The Second Part of the People's Ancient and Just Liberties ASSERTED In the Proceedings against, and TRIALS 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 Month, and there continued till the 7th day of the 7th Month 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 trieth the Righteous; but the Wicked and him that loveth Violence the Lord hateth. Prov. 13. 23. There is that destroyeth for want of Judgement. Isa. 59 14. Judgement is turned away backwards, and Justice standeth afar off, etc.— He that departeth from evil maketh himself a Prey. 
Printed in the Year, 1670.   

The Preface to the READER.  
THat State which would preserve itself from Ruin 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 Tranquillity; 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 Helm, or have the Government thereof, should hold forth clear Examples and Patterns of Piety and justice in their Lives and Actions; Regis ad exemplum totus componitur orbis, saith the Poet, The whole World imitate 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 
2 Chron. 13. 18, 19, 20.  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 Inferiors beholding the Riot of their Superiors, will easily be withdrawn from all Modesty, and follow those Vices they profess, as if they had been their professed Virtues: For should they do the contrary, they should seem to disannul 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 study the means to be offensive unto the King. From this lively Pattern, 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 
W. H's Epistle in his Translation of Mirror of Justice.  judicare, just 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 Prince's curious eye over his own personal actions, a due heed care and regard is to be had to his Representatives in his Courts of justice; viz. those justices 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 faithful 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 Nation's 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 wholesome Streams of justice which should naturally slow from the use of them.  
And that thou (Reader) mayst see that thyself art one, who is in danger of being buried in the ruins 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 styled Caput regni & legum) in their Court of judicature at the Old-Bailey, and behold on the one hand Virtue 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: justice turned into Gaul, Right and Equity 
Quod non lego non credo August.  by Will and Power overruled; 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 public, 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, Virtue 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 jurors; and also by violence took away what others had adventured to collect (commanding some to their Baledock) 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 judicature) has contracted this Relation to what comes within the limits of his own knowledge and undeniable proofs; but impartially laid judgement 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 justice.   

THe Laws of England, by Just and upright Ministers and Officers, faithfully dispensed, and impartially administered, have ever been the Upholders and Preservers of Right and Liberty, The high esteemed & precious Jewels of its freeborn Inhabitants: but when unlimited Prerogatives have sponge up, like Mushrooms out of the sappy Apprehensions, aspiring Brains, and heady Humours 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 precious 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 Judgements, 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 opposite 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 mar Laws at pleasure.  
The Occasion of T. R's being Envied and Prosecuted by these Adversaries of Peace, was because of his faithful defending, and Constant appearing (when called thereto) for his Clients 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 Month, called June, the Magistrates of the City of London, in the Name or Colour of a Lieutenancy 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 Noonday, 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 Soldiers of one Captain Holford, and the next day was sent to the ●o●l of Newgate, as a person suspected and disaffected to the Peace of the Kingdom, as was alleged 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 Allot, J. Sheldon, and T. Davice.  
The 7th of the 4th Month, the Lieutenancy (so called) ordered T. R. to be again brought before them, who without alleging 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 Robinson's 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 alleged, that they found cause to suspect T. R. to be guilty.  
Which Case being brought before the justices of the Court of Common-Pleas at Westminster, by Habeas Corpus: That Court, after solemn debate, 
Trinit. 22. C. 2.  gave their Judgement, 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 Month, an Indictment is framed and preferred against T. R. the Tenor whereof was, That whereas at a Session's of the Peace held at Guildhall for the City of London, the ●●●h of May the 22th year of the King, before S. Starling, etc. an●●he ●ustices of the Peace of the said City, assigned, etc. 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, etc. the said Bill of Indictment, before it came to the grand Inquest, unlawfully, secretly, and subtly, 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 King's 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 tried, convicted, and acquitted, the same Sessions that the pretended Indictment miscarried: Whereupon the Mayor pulling an Affidavit out of his Pocket, that bore date the 29th then instant, alleged, That the Indictment was not drawn to the Case, and according to the Instructions that he gave to Jo. Lee, and showed 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 Judgement, 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 partiality and unequal dealings to such whom they convened before them, to receive Justice at their hands: And how little they (who sat there as Judges) regarded their Oaths, and the duty of that place of so great a trust, is easily resolved, weighing them in the Balance of Law and Justice, Said the learned Cook in his 3 Inst. fol. 29. The Judges ought not to deliver their Opinion beforehand 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 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 shall 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 King's 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 Judge's 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 Mayor's prosecution and Justice Keelings Advice, be according to the Law, Justice, their Oaths and Duty, in their respective places, let the World judge.  
The Clerk of the Peace drew up another Indictment, by the Mayor's Directions, which contained the substance of the former, and further, That the said T. R. the said 30th of May, coming 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's house, there to answer any matter that should be justly charged against him.) Whereupon he was committed to Prison, and by the Mayor's 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 Mayor's injustice, & were made Witnesses of the various Stratagems used and practised by him and his Brethren, upon several Citizens of London; and likewise upon several other innocent peaceable men.  
Upon the 19th of the 4th Month, 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 Watchmen, 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 Soldiers, 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 man's 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 carried them by the Sheriff's 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 intolerable 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 Month, 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 Tenor whereof was thus.  
Lond. ●ss. Receive into your custody the Bodies of Francis Moor, Rich. Mew, etc. Herewith sent you, being apprehended and brought before me, and charged to have made, and to have been present on the last Lordsday 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 safely 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 Majesty's Goal of Newgate. (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 Fannio, and Samuel Slaughter, whom the Sheriffs had taken up from their Meeting in Boshopsgate-street, to be indicted, the Tenor of which Indictment was, That they together with others were met at London, etc. with Force and Arms, in a Riotous manner etc. 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 than was practised 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 Edward's 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. etc. 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, etc.  
Justice Moreton sitting on the Bench, the Prisoners were called to the Bar, and as they passed along, the Gaolers 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 tried presently or traverse; to which they answered, That if they might have a Copy of their indictment they would be tried 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 Lieutenancy, to guard as well the public Meetinghouse 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 carried 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 undertaken) the Mayor committed W. B. to Newgate, for opposing the Priest in officiating his Function, as was alleged 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 ancient Citizen of London, of seventy Years of Age, and very well known to be a quiet and peaceable person, was sent by the Mayor to Newgate, as a Riotous person. And soon after him, William Penn and William Mead, all which were taken up by armed Forces, from their Public and Peaceable Assemblies, and committed to the Prison of Newgate.  
The last of the 6th Month, 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 days in expectation of being called to their Trials, and according to the Laws of this Land to be Condemned or Acquitted, were never once called until the 3d of the 7th Month, 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 Edward's 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 expressed himself against them, (calling out to the Officers who attended the Court) saying, POX ON THEM, KNOCK THEM ALICE 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; it's said, He bears the Sword in vain, that's 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 Profaneness should have merited a pair of Stocks, 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 Judgement 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 Gaolers manifesting more of humanity, then to obey the inhuman 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 Clerk 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 humours, ridiculous precepts, and antic 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 Crier 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 Henly, Henry Michael, 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 Panel, 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, etc. they were the true and proper. Judges, to acquit or condemn, to deliver, or judge guilty, the persons that were given them in charge  
In this of the Jury it's 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 Englishman's 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 Freeman without trial 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 established 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 People's Ancient and Just Liberties Asserted in the Trial 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 Month, 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 jury could no wise avail, 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 jury 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 jury men, and committed them to the Goal of New-Gace, until they should pay the same: Which Proceedings are Innovations in the trial 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 of the people of England, and 
Vide p. 60. of the People's Ancient 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 justice Keeling.  
All Ages have had a venerable esteem of Juries; and 
Observe, this Trial of twelve good Folly 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, etc. 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 Judgement 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, it's said, No man shall be taken, imprisoned, etc. but per legale Juditium — by lawful Judgement of his equals; showing that anciently the Jurors were sole Judges, to pronounce and give judgement against their Neighbours, and such whom they had in charge, according unto that Mirror 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 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, show us, not only that the Fundamental Laws of this Land have appointed its Inhabitants, merciful 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 showed to their Predecessors and Antiquity; as also their low Esteem of the Englishman's Liberties, which in all Ages and Generations have been mostly preserved and secured by weighing men's Actions in the equal Balance of their Good and Honest Neighbours Judgements.  
4. We may observe how little regard this Court has had of the performance of such Oaths, 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. It's 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 tried, 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 separate them each from other, is such a piece of Tortuous Justice, which there is no Law or Custom of England can or will justify 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 dispensed according to our Ancient 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 Panel, to appear at Justice Hall the 5th of the 7th Month; the Prisoners, on whom the former Jury had sworn to pass their Verdicts upon, viz. John Boulton, William Bayly, Fra, Moor, Tho. Rudyard, etc. were called again into Court, in the afternoon, and each of them fined as formerly, twenty Nobles a piece for their Hats. A Precedent or Foundation for such Judgements, Fines, and Amercements, we challenge the City's Recorder, and the conceitedly learned Mayor, to show or make out to the World by the Laws of England.  
So soon as the Recorder had finished or passed these new sort of Judgements, or rather Inquisitory Censures upon or against the Prisoners: He purused the Panel of the last summoned Jury, and gave directions to the Clerk to call them over, who as it was observed, picked 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 jurymen in order and direct 〈◊〉 as is usual in all Courts of Justice, where Right is impartially administered; and withal, bidding the Prisoners to look upon the jurors, and before they were Sworn to make their Challenges.  
So now a second Jury was going to be sworn upon them for the trial 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 parallel.  
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. Cham 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 juries 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 justice to commit such Absurdities, that our Laws allow not, or Lawyers ever before heard of.  
2d If such Practices as these be allowable, what person shall know when that jury, 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 justice can a Prisoner expect, when his Adversary, shall not only summon what jurors they please, but also in the Court pack together such, whom they Judge will answer their Malicious 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 Precedent they practised such sort of justice upon them; and how the Recorder could Swear two juries to try one and the same Fact etc. 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 replied, That the Court had overruled them: The Prisoners told him, That the Law should be and aught to be the Rule and Guide of all Courts of Justice, and that such Answers as (The Court overruled you) was not sufficient to satisfy 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 Nailed to the Dust; with many other inveterate, approbious, and tainting Expressions, telling him, That he was not bound to produce Precedents, but it should satisfy, That the Court was of another Opinion against them, and had overruled them. To which the Mayor joined his consent, saying also, We will overrule you.  
By the Statute 25 Ed. 1. chap. 1. it was accorded, That the King's Justices, Sheriffs, Mayors etc. that had the Laws to guide them etc. This is a Clause (saith Cook) worthy to be written in letters of GOLD, That the Laws are to be the Judge's 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. etc. and in this sense 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 overrule.  
Secondly, The just Judge makes the Law his Rule and Guide, but the Unjust overrules the Law: So that its apparent, that this overruling is no other than by Discretion (which is tort, crooked, and rough) to oppose with violence that Justice and Right, which the Laws allow and afford every Freeman of England; then there's no defence to be made against the Recorders overruling, that is gone beyond the Laws Rule, to his own overruling Will and Discretion.  
The Clerk 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 Foreman, and several others: The Recorder denied they their challenges, telling them still that the Court overruled 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 lawful 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 Privileges which it affords the Prisoners (both in the Challenge of the Array of the Panel, and also of the Poles) admitted their Challenges to neither, but cried out still, The Court overrules 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 despite of the Laws and that undoubted Right and Liberty, which is the best Birthright the Freeman of England hath.  
The names of the Jury were Henry Stead, Foreman, Edward Dermer, Thomas Moss, 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 etc. but by Judgement 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 Privileges have been denied; those Laws, and such who claim a benefit from them, have been contemned and overruled 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 truly to Try, and true Deliverance make between etc. according to their Evidence, yet if the Verdict that is confirmed by the Oaths 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 judges shall be Fined, and Imprisoned as perjured Persons, and as such who are guilty of as high misdemeanours as any they came to judge and try.  
Secondly, When twelve good and lawful men shall be so impanelled and sworn to try etc. 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 tried 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 threatening 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, Oaths, and Duty of their Places) ought to allow, yea or nay?  
The second Jury being thus sworn, the Clerk 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 tried together.  
The Crier calling the Witnesses, the Court proceeded to Trial. The Prosecutors and Witnesses were one Whiting the Beadle of Bridgeward, and the rest were the Sheriff's 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 King's 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 (replied) 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 allegeth 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 King's 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 always 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 than 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 Gaolers to thrust them into the Baledock, 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 justice, either upon the just and righteous Law, or a quiet and peaceable People, as has been acted by the Lieutenancy (its pity 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 tolerable; 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 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 judicature; Let us a little see the Judgements 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 King's 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 King's Liege People, that were Travellers, should be assistant to the Justices etc. when warned to ride with them in aid to resist Riots, Routs etc. 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 Judgement of the Oracle of our Laws, Cook in his 3. In. c. 79. tittle Riots, Routs, & unlawful Assemblies, Forces etc. 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 man's Land, or to cut or destroy his Corn, Grass, or other profit etc.  
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 etc. 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 days would have it.  
The Lord Cook said, Interest regi habere subditos pacatos, That the King's 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 Forefathers 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 day's work, out of these Innocent persons Fines.  
This new construction of Religious Assemblies seems the more strange, by reason, there cannot be one Precedent 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 day's work.  
The next whom the Court called to their Trial was Ezekiel Archer, and Margery Fannio, 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 Felony 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 Clerk 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. ask him some further Questions, the Mayor interrupted him saying, He was not to examine the King's 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 inquire and know from the Clerk, whether his Adversaries had drawn any Bill of Indictment against him, and what the Indictment might be: Thereupon T. R. enquired of the Clerk, 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 immediately 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 Justice's 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 lawful 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 Clerk 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 hindered against S. A.  
6. As to the acknowledging the Indictment to Tillot, it was not three hours before the Trial; who ask T. R. whether he ever read the Indictment; T. R. answered, he did, and left it in Forman's hand, why that's 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.  
9 It's 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 etc. so nothing being done in prosecution of the words it was only discourse.  
2. Not sworn that the advice 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 tried 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 tried, or whether all these pretended Crimes and Misdemeanours, were not the product of the Mayor's malicious, envious, and inveterate spirit, causelessly carried 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 Judgement.  
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 tried, 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 etc. with Two hundred more Persons, were assembled together, to disturb the King's Peace; and being so assembled, 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 King's Crown and Dignity etc.  
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 says that must be with Force and Arms, unlawfully and tumulruously, to disturb the King's 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 King's 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 Ways 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 Judgement on the whole matter. Yet how little regarded these Jury men, or the Court, to know the whole matter before they gave Judgement upon the whole Charge. Surely this Jury was packed to be cutthroats 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 form, and yet not the tenth part of any Indictment proved; to be sworn truly 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, debauched principle, and horrid partiality, and yet be quiet from the terrors of Conscience; 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 Judgement, being prepared also to give in their Exceptions in Arrest of Judgement, purposed to be delivered to the Recorder in writing; but of this expected Defence they were all prevented, the Bench giving their Judgements 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 Judgements 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 Newgate was so full of Prisoners, that there could be no tolerable entertainment for these new Convicts, discoursed with the Keepers where to Imprison them; so the Bench having an account, that out of the Dog, by Newgate, that very Sessions there died 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 evil end and purpose sent them thither, into an infected house.  
But that Gaolers, 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 Gaolers are obliged 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. Gaolers are ordained to hold Prisoners, not to punish them. For Imprisonment by the Law, is (neither aught to be) no more than 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 Gaoler keep the Prisoners more straight than he ought 
Britton fol. 18.  of right, whereof the Prisoner dieth, this is Felony in the Gaoler by the Common Law. And this is the Cause, That if a Prisoner die 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 Gaoler for evil usage of his Prisoner, Fol. 35 in Trin. Term, 7 E. 3. cor. Rege rot 44.— Praesentat. quod ubi quidam Robertus Bayhens, the 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 etc. et eadem profundo detinuit, quousque 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 Thiefs, in a filthy Prison, contrary to the form of the Stature etc. 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 Hard-usage of the Gaoler, cometh to untimely Death, this is Murder in the Gaoler. 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 Gaoler.  
Which also Cook in his 3 Inst. chap. 29. Title of Felony in Gaolers by Dures of Imprisonment etc. by Statute and by the Common Law. Fol. 91.  
And next, let us see what the Law saith for the Fees due to Gaolers, 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 aggrieved, 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. Gaolers are to receive Thiefs and Felons, taking nothing by way of Fees for the receipt of them. So odious is this extortion of Gaolers▪ that vety Thiefs and Felons are exempt from payment of Fees.  
And we find in our Law-Books, That no Fees are due to any Officer, Gaoler, or Minister of Justice, but only those which are given by act of Parliament; for if a Gaoler 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 it's held for Law, That if a Gaoler or Guardian of a Prison, takes his Prisoners proper Garment, Cloak, or Money from him, it is a Trespass, and the Gaoler shall be answerable for it: So that we may undeniably conclude, That there is no Fee at all due to any Gaoler or Guardian of a Prison from the Prisoner (but what is due unto him by special Act of Parliament.  
And if a Gaoler or Guardian of a Prisoner, shall take any thing as a Fee of his Prisoner, he may and aught 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 Gaoler 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 etc. 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 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, Mainprize, 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 Gaoler of the Prison if he be committed to ward, 4 d.— And that all Sheriffs, Bailiffs, 
Rast. predict. fol, 371  Gaolers, 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 treble Damages, 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 Gaolers Fees in all Cases, where persons are laid in Prison upon Civil Matters and Causes, which Fee of 4 d. is more than any other Statute or Law allows them to take from their Prisoners: But in such Cases where the King is party, it's established, That the Prisoners in all the King's Prisons should be maintained at the King's Charge, and out of the King's Revenues, according to the old Law of the Land, much less to have Money extorted from him by the Gaoler. But look into the Prisons in and about the City of London, what horrible Oppressions, Extortions, and Cruelties, are Exercised upon the Freeborn 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 unjust Judgements 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 Judgement, 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 Judgement, in all its Points etc.  
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 Shadow; 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 Shadow of them. Habemus quidem senatus consultum, 
Cicero.  sed in tabulis reconditum & tanquam gladium invagina repositum: Yea, our ancient 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 it's often objected by many of their Aversaries, That the Public 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 established 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 inferior Officers have lately dove by some about London: and thereupon such who come there to assemble together are Trespasser● Rioters, Routers, and unlawful Assemblies, and as such are rig●●ly and duly 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 man's Right, Property or freehold 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. Entitled, An Act for Regulating the Privy-Council etc. 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 Council, have or aught 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 aught 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 public Assemblies; and their cruel Adversaries have no more Property, Right, Interest; or due Claim therein or thereto, than a Pirate has to the peaceable Merchant-mans' Ship, a Robber has to the innocent Traveller's 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 than 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 Statute of 20 E. 3. cap. 1. That Justices shall do even Right to all people, without showing favour more to one then to another: According to that just Law, Leu. 19 15. Ye shall do no Unrighteousness in Judgement, 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 damages 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 falsely to the Jury; the cause of Justice against an Offender not a moment prevented; these painted Sepulchers 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 Clergyman did his Fishing Net, which he caused to be laid aside, so soon as he had procured a Cardinal's 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 public concerns, as was expected, yea, little but what first passes the stamp of our Sword Aldermen, and Classis of the City Lieutenancy; 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 study that causr; whose Actions may be the more clearer manifested to this City and Nation, if weighed in the Balance of Justice and Righ-teousness.  
As God's indignation rested on the Children of Israel till one Achans Theft was discovered and punished; so this City suffers sore Judgements till it has puged itself 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 Orphant's 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 yourself, 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 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 
3 Inst. 145.  Bribery cometh of the French word Briber, which signifieth to Devour, or Eat greedily, applied 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 King's Bench, for taking of four Persons 50 l. against his Oath, was tried, and judged upon his acknowledging the 
Fol. 147.  Fact, to be Hanged etc. Cook further sets forth, That this Offence of Bribery may be committed by any that hath any Judicial Place (or Ministerial Office) either Ecclesiastical or Temporal. Non accipies personam nec munera (and the reason is expressed 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 Judge, 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 berner's, qui indictatus fuit, 4 l. pro favore habendo die deliberationes suae, finem fecerant domino regi per IU. 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 small, 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 Judgement 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, overjoyed to hear of the Courts Gratitude in rewarding his pains for making Proclamations in the Steets etc. 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 public 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 public 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 Mayor's 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 etc. 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 Judgement 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 BAILIE THE LAST SESSIONS. Whereupon the Court consented to pay him for that service an Hundred Pounds, by the Chamberlain 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 Month's last passed. An excellent way to ease that Treasury of being overburthened with Orphan's 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 etc.  
So that notwithstanding that large provision which England's Laws have made for the safety of its Inhabitants (as in chapter 29. of its Charter of Liberties (Nulli vendimus etc. on which Cook observes, That all the King's 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 overruled by their Arbitrary and Illegal Sentences and Censures against them.  
Thus are we forced to cast the blame of the Prisoners Sufferings upon the Authors thereof, which we must attribute either sprung from their falseness 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, than the daily Breach of their Liberties, and of Violence to the Freedom of their Persons and Estates, by such hosts humani generis, as these oppressed Prisoners have had just occasion to complain of.  
The Actions of that Sessions were a Riddle to the Englishman, beyond all that this latter monstrous Age hath brought forth; its needless to repeat how much the public Liberty (in denying the commonalty that freedom of jurors the Law allows, fining & imprisoning jurors 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 precedent, who can count himself free either in Person or Estate. The consequence of a wicked Sentence (said Chancellor Bacon) was infinitely worse than a wicked Fact, as being held a Precedent 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 Urinal corrupted in the Body.  
The honour of which arbitrary Sentences, Censures, and severe Judgements have stricken the Commonalty with Amazement, that the Courts of justice, ordained for public 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 justice by their fantastical Discretions and Arbitrary Wills and Power, the consequence of which cannot but he inevitably mischievous 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 etc. or any others, is but to Usher in Tyranny and Oppression.  
There appears no other end that this Bench had in this tortuous sort of proceeding, then to fill their Sheriff's Pockets, with extorted gain, or arbitrarily to punish a most innocent and peaceable people, to gratify their Lusts and Malice.  
And how many flourishing States have been ruined by the Avarices', Cruelty, and Nonobservance of the Laws, by the Governors 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; it's only their Love which supports a State in adversity: ●● our desire that such as London's Mayor and Recorder etc. may not by their actions sow a jealousy among the freeborn people of England, that its the intent of our suproam Magistrates to hold up that common Maxim of all oppressing States, That their Interest is to maintain the public wealthy, and the particular Poor.  
Therefore permit not these persons in their Courts to create the precedents of Oppression to enslave our Posterity in future times; to that end hath this been made public, that the supreme Magistrate and Legislators of this Nation, for the dignity and honour of their Rule and Government, and for the safety of the freeborn people of this Land, not only take care to purge the Benches of Justice from that partiality 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 opportunity; therefore like our old Proverb, Though we love the Treason yet we hate the Traitor: 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 Commonwealth, for any good service before done to it: To which Clement edmond's upon Caesar's Commentaries, well agrees, fol. 174. It more importeth a Commonwealth to punish an ill Member then to reward a good Act: So that State or Commonwealth, that will keep itself 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 Envy, and secure from supplantation; and the freeborn people of this Nation being thus preserved & secured against Tyranny and Oppression, will never seek after other Liberty, but rejoice under their own Governors: For as it never turned to any State's advantage to gain the people's hatred, so it's the most stable lasting Government, under which the people rejoice and live cheerfully, according to that Maxim of Camillus the Roman, Firmissimum imperium quo obedientes gaudent.    

An Appendix, by Way of DIALOGUE, in a Plain and Friendly Discourse between a Student in the Laws and Liberties of England, and a true Citizen of London; whereby is showed, That a Jury of twelve men are the only proper Judges of their Neighbours Actions, and may by the established Laws of England give a Verdict of such Facts, according to their Consciences, without incurring Fine and Imprisonment, etc.  Stud. 
Whither are you hasting out so fast this Morning my Friend?  Cit 
Truly, about some earnest business, that will not admit of delay.  Stud. 
I know you to be a man of business; but in my apprehension you seem more then usually in haste, now I am come to give you a visit.  Cit 
I acknowledge your kindness; and since you are so opportunely come, I would request your advice in what I am going about.  Stud. 
Yea, most freely: But what's the Case.  Cit 
I am summoned to appear tomorrow, as a Juryman, at the Old-Baily, but would willingly get myself exeused, and was but now going out to one of the Sheriffs, my old Acquaintance, to entreat his favour, to do me that kindness; but its probable you know a nearer way to effect such a matter, and may direct me.  Stud. 
It's very like, did it much concern you, I might get your discharge: But why should not you rather serve your Country in these public concerns? If all men were of your mind how should Right be done in Courts of Justice?  Cit 
There's many others that are better skilled in such Matters, who are more fit to perform that Office; as for my part, I have ever so loved peace that I have forborn going to Law, though it has been much to my loss.  Stud. 
That's no Excuse; for the more peaceable man you have been, the more fit you are for such services: The Office of a Juryman is conscientiously to judge his Neighbour, who needs no more Law than is easily learned to direct him therein.  Cit 
I should willingly appear, according to this Summon, but that the Mayor and Recorders carriage to Juries was such the last Sessions, that I question whether I could under-go so much Hardship, and not endanger my Life; so I find that all my Neighbours, as well as I, are endeavouring to get themselves excused.  Stud. 
Then it's a restraint from your Trade that deters you?  Cit 
No truly, that's not all; but to be kept without Meat and Drink two Days and Nights together, and not to be allowed the privilege of Nature's Easement; and after all, to be cast into Newgate, is hard Service.  Stud. 
I must confess this was very hard, yet it should not deter you from doing your duty: and if those Jurors suffered unjustly (which I Question not) their Service was the easier to them.  Cit 
I am of opinion they were unjustly dealt withal; many of them I know, who had the repute of honesty, especially those four who yet lie in Durance; but I may suffer by reason of my Ignorance of the Duty and Office of a Juryman; therefore on that account principally I desire to be excused my appearance, which if I understood as well as many do, withal my heart I would do my service.  Stud. 
Now you speak honestly like an Englishman, and in case that be all your cause of scruple, it may soon be removed if you will take my Advice.  Cit 
Yes with all my heart: Then pray let me have your Answer to some Questions, which often of late I have had upon my thoughts to propound to you, or some Practitioner of the Law, that would be plain with me.  Stud. 
Offer what you think meet, and I will endeavour to give you that satisfaction you desire.  Cit 
Since Jurors are thus of late Menaced, Threatened, Fined, and Imprisoned, by our Recorder at the Old-Baily; pray wherein lies their Privilege or Safety? What say the Fundamental Laws of England to such Practices?  Stud. 
The Jurors Privileges, and every Englishman's by them, as they are very Considerable, so the Laws have very well Guarded them against Usurpation, as I shall show you.  Cit 
But pray first let me know their Antiquity? I have heard it said, That Trials by Juries have been of long standing in this Nation.  Stud. 
Their Antiquity no one knows, but all Authors agree that they have been very ancient: Cook the Oracle of our English Laws, writes, That long before the Conquest it was ordered, That in every Century there should 
Co. 1 Inst. 155.  be twelve good and honest men to judge etc. And Cambden in his Britania correcteth Pollidor Virgil, for saying William the Conqueror first brought in this way of Trial, affirming that it was most certain and apparent by the Laws of Etheldred, that such Trials were in use many years before: Which Horn in his Mirror of Justice, written in the time of E. 1. doth well confirm and assure us.  Cit 
But what say the Law-Books of later date, and our Predecessors in later years about them.  Stud. 
When the great Charter of our English Liberties in the 9th year of H. 3. was made, and put under the great Seal of England, then were these Trials by Juries confirmed down to us, and therein it was established, That 
9 H. 3. 14. 29.  no Amercments should be assessed upon any man but by the Oaths of good and lawful men of the Vicinage: And also that no Freeman of England should be imprisoned in his Person, or destroyed in his Estate and Liberties, without the Lawful Judgement of his Equals, which Charter has been confimed by thirty two Parliaments, and now stands firm to justify and maintain the freedom 
Co. 2 Inst. 41.  of this sort of Trials, which Cook calls the Subject's Birthright: And which I must say is the only Preserver of our Lives, Freedom, and Property, as you may read the Book of the Trial of W. P. and W. M. last Sessions.  Cit 
I am very well Satisfied in this point; but pray, what says the Law about menacing, threatening, fining and imprisoning of Jurors, as before I mentioned to you?  Stud. 
As to the menacing and threatening language which that Bench gave the Jurors, it only evidenced and manifested to the world their Envy and Malice against the Prisoners, that the Jury had in charge, and so may be said also of their fining and imprisoning of the Jury afterwards.  Cit 
Hath a Court then no power by the Law to fine and imprison a Jury?  Sutd. 
We find in our Law Books, or Books of Cases, that Jurors have been fined by a Court, for these following matters.  
1. If a Jury man take money (from the party to be tried) before, or after he be sworn. 
39 Ass. 19 Fitz. Exam. 17. 14 H. 7. 30. 36 H. 6. 27 per Cur. C. B. & B. R. 34 E. 3. Fitz. Office de Court 12. 40 Ass. pl. 10.   
2. If they receive any Writings from the persons they have in trial.  
3. If a Jury man appear, and then depart before he be sworn, is a contempt of the Court.  
4. If a Juror, after he shall be sworn, depart from his Fellows before they deliver in their Verdict.  
5. If Eleven Jurors shall give in their Verdict without, or against the consent of the Twelfth.  
6. If a Jury eat or drink after they are gone 
Dyer 37. b. 218. a. b. Old Entries 251.  from the Bar, and before they bring in their Verdict (This I suppose is meant where the Court will accept of the Verdict, when the Jurors tender it.) And for such like Misdemeanours as these they have been Fined and Imprisoned, but how Warrantable, is a Query.  Cit 
As for these Miscarriages you have instanced, it seems reasonable they should be punished, which no honest man will be found guilty of; neither do I fear to suffer for such like misdemeanours. But what say you to the fining a Jury for giving in a Verdict according to their Consciences, yet pretended by the Court to be contrary to Evidence.  Stud. 
To fine them at all is an abuse, though it has been long practised; but to fine them for giving their Verdict according to their Conscience, such practices are very much against Law and Reason too: For a Jury of twelve men are by the Laws the only proper Judges of matter in 
Co. 4. Inst. 84.  issue before them, as for instance.  
1 That Evidence which is delivered to induce a Jury to believe or not to believe the matter of Fact in issue; it's called Evidence, because the Jury may out of many matters of Fact (evidere veritatem) that is so clearly the truth, of which they are proper Judges.  
2d When any Matter is sworn, Deed read, or offered, whether it shall be believed or not, or whether it be true or false in point of Fact, the Jurors are the proper Judges.  
3d Whether such men met together intentionally to do such an Act or not, the Jurors are Judges; for the Court is not Judge of these matters, which are Evidence, to prove or disprove the thing in issue.  Cit 
What then is the Court to take con●sance of in the Trials of men's Liberties and Properties.  Stud. 
The Court (as their duty is, are to do equal Justice and Right) so they) in such Trials do direct, whether such matter shall be admitted to be given in Evidence or not, such a Writing read or not or such a man to be admitted a Witness or not; and this belongs to the Judgement of the Court, as they are upon their Oaths to see Justice done 'twixt party and party: Therefore has the Common Law ordained, That matters of Fact (which are drawn to an issue) shall be tried by Jurors, and matters of Law (upon a Demurrer & special Verdict etc.) by the Justices, according to that Rule, or Maxim of 
11 Co. 10. b. 4 Inst. 84. 4 Inst. 207.  Sr. Ewd. Cook, Ad Questionem facti non respondent Judices, it a ad questionem leg is non respondent Juratores: The Justices meddle not with matter of Fact, nor Jurors with matter of Law. So it's the Jurors Office to find (veritatem Facti) the truth of the Fact in issue, and the Court to give Judgement accordingly: By which we may see the Wisdom of the Law, in referring things to persons, in which they have conusance and are most expert, according to that Maxim, Quod quisque norit, in hoc se exerceat. 
9 Cook 13.   Cit 
According to this Account you have given me of the Duty and Office, as well of the Court, as the Jurors; the Law seems to have dealt justly and equally betwixt them both: But one Question further, pray Whence is it that Jurors are summoned of their Neighbourhood, where the Fact is supposed to be done or acted.  Stud. 
As the Common Law of this Land is nothing else then Common Right, pure and tried reason, so it never fails to render a Reason of its own Actions; a Jury is therefore summoned of the Vicinage, because it's always 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 controversy, 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 aforehand; besides, hearing the Evidence, may the better pronounce (veritatis dictum) or a just Verdict of the Fact.  Cit 
But Wherein do you conceive a Juryman 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 principled, 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 Riotous 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 jury 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 Englishman, 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 Forerunner of much Mischief, that may be acted in the Country, who generally take London for a Precedent 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 Trials 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 Judgement upon his Subjects, but by his Justices in his Courts; and if the justices, who are commanded to be guided by the Law, shall contrary unto the Law fine and imprison juries, for giving Verdicts in such matters which the Laws allow and appoint them to be proper Judges of: Where then is the Englishman tried by his Peers, and by the Law of the Land? To deny us this free Trial, is to Rifle us of our Birthright, and most Arbitrarily and 
St. 3. 13 E. 3.  Tyrannically to deny us Equal, Law, justice, 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 judges, 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 justice of Peace, Mayor, Bailiffs of Corporations, Stewards of Letts etc. what ever matters are tried before them, shall have Verdicts to their minds, or Fine and Imprison the jurors till they have; so that such must be either pleased, humoured, or gratified, else no justice or Right to be had before them in their Courts.  
2d A further ill-consequence will be, That although a person may challenge a juryman, or Shereffs, if they be of Kin to this Adversary, yet he cannot challenge a justice, Mayor etc. 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 tried, and wholly at the Will, and in the power of every mercenary or corrupted justice, Mayor, Recorder, Bailiff etc.  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 Precedent 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 judgements on jurors leave them remediless of relief, which is sufficient ground to conclude such practices to be against the Law.  
First, It can never be tried whether they found with or against their Evidence, by reason no Writ of Error lies in the Case.  
Secondly, They are in worse condition than the Criminals, that are tried 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 Falsehood of a jurors: Verdict, in matters of Fact, may be tried by another jury; but in this case the jurors are concluded, by reason that whether they have found with or against, their Evidence can never be tried. Litt. Sect. 108.  
And further Reason (which is Law) tells us, That 
F. N. B. 21.  as the King's justices of the Law have given out, that they ought not to have any Action brought against 
Par. Max. 62 Co. 2 Inst. 422.  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 Standards by, are probably Strangers unto, and ignorant of it. Therefore the Knowledge of twelve men, agreeing together, aught 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 the People of England.  Cit 
But it's pretended, That one of the Crimes charged upon the Jurors (by the Recorder) was for finding their Verdict against Law. How can the Jury justify such an Action? Sure they are not (as it is said) Judges of Law, but Fact.  Stud. 
Admitting they are so, which will not he granted yet, That a Jury can find against Law, is to me a Paradox; for as we say, Where there is no Law, there is no Transgression; so where there is no Transgression, there is no place for Law, the Law being made for the Transgressor, And said Learned Cook (Exfacto jus oritur) upon stating the Fact, or transgression, Law doth arise; yea, the Law doth grow 
4 C. 42. b. 53. b. 11 Coo. 10. b. in Pinddle & Nappers Case.  out of the Root of the Fact: Therefore it's one of their adjudged Cases, That if a Jury find a matter of Fact, but conclude against the Law, the conclusion is void, and the Court ought to give Judgement according to Law.  
Now the jury being the sole judges of Fact, and matter in issue before them, not finding the Fact on which the Law should arise, cannot be said to find against the Law, which is no other than a superstructure of Fact; Then to say they have found against the Law, when no fact is found, is most impossible.  Cit 
You have given me very good satisfaction as to the unreasonableness and illegallity of that Courts procedure; and since I see the Law has made so good provision for our safety, I purpose to appear upon the Jury, according to my Summons, but desire withal a little of your Direction about my Office of a Juryman?  Stud. 
I am very confident, that you would not willingly violate an Oath, which you take, but that there are such, who as frequently break them, as take them, is too too much apparent, through their careless custom on the one hand, or slavish fear on the other, against which I would fully caution you, that you may defend yourself against those Enemies of your Country's Peace, and keep a good Conscience towards God and man.  
First, The Oath that's administered to you, at the Sessions, is, That you shall well and truly try, and true deliverance make, between our Sovereign Lord the King, and the Prisoners at the Bar, according to your Evidence. Then is the Indictment read against the Prisoner, either for his Life or Liberties, which probably takes up a large time in debate, and in examining Witnesses on both sides, according as the Case may be. And when the jurors are commanded to withdraw, that they may consult of their Verdict; they soon forget that solemn Oath they took, or that great charge of the Life and Liberty of men, whereof they are made Judges; and without one serious thought, or consulted reason offered, (pro or con) presently go to holding up of hands, or some other way, voting whether to find for Prosecutor or Prisoner; so the Major votes of such shall dispose of men's Lives, Liberties, and Properties, which the Law counts so dear to every man: This practice is too customary among jurors, as I'm credibly informed, which occasions their dispatch of that business in a quarter of an hour, which held the Court full six hours' debate: witness that second jury, that were sworn on the Prisoners last Sessions, and tried T. R. F. M. etc. Therefore have a care of such Fellow-Iurors.  
Secondly, Such a slavish Fear attends many jurors, that let the Court direct to find Guilty, or not Guilty, accordingly they bring in their Verdict; and therefore many of them never regard, what the Evidence was more or less to prove the Indictment, but as the Court sums it up, they bring in; as if jurors were appointed for no other purpose, but to echo back to the Court (as one observed) what the Bench would have most Illegally and Arbitrarily acted upon such persons, against whom they themselves Prosecute and Inform: Now against those Companions I caution you to beware of.  Cit 
I am very well satisfied that these Practices are too frequent amongst Jurors, of which I have been Witness: But pray what is the Reason that the Mayor turns Informer, and forceth his Officers and Servant to prosecute?  Stud. 
You Citizens should best know the reason of your Magistrates Actions: But it's most probable, that your Mayor turns Informer to get Money into the Sheriff's Pockets, who have purchased all the fines from the King, which the last Sessions amounted to no less than 500 l.  Cit 
It's too apparent they are Confederated; I have heard a muttering, that they together have licked their Fingers of 500 l. and more of Cripplegate - Ward Money; I can give no certain account of the business; but the Hugh and Cry is gone out, and its like in a little time the Malefactors may be apprehonded: And since London was incorporated. I believe it never had such a pack of Knights to govern is: But to our business, Let me have some further direction?  Stud. 
My Advice to you is, That those things in issue, whereof you are proper Judges, you still remember, as I instanced before, Ad questionem facti non respondent Judices) If any injustice he done by the Court to a Prisoner, by reason of their negligence or carelessness, that injustice will lie at your door: Qui non malum prohibet cum potest facit: He that prevents not an Evil, when it is in his power, does it. Therefore remember, as you of the jury are judges of the matters of Fact in issue (that is) Whether a thing sworn is to be believed, or not? Whether any thing offered be true, or false? Whether men met together to do such an Act against the Law, or not; in Manner and Form as the person is Indicted? You are conscientiously to 〈◊〉 to. Therefore,  
First, Observe well the Indictment that is read, and the several Parts thereof, both as to the Matter, Manner, and Form.  
Secondly, Take due notice and regard to the Evidence offered for Proof of the Indictment, and each part of it; as well to manner and form as matter, which endeavour to write down, or so much thereof as you are able, and weighing them seriously together you may give a Verdict upon that joined issue, according to truth, which is called by Cook (veritatis dictum) The Saying of Truth.  
And observe, That as you are sworn to try and deliver according to Evidence; so also you deliver in your Verdict, That the person, you have had in Trial, it guilty in Manner and Form, as the party stands indicted, which thing you should very well weigh; and though a person be proved to be guilty of some Fact or Misdemeanour, yet, if it be not also proved to be done in such Manner and Form, as the party stands indicted, he is not Guilty, and aught to be acquitted by you.  Cit 
But is not there both Law and Fact in an Indictment, as those against W. P. and W. M. and the rest of the Quakers last Sessions? And how shall a Jury deal in such Cases?  Stud. 
If matter of Law do, or shall arise, and mingle itself with the Fact, the Jury are not compellable to find the Law, but only the Fact, if they will, according to the Statute of Westm. cap. 30. the second, which declareth, That, Justiciaril ad Assisas capiendas assignati non compellant Juratores dicere precise si sit disseisimavel non etc. Justices of Assize shall not compel Jurors to say precisely; that is, to determine a matin Law: And Cook commenting upon this Statute 
Cook 2 Inst. 425.  puts a Question, whether in all Actions a Jury might give a special Verdict. In the end (saith he) it hath been resolved, that in all Actions, real, personal and mixed, and upon all Issues joined, general and special, the Jury might find the special matter of Fact pertinent, and tending only to the Issue joined, and thereupon pray the discretion of the Court for the Law: and this the Jurors may do at the Common Law, not only in Cases between Party and Party; but also in Pleas of the Crown at the Kings Suit. And if Jurors be not Judges of Law, but Fact, as our Sophisters in Law would have it; then the Jury may give in the matter of Fact, and leave the matters of Law to the Court: Which special Verdict (Cook says) the Court cannot refuse, it being 
Cook 1 Inst. 92.  pertinent to the matter in Issue: So according to their distinction of Law and Fact, the Jury is not bound to give in upon their Oaths, that men did meet 
Pla. Cau. 92. Lib. 9 12. Lib. 9 69.  or assemble themselves together unlawfully, but only to find that they did meet & assemble themselves together, and let the Court judge of the Lawfulness or Unlawfulness of it; for Exfacto (says Cook) jus oritur. Therefore upon an Indictment for Murder (Quod felonice percussit) That he feloniously struck him, the Jury finding (percussit tantum) Only that he struck him, the Verdict was adjudged good etc.  Cit 
What's the Reason then, that the Court will not accept of such special Verdicts, but frequently turn the Jury back, till they bring in general?  Stud. 
Because than they have your Oaths as well for Law as Fact, and if the Judgements be severe, it shall lie at your door.  Cit 
But we are not Judges of Law, as they say; Wherefore then should they have our Oaths for the Law?  Stud. 
This is an Artifice, whereby they cheat the Jury into frequent Perjury, as I shall at large plainly show you. As,  
1st Observe the Form wherein they draw up their Indictments; that is subtle to place a small matter of Fact, as they call it, in the midst of a whole Sea of their Decriminating and Obnoxious Terms, which they call Law, that deserve severe Punishments where ever they are found, viz. To do an Act with Force and Arms, Riotously, Routously, Tumultuously, Seditiously, Illegally, Deceitfully,, Subtly, Falatiously, in contempt of the King, and his Laws, to the Disturbance and Affrighting the King's Liege People, to the evil Example of others; against the King's Peace, his Crown, and Dignity, and such like.  
2d The Fact in issue, pretendeded to be committed, although it be never so Innocent or Lawful, (as standing in the Street, or Highway, in peaceable Manner, or Assembling in their own House, there persuading the people to turn from the evil of their ways, as Drunkenness, Whoredom, Swearing &c.) they environ with many of those foul Criminations, thereby to misrepresent the Fact, or Matter in issue, to the Jury; like as the Inquisitors in Spain (so much applauded 
Garments on which are painted the shaps of Devils, and infernal Spirits etc.  by I. H. your Recorder) do clothe those Innocent Christian Protestants (whom they have Censured to the Faggot) with their Sambenitoes, that the people beholding them in so Dismal and Hellish a Dress, may be so far from pitying them, that they may rather condemn them in their very Thoughts as Miscreants, not worthy to live.  
Against any of which Criminal Terms, if the Jurors object, by reason the Evidence did not reach them; the Court presently stops their Mouths with saying, You have nothing to do with that, its only matter of Form, or matter of Law, you are only to examine the Fact: Which the ignorant Jurors taking for Answer, bring in the Prisoners Guilty (as they suppose) of the Fact or Trespass only; but the Clerk of the Peace recording it, demands a further confirmation (saying thus) Well than you say A. B. is guilty of the Fact or Trespass, in Manner and Form as he stands Indicted, and so you say all? To which the Foreman answers for himself and Fellows, Yes.  
Whereupon the Verdict is drawn up (Juratores super sacramentum suum dicunt) That the Jurors do say upon their Oaths, That A. B. did, or committed such a Fact, with Force and Arms— did such a Seditious Action— did meet such persons in a Riotous, Riotous manner— did such an Act Deceitfully, Subtly, Illegally, Fallatiously, in Contempt of the King and his Laws, to disturb or affright the King's Liege People, against the King's Peace, his Crown, and Dignity: So the Jurors are ignorantly and fallatiously perjured upon Record, and Oppression thereby is Acted upon the Innocent; so by reason of the Courts subtlety on the one hand, and the Juries ignorance on the other; they upon their Oaths having clothed the Innocent Matter or Fact in issue with the Sambenitish Garment, the Court with safety passes most severe Judgements & Censures upon such Prisoners; & all because the Jury have upon their Oaths (as was said before) made that innocent Action, or pretended Fact, Criminal, which the Law or Court never could have done, had not they in such manner given a Verdict, so many degrees worse than the Fact in isssue, was evidenced unto them.  Cit 
Then I perceive those subtle Fellows make use of our Oaths, (as it's fabled of the M●nkey, Did by the Cat's Foot to claw the Chessnuts out of the Fire) and so thereby cover their cursed Ends and Designs upon the Innocent, whom they daily Prosecute; as for my part, I never heard of so much of their Knavery before, neither did I think that it was possible that so much Villainy should have been Acted under colour of Justice.  Stud. 
Sr. John Howel your Recorder, and your City Magistrates, have a further artifice, that is, To indict all men by the Common Law, and wave intermeddling with any of the Statutes in force against such misdemeanours, as they pretend the persons indicted are guilty of.  Cit 
Pray what do you suppose their drift is in that?  Stud. 
No other than that they may as well make the Law, as Proportion the Punishment; for when an Indictment is grounded on the Common Law, and the Prisoner desires to have the Law read to the jury (who are his judges, whether he be guilty, or not guilty (Modo & Forma) of the matter in issue) on which such Indictment is grounded; the Court answers, It's (Lex non scripta) a Law not written, therefore not to be produced: By this means the Prisoner is incapacitated to make his defence, and the jury kept ignorant, whether the Offence charged to be done by the Prisoner, be Innocency or Gild: 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 justice.  
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 Terms, as, Against the King and his Laws; Illogally; and in contempt of his Crown and Dignity etc. And a jury 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 entered in Latin, 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 Clerk will read to them, or let them know, which besure shall be no more than what's for the interest of the Prosecutors, and the Prisoners disadvantage. And if these twelve men (who by the Law are uncontrollable Judges) shall not bring in, or return, Billavera, to such Indictments as the Bench shall favour, your Mayor and Recorder, after justice 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 
Mor. Justice cap. 5. Sect. 1. 134.  only one of the greatest Violences that is offered to our Lives and Liberties, but also expressly against the very Oath that those Justices take for the execution of that place of Trust (which saith) 
18 Edw. 3. 3.  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 styled justices, according 
Cook 2 Inst. 26.  to their Office, which is to see justice done betwixt party and party, not to fine and imprison persons at their will and pleasure without a jury; 
5 chap, 1. Sect. numb. 32 & 33.  which practice of theirs is no more legal than 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, than some former Uses or rather Abuses acted by their Predecessors; and by the same rule, in case the jurors bring their habeas Corpus for relief, the Recorder or his Council may offer Keelings sinning of the jury, although condemned in Parliament, to justify this latter piece of Injustice: After which rate a Thief or a Robber may legally justify his Actions, because of his long Use, Custom, and frequent Practice; which abuses the justices 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 
Stat. 18 E. 3. 3. 9 H. 3. 29.  no man Common Right by the King's Letters, nor none other man's, 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 justice 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 Author (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 Judgement) 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 Judgements. 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 tried 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 die, 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 Maxim (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 Judgement.  
He Hanged Hale because he saved Tristram the Sheriff from death, who took to the King's 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 rob the people by colour of Distresses, whereof some were by selling Distresses, and some by extortion of Fines; as if by extortion of Fines, releasing of tortuous 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 King's Officers (like Tristram the Sheriff) by taking away Goods, against the will of the Owner, to the King's 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 England's 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 Oppressor's complaint, nor redress, for these public Grievances.  
He Hanged Oskitell because he judged Cathing to death by record of a Coroner, without trial 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 falsely Saved a man Guilty of Death, or had falsely 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. 
— Spencers,  Father and Son: Trisilian and Belknap: Sr. William Thorpe in 23 E. 3. Empson and Dudley, persons most 
Co. 3 Inst. 145.  famous for Tyranny and Oppression, left upon record, that our justices of later date, beholding their ends, should avoid their Footsteps, So although some of your Fellow Citizens, by reason of this Injustice and Oppression, of your City Recorder, Mayor etc. have undergone the hardship of Imprisonment (yet they standing in the gap against the introducing of an Arbitrary Government) 
Votes Parl. 11. Decem. 1667.  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 Wiseman, 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 - man's 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 tendered 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 advice, at leisure 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; Horns Mirror of Justice; Lambert's Translation of the Saxon Laws; as also, The Trial 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 only see the Englishman's Rights and Liberties asserted, but Tyranny and Oppression in all Ages (endeavouring to exterpate and violate our Laws, the equal Distributer of every man's Property) detected and laid open. These I would not have one true Englishman 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 Account of these persons Trials, 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 easy 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 Citizens of London, but upon every Freeman 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 public 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 judicature? It's too apparent, Not (Salus Populi) the Commonalties Good: What Religious Persuasion 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 Religion in any Age, but they would pretend to be Patronisers of them: Yea, It's Recorded, That the Thiefs and Vagabond Jews getting power into their hands (a Presage and Forerunner of the sore and lamentable Calamnes that befell that people) chose themselves, a Highpriest, and usurped power in Jerusalem, to give Laws and Oppress at pleasure, of whom Josephus thus writes, page 637. D. But they used the Temple as a Castle, and defence for themselves, against the people, and made the Sanctuary a place for them to exercise Tyranny in.  
Consider well, and weigh the Actions of S. Starling, London's Mayor; John Edwards, and John Smith, its Sheriffs, the head and Chieftains of the people's Oppressors, in enforcing their Officers, Sergeants, and Servants, to be Informers and Prosecutors against the Innocent, by their Proclamations making peaceable people Riotees, and thereby not only to forfeit their Rights and Liberties; but these their Adversaries assuming Authority to demand what part of their Estate they shall think meet: And judge if these practices run not parallel to those of Albinus Precedent of Judea, which Josephus thus impartially relates, Who was over all as a Tyrant, and a Prince of Thiefs; and he used the help of his Guard to Robb the meaner sort— Nay, he was not ashamed to proclaim it throughout the whole Country, Lawfully for any one that would, to Robb and Steal, so that they would bring him a part of their Booty. Fol. 623. E. & F.  
And although he had (like these late Oppressors) power for his Law, and authority to enforce what he willéd upon the people, yet the Divine Historian terms Albinus but a Tyrant, and his Actions Theft and Robbery.  
Thus are poor England's quiet,, peaceable, and religious Inhabitants torn in pieces by those Sons of Beliel, their Lives, Liberties, and Estates made preys, to gratify their Lusts, Avarice had Wills and Pleasures: And where do these Violences and Oppressions arise, but from the undervaluing and vilifying of our Good, Ancient, Wholesome and 
Votes Parl. 11 Decom. 1667.  Fundamental Laws, our great Charter of Liberties, the Preserver of our Lives, Freedom and Property.  
However, too many of the minds and spirits of our Countrymen are besotted, through that deluge of Vice and Debauchery, that has overspread and covered the face of our Land; sure we are, that the right Noble and Virtuous will ever have a high esteem of those Laws, that were not only dear to our Ancestors, but famous throughout the World, for an equal Balance of Justice, whereby every man's Right and Liberty might be Weighed.  
It's observable what that Roman Senator, C. S. Saturninus (a Lover of Virtue, Liberty, and Wholesome Laws) declaim in the Senate, (saith he) For to them that know what Virtue is, it is no small Felicity, to live one Hour in Freedom of Mind, and in a free Country, Governed by such Laws, which in times past, have made our Commonwealth to flourish— For in regard of the present time, there is not any thing that we ought most earnestly to effect, then to live Virtuously; For only Virtue is the thing that confirmeth men in their Liberty— I know how great Mischiefs Tyranny do ordinarily breed in a public State; for they utterly extinguish all Virtue, and deprive Freemen of that perfect Magnanimity that may be in them, and teach both to flatter and to Fear; for that the Common Wealth is abandoned, not to the Wisdom of the Laws, but to the fury of the intemperate Governors.  
And Complaining of Julius Caesar's Violation of that course of Law whereby the State was polliced, (says he) In Subverting the Laws to his good liking, and himself to his particular desires; there is not any kind of misery and Mischief that hath not overthrown our City.  
Whence we may observe and conclude that all these horrid Oppressions and Violences, that have been in Ages past, inflicted upon, and offered to any People, State, or Commonwealth, they have naturally flown from the want of Virtue, or from the debauched Practice of the Magistrates, governing and judging the people by Will and Power, and not by established Laws, which is the Case of these Prisoners, who yet lie in Durance at the Will of their cruel Adversaries, because, as one saith,  
Sepultum est jus in Regno, prava Voluntas,  
Vis & Volentia magis regnat quam Juditium.  
FINIS.