Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	justice_n	writ_n	1,630	5	9.1550	5	false

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

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

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

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.

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

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-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

the rest of the Prisoners whom they had sworn to try and deliver according to Evidence Thereupon most Arbitrarily and Illegally against our Fundamental Laws Magna Charta the great Preservers of our Lives Freedom and Property This Court imposed Fines of forty Marks a piece upon every of the Iury men and committed them to the Goal of New-Gace until they should pay the same Which Proceedings are Innovations in the tryal of men for their Lives and Liberties and the usage of such arbitrary and illegal Power is of dangerous consequence to the Lives and Liberties of the people of England and tends to the introducing of an Arbitrary Government as was resolved by the high Court of Parliament of England Decemb. 11. 1667. in the Case of Iustice Keeling All Ages have had a venerable esteem of Juries and 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 sacra tenentes Juranto c. Twelve just and honest grave men were to be in every hundred to judge their Neighbours And thereupon in affirmance of this upright Way of Trials by twelve men were the Charter of our Liberties made and from time to time confirmed and how this Trial excels others 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 the true matter of Fact in issue That every one of the Jurors agree together in the matter in issue before they give their Verdict which is the Foundation on which the Judgment of the Court is grounded for Ex facto jus oritur as saith Cook 2. Inst 49. And in the 29th Chapter of our great Charter it s said No man shall be taken imprisoned c. but per legale Juditium by lawfull Judgment of his equals shewing that anciently the Jurors were sole Judges to pronounce and give judgment against their Neighbours and such whom they had in charge according unto that Myrror of Justice written by Andrew Horn in the time of Edw. 1. chap. 1. Sect. 3. It was assented unto that free Tenants should meet together in the Counties Hundreds and the Lords Courts if they were not especially exempted to do such Suits and there judge their Neighbours Hence we may observe and impartially conclude 1. That a Jury of twelve men are and anciently were the proper Judges of their Neighbours Actions Mis-deeds or Mis-carriages which is founded on Reason equity because the Neighbourhood is best acquainted with and has the most certain knowledge both of the Persons and Actions there done and Acted 2. The Law requiring that twelve good and honest men should agree as one before they determine their Neighbour to be guilty or not guilty of the Fact or Matter charged against him shew us not onely that the Fundamental Laws of this Land have appointed its Inhabitants mercifull Judges but also such who should be the proper sole and ultimate Judges in the matters charged against any man to acquit or condemn according to the Laws as in their Consciences they should find Equitable Just and Righteous 3. The high Esteem our Ancestors have ever had of these twelve Righteous Judges in former Ages bespeaks the little regard and honour that the Recorder of London the Mayor and his Brethren have shewed to their Predecessors and Antiquity as also their low Esteem of the English-mans Liberties which in all Ages and Generations have been mostly preserved and secured by weighing mens Actions in the equal Ballance of their Good and Honest Neighbours Judgments 4. We may observe how little regard this Court has had of the performance of such Oathes which they impose upon men at pleasure for notwithstanding they had sworn twelve good and lawful men of the City of London Well and truly to try and true deliverance make between the King and the Prisoners at the Bar Yet they refuse and deny these Jurors to perform that Oath which they had so solemnly taken manifesting to the World that the Bench assumes a Power and Jurisdiction equal with the Church of Rome to enforce and absolve from Oaths and Covenants at their Wills and Pleasures 5. It s most apparent how little this Court minded or regarded their own Duty Oaths Commission to do Equal Law and Execution of Right without respect to persons according to the Laws of this Land For when the Prisoners had given their consent to be tryed and the Jury had sworn to try without and against the consent of both or either of them or any Act done whereby Common Right should be denied the Prisoners or Justice to the Jurors to seperate them each from other is such a piece of Tortious Justice which there is no Law or Custom of England can or will justifie or maintain 6. We cannot but own and acknowledge the Parliament of the Commons of England their industrious care and prudence to preserve our Lives and Liberties from the violence of Usurpation and practice of Arbitrary and Illegal Powers over Juries who are sworn to try and deliver their Neighbours according to Evidence of Fact committed And since once in their prudence they thought meet just and righteous to check the Author of such Arbitrary Innovations as fining of Jurors for their Verdicts we hope they will take occasion at this time to manifest their care and tenderness of the People of England whose Representatives they are in bringing these latter Malefactors to condign punishment that for the future Justice may run down its proper Channels be faithfully executed and equally dispenced according to our Antient and Fundamental Laws and the Laudable Customs of this our Land Whilst the Recorder thus treated this Jury of the Citizens of London the Sheriffs had summoned a new Pannel to appear at Justice Hall the 5th of the 7th Moneth the Prisoners on whom the former Jury had sworn to pass their Verdicts upon viz. John Boulton William Bayly Fra Moor Tho. Rudyard c. were called again into Court in the afternoon and each of them fined as formerly twenty Nobles a piece for their Hats A President or Foundation for such Judgments Fines and Amercements we challenge the Cities Recorder and the conceitedly learned Mayor to shew or make out to the World by the Laws of England So soon as the Recorder had finished or passed these new sort of Judgments or rather Inquisitory Censures upon or against the Prisoners He purused the Pannel of the last summoned Jury and gave directions to the Clark to call them over who as it was observed pickt here and there such persons that were judged the most likely to answer the malicious Ends and horrid Designs of that Bench calling not the Iury-men in order

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

Allenbridg were punishable by Law for the House mentioned in the Indictment might be Vincent's dwelling House so Burglary to break into it without lawfull Warrant Then as to the Evidence to the first Indictment 1. No proof that Grove ever read the Indictment which indeed he could not against S. A. so he swore peremtorily upon the Clarks information which was a false Oath 2. That T. R. took the Bill out of Lee's hand could not be for the Officer keeps the Bills of Indictments when the Witnesses are sworn and not the Clark of the Peace 3. Improbable that Grove should know that Bill amongst so many more but impossible that he should see the Bill taken away knowing it and not mention one word of it all that day no not when the Bill was pretended to be wanting 4. Not sworn he took it out of Court 5. Not sworn that Justice or that any course of Law was hindred against S. A. 6. As to the acknowledging the Indictment to Tillot it was not three hours before the Trial who asking T. R. whether he ever read the Indictment T. R. answered he did and left it in Forman's hand why 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 c. so nothing being done in prosecution of the words it was only discourse 2. Not sworn that the advise was taken 3. Improbable that T. R. should thus discourse to a Stranger whom before he had never seen 4. That he should undertake to go to Tanner that was as much a Stranger to him 5. T. R. never came afterward to Grove nor spoke with Tanner but S. Allingbridge was tryed and convicted the very same Week in an Adjournment of the same Sessions Now whether there was either sufficient Cause for an Indictment or apparent Proofs to Evidence the Truth of these upon which T. R. was tryed or whether all these pretented Crimes and Misdemeanours were not the product of the Mayors malicious envious and inveterate spirit causlesly carryed on against him who not only appears to be the first Informer but the Maintainer and Prosecutor of the Quarrel as also Evidence and Judge upon let every unprejudiced person seriously considering give his Judgment The Jury was commanded to withdraw which for the formalities sake they did and not longer staying then about a quarter of an hour returned again and brought in the nine persons that were tryed guilty in manner and form as they stood indicted which some of these Jurors had over their Cups sworn they would do if ever they come to try the Quakers John Boulten and William Bayly were the last called to their Trial who were indicted several For that they such a day and year and place with Force and Arms c. with Two hundred more Persons were assembled together to disturb the Kings Peace and being so assembled they unlawfully took upon themselves to Preach and Teach to the People then and there assembled and congregated by reason whereof a great concourse of People did remain together in contempt of the King and his Laws to the disturbance of his Peace to the terror and disturbance of his Subjects unto the evil example of others and against the Kings Crown and Dignity c. Not guilty being pleaded the Informers Evidence being produced swore That they saw or heard them speak or preach to the People which was sufficient for the Court to make out the whole Indictments for the Recorder said the Jury were only Judges of matter of Fact so that if the Jury have Evidence they Spoke or Preached the Court sayes that must be with Force and Arms unlawfully and tumulruously to disturb the Kings Peace and that Tumults of People were occasioned thereby and continued together in contempt of the King and his Laws to the disturbance of his Peace terror of his People evil Example of others and against the Kings Crown and Dignity A ready way to perjure Jurors and oppress the Innocent These are the Concomitants of Speaking in the Name of the Living God and worshipping him in the Wayes of his own appointments And although the Prisoners desired to see the Law that their Adversaries pretend they have broken they shall have neither that nor reason produced that might give satisfaction either to the Prisoners or Spectators the Lord Cook gave this as a Rule viz. Incivile est parte una perspecta tota re non cognita de ca Judicare That it was uncivil seeing only one part to give Judgment on the whole matter Yet how little regarded these Jury men or the Court to know the whole matter before they gave Judgment upon the whole Charge Surely this Jury was packed to be cut-throats to their own Liberties and Reputations also or else they would have better regarded what they undertook to find guilty every one in manner and sorm and yet not the tenth part of any Indictment proved to be sworn truely to try according to Evidence and yet to find that for which no Evidence was given Is it possible that they should commit this horrid perjury out of a slavish fear debaucht principle and horrid partiallity and yet be quiet from the terrors of Conscience nay for which we are sure they cannot free themselves without serious repentance At the close of the Sessions all the Prisoners who had been found guilty by this Jury of the Benches were called down to the Sessions-House where all day they expected to be called into Court to receive Judgment being prepared also to give in their Exceptions in Arrest of Judgment purposed to be delivered to the Recorder in writing but of this expected Defence they were all prevented the Bench giving their Judgments or Censures without calling any of the Prisoners to hear them the Tenor of which as appears by the Newgate Book are in this manner John Bonlton fined forty Mark William Bayly fined thirty one pound thirteen shillings four pence William Penn forty Mark Francis Moor fined twenty Mark Richard Mew Richard Mayfeild Rich. Knowlman Gilbert Hutton Ric. Thornton Charles

Banister Job Boulton T. Rudyard every of them fined twenty Mark a piece Ezekel Archer fined forty Mark for divers evil Carriages and Contempts in words and deeds by them severally openly voluntarily and obstinately committed in and towards the Court. And the Court gave further Judgments or Censures viz. Francis Moor R. M. R M. R. K. G. H. R. T. C. B. I. B. Katherine Everett I. Boulton and W. Bayly fined every of them twenty Marks apiece and T. R. fined a hundred pound being convict of several Trespasses and Contempts and to be committed to Prison until every of them pay their several respective Fines The Court understanding that their Goal of New-Gate was so full of Prisoners that there could be no tollerable entertainment for these new Convicts discoursed with the Keepers where to Imprison them so the Bench having an account that out of the Dogg by New-Gate that very Sessions there dyed two persons of the Spotted-feaver or Plague one the Master of the House the other a Prisoner whom Jo. Robinson Alderman had there sent for refusing to take an Oath prescribed in the 3d of Ja. whereupon they were commanded to be Imprisoned there and a Keeper set upon them to prevent their going abroad upon the most urgent occasion Where through the Goodness of the Almighty they were preserved in Health beyond the expectation of their Friends or hopes of their Enemies who doubtless out of an 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 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 justifie 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 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 Judgment according to Law Now the Iury being the sole Iudges 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 then 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 Jury-man 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 your self against those Enemies of your Countries Peace and keep a good Conscience towards God and man First The Oath that 's administred to you at the Sessions is That you shall well and truly try and true deliverance make between our Soveraign 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 Iurors 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 mens Lives Liberties and Properties which the Law counts so dear to every man This practice is too customary among Iurors 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 Iury that were sworn on the Prisoners last Sessions and tryed T. R. F. M. c. Therefore have a care of such Fellow-Iurors Secondly Such a slavish Fear attends many Iurors 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 Iurors were appointed for no other purpose but to eccho 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 Sheriffs Pockets who have purchased all the fines from the King which the last Sessions amounted to no less then 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 Cripple-Gate 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 carelesness 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 Iury are Iudges 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 joyned 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 Tryal 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 ought 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 it self with the Fact the Jury are not compellable to finde 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 c. Justices of Assize shall not compel Jurors to say precisely that is to determine a matin Law And Cook commenting upon this Statute 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 mixt and upon all Issues joyned general and special the Jury might find the special matter of Fact pertinent and tending only to the Issue joyned 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 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 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 felloniously struck him the Jury finding percussit tantum Only that he struct him the Verdict was adjudged good c. 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 then they have your Oaths as well for Law as Fact and if the Judgments 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 shew you As 1st Observe the Form wherein they draw up their Indictments that is subtil to place a small matter of Fact as they call it in the midst of a whole Sea of their Decriminating and Obnoxious Termes 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 Subtilly Falatiously in contempt of the King and his Laws to the Disturbance and Affrighting the Kings Liege People to the evil Example of others against the Kings 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 High-way in peaceable Manner or Assembling in their own House there perswading 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 by I. H. your Recorder do cloath 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 pittying 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 Mouthes 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 onely but the Clark of the Peace recording it demands a further confirmation saying thus Well then 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 Fore-man 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 Routous manner did such an Act Deceitfully Subtilly Illegally Fallatiously in Contempt of the King and his Laws to disturb or affright the Kings Liege People against the Kings 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 subtilty on the one hand and the Juries ignorance on the other they upon their Oaths having cloathed the Innocent Matter or Fact in issue with the Sambenitish Garment the Court with safety passes most severe Judgments Censures upon such Prisoners all because the Jury have upon their Oaths as was said before made that ●nnocent 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 then the Fact in isssue was evidenced unto them Cit. Then I perceive those subtil Fellows make use of our Oaths as it s fabled of the M●nkey Did by the Cats 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 Villany 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 then 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 Iury who are his Iudges 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 Iury kept ●gnorant whether the Offence charged to be done by