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ing so assembled, they unlawfully took upon themselves to Preach and Teach to the People, then and there assembled and congregated; by redfon whereof, a great concourse of People did remain toget ber in contempt of the King and his Laws, to the disturbance of his Peace, to the terfor and disturbance of his Subje&ts, into the evil Example of others, And against the King's Crown and Dignity, &c.
Not guilty being pleaded, the Informer's Evidence being produc'd, 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 Evi dence they spoke or preach'd, the Court says that must be with Force and Arms, unlawfully and tumultuously to difturb the King's Peace, and that Tumults of People were occasion d thereby, and continued together, in contempt of the King and his Laws, to the disturbance of bis Peace, terror of his People, evil Example of others, and against the King's Crown and Dignity: A ready way to perjure Jurors, and oppress the Innocent.
These are the Concomitants of Speaking in the Name of the Living God, and worshipping him in the Ways of his own Appointment. And altho the Prisoners defir'd to see the Law that their adversaries pretend they have broken, they shall have neither that, nor Reason produc'd that might give fatil
. faction either to the Prisoners or Spectators. The Lord Cook gave this as a Rule, viz. Incivile ci, parte una perspe&ta, tota te non cognita, de ea 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 Çoort, to know the whole Matter before they gave Judgment upon the whole Charge! Surely this Jury was pack'd to be Cut-throats to their own Liberties, and Reputations alss, or else they would have better regarded what they undertook; to find guilty every one in manner and form, and yet not the tenth part of any Indit, ment prov'd; to be sworn truly to try according to Evidence, and yet to find that for which no Evidence was given. Is it possible that they should commit this horrid Perjury out of a Havish Fear, debauch'd Principle, and horrid Pártiality, and yet be quiet froni the Terrors of Conscience ; nay, for which we are sure they cannot free themselves without serious Re: pentance?
At the close of the Seffions, all the Prisoners (who had been found guilty by this Jury of the Benches) were call'd down the Scihons-house, where all day they expected to be call'd in to Court to receive Judgment, being prepar'd also to give in their Exceptions in Arrest of Judgment, purposed to be deliver'd
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 Boulton fined forty Mark, William Bayly fine! thirty one pound thirteeri Phillings four pence, William Pem forty Mark, Francis Moor fined twenty Mark, Richard Niew, Richard Mayfeild, Richard Knowlmar, Gilbert Hutton, Richard Thornton, Charles Barister, fob Boulton, Thomas Rudyard, every of them fined twenty Mark a-piece; Ezekiel Archer fined forty Mark, for divers evil Carriages and Contempts in Words ant Deeds by them severally, openly, voluntarily and obstinately committed in and towards the Court. And the Court gave further, Julgments or Cenfures, viz. Francis Niosr, R. 14. Ř. M. R.K. G. H. R.T. C.B. 1. B. Katherine Everett, f. Boulton, and W.Bayly, fined every of them twenty Marks a-piece, and I. R. fine. a hundred pound, being convicted of several Trespasses and Contempts, ant to be committed to Prison until every of them pay their several respective Fines.
The Court undertanding that their Goal of Newz.ate was so full of Prisoners, that there could be, 110 tolerable Ent stainment for these new Convicts, discours'd with the Keepers where to imprifon them : so the Bench having an account, that out of the Dog, by Nerogilte, that very Sessions there died two persons of the Spotted-Fever, or Plague, (one, the Master of the House, the other a Prisoner, whom 70. Robinson, Alterman, had there sent for refusing to take an Oath, prescribd in the 3d of J.L.) whereupon they were conmanded to be innprison'd there, and a Keeper set upon them to prevent their going abroad upon the most urgent occafion. Where through the Goolness of the Almighty, they were preservd in Health, beyond the expectation of their Friends, or hopes of their Enemies, who doubtless out of an evil Eni and Purpose sent them thither, into an infected House.
But that Goalers, of what degree or ftate foever, 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 oblig'd under great Penalties to observe, and the People of this Land to preserve, as their Liberties, left by such neglect Slavery be inTensibly drawn upon them.
By the Common Law we find, Quod cura ad continendos non ad puniendos haberi debet, as Bratton lib. 3. fol. 105. Goalers are ordain'd to hold Prisoners, not to punish them. For Imprisonment by the Law
B b 4
is (neither ought to be) no more than a bare Rettraint 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 Inft. 91. faith, That if the Britton Goaler keep the Prisoners more streightly than he ought of
right, whereof the Prisoner dieth, this is Felony in the
Goaler by the Common Law, And this is the Cause, That Flet. lib,l, if a Prisoner die in Prison, the Coroner ought to fit upon chap. 26, him. See also the said cook, Fol. 34. Cap. Petty.
Treason, how Prisoners are to be us'd; wherein is also an Account of an Indi&tment of a Goaler for evil Usage of his Prisoner, Fol. 35, in Trin. Term, 7 E. 3. cor, Rege rot. 44.— Præsentat, quod ubi quidam Robertus Bayhens, de Tavelly captus fuit, do in prisona Caftri Lincoln detentus per quodam debito Statut, mercatorii in cuftodia Tho. Boteler, Constabularii Castri de Link: coln ibide predi&t. Tho. Boteler posuit ipfum Robestum in pro
fundo Gaole inter Felones, ubi Prisons, contra formam StaI E. 3. tuti, doc. Et eadem profundo detinuit, quousque idem Ro cap. 7. bertus fecit finem cum eo de 40 s. quos ei solvit per Extorsio
nem. That whereas one R. B. of T, was taken and detain'd in the Prison of Lincoln Castle, for a certain Debt of
Statute-Merchant, in the Custody of T. B. Constable of the . Caftle of L. aforesaid ; That the said T. B. put the said R. in. to the Common-Goal amongst Thieves, in a hilthy Prison, contrary to the form of the Statute, doc. and there detain'd him, till he had paid him a fine of 40 s. Whereupon Cook makes this Observation, So as hereby it appeareth, where the Law requirett that a Prisoner Nould be kept (in falva & arata cuftodia) that, In safe and sure Custody ; yet that must be without any pain ar tormen to the Prisoner.
So Co. 3 Inft, 52. faith, If a Prisoner by the Durefs, that is, Hard Hage of the Goaler, cometh to untimely Death, this is Murder in th: Goaler ; And in the Law implieth Malice, in respect of the Cruelty,
Horn, in the Mirror of Justice, pag. 288. saith, That it is a Abution of the Law, that Prisoners are put into Irons, or other pain, before they are Attainted. See also Cook 3 Inft. 34, 35.
And Horn also, pag. 34, 36, reckons the ftarVox plebis, par, ving of Prisoners by Famine, to be among the 1. fol. 55,56. Crimes of Homicide in a Gualer.
Which also Cook in his 3 Inft. chap. 29. Ti ile of Felony in Goalers by Duress of Imprisonment, doc, by Ştatute and by the Common Law. Fol. 91.
And next, let us see what the Law faith for the Fees due to Goalers. The Mirror of Justice, pag. 283. tells us, That
: it's an Abusion of the Law, that Prisoners, or others for them,
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. chap. 26. faith, " That no Sheriff, « or other Minifter 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 aggriev'd, and be “ punish'd at the Will of the King. Under this word Minister of the King, are included all Escheators, Coroners, Goalers, and the like. See Coke 2 Int. fol. 209. affirms. And agreeable is Stamf. pl. Coron. 49. Nay by the Statute of 4 E. 3. chap. 10. Goalers are to receive Thieves and Felons, taking nothing by way of Fees for the receipt of them. So odious is this Exo tortion of Goalers, that very Thieves and Felons 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 Prescription is void, because aị gainst this A&t 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 rais’d 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 bis Discharge from the Court, but only for the Fees of the Court (the Court being not barred by this Statute of Westm. 1. aforemention'd) 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 Prisoner's proper Garment, Cloke, or Mony from him, it is a Trespass, and the Goaler Mall 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 Ad 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 in dicted of Extortion, and upon conviction to be remov'd from his Office ; and if his Prisoner by Constraint, Menace, or Duress be enforc'd to give him Mony, he may recover that Mony against the Goaler again, in an Action of the Case at Cominon Law.
Item, The King confidering the great Perju- Stat. 23 H.6. ry, Extortion, and Oppresjon, which be and chap. 1o, have been in this Realm by his Sheriffs, Un
378 The Tryal of T. Rudyard, F. Moor, &c.
der-Sheriffs, and their Clerks, Bailiffs, and Stat.4H.4,5. Keepers of Prisons, doc. hath ordain'd by Au
thority aforesaid, in eschewing all such ÉxtorRaft. predict. tion, Perjury, and Oppression, that no Sheriff fol. 318.
Tall let to farm in any manner his County,
nor any of his Bailiwicks. Nor that any of Co. pred.365. the said Officers and Ministers, by occasion, or
under colour of their o.fice, shall take any 21 H. 7. f.16. 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 attached, for the omitting of any Arreft 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 attached) for fine, Fee, Suit of Prison, Mainprise, letting to Bail, or shewing any Ease or Favour (to any such Perfon so arrested or to be attached for their Reward or Prefit, 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 PriRaft, predi&t. fon, if he be committed to ward, 4 d.
And that all Sheriffs, Bailiffs, Goalers, or
any other Officer or Ministers, which do conStat. 21 E. o. trary to this Ordinance, in any point of the
fame, shall lose to the Party in this behalf indamag’d or griev'd, i his treble Damages, and thall forfeit the Sum of 401. for every such Ofence, the one Moiety to the King, the other to the Prosecutor, to be recover'd at Com. mon Law, in either of the Courts of King's-Bench, or Common Pleas at Westminster.
This is a perfect Account of the Goalers Fecs in all cases, where Persons are laid in Prison upon Civil Mátters and Causes; which Fee of 4 d. is more than any other Statute or Law allows them to take from their Prisoners: But in such Cases where the King is Party, it's ftablishd, “ That the “ Prisoners in all the King's Prisons should be maintain’d at 6 the King's Charge and out of the King's Revenues, according to the old Law of the Land; much less to have Mony extorted from him by the Goaler. But look into the Prisons in and about the City of London, what horrible Opprelfions, Extortions, and Cruelties, are exercised upon the Free-born
E People of England, yea in moft Prisons throughout this King dom.
Which exceflive Amercements and Fines (after all their 0:er parc. Dealings, lawless Proceedings, and arbitrary Cirrus towards the Prisoners from first to laft) do manifeft in evidence to the World, their Malice and Envy against an