Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	right_n	3,390	5	7.1155	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59002	The second part of the Peoples antient and just liberties asserted in the proceedings against, and tryals of Tho. Rudyard, Francis Moor, Rich. Mew, Rich. Mayfeild, Rich. Knowlman, Gilbert Hutton, Job Boulton, Rich. Thornton, Charles Banister, John Boulton, and William Bayly : at the sessions begun and held at the Old-Bailey in London the last day of the 6th moneth, and there continued till the 7th day of the 7th moneth next following, in the year 1670, against the arbitrary procedure of that court, and justices there : wherein their oppression and injustice are manifested, their wickedness and corruption detected, and the jury-mans duty laid open.	Rudyard, Thomas, d. 1692, defendant.; Moor, Francis, defendant.; Mew, Richard, defendant.; Penn, William, 1644-1718. People's antient and just liberties asserted, in the tryal of William Penn.; England and Wales. Court of Quarter Sessions of the Peace (London)	1670 (1670)	Wing S2312; ESTC R21970	50,633	70

The Second Part of the Peoples Antient and Just Liberties ASSERTED In the Proceedings against and TRYALS OF Tho. Rudyard Francis Moor Rich. Mew Rich. Mayfeild Rich. Knowlman Gilbert Hutton Job Boulton Rich. Thornton Charles Banister John Boulton and William Bayly At the Sessions begun and held at the Old-Bailey in London the last day of the 6th Moneth and there continued till the 7th day of the 7th Moneth next following in the year 1670. against the Arbitrary procedure of that Court and Justices there Wherein their Oppression and Injustice are manifested Their Wickedness and Corruption detected and the Jury-Mans Duty laid open Psa 11. 5. The Lord tryeth the Righteous but the Wicked and him that loveth Violence the Lord hateth Prov. 13. 23. There is that destroyeth for want of Judgment Isa 59. 14. Judgment is turned away backwards and Justice standeth afar off c. He that departeth from evil maketh himself a Prey Printed in the Year 1670. The Preface to the READER THat State which would preserve it self from Ruine and Destruction is ever to keep its Inhabitants pure and clean from Vice and Debauchery and their Laws from violation and corruption as the first is a way or means to engage a conscientious obedience and observation of the just and upright Law of God so the second by reason of their due execution are the Sinews or Sanctures that bind the Inhabitants of such State in a perpetual Bond of Safety and Tranquility and it s certainly true where either of these are violated or neglected the ruin of that State is near at hand There 's no better way to incline the Subjects of any State to Morality and Vertile then that those that sit at the Helme or have the Government thereof should hold forth clear Examples and Patterns of Piety and Iustice in their Lives and Actions Regis ad exemplum totus componitur orbis saith the Poet The whole World immitate the Example of their King And as the Divine Historian Josephus observes in his Ecclesiastical History Fol. 209. But saith he mortal men most usually are corrupted by the untoward Flatteries of wavering fortune as appeareth by King Reoboam seeing his Kingdom thus increased he bent himself to all unjust and impious Actions and contemned the Service of God the People also conformed themselves to his Impieties for the Life of the Subjects is oftentimes perverted by reason of the corrupt and dissolute Life of their Princes and those that are Inferiours beholding the Riot of their Superiours will easily be withdrawn from all Modesty and follow those Vices they profess as if they had been their professed Vertues For should they do the contrary they should seem to disanul and mislike the Actions of their Princes The Subjects addicted themselves to Impiety and all Errors for they would not make profession of honesty for fear they should seem to studdy the means to be offensive unto the King From this lively Patern or Representative of our present Times or State we must wish that Princes in this Age would consider and put in practice that Golden Rule of Demosthenes Bene gubernare recte judicare juste facere to Govern well judge rightly and do justly so should their Kingdoms flourish and they themselves be in high estimation in the eyes of their People And next the Princes curious eye over his own personal actions a due heed care and regard is to be had to his Representatives in his Courts of Iustice viz. those Iustices whom he constitutes by his Commission to hear and determine betwixt him and his People that they be such who by their due Administration and faithfull dispensing-of the Laws Justice and Right may be done to all men without respect of Persons But as Vice and Debauchery have devoured and eaten up the Nations practice of Religion scarce leaving us the outside Shell of profession so hath the corruption of our Laws and the violation thereof turned back those wholsom Streams of Iustice which should naturally slow from the use of them And that thou Reader mayst see that thy self art one who is in danger of being buried in the ruines of Religion and Piety as well as thy Civil Rights and Liberties which are the two Basis or Foundations on which thy temporary here and future well-being hereafter consists and stands Cast thy Eye upon the Magistrates of the City of London anciently stiled Caput regni legum in their Court of Iudicature at the Old-Bailey and behold on the one hand Vertue termed Vice Sobriety Debauchery Religion Faction Pious and Peaceable Assemblies Riots and Routs and punished as such On the other hand the Ancient Written Laws denied and their not written ones the Courts Authority Iustice turned into Gaul Right and Equity by Will and Power over-ruled so that it s now become a Proverb Tell me thy Judge and I 'll tell thee thy Law Said the learned Cook Qui non libere veritatem pronunciat proditor veritas est He who conceals Truth is a betrayer thereof Therefore for the sake of Truth and the Readers benefit were these Proceedings made publick and according to that due Observation and impartial Account which could be taken and collected of the manner of that Benches Arraigning and Condemning as well Religion Piety Vertue and Sobriety as Right Equity Liberty and Property with due Comments upon their procedures from the Ancient and Fundamental Laws of this Land are laid to thy view And had not the Mayor and Recorder with the rest of the Bench prohibited many by severe threats from writing down the Courts partial Dealings both towards the Prisoners and Iurors and also by violence took away what others had adventured to collect commanding some to their Bale-dock in all probability this ensuing Piece might have been much more enlarged to thy satisfaction But what has been faithfully Collected and Observed and whereof there were some hundreds of Witnesses is presented to the World the Author desiring rather to spare their Injustice then wrong their Iudicature has contracted this Relation to what comes within the limits of his own knowledge and undeniable proofs but impartially laid Iudgment to the Line and discovered that which may tend to the good of his Country men in the Vindication of the Laws Truth Innocency Equity and Iustice THe Laws of England by Just and upright Ministers and Officers faithfully dispenced and impartially administred have ever been the Upholders and Preservers of Right and Liberty The high esteemed pretious Jewels of its freeborn Inhabitants but when unlimited Prerogatives have spung up like Mushromes out of the sappy Apprehensions aspiring Brains and heady Humors of inferior Officers and Ministers Then Tyranny and Oppression have under disguise of Justice and colour of Law deprived the Commonalty of these things which they have held most pretious and dear to them The pretended Crimes or Offences laid to the charge of Thomas Rudyard are far different in their kind and nature from those

and direct 〈◊〉 as is usual in all Courts of Justice where Right is impa●●●●lly administred and withal bidding the Prisoners to look upon the Iurors and before they were Sworn to make their Challenges So now a second Jury was going to be sworn upon them for the tryal of one single Fact which was a further manifestation of the Courts evil Intentions against them having now neither Equity Justice nor Law for their boundaries or guides it being such a piece of practice that no Age can paralel Saith the learned Cook in his 2 Inst 56. Lex est tutissima Cassis The Law is the safest guard to defend the Innocent from Tort and Wrong which declares That Justice and Right shall be denied to none Neither shall any man be destroyed by any manner of wise on which Cook observes That every Oppression against Law by colour of any usurped Authority is a kind of Destruction For saith he Quando aliquod prohibetur prohibetur omne per quod devenitur ad illud The Law admits not of the least wrong to be done to any man Therefore saith the same Author That its tho worst Oppression which is done by colour of Justice Observe then 1st The Court to swear two several Iuries upon one person to try one and the same Cause or Fact upon one and the same Indictment What is it but under disguise of Iustice to commit such Absurdities that our Laws allow not or Lawyers ever before heard of 2d If such Practises as these be allowable what person shall know when that Iury whom the Court will permit to try him is or shall be sworn upon him to acquit or condemn him according to his Fact and the Law of the Land 3d What Right and Iustice can a Prisoner expect when his Adversary shall not only summon what Iurors they please but also in the Court pack together such whom they Judge will answer their Malitious Designs upon those who shall be committed to their charge The Prisoners taking notice of the Courts partial Prosecution and unequl distribution of Justice and bold attempts to commit such horrid Rapes upon their Liberties made an unanimous Protestation against the second Iury. First Desiring to know by what Law or just President they practised such sort of Iustice upon them and how the Recorder could Swear two Iuries to try one and the same Fact c. The Recorder answered That the first Jury was imprisoned for their Misdemeanour meaning the not finding W. P. and W. M. guilty and the Prisoners must take that for an answer Which being far short of the Question the Prisoners still persisted to know what Law or Custom justified their proceedings The Recorder replyed That the Court had over-ruled them The Prisoners told him That the Law should be and ought to be the Rule and Guide of all Courts of Justice and that such Answers as The Court over-ruled you was not sufficient to satisfie their reasonable and just Demands Whereupon the Recorder with great Indignation and Rage told one of the Prisoners That he should be Gagged and deserved to have his Tongue bored through with a Hot Iron and his Mouth Nail'd to the Dust with many other inveterate approbious and tainting Expressions telling him That he was not bound to produce Presidents but it should satisfie That the Court was of another Opinion against them and had over-ruled them To which the Mayor joyned his consent saying also We will over-rule you By the Statute 25 Ed. 1. chap. 1. it was accorded That the Kings Justices Sheriffs Mayors c. that had the Laws to guide them c. This is a Clause saith Cook worthy to be written in letters of GOLD That the Laws are to be the Judges Guides And therefore not Judges by their Arbitrary Glosses to be Guides of the Laws which never yet misguiden any that truly followed them Sub Clipeo Legis nemo decipitur as saith the same Author Common Right in 2 E. 3. is called Common Law in 14 E. 3. c. and in this sence it is taken where it is said It a quod stet recto in curia i. e. legis in curia The Law is called rectum that is Right or a Rule because it discovereth that which is tort crooked or wrong so as Right signifieth Law so Tort Crooked or Wrong signifieth Injury and Injuria est contra jus against Right Hereby saith Cook the crooked Cord of that which is called Discretion appeareth to be unlawful So that First its plain The Law rules and guides but Discretion Force and Violence over-rule Secondly The just Judge makes the Law his Rule and Guide but the Unjust over-rules the Law So that its apparent that this over-ruling is no other then by Discretion which is tort crooked and rough to oppose with violence that Justice and Right which the Laws allow and afford every Free-man of England then there 's no defence to be made against the Recorders over-ruling that is gone beyond the Laws Rule to his own over-ruling Will and Discretion The Clark of the Peace in obedience to the Courts command proceeds to Swear the second Jury upon the Prisoners upon which some of the Prisoners objected against several of them as one Steed the Fore-man and several others The Recorder denied they their challenges telling them still that the Court over-rul'd them And although Judge Cook in his 3 Inst fol. 27. saith That the end of Challenge is to have an indifferent Trial and which is required by Law and to bar the Party indicted of his lawfull Challenge is to bar him of a principal concern in his Trial yet this Recorder who doth or should know the Law and those Rights and Priviledges which it affords the Prisoners both in the Challenge of the Array of the Pannel and also of the Poles admitted their Challenges to neither but cried out still The Court over-rules you that as well the Spectators as Prisoners were fully satisfied that the purpose and resolution of the Bench was to make them subject and slaves to their Injustice and most Tyrannical Will and Pleasure in dispite of the Laws and that undoubted Right and Liberty which is the best Birth-right the Freeman of England hath The names of the Jury were Henry Stead Fore-man Edward Dermer Thomas Mosse John Ashborne Edward Langton Henry Osstly Edward Hanney Walter Hungerford Tho. Pendleton Robert Twisord Rob. Cooper and Daniel Waiton As its most certainly true that every Freeman of England may and doth challenge the benefit of Ancient Fundamental Laws to protect and defend his Life and Liberty against violence and oppression most especially that which is contained in the 29th Chapter of the Charter of Liberties viz. Not to be taken imprisoned c. but by Judgment of his Equals which Cook calls in his Exposition twelve of his good and honest Neighbours And to have equal Justice and Right done him according to that Charter as by the first Statute of 20 E. 1. So

it s as true that by the Recorder of London the Mayor and his Brethren those Rights and Priviledges have been denied those Laws and such who claim a benefit from them have been contemned and over-ruled by the Censures and Judgements which they passed upon and carriages and usages which they practised toward both Prisoners and Jurors so that this consequence will follow First Although a Jury of good and honest men shall be sworn well and truely to Try and true Deliverance make between c. according to their Evidence yet if the Verdict that is confirmed by the Oathes of twelve men agreed together as one be not congruous to the will and humour of one Person sitting on the Bench as the Recorder these twelve Iudges shall be Fined and Imprisoned as perjured Persons and as such who are guilty of as high misdemeanors as any they came to judge and try Secondly When twelve good and lawfull men shall be so impannelled and sworn to try c. and the Prisoners shall accept of them without Challenge except after this the Court also approves of them these first sworn shall be imprisoned and another Jury summoned and packed together to serve and answer the ends of the Informers and Prosecutors upon the Prisoners contrary to Law any Usage or Custom whatsoever And now we dare put those Questions to be resolved by the very Enemies of these Prisoners that were so tryed by that Court Whether this Bench and the Sheriffs of London who from the beginning were either Prosecutors or Informers against these Prisoners First So menacing and threatning and afterwards Fining and Imprisoning one Jury Secondly Summoning packing and enforcing another Jury upon Prisoners to try that Fact which a former Jury were sworn to determine against the Law Usages and Practices of all Courts of Judicature have not with Violence oppressed the Freemen of this Land and denied them that Justice and Right which by the Fundamental Laws they ought freely to have and enjoy and which also these Justices by their Commissions Oathes and Duty of their Places ought to allow yea or nay The second Jury being thus sworn the Clark of the Peace read over the Indictment against Fra. Moor Richard Mew Rich. Mayfeild Richard Knowlman and Gilbert Hutton as also that against Rich. Thornton Charles Banister and Job Boulton the substance whereof is before set down and their Indictments for form and matter being alike they were tryed together The Cryer calling the Witnesses the Court proceeded to Tryal The Prosecutors and Witnesses were one Whiting the Beadle of Bridgeward and the rest were the Sheriffs Officers whom the Mayor had bound over to prosecute the Prisoners Whence it may be observed That either the Sheriffs themselves or their Servants were the Informers in this Work from which so many large perquisits have fallen to them as hereafter shall be mentioned The Substance of the Witnesses Evidence was That they saw the Prisoners in Grace-Church-Street in Whitehart-Court amongst the Assembly of People there met together and that they stayed there till after Proclamation was made That all persons there present should depart The Prisoners being asked what they could say for themselves they answered That they owned that they were at Gratious-street met together to worship the true and living God in Spirit and in Truth against which there is no Law And further said That the Indictment consisted of much matter as meeting with Force and Arms to disturb the Peace and continuing there Riotously Routosly and Tumultuously in contempt of the King and his Laws and against the Kings Crown and Dignity which none of the Witnesses had sworn therefore they desired to know upon what Law they were Indicted and that the Law might be produced and read to the Jury that thereby they might know whether they had made a Breach of any just Law The Recorder answered That he was not bound to produce the Law for it was Lex non scripta Then replyed the Prisoners How shall the Jury know whether we are guilty of the Breach thereof Said the Recorder It is the Common Law which you have broken in your tumultuous Assemblies and staying there after Proclamations were made to depart The Prisoners objected That the Indictment alledgeth three several Proclamations were made when as but one was made that day Whereupon the Witnesses were again examined whether there were not three Proclamations made Who answered that there was but one made Upon which the Mayor demanded of one of the Witnesses whether O YES was not said thrice Who answered That the Officer who made Proclamation said O YES three times before he commanded the People in the Kings Name to depart Then said the Mayor That was three Proclamations Such a piece of Violence in the explanation of a Word that has not been known in a Court of Justice The Prisoners further urged That they were alwayes quiet and peaceable in their Assemblies That the Law against Riots were never intended against them but Popish or such like Disturbers of the Peace To which the Recorder answered That the PAPISTS were better Subjects to the King then they were and that they were a stubborn and a dangerous People and must either be brought under or there were no safe living by them The Prisoners offering to vindicate themselves from those soul Aspersions laid upon them by the Recorder telling him That they had broken no just Law to their knowledge and that they never had been guilty of being Rioters and Routers as was pretended which they desired the Jury to take notice of and that there had not any such Proof been offered by the Witnesses Whereupon the Mayor and Recorder commanded the Goalers to thrust them into the Bale-dock and in their absence the Recorder gave his Charge to the Jury not so much summing up the Evidence which truly proved not the tenth part of the Indictment as giving in matter of his own of foul Criminations telling the Jury that they were a Refractory People such who delighted in deeds of Darkness and that they must be crushed or there would be no living by them so that upon the Indictment they must find them guilty Now surely there never was greater Oppression and Violence manifested in a Court of Iustice either upon the just and righteous Law or a quiet and peaceable People as has been acted by the Lievtenancy its pitty to say Magistrates of the famous City of London Had there been colour for their proceedings by any Statute Law of the Land pointing out the Offenders and their Punishment these several Actings of theirs might have been in some measure tollerable but when men dare at once against the very face of Law Justice Equity Reason Right and Liberty commit such Oppressions upon their Fellow-Creatures yea on a People too who never yet could be justly charged for using Violence Force or Arms against any man no not so much as to defend themselves against such who have violently and inhumanly

which though the things are smal yet it had been punished if it had been proved But now to the Fact of the City Recorder it was observed That when he gave Judgment against the several Convicts before related and assessed the several Fines and Amercements upon the Convicts and others both for their Hats and pretended Crimes for which they were Indicted That John Smith one of the Sheriffs of London being as was supposed over-joyed to hear of the Courts Gratitude in rewarding his pains for making Proclamations in the Steets c. but being somewhat in doubt whether many of the Fines might not fall short or prove Bad Debts hastily steps out of his Chair and going to the Recorder saying BUT HOW SHALL WE COME BY THESE FINES To which the Recorder answered GIVE ME ONE OF THEM AND I WILL SECURE YOU ALL THE REST At which answer with a seeming joy and alacrity I. Smith returned to his Chair and spoke to some who were supposed his Friends there present in Court and audibly declared to them That the Recorder told him That if we meaning the Sheriffs would give him one of the Fines he would secure us all the rest of them Surely this was two open and publique a place to make such Bargains as these But what Wonder when scarce any Passage or Action of theirs that Sessions was in Law and Righteousness any more justifiable What Ratification or Confirmation of this piece of contracted Bribery has been since betwixt them in their private Chambers we know not but what 's done acted in publique Courts we may can assert declare to the World Some may conjecture That the Money which I. Howel the Recorder afterwards received was upon the first proposed and offered Contract made in open Court with Jo. Smith the Sheriff Others may Imagine That it was the Mayors Benevolence for justifying his Dirty and Filthy Actions and Prosecutions before the People at the Sessions But the case is this That the Mayor Sheriffs Jo. Robinson c. and other the Justices for that Sessions being met together at Guildhall in a Court of Aldermen proposed to pay the Recorder for his extrordinary pains reward him for his execution of Justice or sitting in Judgment at the Old-Baily upon the Quakers I. Robinson the chief of that Flock and not the backwardest to give what 's not his own told the Court THAT THE RECORDER DESERVED AN HUNDRED POUNDS FOR HIS SERVICE DONE AT THE OLD BAILY THE LAST SESSIONS Whereupon the Court consented to pay him for that service an Hundred Pounds by the Chamberlin of London Who doubts of the truth hereof are desired to repair to the Chamberlins-Office and they may there find the Order bearing date the 8th of October 1670. Besides other Orders for 200 l. more to him within eight Moneths last past An excellent way to ease that Treasury of being overburthened with Orphans Money by which Sinister Ends and Cursed Dispositions of its Cash the Chamber is run so deeply in Debt that it s almost incredible and here Modesty engages to conceal being in hopes that ere long some more saithful Stewards and Guardians may be appointed to have the Charge and Wardship of it c. So that notwithstanding that large provision which Englands Laws have made for the safety of its Inhabitants as in chapter 29. of its Charter of Liberties Nulli vendimus c. on which Cook observes That all the Kings People Ecclesiastical and Temporal Free or Bond Old or Young yea although he be Outlawed or Excommunicated or any other without exception is to have Justice freely without sale and fully without denial yet those Prisoners at the hand of this Recorder and Bench instead of having Justice freely have been apparently sold into the hands of their cruel Adversaries and instead of having it fully they have been unjustly over-ruled by their Arbitrary and Illegal Sentences and Censures against them Thus are we forced to cast the blame of the Prisoners Suffrings upon the Authors thereof which we must attribute either sprung from their falsness to their trust or their incapacity to execute that weight of Authority committed to them and surely this Nation throughout is made sensible of nothing more then the daily Breach of their Liberties and of Violence to the Freedom of their Persons and Estates by such hostes humani generis as these oppressed Prisoners have had just occasion to complain of The Actions of that Sessions were a Riddle to the English-man beyond all that this latter monstrous Age hath brought forth its needless to repeat how much the publick Liberty in denying the commonalty that freedom of Iurors the Law allows fining imprisoning Iurors for doing their duty imposing Fines arbitrarily without inquest upon the Freeborn men of England denying to produce that Law which is pretended to have been transgressed is wounded and how much the Injuries are doubled and trebled upon their Fellow-members and the evil consequence thereof which if drawn into president who can count himself free either in Person or Estate The consequence of a wicked Sentence said Chancellor Bacon was infinitely worse then a wicked Fact as being held a President and Pattern whereby oppression beginning upon one is extended as warrantable upon all And this conclusion he draweth out of this place of Scripture Fons turbatus vena corrupta est justus cadens corum impio A just man falling into the hands of the wicked is like a Fountain troubled with the Foot or the Urin corrupted in the Body The honour of which arbitrary Sentences Censures and severe Judgments have stricken the Commonalty with Amazement that the Courts of Iustice ordained for publick preservation and safety should be wrested to enslave oppress ruin and destroy us How much that Mayor and Recorder have usurped upon the Rights and Liberties of these Prisoners is too apparent in their waving the Rules of Law and measuring out Iustice by their fantastical Discretions and Arbitrary Wills and Power the consequence of which cannot but he inevitably mischievious and inconvenient to both these that there were sensured and judged evil to the People of England hence was derived that excellent Maxim Melius sub iniquissima lege quam sub aquissimo arbitro vivere That is It s better to live under a hard and hush known written Law where every man may read his duty and know his Offence and Punishment then under the mildest Arbitrary Government where the Subject is condemned at the well of every Bench of Justice before which he shall appear without any certain or known Rules and Measures for the Offence and Punishment And how spetious soever the pretence for these proceedings may be we know that the pretence of necessity to act contrary to the known written Laws in the Mayor Recorder c. or any others is but to Usher in Tyranny and Oppression There appears no other end that this Bench had in this tortious sort of proceeding then to

the Prisoner be Innocency or Guilt And so the Bench at the Old-Baily acted last Sessions in the Case of Riots Routs and unlawful Assemblies and although there be several Statutes in force which point out the persons that ought to be apprehended and punished as Rioters and Routers as the Statute of 17 R. 2. 8. 13 H. 4. 7. 2 H. 5. 8. with others yet your Recorder and Magistrates pretending to proceed by the Common Law non scripta apprehended quiet and peaceable Religious Assemblies as Riots and Routs and punished them as such the greatest abuse to the Common Law as has been done in any age by such who pretend to sit upon a Bench of Iustice And after the rate of their Proceedings by their abuse of the Law they might have framed an Indictment against a man for vi armis eating Meat at his own Table with his Wife and Children and at last ushering in the Fact committed with these obnoxlous Tearms as Against the King and his Laws Illogally and in contempt of his Crown and Dignity c. And a Iury of their packing would have found them guilty Modo Forma Therefore it concerns you to have great care and regard to the Charge you undertake which is Well and truly to try and true deliverance make according to what is evidenced to your Conscience Cit. But what 's the Reason that Indictments and all the Proceedings of the Sessions be drawn and entred in Latine a Language which few either Jurors or Prisoners understand Stud. It s such a Practice that no Reason can be given for it except to keep the People ignorant especially the Grand Inquests who first pass the Bills of Indictment who being generally unknowing in such Language may perjure themselves blindfold being only informed or made to understand so much of what they swear to as a mercenary Clark will read to them or let them know which besure shall be no more then what 's for the interest of the Prosecutors and the Prisoners disadvantage And if these twelve men who by the Law are uncontroulable Judges shall not bring in or return Billavera to such Indictments as the Bench shall favour your Mayor and Recorder after Iustice Keeling's Example do frequently command them back till they find those Bills according to their direction which great abuse of the Law as Horn calls it is not only one of the greatest Violences that is offered to our Lives and Liberties but also expresly against the very Oath that those Justices take for the execution of that place of Trust which saith Ye shall do even Law and Execution of Right to all Rich and Poor without having regard to any person and that ye give none Advice nor Counsel to no man great nor small in no Case where the King is party Cit. How comes it to pass that these Judges who so violate their Oaths oppress the People so illegally censure the Innocent and condemn the Just escape condign punishment in all Ages which is a due reward for their Oppression and Injustice Stud. To call them Judges is a Title beyond their Place or Commission They are stiled Iustices according to their Office which is to see Iustice done betwixt party and party not to fine and imprison persons at their will and pleasure without a Iury which practice of theirs is no more legal then evil Custom can make it which practice A. Horn in his Mirror of Justice reckons amongst the Abuses of the Law they having no other Law Ground or Authority for it then some former Uses or rather Abuses acted by their Predecessors and by the same rule in case the Iurors bring their habeas Corpus for relief the Recorder or his Council may offer Keelings sining of the Iury although condemned in Parliament to justifie this latter piece of Injustice After which rate a Thief or a Robber may legally justifie his Actions because of his long Use Custom and frequent Practice which abuses the Iustices at Westminster rarely dare or will punish by reason such crimes advancing prerogative it may occasion a Frown or Rebuke from one or other Superior forgetting or else neglecting that obligation that lies upon them To deny no man Common Right by the Kings Letters nor none other mans nor for none other cause Nor delay Justice or Right to any man according to the Charter of Liberties And although many corrupt and faithless Executioners of Iustice have escaped their due Reward in all Ages yet there are some who have received their Portion as Lambert in the Translation of his Saxon Laws reports That King Alfred the famous Compiler of our English Laws executed many such Of which Andrew Horn a worthy Authour in his Mirror of Justice written in the time of Edw. 1. cap. 5. sect 1. among the many Violences and Abuses offered to the Common Law i. e. The Common Right of the People of England gives a punctual account saying It was an abuse of Justices and their Officers who kill people by false Judgment were not destroyed as other Murderers which King ALFRED caused to be done who caused Forty Four Justices in one year to be HANGED as Murderers for their false Judgments Amongst which says the Author He Hanged Cadwine because that he judged Hackwy to death without the consent of all the Jurors And whereas be stood upon his Jury of twelve men because part of them would have saved him Cadwine like your Recorder removed those and put others on the Jury against Hackwy's consent So observe It s said without the consent of his Jurors though twelve men had given a Verdict against him for those who were put upon him against his consent were not his Jurors by reason all or any of those who were first sworn to try him could not by the Law be removed and others put in their rooms This is a Case save only in the punishment of the Justices parralel to that of your Mayor and Recorder at the Old-Baily London 5 Sept. 1670. who when one Jury of twelve men were sworn to try several persons called Quakers and the Prisoners had accepted of them they Cadwine like removed the first Jury and forced other Jurors upon them against their consent and by that means condemned them like Hackwy without the consent of their Jurors He Hanged Seafoul because he judged Ording to Death for not Answering So it was Murder in a Justice to condemn a Person before a Jury had tryed the Fact which in this case they could not do the Prisoner not pleading to the Indictment He Hanged Freburn because he judged Harpyn to dye when as the Jury were in doubt of their Verdict and the reason is given because in doubtful Cases one ought rather to Save then Condemn Here 's not only a Maxime for Jurors Justices Rather in doubtful Cases to Save then Condemn but a seasonable Caution to Justices of Assize and Sessions who not only when a Jury are doubtful but

when they are agreed to acquit will menace and threaten them with Fines and Imprisonment until they bring in a Verdict against a Prisoner upon whom they purpose to pass a Freburn's Judgment He Hanged Hale because he saved Tristram the Sheriff from death who took to the Kings use from another Goods against his will for as much as any such Taking or Robbery hath no difference He Hanged Arnold because he saved Boyliffe who robbed the people by colo●r of Distresses whereof some were by selling Distresses and some by extortion of Fines as if by extortion of Fines releasing of tortious Distresses 〈…〉 such Distresses and Robery there were difference How many Burglaries Theses and Roberies are daily committed by the Miscreants of our Age under the names of Informers and other the Kings Officers like Tristram the Sheriff by taking away Goods against the will of the Owner to the Kings use as they pretended and by colour of Distresses and selling and releasing Distresses and extortion of illegal imposed Fines against the Fundamental Laws upon Englands Quiet Peaceable and Religious yet Oppressed and Abused Inhabitants and the Justices of the Peace not only like Hale and Arnold save and secure them from condign punishment but abet and encourage them to such sore and grievous Oppressions yet no relief upon the Oppressors complaint nor redress for these publick Grievances He Hanged Oskitell because he judged Cathing to death by record of a Coroner without tryal of the Truth of the Fact by the Jury So zealous was this King for the execution of Justice and tender of the Lives of his Subjects That as says the same Author he hanged all the Judges who had falsly Saved a man Guilty of Death or had falsly Hanged any man against Law or any reasonable Exception And in lesser Offences where they wrongfully grieved any man or passed the bounds of their Commission or the Law he disinhorited and removed them to the satisfaction of the people stablishing of sure upright Laws maintenance of the honour of his Courts of Justice and his perpetual Renown and Fame to future Ages and Generations Besides Hubert de Burgo in the 17 year of E. 3. Father and Son Trisilian and Belknap Sr. William Thorpe in 23 E. 3. Empson and Dudley persons most famous for Tyranny and Oppression left upon record that our Iustices of later date beholding their ends should avoid their Foot-steps So although some of your Fellow Citizens by reason of this Injustice and Oppression of your Citty Recorder Mayor c. have undergone the hardship of Imprisonment yet they standing in the gap against the introducing of an Arbitrary Government they may live to see a due reward rendre to their Oppressions and enjoy the fruit of theird faithfulness to the trust reposed in them that is Liberty and Freedom from Tyranny Oppression then as says the Wise-man Prov. 21. 18. The Wickod shall be a ransom for the Righteous and the Transgressor for the Upright Cit. Well I acknowledge you have given me ample Satisfaction as to what is the Jurors Duty and since I see That the English mans Life Freedom and Property principally depends on the faithfulness and honesty of his Jurors I shall endeavour to perform my Duty in that Office and what my Assistance may avail to defend us against that Torrent of Violence Usurpation and Oppression which is overflowing all our Liberties shall be freely tendred and given up for the good of this City and my Native Country Stud. Now my Friend you speak like an Enlish-man and as one that would faithfully serve your Country and if you will take my advise at leasure hours read your Charter of Liberties and the Fundamental Laws By which as Cook says you have a better Inheritance then by your natural Parents some of the most impartial Writers have been the said Sr. Ed. Cook in his 2d 3d and 4th Institutes Horn's Mirror of Justice Lambert's Translation of the Saxon Laws as also The Tryal of W. P. and W. M. lately printed they are Books without difficulty to be had and very worthy your perusual wherein you may not onely see the English-mans Rights and Liberties asserted but Tyranny and Oppression in all Ages endeavouring to exterpate and violate our Laws the equal Distributer of every mans Property detected and laid open These I would not have one true English-man want in his House the consulting with which at vacant hours will so accommodate and furnish him with the knowledge and understanding of his own inherent Rights and Liberties that he may be able to defend not only himself from Violence and Oppression but also his Neighbours from Tort and Wrong Pro. 29. 7. Cognoscit justus causam tenuium improbus non animadvertit ut cognoscat A Postscript THIS impartial Accompt of these persons Tryals with the Appendix of the Jury-mans Duty and Rights had been earlier presented to thy view but that the difficulty of a Printing-Press is such by reason of their frequent Searching and Examination that it s no easie matter to bring forth Truth to Light without Hazard As the Author hath on the one hand avoided the Censure of a flattering Hypocrite that with his Mouth destroyeth his Neighbour so on the other hand the Lash of the Wise Man Pro. 24. 24. He that saith unto the Wicked Thou art Righteous him shall the People Curse Nations shall Abhor him What Violences and Oppressions may at the rate of that Courts proceedings against these Prisoners be committed not only upon the Cittizens of London but upon every Free-man of England are apparent to the Judicious Have not such Arbitrary and Illegal Proceedings upon Jurors the Staff of the English-man's Liberty been condemned by the Commons of England in Parliament and declared That they were of evil Consequence to the Lives and Liberties of the People which thing these Prisoners have sadly experienced and that they tended to the Introducing of an Arbitrary Government Which no Sober Man questions yet no sufficient caution to that Court. O Wicked Times O Miserable Age What Injustice avowed Oppression become familiar yea Legal Oaths of Jurors in publick Courts solemnly made and taken in the Presence of God and man by a Bench of Justice absolved or denying them to perform what they had enforced them to Swear Must we by our Laws under grievous Penalties abjure the See of ROME And our Magistrates tread its steps in assuming the like prerogative And not only so but commending their Idolatrous Cruel Tyrannical and Inquisitory Practices upon sober and religious People As John Howel the Recorder frequently did that Sessions What 's the end these persons aim at in their Iudicature It s too apparent Not Salus Populi the Commonalties Good What Religious Perswasion do they defend or stand for In punishing Dissenters from the national Church We know they commend the Papists and spare the Atheists Never was there any so wicked or cursed Betrayers of Right Liberty Justice or

other Persons who have undergone with him the severe Judgments or as some call them the Inquisitory like Censures of that Court which were so far from Juris Dicta The Law of Right or impartial dispencing of Justice that they are clear contrary and directly opposit unto them The Justices of that Court Judge Cook that famous English Lawyer doth well describe in his 2d Inst Fol. 55. in a Poetical Simile of an unjust Judge Grosius hic rodamanthus habet durissima Regna castigatque auditque dolas subigitque fateri And in another place Leges fixit praecio atque refixit They Punish then Hear compel to Confess make and marr Laws at pleasure The Occasion of T. R's being Envyed and Prosecuted by these Adversaries of Peace was because of his faithful defending and Constant appearing when called thereto for his Clyents and Retainders in such Matters Causes as Will and Power had forged and daily did put in execution against them so that the 3d of the 4th Moneth called June the Magistrates of the City of London in the Name or Colour of a Lievtenancy or Militia Issued out a Warrant to break open his house in the dead of the Night to apprehend him when they might have had him at Noon-day upon the Exchange about his occasions and did take and carry away him and also what Arms they there coudl find which Warrant was executed by the Souldiers of one Captain Holford and the next day was sent to the ●o●l of New-Gate as a person suspected and disaffected to the Peace of the Kingdom as was alledged in his Mittimus under the Hands and Seals of Samuel Starling Mayor Wil. Peak Rob. Hauson A. King J. Dawes John Cutler William Rouswel A. Stanyon John Tivell Wil. Allott J. Sheldon and T. Davice The 7th of the 4th Moneth the Lievtenancy so called ordered T. R. to be again brought before them who without alledging any Crime or certain Matter that was proved against him though earnestly requested by him That he might hear his Accusation or see his Accusers face to face did demand 2000 l. security for his Good-behaviour which unreasonable Demand being not complied withal T. R. was remanded to Goal with a Mittimus under Sam. Starling and John Robinsons Hand and Seal Pretending therein That T. R. did stir up persons to the disobedience of Laws and abetted and encouraged such as met in unlawful and Seditious Conventicles contrary to the late Act in the 22th C. 2. of which things they alledged that they found cause to suspect T. R. to be guilty Which Case being brought before the Iustices of the Court of Common-Pleas at Westminster by Habeas Corpus That Court after solemn debate gave their Judgment That T. R. was unjustly Imprisoned and unlawfully Detained And so by them was set at Liberty His Adversary viz. S. Starling the Mayor being incensed at his Deliverance and Discharge finds out new Stratagenis to encompass his ends upon him so that at a Sessions of the Peace at the Old-Baily the 29th of the 4th Moneth an Indictment is framed and preferred against T. R. the Tenor whereof was That whereas at a S●ssions of the Peace held at Guildhall for the City of London the ●●●h of May the 22th year of the King before S. Starling c. an●●he ●ustices of the Peace of the said City assigned c. a certain Bill of ●●●ic●ment was exhibited and preferred against one Samuel 〈◊〉 late of London Stationer written in Parchment for speaking these seditious and menacing Words viz. The first man that shall disturb Mr. Vincent will never go out of the house alive whereas one N. Grove J. Tillot were sworn to give Evidence in behalf of the King to the grand Inquest that T. R. intending to hinder and pervert Justice and due course of Law against S. A. for speaking the seditious and menacing words aforesaid the 30th of May with Force and Arms c. the said Bill of Indictment before it came to the grand Inquest unlawfully secretly and subtilly did get take and had in his hands and unlawfully did conceal and detain from the Jury in contempt of the King and his Laws to the hindrance of Justice and due course of Law against Allingbridge unto the evil example of others and against the Kings Peace Crown and Dignity To which Indictment T. R. appearing in Court and pleading not guilty John Lee told the Bench that there was no cause for that Indictment by reason that S. A. was tryed convicted and acquitted the same Sessions that the pretended Indictment miscarryed Whereupon the Mayor pulling an Affidavit out of his Pocket that bore date the 29th then instant alledged That the Indictment was not drawn to the Case and according to the Instructions that he gave to Jo. Lee and shewed that Affidavit to Archer one of the Justices of the Common-Pleas who when he had perufed and read it over acquainted the Mayor That the matter therein contained was no cause for an Indictment To which the Mayor answered That it is cause and shall be cause and he would stand to it withal affirming That he had asked chief Justice Keeling's Judgment and he advised him to prosecute it So the Instructions were delivered to John Lee to draw up another Indictment This piece of practice was in open Court which manifests their partiallity and unequal dealings to such whom they convened before them to receive Justice at their hands And how little they who sate there as Judges regarded their Oaths and the duty of that place of so great a trust is easily resolved weighing them in the Ballance of Law and Justice Said the learned Cook in his 3 Inst fol. 29. The Judges ought not to deliver their Opinion before-hand upon a Case put and proofs urged on one side in absence of the party accused For how saith he can they be indifferent who have delivered their Opinions before hand without hearing of the party accused when a small addition or substraction may alter the Case And how doth it stand with their Oaths that are sworn That they shal well lawfully serve our Lord the King and his people in the Office of a Justice And they should do Equal Law execution of Right to all his Subjects Yea he saith further That the Kings Council shall not so much as put the case in absence of the Prisoner to the Judges As may be seen at large in 3 Inst fol. 30. And the 3d Statute of 18 Edward 3. In the Judges Oath it s said And that ye give no advice nor counsel to no man great nor small in no case where the King is party Now if the Mayors prosecution and Justice Keelings Advice be according to the Law Justice their Oaths and Duty in their respective places let the World judge The Clark of the Peace drew up another Indictment by the Mayors Directions which contained the substance of the former and further That the said T. R.

the said 30th of May comming to the aforesaid Nicholas Grove said to him That the Bill against S. A. was lost and that N. S. should attend next Saturday and that T. R. unlawfully and craftily did say to N. G. these words viz. I will come to you some time this Week and we will go and drink a pint of Wine with Mr. Tanner and contrive to draw up a slight Bill that may not be found and so make an end of the business In contempt of the King and his Laws to the hindrance of Justice and perverting of due course of Law against S. A. for his Offence to the evil example of others and against the Peace of the said King his Crown and Dignity To this Indictment also T. R. pleaded Not guilty and gave security by Recognizence to try them both the next Sessions This Prosecution falling short still of the Mayor's purpose which was To clap T. R. up in a Goal demands of him to give security or at least his own Recognizance for his Good-behaviour being the same thing that the Judges lately had given their Opinion against Therefore he refused that piece of Bondage yet offering the Court in case of health to appear once every day at the Mayor● house there to answer any matter that should be justly charged against him Whereupon he was committed to Prison and by the Mayors special Order and Direction kept close Prisoner in Newgate During the time of this unequal Prosecution of T. R. many others felt the weight of the Mayors injustice were made Witnesses of the various Stratagems used and practized by him and his Brethren upon several Citizens of London and likewise upon several other innocent peaceable men Upon the 19th of the 4th Moneth Francis Moor Richard Mow Richard Mayfeild Richard knowlman and Gilbert Hutton with divers others of their Friends being as at other times met together to wait upon and worship the living God in Spirit and in Truth at Whitehart-Court in Grace-Church-Street London being forceably kept out of their own house by Watch-men and Constables after they had there peaceably continued together about the space of one hour the two Sheriffs of London with their Guard of Officers and Souldiers came in and made a Proclamation by one of their Servants That all persons there present should depart which being not regarded by those who peaceably came there to give to God the things that were God's they continued in peaceable manner together without distraction not fearing what mans violence could do unto them knowing that against the Innocent there was no Law Yet the Sheriffs singled out of the Assembly the above said Persons and delivering them into the custody of one Whiting Beadle to the Bridgeward who was a person very diligent in such services and his Watchmen who carryed them by the Sheriffs order to Bishopsgate-Goal a place who ever has had the Experience thereof can witness its filthy noisomness and a horrid shame it is that the Magistrates of this City should make no better provision then to incarsarate peaceable men and their Fellow-Creatures in places as it were on purpose to stifle or poison them that they might be incapassitated to make a due defence against their intollerable and arbitrary Oppression The day following they were called before the Lievetenancy or Council of War at Guildhall who wanting Proof and Witness of some hostile Action done by them they were remanded back to Prison The 21th of the 4th Moneth They being brought before the Mayor and the Officers swearing that they saw them in Whitehart-Court in Grace-Church-Street though peaceable and quiet as the Sheriffs being then present acknowledged yet because the Sheriffs of London had taken up and apprehended them as persons present after their Proclamation made as may appear by their commitment The Mayor made their Mittimus to Newgate as Rioters the Tennor whereof was thus Lond. ●ss Receive into your custody the Bodies of Francis Moor Rich. Mew c. Herewith sent you being apprehended and brought before me and charged to have made and to have been present on the last Lords-day at an unlawful Assembly Riot and Rout in Whitehart-yard in Grace-church-Street London and for want of sureties for their Good-behaviour and personal appearance at the next Sessions of Goal-delivery to be held for the said City and Liberties and them safly keep in your custody until they shall be thence legally discharged and this shall be your Warrant dated the 21th of June 1670. Samuel Starling Mayor To the Keepers of his Majesties Goal of New-Gate Where they were kept till the Sessions following with several others of their Friends which were sent to them as like Offenders The Court ordered these with Richard Thornton Charles Banister Job Boulton Ezekiel Archer Margery Fann and Samuel Slaughter whom the Sheriffs had taken up from their Meeting in Boshopsgate-street to be indicted the Tennor of which Indictment was That they together with others were met at London c. with Force and Arms in a Riotous manner c. to the disturbance of the Peace of our Lord the King and that they together with about 200. more unknown did assemble in an unlawful manner Riotously Routously and Tumultuously under colour and pretence of Religious Worship in other manner then was practized in the Church of England and that after three Proclamations then and there in the name of the King by John Smith Esquire and James Edwards Esquire then and yet Sheriffs of the City of London were made That all persons there present should from thence depart forthwith upon their peril The said F. M. c. together with the other 200. unknown then and there by the space of half a quarter of an hour did remain and continue together Riotously Routously and unlawfully in contempt of the King and his Laws to the disturbance of his Peace to the evil example of all others in the like Case Offenders and against the Peace of the said King his Crown and Dignity c. Justice Moreton sitting on the Bench the Prisoners were called to the Bar and as they passed along the Goalers would have taken off their Hats but Justice Moreton commanded they should be let alone and said he would fine them five Marks apiece for their contempt to the Court and so urged them to plead Guilty or Not Guilty to which they generally answered That they were not Guilty of the breach of any Just Law So the Court took that for a Plea as not guilty and asked them whether they would be tryed presently or traverse to which they answered That if they might have a Copy of their indictment they would be tryed next day the Court replied That they must either try it presently without a Copy of the Indictment or traverse till next Sessions and then they should have a Copy thereof and Justice done them to which they agreed and passed their words to appear the next Sessions Soon after that Sessions the Military Forces

abused and tortured their bodies without the least colour of Warrant or Authority from the Civil Magistrate We cannot but stand in admiration of this Court of Iudicature Let us a little see the Judgments of our Sages of the Law touching the matter of Riots in former and latter times not only Statute Law but also the Opinion of the Learned First see the Statute of 17 R. 2. chap. 8. 1393. It was Enacted That the Sheriffs and all other the Kings Officers should suppress Rioters and Imprison them 13 H. 4. chap. 7. An. 1411 If any Assembly or Rout of people against the Law be made that three or two Justices of the Peace and Sheriff or under Sheriffs shall come with the Power of the County if need be to arrest them and shall record what is done against the Law and that the persons by that Record shall be convict in manner as inforceable Entries 2 H. 5. 8. The Kings Liege People that were Travellers should be assistant to the Justices c. when warned to ride with them in aide to resist Riots Routs c. upon pain of Imprisonment The Riotors and Routers mentioned in these Statutes were certainly such persons who did really meet with Force and Arms else what need was there of the Power of the Country as is directed to quiet appease and arrest them or else what need of engaging Travellers to resist them notwithstanding they may have the Power of the Country to apprehend them 2. Read the Judgment of the Oracle of our Laws Cook in his 3. In. c. 79. tittle Riots Routs unlawful Assemblies Forces c. saith thus Riotum cometh of the French Word Rioter i. e. Rixari And in the Common Law signifieth When three or more do any unlawful Act as to beat any man or hunt in his Park Chase or Warren or to enter or take possession of another mans Land or to cut or destroy his Corn Grass or other profit c. Routa is derived of the French Word Rout and properly in Law signifieth When three or more do any unlawful Act for their own or the common quarrel c. As when Commoners break down Hedges or Pales or cast down Ditches or Inhabitants for a way claimed by them or the like An unlawful Assembly is when three or more assemble themselves together to commit a Riot or Rout and do it not So that its most plain and evident That a Quiet Religious and Peaceable Assembly of people were never intended by our Predecessors to be punished as Rioters Routers and unlawful Assemblies as our Law-Executioners now a dayes would have it The Lord Cook said Interest regi habere subditos pacatos That the Kings Interest was to have his Subjects peaceable And what must it be the inferior Officers Interest to have them accounted otherwise and that for filthy Lucre sake A new Contrivance to advance the Sheriffs perquisists which our Fore-fathers were ignorant of viz. The Sheriffs to ride to an Assembly of People whom they or their Confederates against all Law had forceably kept out of their House and Freehold and because upon Proclamation by them made for which they have no Ground or Authority by the Law the people presently departing not from their own Ground and before the Door of their own House they shall be committed to Goal as Rioters condemned as such and the Sheriffs shall have 400. or 500 l. for their dayes work out of these Innocent persons Fines This new construction of Religious Assemblies seems the more strange by reason there cannot be one President produced to back this upstart Opinion that Religious Meetings deserve of late years that ignominious term of Riots or Routs So that this seemly piece of Law or Wit must be owned to have had its Rice Spring and Original from the prerogative brain of S. S. Mayor of London and confirmed by the City Recorder who doubtless will not be the last that may repent of his dayes work The next whom the Court called to their Tryal was Ezekiel Archer and Margery Fann who being indicted for Rioters the Sessions before and the Evidence being deficient the Court coveting to come off with credit in all such Indictments as were of the new stamp ordered an Indictment for Fellony to be read against them which they had forged and framed for that purpose and piece of Iniquity which well deserves the search and condign Punishment for the Contrivers so these two were found Not guilty The same day this Bench called T. Rudyard into Court when the Clark had read over the first Indictment which the Mayor the former Sessions declared was not drawn up according to Instructions and Evidence and also the second which the Mayor said he would stand by and prosecute The Informers Witnesses were sworn viz. N. Grove and I. Tillot Grove being first to give in his Testimony declared That there was an Indictment drawn against S. Allingbridge for saying The first man that disturbed Mr. Vincent should never go out of the House alive and that he saw T. R. take it out of Mr. Lees hand and told him that it was lost and T. R. would go with him to Mr. Tanner and drink a pint of Wine with him and draw up a slight Bill that might not be found So said the Mayor here 's both the Indictment proved already which Evidence Grove delivered as being one entire Action and Discourse and being asked what time this Discourse was whether when T. R. took the Bill he answered He did not well know and T. R. asking him some further Questions the Mayor interrupted him saying He was not to examine the Kings Witnesses I. Tillot was next called who swore that T. R. acknowledged to him that he had the Indictment T. R. acquainted the Court that he owned that he was at the Sessions at Guildhall where S. Allingbridge attending requested him to enquire and know from the Clark whether his Adversaries had drawn any Bill of Indictment against him and what the Indictment might be Thereupon T. R. enquired of the Clark whether he had drawn such a Bill Jo. Forman an Officer standing by him with several Bills in his hand gave this Bill into T. R's hand to read which when he had done in open Court returned the Bill to Forman and immediatly went out of Court ordering S. A. to send for his Witness to try the Indictment in case the grand inquest should find it Billavera The Evidence as it was much contrary to Truth so it was as far short of proving the Indictments as by the ensuing Exceptions may appear But what was deficient in that respect the Recorder made up in his charge to the Jury Exceptions to the Indictment First It appears not by the Indictment that the Bill of Indictment against S. Allenbridg was Conusable to the Court it being against the Justices Oath to take notice of it before the Grand Inquest had found it Secondly It appears not that the words charged against

failes to render a Reason of its own Actions a Jury is therefore summoned of the Vicinage because it s alwayes presumed that the Neighbourhood are best acquained with the persons inhabiting or the Actions and Facts done or acted within their own Limits and Jurisdiction And that they themselves may know something of the matter in controversie being de Vicineto of the Vicinage where such matter was in action Therefore the Jury must be returned de vicineto of the place where the Fact was done and of men per quos rei veritas melius scire poterit by whom the truth of the matter may be better known so the Jury having some self-knowledge of the matters afore-hand besides hearing the Evidence may the better pronounce veritatis dictum or a just Verdict of the Fact Cit. But Wherein do you conceive a Jury-man may have self-knowledge of matter that may not as fully be evidenced by Witness Stud. It s probable First That they may know the Witness on the one side or the other to be persons of no Credit or Secondly They may know the Party accused to be a man otherwise qualified or principl'd then to do such an act or thing that is charged against him as for instance They may know a man to be 1. A Quiet Peaceable Quaker therefore no Fighter or Rioter or Routous Person 2. A Protestant of the Episcopal Church of England therefore no House-Preacher 3. An honest sober man amongst his Neighbours therefore probably no Thief or Robber And many other Instances might be offered to this purpose Cit. To fine a iury then for things which probably they may know of their own knowledge to be true or false seems very hard and surely our Jurors of London have met with hard usage to be fined and imprisoned for doing their duty in what the Laws of this Land have made them sole and proper Judges Stud. Their hard usage and severity to the Jurors is not so much as the ill-consequence that such practices will be to every English-man and their Posterity if not timely Remedied Cit. Truly the Citizens of London in general have much dreaded the late procedure at the Old-Baily and fear its a Fore-runner of much Mischief that may be acted in the Country who generally take London for a President in their Courts of Justice But pray what 's your Thoughts about these things Stud. The consequence of such Practices the Parliament have very well set forth in Chief Justice Keeling's Case 11 Dec. 1667. when they Voted That fining Juries were not only Innovations in the Tryals of men for their Lives and Liberties but that it was of Dangerous Consequence to the Lives and Liberties of the People of England and tended to the introducing of an Arbitrary Government And their reason was very good for the King sits not in Judgment upon his Subjects but by his Justices in his Courts and if the Iustices who are commanded to be guided by the Law shall contrary unto the Law fine and imprison Iuries for giving Verdicts in such matters which the Laws allow and appoint them to be proper Judges of Where then is the English-man tryed by his Peers and by the Law of the Land To deny us this free Tryal is to Rifle us of our Birth-right and most Arbitrarily and Tyrannically to deny us Equal Law Iustice and Right Cit. Surely when the Parliament meets again they will call these illegal Proceedings of that Bench to Question before them as well as they did Keeling ' s Stud. It as much concerns them in behalf of themselves and Posterity as any of us to curb these subordinate Iudges who have broken both their Oaths and the Law to run into those Arbitrary and Illegal Practices the consequence of which if suffered in a short time will be Sic volo sic jubeo stat pro ratione voluntas And it will necessarily follow That 1st Every Iustice of Peace Mayor Bailiffs of Corporations Stewards of Letts c. what ever matters are tried before them shall have Verdicts to their minds or Fine and Imprison the Iurors till they have so that such must be either pleased humored or gratified else no Iustice or Right to be had before them in their Courts 2d A further ill-consequence will be That although a person may challenge a Iury-man or Shereffs if they be of Kin to this Adversary yet he cannot challenge a Iustice Mayor c. who will have a Verdict for their Kinsman or Fine and Imprison them till they have so that by this means our Lives Liberties and Properties shall be solely tryed and wholly at the Will and in the power of every mercenary or corrupted Iustice Mayor Recorder Bailiff c. Cit. But has it been practicable in former times to fine and imprison Juries for finding contrary to Evidence as the Recorder pretends our Jurors have done Stud. No surely we find not one President in all our Books till Keeling's and he scaping that condign Punishment which the Parliament promised him your Recorder and Mayor has trod his Steps And pray see how such Iudgments on Iurors leave them remediless of relief which is sufficient ground to conclude such practices to be against the Law First It can never be tryed whether they found with or against their Evidence by reason no Writ of Error lies in the Case Secondly They are in worse condition then the Criminals that are tryed by them for in all civil Actions Informations Indictments Appeals and Writs of Error do lie into superior Courts to try their regular proceedings of the Inferior but here can be none Thirdly In the way of an Attaint the Truth or Falshood of a Iurors Verdict in matters of Fact may be tryed by another Iury but in this case the Iurors are concluded by reason that whether they have found with or against their Evidence can never be tryed Litt. Sect. 108. And further Reason which is Law tells us That as the Kings Iustices of the Law have given out that they ought not to have any Action brought against them if they shall in any thing err or mistake the Law So much the more twelve Jurors who are Judges of all matters in issue before them agreeing together in one ought not to be fined where they find a Verdict according to their Consciences albeit the Evidence may seem strong and clear to another person to the contrary of which the Jury have found For they may being de Vicineto where the Fact was done know something of their own knowledge of the matter of Fact before them which the Judge or Standers by are probably Strangers unto and ignorant of it Therefore the Knowledge of twelve men agreeing together ought to be preferred before the single Apprehension of any one Person whatsoever All which does manifest not only the Illegal and Arbitrary Proceedings of your Mayor and Recorder against those twelve men but the Ill and Dangerous Consequence of such Practices to all

him it is a Trespass and the Goaler shall be answerable for it So that we may undeniably conclude That there is no Fee at all due to any Goaler or Guardian of a Prison from the Prisoner but what is due unto him by special Act of Parliament And if a Goaler or Guardian of a Prisoner shall take any thing as a Fee of his Prisoner he may and ought to be Indicted of Extortion and upon conviction to be removed from his Office and if his Prisoner by Constraint Menace or Dures be enforced to give him Money he may recover that Money against the Goaler again in an Action of the Case at Common Law Item The King Considering the great Perjury Extortion and Oppression which be and have been in this Realm by his Sheriffs Under-Sheriffs and their Clarks Bailiffs and Keepers of Prisons c. hath ordained by Authority aforesaid in eschewing all such Extortion Perjury and Oppression that no Sheriff shall let to Farm in any manner his County nor any of his Bailiwicks Nor that any of the said Officers and Ministers by occasion or under colour of their Office shall take any other thing by them nor by any other Person to their use profit or avail if any person by them or any of them to be arrested or attatched for the omitting of any Arrest or attachment to be made by their Body or of any person by them or any of them by force or colour of their Office arrested or attatched for Fine Fee Suit of Prison Mainprise letting to Bail or snewing any Ease or favour to any such person so arrested or to be attatched for their Reward or Profit but such as follow that is to say For the Sheriff 20 d. The Bailiff which maketh the Arrest or Attachment 4 d. And the Goaler of the Prison if he be committed to ward 4 d. And that all Sheriffs Bailiffs Goalers or any other Officer or Ministers which do contrary to this Ordinance in any point of the same shall lose to the party in this behalf indammaged or grieved his trebble Dammages and shall forfeit the sum of 40 l. for every such Offence the one moiety to the King the other to the Prosecutor to be Recovered at Common Law in either of the Courts of Kings-Bench or Common-Pleas at Westminster This is a perfect Account of the Goalers Fees in all Cases where persons are laid in Prison upon Civil Matters and Causes which Fee of 4 d. is more then any other Statute or Law allows them to take from their Prisoners But in such Cases where the King is party it s stablished That the Prisoners in all the Kings Prisons should be maintained at the Kings Charge and out of the Kings Revenues according to the old Law of the Land much less to have Money extorted from him by the Goaler But look into the Prisons in and about the City of London what horrible Oppressions Extortions and Cruelties are Exercised upon the Free-born People of England yea in most Prisons throughout this Kingdom Which excessive Amercements and Fines after all their other Partial Dealings Lawless Proceedings and Arbitrary Carriages towards the Prisoners from first to last do manifest and evidence to the World their Malice and Envy against an Innocent Upright Quiet and Peaceable People What proportion is there here betwixt the pretended Fault and the assessed Fine provides not the fourteenth Chapter of the Great Charter against such uniust Judgments and partial Censures which declares A Freeman shall not be Amerced for a small Fault but after the quantity of the Fault for a great Fault after the manner thereof and the Amercement shall be assessed by the Oath of Honests Men of the Vicinage H●●e's Justice and Equity Righteousness in Judgment which affords every man Common Right declares That all Offenders ought to be Amerced by their Neighbourhood according to the quantity of the Trespass Wherein have these Judges who are commanded by the Statute of 25 E. 1. Confirmed by Pet. Right 3 Car. 1. allowed the Charter before them in Judgment in all its Points c. It may truly be said that our ancient just and fundamental Laws which Cook on the 14th chapter of Magna Charta calls a Law of Mercy are as the same Author there writes now turned into a Shaddow for by the Wisdom of the Law these Amercements were instituted to deter both Demandants and Plaintiffs from unjust Suits and Tenants and Defendants from unjust Defences which was the Cause in ancient time of fewer suits but now we have but a Shaddow of them Habemus quidem senatus consultum sed in tabulis reconditum tanquam gladium invagina repositum Yea our antient Charters are as a Sword in its Sheath which if drawn are and will be sufficient to defend us against all Injustice Tyranny or Oppression whatsoever But it s often objected by many of their Aversaries That the Publick Meeting Houses wherein the People called Quakers are and have been of late accustomed to meet in and assemble themselves together and out of which the Military Forces do from time to time hale and expel them and by force keep and restrain them from entrance are by Orders of the King and Council invested and stablished in the now King and that he has right to dispose of them as his own Inheritance yea to pull them down sell and burn the material of them as his inferiour Officers have lately dove by some about London and thereupon such who come there to assemble together are Trespasser● Rioters Routers and unlawfull Assemblies and as such are rig●●ly and duely punished according to the Laws To which is answered That by the Ancient and Fundamental Laws which have been already recited as the 29th of Magna Charta There is no mans Right Property or Free-hold shall be taken away from him but by trial of a Jury and the Law of the Land Read Stat. 2 E. 3. 8. 5 E. 3 9. 14 E. 3. 14. 28 E. 3. 3. Regist sol 186. Cook pla sol 4. 56. Cook 2 Inst 45. 3 Inst 136. And set a Statute of latter date 17 Car. 1. cap. 10. Entituled An Act for Regulating the Privy-Council c. which speaks in this wise Be it likewise declared and enacted by the Authority of this present Parliament That neither his Majesty nor his Privy Councel have or ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examined or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subjects of this Kingdom but that the same ought to be tried and determined in the Courts of Justice and by the ordinary course of Law Also Learned Cook in his 2 Inst sol 36. saith The Common Law of which the great Charter is Declaratory hath so admeasured the preragative of a King as he cannot take or prejudice

the Inherirauce of any So that by the Law of the Land these pretended Offenders are still rightfully possessed of their own Houses and Places of publique Assemblies and their cruel Adversaries have no more Property Right Interest or due Claim therein or thereto then a Pirate has to the peaceable Merchant-mans Ship a Robber has to the innocent Travellers Purse or the Wolf to the Blood of the harmless Lamb And in case such Laws as these will not preserve that interest which those people have to their Inheritances and Properties we can none of us expect to have our Rights or Liberties Wives or Children yea or our lives secured unto us longer then pleaseth or liketh the Will and Pleasure of cruel and ravenous Adversaries It s worthy taking notice of that after the Jury had on so slight ground brought in T. R. amongst others guilty in manner and form how palpably the Court manifested their envy and malice in the Fines imposed upon him And though as is declared by the Statut● of 20 E. 3. cap. 1. That Justices shall do even Right to all people without shewing favour more to one then to another According to that just Law Lev. 19. 15. Ye shall do no Unrighteousness in Judgment thou shalt not respect the person of the Poor nor honour the person of the Mighty but in Righteousness shalt thou judge thy Neighbour Yet for a piece of written Parchment the value whereof was not 1 d. a thing whereof a Court of Justice could not take recognizance according to the Just Laws of this Land or dammages in case it had been taken away or profit to any man that could have it not appearing to be any neither indeed could there be to any person living No course of Law obstructed admitting all to be true of that Fact which the Mayor gave in or his Witnesses swore falsly to the Jury the cause of Justice against an Offendor not a moment prevented these painted Sepulchres or partial Inquisitors finded or censured him an hundred pounds although they had before convicted S. Allenbridge and finded him but five Mark for being principal yet too much for such an offence and T. Rudyard being as an accessary must be a hundred pounds whether this be just equal let the World be judge and to proceed from a person I mean the Recorder who has had for many years the Reputation of honesty and justice which its feared he carried about with him only as that aspiring Clergy-man did his Fishing Net which he caused to be laid aside so soon as he had procured a Cardinals Cap saying The Fish is caught And truly so may the City of London say of its Recorder who has not since he came to be Recorder manifest that candid and equal justice towards this City or Citizens in their publick concerns as was expected yea little but what first passes the stamp of our Sword Aldermen and Classis of the City Lievtenancy and since he by experience has found that sowing and dedicating his Law and Endeavours to their Designs is that which procures him the best and most fruitful Harvest he ever has been sedulous to plead and studdy that causr whose Actions may be the more clearer manifested to this City and Nation if weighed in the Ballance of Justice and Righ-teousness As Gods indignation rested on the Children of Israel till one Achans Thieft was discovered and punished so this City suffers sore Judgments till it has puged it self of these many Achan's that lodge in her Bosom not only Robbing her Inhabitans of Rights their Liberties and Properties but also her Chamber of her Treasure the poor Orphants Security Our Predecessors out of their prudence and care that equal Justice and Right should be done to all men by a Statute in the 18 E. 3. 3. appoint Judges an Oath wherein is this Charge And that you take not by your self or any other privily nor apertly gift nor reward of Gold nor Silver nor of any other thing that may turn to your profit unless it be Meat or Drink and of small value of any man that shall have any Plea or Process hanging before you as long as the Process shall be so hanging nor after the same Cause If the City Recorder hath forgotten this Oath his Crimes not the less in breaking it the Justice of it remains and all persons in Judicature are to do Justice to all and sell or deny it none and Bribery is such a Crime that its punishable where ever it s found and its hoped Justice may reach this Recorder if it appear that his Fingers have touched this forbidden Babulonish Garment But in order to Discourse of this so foul a Crime First See the Mark which such an Action leaves behind it Fortescue cap. 51 Bribery saith he is a great Misprission when any man in Judicial place takes any Fee or Pension Role or Livery Gift Reward or Brocage of any Person that hath to do before him any way for doing his Office or by Colour of his Office but of the King only unless it be of Meat and Drink and that of small value upon divers and grievous Punishments Saith Cook This Word Bribery cometh of the French word Briber which signifieth to Devour or Eat greedily applyed to the devouring of a Corrupt Judge of whom the Psalmist speaking in the Person of God saith Qui devorat plebem meam sicut escam panis Qui cognoscit faciem in judicia non bene facit iste pro buecella panis deserit veritatem In the 23th year of E. 3. Sr. William Thorpe chief Justice of the Kings Bench for taking of four Persons 50 l. against his Oath was tryed and judged upon his acknowledging the Fact to be Hanged c. Cook further sets forth That this Offence of Bribery may be committed by any that hath any Juditial Place or Ministerial Office either Ecclesiastical or Temporal Non accipies personam nec munera and the reason is exprest by the holy Ghost quia munera excaecant occulos sapientium et mutant verba justorum If Bribery hath so great force as to blind the Eyes of the wise Judg and to change the words of the Just Beatus ille qui excuit manus suas ab omni nerae Judex debet habere duos Sales salem sapientiae ne sit insipidus et salem conscientiae ne sit diabolus Though the Bribe be small yet the Fault is great and this appeareth by a Record in the reign of E. 3. Quia diversi justiciarij ad audiendum terminandum assignat ceperant de Johan is Berners qui indictatus fuit 4 l. pro favore habendo die deliberationes suae finem fecerant domino regi per IV. M. Marcas So as they paid for every pound a Thousand Marks See before Sr. Wil. Thorps Case Rot. Par. 7. R. 2. The Chancellor was accused of a Bribe of ten Pounds and his man four Pounds and certain Fish