[Page 6] 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 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.
And in another place.
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 [Page 7] 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, Trinit. 22. C. 2. 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, [Page 8] 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 1 Hen. 7. Fol. 27. proofs urged on one side in absence of the party accused; For how (saith he) can they be indifferent who have [Page 9] 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 its 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 [...] [Page 10] 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 [Page 11] 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 [Page 12] 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 (who were every First-day, ordered by the Lievtenancy, to guard as wel the publick Meeting-House in Gratious-Street, as their Mercenary Priests, whom the Bishops sent thither, to read their Church-Homilies and Prayers) apprehended and took into custody, William Bayly, whom they carryed before the Mayor, and upon Information of the Priest (which on that day was to have officiated in that place, had he had courage to have performed what he had undertook) the Mayor committed W. B. to New-Gate, for opposing the Priest in officiating his Function, as was alledged in his Mittimus, when as the said W. B. had not at any time either seen or spoke with the said Priest.
Not long after, John Boulton, an antient Citizen of London, of seventy Years of Age, and very well known to be a quiet [Page 13] and peaceable person, was sent by the Mayor to New-Gate, as a Riotous person. And soon after him, William Penn and William Mead, all which were taken up by armed Forces, from their Publique and Peaceable Assemblies, and committed to the Prison of New-Gate.
The last of the 6th Moneth, the Sessions of Oyer and Terminer beginning at the Old-Baily, not only such, who the former Sessions had been Indicted, but those newly committed, attended the Court, where constantly waiting three dayes in expectation of being called to their Tryals, and according to the Laws of this Land to be Condemned or Acquitted, were never once called until the 3d of the 7th Moneth, at which time the Bench of Justices consisted of Samuel Starling Mayor, John Robinson, Rich. Ford, Joseph Sheldon, Geo. Waterman, Wil. Peak, Tho. Bloodworth, Aldermen of London; John Howel the City Recorder, together with Richard Brown, who pretending himself to be something learned in the Law, came there to second the Recorder, and with much confidence took upon him to examine persons according to his Will and Pleasure, as if he had been a Justice in Commission for London. John Smith and James Edwards were Sheriffs. O yes being made, and Silence commanded, William Penn, William Mead, John Boulton, William Bayly, Francis Moor, Richard Mew, Richard Mayfeild, Richard Knowlman, Gilbert Hutton, Richard Thornton, Charles Banister, Job Boulton, Ezekiel Archer, and Thomas Rudyard, were all called into the Court, and not giving that Cap Reverence, and Hat Honour, to the Place, which the Hammon-like-spirited there upon the Bench expected, and looked for, the Mayor with great indignation, openly amongst his Brethren, first exprest himself against them, (calling out to the Officers who attended the Court) saying, POX ON THEM, KNOCK THEM ALL DOWN.
Surely such Language as this was very ill becoming that Court of Justice, and especially to proceed from the chief Magistrate of this imperial City; its said, He bears the Sword in vain, thats not a Terror to Evil-Doers, and a Praise to them that do well: If in this the Mayor of London has manifested his Christian Behaviour, let him have the Praise thereof. A time has been when such an Expression for its Prophanness should have merited [Page 14] a pair of Stoks, or a Whip; and for its Rashness and Violence to be bound to the Good-behaviour.
But the misery of our Age is such, That Judgment is turned back, and Justice standeth a far of: And he alone who turneth himself from evil maketh himself a Prey.
But the under Marshals and Goalers manifesting more of humanity, then to obey the inhumane and unchristian command of the Mayor, exercised no other violence upon the Prisoners then pulling off their Hats, for which the Recorder rebuked them, and bid the Officers put on the Prisoners Hats upon their Heads again, which was no sooner done, in obedience of the Courts command; but presently the Clark of the Peace requires every of the Prisoners, in obedience and reverence to the Court to pull off their own Hats, the Prisoners not complying with these whimsical humors, ridiculous precepts, and antick acts of Justice, the Recorder gives order to the Officers a second time to pull off all their Hats, and set Fines upon their Heads, some twenty Marks, some twenty Nobles, using variety of airy expressions against, and taunting those Prisoners, whom he so illegally fined.
Which piece of ridiculous Pageantry being over, O yes being made, and Silence commanded, (as truly there was need of it) the Cryer called over the Jury, who when they had answered to their names, and taken their places, were commanded to look upon the Prisoners at the Bar, the Prisoners were also required to look upon the Jurors, and make their challenge before they were sworn; the names of the Jury men were, Thomas Veer, Ed. Bushel, John Hammond, Henry Henley, Henry Michel, Charles Milson, Gregory Walklet, John Brightman, Wil. Plumsted, James Damask, William Lever, John Baily. Who all took an Oath, Well and truly to try and true deliverance make betwixt the King and the Prisoners at the Bar, according to their Evidence, and so that God should them help: The Prisoners without objecting against any one man of the whole Pannel, accepted freely of them, though they had Liberty by the Law, to have made their challenge against whom they pleased. So now their Country being thus solemnly sworn to try, and deliver, &c. they were the true and proper. Judges, to acquit or condemn, to deliver, or judge guilty, the persons that were given them in charge
[Page 15] In this of the Jury its acknowledged, the Prisoners had right and Justice done them, and the Court acted under their Commission, according to that Clause, Facturi quod ad Justitiam pertinet secundum Legem & Consuetudinem Co. 2 Inst. Fol. 51. Angliae: To do Justice according to the Law and Custom of England, contained in the Charter of the English-mans Liberties, which declares, Quod Dominus Rex non capit imprisonabit, nec super eum ibit, nec mittit nisi per legale judicium parium suorum: That the King shall not take, imprison, or pass upon any Free-man without tryal by his Equals.
And these are called the Good and Lawful men of Mag. Char. chap. 14. the Vicinage, whom the Prisoners had freely accepted and given up themselves and causes unto, as to their Judges, to be by them condemned or acquitted, as in their Consciences they should judge Equal, Just, and Righteous, according to the stablished and fundamental Laws of England. The Court proceeded to try Wil. Penn and Wil. Mead, the manner whereof is more largely set forth in a Book called, The Peoples Antient and Just Liberties Asserted in the Tryal of W. P. and W. M. at the Sessions held at the Old-Bailey in London, the 1st, 3d, 4th, and 5th of the 7th Moneth, 70. against the most Arbitrary Proceedure of that Court.
Which was but an Introduction to their after Illegal and Tyrannical proceedings against the other Prisoners; for when the Court sound that all their severe Menaces, scurrilous Invectives, and hard Usage towards the Iury could no wise availe, to make them alter that Verdict, which according to their Oaths, they brought in for W. P. and W. M. they presently consult how they might separate this Iury and the rest of the Prisoners, whom they had sworn to try and deliver, according to Evidence: Thereupon most Arbitrarily and Illegally against our Fundamental Laws, Magna Charta, the great Preservers of our Lives, Freedom, and Property: This Court imposed Fines of forty Marks a piece upon every of the Iury men, and committed them to the Goal of New-Gace, until they should pay the same: ‘Which Proceedings are Innovations in the tryal of men for their Lives and Liberties; and the usage of such arbitrary and illegal Power is of dangerous consequence to the Lives and Liberties [Page 16] of the people of England, and Vide p. 60. of the Peoples Antient and Just Liberties asserted. Printed An. 1670. tends to the introducing of an Arbitrary Government;’as was resolved by the high Court of Parliament of England, Decemb. 11. 1667. in the Case of Iustice Keeling.
All Ages have had a venerable esteem of Juries; and Observe, this Trial of twelve good Fol 155. for the Fact, per duodecim liberos & legales homines, by and lawful men, is very ancient saith Cook 1 Inst, (saith he) hear what the Law was before the Conquest, In singulis centuriis commitia Sancto, atque libere conditionis viri duodeni aetate superiores una cum praeposito Lambert verb. Centura. sacra tenentes Juranto, &c. Twelve just and honest grave men were to be in every hundred, to judge their Neighbours. And thereupon in affirmance of this upright Way of Trials by twelve men were the Charter of our Liberties made, and from time to time confirmed; and how this Trial excels others, Artic. super. Cart. cap. 9. and wherefore other Countries have them not, see Fortescue, cap. 25. and 29. And as one observes our English Laws have taken so great care to find out 29 Assize, pre. 27. the true matter of Fact, in issue, That every one of the Jurors agree together in the matter in issue before they give their Verdict, which is the Foundation on which the Judgment of the Court is grounded; for Ex facto jus oritur, as saith Cook 2. Inst. 49.
And in the 29th Chapter of our great Charter, its said, No man shall be taken, imprisoned, &c. but per legale Juditium—by lawfull Judgment of his equals; shewing that anciently the Jurors were sole Judges, to pronounce and give judgment against their Neighbours, and such whom they had in charge, according unto that Myrror of Justice, written by Andrew Horn in the time of Edw. 1. chap. 1. Sect. 3. ‘It was assented unto that free Tenants should meet together in the Counties, Hundreds, and the Lords Courts, if they were not especially exempted, to do such Suits, and there judge their Neighbours: ’Hence we may observe, and impartially conclude.
1. That a Jury of twelve men are (and anciently were) the proper Judges of their Neighbours Actions, Mis-deeds, or Mis-carriages; which is founded on Reason & equity, because the [Page 17] Neighbourhood is best acquainted with, and has the most certain knowledge both of the Persons and Actions there done and Acted.
2. The Law requiring, that twelve good and honest men should agree as one, before they determine their Neighbour to be guilty, or not guilty of the Fact or Matter charged against him, shew us, not onely that the Fundamental Laws of this Land have appointed its Inhabitants, mercifull Judges, but also such who should be the proper sole and ultimate Judges (in the matters charged against any man) to acquit or condemn according to the Laws, as in their Consciences they should find Equitable, Just, and Righteous.
3. The high Esteem our Ancestors have ever had of these twelve Righteous Judges in former Ages, bespeaks the little regard and honour that the Recorder of London, the Mayor and his Brethren, have shewed to their Predecessors and Antiquity; as also their low Esteem of the English-mans Liberties, which in all Ages and Generations have been mostly preserved and secured by weighing mens Actions in the equal Ballance of their Good and Honest Neighbours Judgments.
4. We may observe how little regard this Court has had of the performance of such Oathes, which they impose upon men at pleasure; for, notwithstanding they had sworn twelve good and lawful men of the City of London, Well and truly to try, and true deliverance make, between the King and the Prisoners at the Bar: Yet they refuse and deny these Jurors to perform that Oath, which they had so solemnly taken; manifesting to the World that the Bench assumes a Power and Jurisdiction equal with the Church of Rome, to enforce and absolve from Oaths and Covenants at their Wills and Pleasures.
5. Its most apparent how little this Court minded 20 Edw. 3. chap. 1. or regarded their own Duty, Oaths, & Commission, to do Equal Law and Execution of Right, without respect to persons, according to the Laws of this Land: For when the Prisoners had given their consent to be tryed, and the Jury had sworn to try; without, and against the consent of both, or either of them (or any Act done whereby Common Right should be denied the Prisoners) or Justice to the Jurors) to seperate [Page 18] them each from other, is such a piece of Tortious Justice, which there is no Law or Custom of England can or will justifie or maintain.
6. We cannot but own and acknowledge the Parliament of the Commons of England, their industrious care and prudence to preserve our Lives and Liberties from the violence of Usurpation, and practice of Arbitrary and Illegal Powers over Juries, who are sworn to try and deliver their Neighbours, according to Evidence of Fact committed. And since once in their prudence they thought meet, just, and righteous, to check the Author of such Arbitrary Innovations, as fining of Jurors for their Verdicts, we hope they will take occasion at this time to manifest their care and tenderness of the People of England (whose Representatives they are) in bringing these latter Malefactors to condign punishment, that for the future Justice may run down its proper Channels, & be faithfully executed and equally dispenced according to our Antient and Fundamental Laws, and the Laudable Customs of this our Land.
Whilst the Recorder thus treated this Jury of the Citizens of London, the Sheriffs had summoned a new Pannel, to appear at Justice Hall the 5th of the 7th Moneth; the Prisoners, on whom the former Jury had sworn to pass their Verdicts upon, viz. John Boulton, William Bayly, Fra, Moor, Tho. Rudyard, &c. were called again into Court, in the afternoon, and each of them fined as formerly, twenty Nobles a piece for their Hats. A President or Foundation for such Judgments, Fines, and Amercements, we challenge the Cities Recorder, and the conceitedly learned Mayor, to shew or make out to the World by the Laws of England.
So soon as the Recorder had finished or passed these new sort of Judgments, or rather Inquisitory Censures upon or against the Prisoners: He purused the Pannel of the last summoned Jury, and gave directions to the Clark to call them over, who as it was observed, pickt here and there such persons that were judged the most likely to answer the malicious Ends and horrid Designs of that Bench, calling not the Iury-men in order and direct [...] as is usual in all Courts of Justice, where Right is impa [...]lly administred; and withal, bidding the Prisoners to look upon [Page 18] 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 Mag. Cha. chap. 29. 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 Cook 2 Inst. 48. 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 [Page 20] 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 Cook 2 Inst. 56. 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, [Page 21] 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 overruling 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 overrul'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 its as true that by the Recorder [Page 22] 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. [Page 23] 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 [Page 24] 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 [Page 25] 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 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 Lamb. intr. Legib. In. cha. 13, 14, 15. vide Abu. chap. 26. 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 [Page 26] 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 [Page 27] 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 Allenbridg were punishable by Law; for the House mentioned in the Indictment might be Vincent's dwelling House, so Burglary to break into it without lawfull Warrant.
Then, as to the Evidence to the first Indictment, 1. No proof that Grove ever read the Indictment (which indeed he could not) against S. A. so he swore peremtorily upon the Clarks information, which was a false Oath.
2. That T. R. took the Bill out of Lee's hand, could not be, for the Officer keeps the Bills of Indictments, when the Witnesses are sworn, and not the Clark of the Peace.
3. Improbable that Grove should know that Bill amongst so many more; but impossible that he should see the Bill taken away (knowing it) and not mention one word of it all that day, no not when the Bill was pretended to be wanting.
4. Not sworn he took it out of Court.
5. Not sworn that Justice, or that any course of Law was hindred against S. A.
6. As to the acknowledging the Indictment to Tillot, it was not three hours before the Trial; who asking T. R. whether he ever read the Indictment; T. R. answered, he did, and left it in Forman's hand, why thats enough said Tillot, the Mayor sent for me to swear it, which I could not do before.
7. If T. R. had taken the Bill, it could not benefit S. A. or hinder the Prosecutor.
8. That T. R. should hazard his reputation in a thing of no value, wherein he could neither advantage his Friend, nor prejudice his Enemy, could not stop the proceedings half an hour, yea in a quarter another might have been written and preferred, is very improbable.
[Page 29] 9. Its most apparent, that if Grove did not perjure himself, in swearing such a Bill was drawn against S. A. (he having neither read it, or had copy of it) he or the Mayor, or some of the Confederates must themselves have concealed the Bill, and kept it in their own custody, else N. Grove could not swear to it, one of which must necessarily be.
As to the 2d Indictment, the words there pretended to be spoken, 1. If true, were not advising Grove to do an Action, but telling him that we would go &c. so nothing being done in prosecution of the words it was only discourse.
2. Not sworn that the advise was taken.
3. Improbable that T. R. should thus discourse to a Stranger, whom before he had never seen.
4. That he should undertake to go to Tanner, that was as much a Stranger to him.
5. T. R. never came afterward to Grove, nor spoke with Tanner; but S. Allingbridge was tryed and convicted the very same Week, in an Adjournment of the same Sessions.
Now whether there was either sufficient Cause for an Indictment. or apparent Proofs to Evidence the Truth of these upon which T. R. was tryed, or whether all these pretented Crimes and Misdemeanours, were not the product of the Mayors malicious, envious, and inveterate spirit, causlesly carryed on against him (who not only appears to be the first Informer, but the Maintainer and Prosecutor of the Quarrel, as also Evidence and Judge upon) let every unprejudiced person (seriously considering) give his Judgment.
The Jury was commanded to withdraw, which for the formalities sake they did, and not longer staying then about a quarter of an hour, returned again, and brought in the nine persons that were tryed, guilty in manner and form as they stood indicted, which some of these Jurors had over their Cups sworn they would do, if ever they come to try the Quakers.
John Boulten and William Bayly were the last called to their Trial, who were indicted several, For that they such a day, and year, and place, with Force and Arms &c. with Two hundred more Persons, were assembled together, to disturb the Kings Peace; and being so assembled, [Page 30] they unlawfully took upon themselves to Preach and Teach to the People; then and there assembled and congregated, by reason whereof a great concourse of People did remain together, in contempt of the King and his Laws, to the disturbance of his Peace, to the terror and disturbance of his Subjects, unto the evil example of others, and against the Kings Crown and Dignity &c.
Not guilty being pleaded, the Informers Evidence being produced, swore, That they saw or heard them speak or preach to the People, which was sufficient for the Court to make out the whole Indictments; for the Recorder said, the Jury were only Judges of matter of Fact; so that if the Jury have Evidence they Spoke or Preached, the Court sayes that must be with Force and Arms, unlawfully and tumulruously, to disturb the Kings Peace, and that Tumults of People were occasioned thereby, and continued together, in contempt of the King and his Laws, to the disturbance of his Peace, terror of his People, evil Example of others, and against the Kings Crown and Dignity: A ready way to perjure Jurors, and oppress the Innocent.
These are the Concomitants of Speaking in the Name of the Living God, and worshipping him in the Wayes of his own appointments: And although the Prisoners desired to see the Law that their Adversaries pretend they have broken, they shall have neither that, nor reason produced that might give satisfaction either to the Prisoners or Spectators; the Lord Cook gave this as a Rule, viz. Incivile est, parte una perspecta tota re non cognita de ca Judicare; That it was uncivil, seeing only one part, to give Judgment on the whole matter. Yet how little regarded these Jury men, or the Court, to know the whole matter before they gave Judgment upon the whole Charge. Surely this Jury was packed to be cut-throats to their own Liberties, and Reputations also, or else they would have better regarded what they undertook; to find guilty every one in manner and sorm, and yet not the tenth part of any Indictment proved; to be sworn truely to try, according to Evidence, and yet to find that for which no Evidence was given. Is it possible that they should commit this horrid perjury out of a slavish fear, debaucht principle, and horrid partiallity, and yet be quiet from the terrors of Conscience; [Page 31] nay, for which we are sure they cannot free themselves without serious repentance.
At the close of the Sessions all the Prisoners (who had been found guilty by this Jury of the Benches) were called down to the Sessions-House, where all day they expected to be called into Court to receive Judgment, being prepared also to give in their Exceptions in Arrest of Judgment, purposed to be delivered to the Recorder in writing; but of this expected Defence they were all prevented, the Bench giving their Judgments or Censures without calling any of the Prisoners to hear them; the Tenor of which, as appears by the Newgate Book, are in this manner, John Bonlton fined forty Mark, William Bayly fined thirty one pound thirteen shillings four pence, William Penn forty Mark, Francis Moor fined twenty Mark, Richard Mew, Richard Mayfeild, Rich. Knowlman, Gilbert Hutton, Ric. Thornton, Charles Banister, Job Boulton, T. Rudyard, every of them fined twenty Mark a piece; Ezekel Archer fined forty Mark; for divers evil Carriages and Contempts in words and deeds by them severally, openly, voluntarily and obstinately committed in and towards the Court. And the Court gave further Judgments or Censures, viz. Francis Moor, R. M. R M. R. K. G. H. R. T. C. B. I. B. Katherine Everett, I. Boulton, and W. Bayly, fined every of them twenty Marks apiece, and T. R. fined a hundred pound, being convict of several Trespasses and Contempts, and to be committed to Prison until every of them pay their several respective Fines.
The Court understanding that their Goal of New-Gate was so full of Prisoners, that there could be no tollerable entertainment for these new Convicts, discoursed with the Keepers where to Imprison them; so the Bench having an account, that out of the Dogg, by New-Gate, that very Sessions there dyed two persons of the Spotted-feaver, or Plague, (one the Master of the House, the other a Prisoner, whom Jo. Robinson Alderman had there sent for refusing to take an Oath, prescribed in the 3d of Ja.) whereupon they were commanded to be Imprisoned there, and a Keeper set upon them to prevent their going abroad upon the most urgent occasion. Where through the Goodness of the Almighty they were preserved in Health, beyond the expectation of their Friends, or hopes of their Enemies, who doubtless out of an [Page 32] evil end and purpose sent them thither, into an infected house.
But that Goalers, of what degree or state soever, may in some measure know the Duties of their respective places, and not through ignorance abuse such who are committed to their Charge, we have thought it meet at this time to instance and give an account what their duty is to their prisoners, according to the Laws of this Land, which all Goalers are oblieged under great Penalties to observe, and the people of this Land to preserve, as their Liberties, least by such neglect, slavery be insensibly drawn upon them.
By the Common Law we find, Quod care ad continendos non ad puniendos haberi debet, as Bracton lib. 3. fol. 105. Goalers are ordained to hold Prisoners, not to punish them. For Imprisonment by the Law, is (neither ought to be) no more then a bare restraint of Liberty, without those illegal and unjust Destructions of close and open Prison (as is usual) See Stamf. ple. Cro. fol. 70.
Therefore Cook in his 3 Inst. 91. saith, That if the Goaler keep the Prisoners more streightly then he ought Britton fol. 18. of right, whereof the Prisoner dieth, this is Fellony in the Goaler by the Common Law. And this is the Cause, That if a Prisoner dye in Prison, the Coroner ought to Flet. lib. 1. chap. 26. sit upon him. See also the said Cook Fol. 34. Cap. Petty Treason; how Prisoners are to be used wherein is also an account of an Indictment of a Goaler for evil usage of his Prisoner, Fol. 35 in Trin. Terme, 7 E. 3. cor. Rege rot. 44.—Praesentat. quod ubi quidam Robertus Bayhens, de Tavesly captus fuit, & in prisona Castri Lincoln detentus per quodam debito Statut. mercatorii in Custodia Tho. Boteler, Constabularii Castri de Lincoln ibid predict. Tho. Boteler posuit ipsum Robertum in profundo Gaole inter Lenones in ubi Prisona, contra formam Statuti &c. et eadem profundo detinuit, quous (que) idem Robertus fecit finem 1 E. 3. cap. 7. cum eo de 40 s. quos ei soluit per Extortionem: That whereas one R. B. of T. was taken and detained in the Prison of Lincoln Castle, for a certain debt of Statute Merchant, in the custody of T. B. Constable of the Castle of L. aforesaid; That the said T. B. put the said R. into the Common-Goal amongst Thieves, in a filthy Prison, contrary to the form of the [Page 33] Stature &c. and there detained him, till he had paid him a Fine of 40 s. Whereupon Cook makes this Observation, So as hereby it appeareth, where the Law requireth that a Prisoner should be kept (Vi salva & ancta custodia) that is, In safe and sure Custody; yet that must be without any pain or torment to the Prisoner.
So Co. 3 Inst. 52. saith. If a Prisoner by the Dures, that is Hardusage of the Goaler, cometh to untimely Death, this is Murder in the Goaler. And in the Law implieth Malice, in respect of the Cruelty.
Horn, in the Mirror of Justice page 288. saith, That it is an Abusion of the Law, that Prisoners are put into Irons, or other pain, before they are attainted.
See also Cook 3 Inst. 34, 35.
And Horn also pag. 34, 36. Rockons the starving Vox plebis par. 1. fol. 55, 56. of Prisoners by Famine, to be among the Crimes of Homicide in a Goaler.
Which also Cook in his 3 Inst. chap. 29. Title of Fellony in Goalers by Dures of Imprisonment &c. by Statute and by the Common Law. Fol. 91.
And next, let us see what the Law saith for the Fees due to Goalers, The Mirror of Justice, p. 288. tells us, That its an abusion of the Law, that Prisoners or others for them, to pay any thing for their Entries into the Goal, or for their Going-out: This is the Common Law, there is no Fee due to them by the Common Law. See what the Statutes say, The Statute of Westm. 1. cha. 26. saith, ‘That no Sheriff, or other Minister of the King, shall take Reward for doing their Offices, but what they take of the King, if they do they shall Suffer double to the party agrieved, and be punished at the will of the King.’ Under this word, Minister of the King, are Included all Escheators, Coroners, Goulers, and the like. See Cook 2 Inst. fol. 209. affirms. And agreeable is Stamf. pl. Coron. 49. Nay by the Statute of 4 E. 3. chap. 10. Goalers are to receive Theeves and Fellons, taking nothing by way of Fees for the receipt of them. So odious is this extortion of Goalers▪ that vety Theeves and Fellons are exempt from payment of Fees.
And we find in our Law-Books, That no Fees are due to any Officer, Goaler, or Minister of Justice, but only those which [Page 34] are given by act of Parliament; for if a Goaler will prescribe for any Fees, the Presciption is void, because against this Act of Parliament, made 3 E. 1. being an Act made within time of memory, and takes away all manner of pretended Fees before; and we are sure none can be raised by colour of prescription since: and therefore we find by the Books of 8 E. 4. fol. 18. That a Marshal or Goaler cannot detain any Prisoner after his discharge from the Court, but only for the Fees of the Court (the Court being not barred by this Statute of Westm 1. aforementioned) and if he do, he may be indicted for Extortion. And agreeable to this is the Book of 21. E. 7. fol. 16. where amongst other things its held for Law, That if a Goaler or Guardian of a Prison, takes his Prisoners proper Garment, Cloak, or Money from 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 Stat. 23 H. 6. chap. 10. and have been in this Realm by his Sheriffs, Under-Sheriffs, and their Clarks, Bailiffs, and Keepers of Prisons &c. hath ordained by Authority Sta. 4 H. 4. 5. aforesaid, in eschewing all such Extortion, Perjury, and Oppression, that no Sheriff Rast. predict. fol. 318. 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 Cco. pred. 365. under colour of their Office, shall take any other thing by them, nor by any other Person 21 H. 7. fol. 16. to their use, profit, or avail; if any person [Page 35] 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, Rast. predict. fol, 371 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 Stat. 21 Ed. O. 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, its 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, [Page 36] 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, Cicero. sed in tabulis reconditum & tanquam gladium invagina repositum: Yea, our antient Charters are as a Sword 2 Inst fol. 28. in its Sheath, which if drawn, are and will be sufficient to defend us against all Injustice, Tyranny, or Oppression whatsoever.
But its 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.
[Page 37] 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.
Its 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 [Page 38] 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 [Page 65] 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 29 c. Magna Charta. that its punishable where ever its 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 3 Inst. 145. 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, Psalm 13. 4. Prov. 28. 21. Coo. 3. Inst. 145. 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 Fol. 147. Fact, to be Hanged &c. Cook further sets forth, [Page 40] 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 Deu. 16. 19. 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 Pas. 17 E. 3. Coram Rege. Rot. 139. Esse. Jo. Bemers Case Rot. Pa. 7 R. 2. num. 12. 13. 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, 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 [Page 41] 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 whats 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 its 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 [Page 42] 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 [Page 43] 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, Its 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 fill their Sheriffs Pockets, with extorted gain, or arbitrarily to punish a most innocent and peaceable people, to gratifie their Lusts and Malice.
And how many flourishing States have been ruined by the Avarices, Cruelty, and Non-observance of the Laws, by the Governours and Magistrates were tedious to insert; only take notice what Cook in his 2 Inst. 388. declares, That three things overthrew the flourishing State of the Roman Empire: Latens odium inve [...]ile consilium, et privatum lucrum: And observes there, That its the greatest injustice, when the Innocent, under colour of Justice, (whereby he ought to be protected) is oppressed.
But good Government, consisting principally in the execution of their just and known Laws procures Love from the Subject; its only their Love which supports a State in adversity: [...] our desire that such as Londons Mayor and Recorder &c. may not by their actions sow a jelousie among the freeborn people of England, that its the intent of our suproam Magistrates to hold up that [Page 44] common Maxime of all oppressing States, That their Interest is to maintain the publique wealthy, and the particular Poor.
Therefore permit not these persons in their Courts to creat the presidents of Oppression to enslave our Posterity in future times; to that end hath this been made publick, that the supream Magistrate and Legislators of this Nation, for the dignity and honour of their Rule and Goverment, and for the safety of the freeborn people of this Land, not only take care to purge the Benches of Justice from that partiallity and corruption, which hath usurped those places of great trust, and punish the Offenders who have been guilty of such enormous Crimes with condign Punishment answerable to their respective Offences and horrid Oppression, but also command the keeping, observing, and executing in all their Courts the known, written, promulged, ancient, and fundamental Laws of this Land; and that they may as they have often avowed, maintain the Liberties of the freeborn people of England, in assuring to them that Salus populi is supremalex. Can it be reasonably thought, that the impunity of these that have been so faithless to their Oaths & Trusts reposed in them shall ever be serviceable to this State or Magistrates under whom they act, no they'll rather take courage to betray them, when they find the first oppertunity; therefore like our old Proverb, Though we love the Treason yet we hate the Traytor: So it hath been the prudence of the wisest and best governed States, Never to pardon any man for a notorious Crime committed against the Common-wealth, for any good service before done to it: To which Clement Edmonds upon Caesars Comentaries, well agrees, fol. 174. It more importeth a Common-wealth to punish an ill Member then to reward a good Act: So that State or Common-wealth, that will keep it self in good order, and free from ruin, must cherish Impeachments and Accusations of the people against those that through ambition, avarice pride, cruelty, or oppression, seek to destroy the liberty and property of the people, so shall they keep their State free from Envie, and secure from supplantation; and the free-born people of this Nation being thus preserved & secured against Tyranny and Oppression, will never seek after other Liberty, but rejoyce under their own Governours: For as it never turned to any States advantage to gain the peoples hatred, so its the most stable lasting Government, under which the people rejoyce and live cheerfully, according to that Maxime of Camillus the Roman, Firmissimum imperium quo obedientes gaudent.