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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

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

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

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

Banister Job Boulton T. Rudyard every of them fined twenty Mark a piece Ezekel Archer fined forty Mark for divers evil Carriages and Contempts in words and deeds by them severally openly voluntarily and obstinately committed in and towards the Court. And the Court gave further Judgments or Censures viz. Francis Moor R. M. R M. R. K. G. H. R. T. C. B. I. B. Katherine Everett I. Boulton and W. Bayly fined every of them twenty Marks apiece and T. R. fined a hundred pound being convict of several Trespasses and Contempts and to be committed to Prison until every of them pay their several respective Fines The Court understanding that their Goal of New-Gate was so full of Prisoners that there could be no tollerable entertainment for these new Convicts discoursed with the Keepers where to Imprison them so the Bench having an account that out of the Dogg by New-Gate that very Sessions there dyed two persons of the Spotted-feaver or Plague one the Master of the House the other a Prisoner whom Jo. Robinson Alderman had there sent for refusing to take an Oath prescribed in the 3d of Ja. whereupon they were commanded to be Imprisoned there and a Keeper set upon them to prevent their going abroad upon the most urgent occasion Where through the Goodness of the Almighty they were preserved in Health beyond the expectation of their Friends or hopes of their Enemies who doubtless out of an evil end and purpose sent them thither into an infected house But that Goalers of what degree or state soever may in some measure know the Duties of their respective places and not through ignorance abuse such who are committed to their Charge we have thought it meet at this time to instance and give an account what their duty is to their prisoners according to the Laws of this Land which all Goalers are oblieged under great Penalties to observe and the people of this Land to preserve as their Liberties least by such neglect slavery be insensibly drawn upon them By the Common Law we find Quod care ad continendos non ad puniendos haberi debet as Bracton lib. 3. fol. 105. Goalers are ordained to hold Prisoners not to punish them For Imprisonment by the Law is neither ought to be no more then a bare restraint of Liberty without those illegal and unjust Destructions of close and open Prison as is usual See Stamf. ple. Cro. fol. 70. Therefore Cook in his 3 Inst 91. saith That if the Goaler keep the Prisoners more streightly then he ought of right whereof the Prisoner dieth this is Fellony in the Goaler by the Common Law And this is the Cause That if a Prisoner dye in Prison the Coroner ought to sit upon him See also the said Cook Fol. 34. Cap. Petty Treason how Prisoners are to be used wherein is also an account of an Indictment of a Goaler for evil usage of his Prisoner Fol. 35 in Trin. Terme 7 E. 3. cor Rege rot 44. Praesentat quod ubi quidam Robertus Bayhens de Tavesly captus fuit in prisona Castri Lincoln detentus per quodam debito Statut. mercatorii in Custodia Tho. Boteler Constabularii Castri de Lincoln ibid predict Tho. Boteler posuit ipsum Robertum in profundo Gaole inter Lenones in ubi Prisona contra formam Statuti c. et eadem profundo detinuit quousque idem Robertus fecit finem cum eo de 40 s. quos ei soluit per Extortionem That whereas one R. B. of T. was taken and detained in the Prison of Lincoln Castle for a certain debt of Statute Merchant in the custody of T. B. Constable of the Castle of L. aforesaid That the said T. B. put the said R. into the Common-Goal amongst Thieves in a filthy Prison contrary to the form of the Stature c. and there detained him till he had paid him a Fine of 40 s. Whereupon Cook makes this Observation So as hereby it appeareth where the Law requireth that a Prisoner should be kept Vi salva ancta custodia that is In safe and sure Custody yet that must be without any pain or torment to the Prisoner So Co. 3 Inst 52. saith If a Prisoner by the Dures that is Hard-usage of the Goaler cometh to untimely Death this is Murder in the Goaler And in the Law implieth Malice in respect of the Cruelty Horn in the Mirror of Justice page 288. saith That it is an Abusion of the Law that Prisoners are put into Irons or other pain before they are attainted See also Cook 3 Inst 34 35. And Horn also pag. 34 36. Rockons the starving of Prisoners by Famine to be among the Crimes of Homicide in a Goaler Which also Cook in his 3 Inst chap. 29. Title of Fellony in Goalers by Dures of Imprisonment c. by Statute and by the Common Law Fol. 91. And next let us see what the Law saith for the Fees due to Goalers The Mirror of Justice p. 288. tells us That its an abusion of the Law that Prisoners or others for them to pay any thing for their Entries into the Goal or for their Going-out This is the Common Law there is no Fee due to them by the Common Law See what the Statutes say The Statute of Westm 1. cha 26. saith That no Sheriff or other Minister of the King shall take Reward for doing their Offices but what they take of the King if they do they shall Suffer double to the party agrieved and be punished at the will of the King Under this word Minister of the King are Included all Escheators Coroners Goulers and the like See Cook 2 Inst fol. 209. affirms And agreeable is Stamf. pl. Coron 49. Nay by the Statute of 4 E. 3. chap. 10. Goalers are to receive Theeves and Fellons taking nothing by way of Fees for the receipt of them So odious is this extortion of Goalers that vety Theeves and Fellons are exempt from payment of Fees And we find in our Law-Books That no Fees are due to any Officer Goaler or Minister of Justice but only those which are given by act of Parliament for if a Goaler will prescribe for any Fees the Presciption is void because against this Act of Parliament made 3 E. 1. being an Act made within time of memory and takes away all manner of pretended Fees before and we are sure none can be raised by colour of prescription since and therefore we find by the Books of 8 E. 4. fol. 18. That a Marshal or Goaler cannot detain any Prisoner after his discharge from the Court but only for the Fees of the Court the Court being not barred by this Statute of Westm 1. aforementioned and if he do he may be indicted for Extortion And agreeable to this is the Book of 21. E. 7. fol. 16. where amongst other things it s held for Law That if a Goaler or Guardian of a Prison takes his Prisoners proper Garment Cloak or Money from

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