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

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 Threatned Fined and Imprisoned by our Recorder at the Old-Baily pray wherein lies their Priviledge or Safety What say the Fundamental Laws of England to such Practices Stud. The Jurors Priviledges and every English-mans by them as they are very Considerable so the Laws have very well Guarded them against Usurpation as I shall shew you Cit. But pray first let me know their Antiquity I have heard it said That Tryals 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 be twelve good and honest men to judge c. And Cambden in his Britania correcteth Pollidor Virgill for saying William the Conquerer first brought in this way of Tryal affirming that it was most certain and apparent by the Laws of Etheldred that such Tryals 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-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 Tryals by Juries confirmed down to us and therein it was stablished That no Amercments should be assessed upon any man but by the Oaths of good and lawful men of the Vicinage And also that no Free-man of England should be imprisoned in his Person or destroyed in his Estate and Liberties without the Lawful Judgment of his Equals which Charter has been confimed by thirty two Parliaments and now stands firm to justifie and maintain the freedom of this sort of Tryals which Cook calls the Subjects Birthright And which I must say is the only Preserver of our Lives Freedom and Property as you may read the Book of the Tryal of W. P. and W. M. last Sessions Cit. I am very well Satisfied in this point but pray what sayes the Law about menacing threatning fining and imprisoning of Jurors as before I mentioned to you Stud. As to the menacing and threatning 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 tryed before or after he be sworn 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 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 Misdemenors 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 misdemeanors 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 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 Tryals of mens Liberties and Properties Stud. The Court as their duty is are to do equal Justice and Right so they in such Tryals 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 Judgment 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 tryed by Jurors and matters of Law upon a Dem●rr●r special Verdict c. by the Justices according to that Rule or Maxime of 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 Judgment 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 Maxime Quod quisque norit in hoc se exerceat 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 tryed reason so it never

who were every First-day ordered by the Lievtenancy to guard as wel the publick Meeting-House in Gratious-Street as their Mercenary Priests whom the Bishops sent thither to read their Church-Homilies and Prayers apprehended and took into custody William Bayly whom they carryed before the Mayor and upon Information of the Priest which on that day was to have officiated in that place had he had courage to have performed what he had undertook the Mayor committed W. B. to New-Gate for opposing the Priest in officiating his Function as was alledged in his Mittimus when as the said W. B. had not at any time either seen or spoke with the said Priest Not long after John Boulton an antient Citizen of London of seventy Years of Age and very well known to be a quiet and peaceable person was sent by the Mayor to New-Gate as a Riotous person And soon after him William Penn and William Mead all which were taken up by armed Forces from their Publique and Peaceable Assemblies and committed to the Prison of New-Gate The last of the 6th Moneth the Sessions of Oyer and Terminer beginning at the Old-Baily not only such who the former Sessions had been Indicted but those newly committed attended the Court where constantly waiting three dayes in expectation of being called to their Tryals and according to the Laws of this Land to be Condemned or Acquitted were never once called until the 3d of the 7th Moneth at which time the Bench of Justices consisted of Samuel Starling Mayor John Robinson Rich. Ford Joseph Sheldon Geo. Waterman Wil. Peak Tho. Bloodworth Aldermen of London John Howel the City Recorder together with Richard Brown who pretending himself to be something learned in the Law came there to second the Recorder and with much confidence took upon him to examine persons according to his Will and Pleasure as if he had been a Justice in Commission for London John Smith and James Edwards were Sheriffs O yes being made and Silence commanded William Penn William Mead John Boulton William Bayly Francis Moor Richard Mew Richard Mayfeild Richard Knowlman Gilbert Hutton Richard Thornton Charles Banister Job Boulton Ezekiel Archer and Thomas Rudyard were all called into the Court and not giving that Cap Reverence and Hat Honour to the Place which the Hammon-like-spirited there upon the Bench expected and looked for the Mayor with great indignation openly amongst his Brethren first exprest himself against them calling out to the Officers who attended the Court saying POX ON THEM KNOCK THEM ALL DOWN. Surely such Language as this was very ill becoming that Court of Justice and especially to proceed from the chief Magistrate of this imperial City 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 Prophanness should have merited a pair of Stoks or a Whip and for its Rashness and Violence to be bound to the Good-behaviour But the misery of our Age is such That Judgment is turned back and Justice standeth a far of And he alone who turneth himself from evil maketh himself a Prey But the under Marshals and Goalers manifesting more of humanity then to obey the inhumane and unchristian command of the Mayor exercised no other violence upon the Prisoners then pulling off their Hats for which the Recorder rebuked them and bid the Officers put on the Prisoners Hats upon their Heads again which was no sooner done in obedience of the Courts command but presently the Clark of the Peace requires every of the Prisoners in obedience and reverence to the Court to pull off their own Hats the Prisoners not complying with these whimsical humors ridiculous precepts and antick acts of Justice the Recorder gives order to the Officers a second time to pull off all their Hats and set Fines upon their Heads some twenty Marks some twenty Nobles using variety of airy expressions against and taunting those Prisoners whom he so illegally fined Which piece of ridiculous Pageantry being over O yes being made and Silence commanded as truly there was need of it the Cryer called over the Jury who when they had answered to their names and taken their places were commanded to look upon the Prisoners at the Bar the Prisoners were also required to look upon the Jurors and make their challenge before they were sworn the names of the Jury men were Thomas Veer Ed. Bushel John Hammond Henry Henley Henry Michel Charles Milson Gregory Walklet John Brightman Wil. Plumsted James Damask William Lever John Baily Who all took an Oath Well and truly to try and true deliverance make betwixt the King and the Prisoners at the Bar according to their Evidence and so that God should them help The Prisoners without objecting against any one man of the whole Pannel accepted freely of them though they had Liberty by the Law to have made their challenge against whom they pleased So now their Country being thus solemnly sworn to try and deliver c. they were the true and proper Judges to acquit or condemn to deliver or judge guilty the persons that were given them in charge 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 Angliae To do Justice according to the Law and Custom of England contained in the Charter of the English-mans Liberties which declares Quod Dominus Rex non capit imprisonabit nec super eum ibit nec mittit nisi per legale judicium parium suorum That the King shall not take imprison or pass upon any Free-man without tryal by his Equals And these are called the Good and Lawful men of the Vicinage whom the Prisoners had freely accepted and given up themselves and causes unto as to their Judges to be by them condemned or acquitted as in their Consciences they should judge Equal Just and Righteous according to the stablished and fundamental Laws of England The Court proceeded to try Wil. Penn and Wil. Mead the manner whereof is more largely set forth in a Book called The Peoples Antient and Just Liberties Asserted in the Tryal of W. P. and W. M. at the Sessions held at the Old-Bailey in London the 1st 3d 4th and 5th of the 7th Moneth 70. against the most Arbitrary Proceedure of that Court. Which was but an Introduction to their after Illegal and Tyrannical proceedings against the other Prisoners for when the Court sound that all their severe Menaces scurrilous Invectives and hard Usage towards the Iury could no wise availe to make them alter that Verdict which according to their Oaths they brought in for W. P. and W. M. they presently consult how they might separate this Iury and

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