« PreviousContinue »
Tyranny and Oppression in all Ages ( endeavouring to extirpate and violate our Laws, the equal Diftributer of every man's Property) detected and laid open. These I would not have one true English-man want in his House; the consulting with which at vacant hours, will so accommodate and furnih him with the Knowledg and Understanding of his own inhefent Rights and Liberties, that he may be able to defend, not only himself from Violence and Oppression, but also his Neighbours from Tort and Wrong. Prov. 29. 7. Cognoscit juftus caufam tenuium, improbus non mi
madvertit ut cognofcat.
Appendix of the Jury-man's Duty and Rights, had been earlier presented to thy view, but that the difficulty of a Printing-Preis is such (by reason of their frequent Searching and Examination) that it's no easy matter to bring forth Truth to Light without Hazard. As the Author hath, on the one hand, avoided the Censure of a flattering Hypocrite (that with his Mouth destroyeth his Neighbour) so, on the other hand, the Lafh of the Wise Man, Prov.24. 24. He that faith unta the Wicked, Thou art Righteous, bim shall the people curse, Nations Shall abhor bim.
What Violences and Oppressions may, at the rate of that Court's proceedings (againit these Prisoners) be committed, not only upon the Citizens of London, but upon every Frecman of England, are apparent to the Judicious.
Have not such Arbitrary and Illegal Proceedings upon Jurors (the Staff of the English-man's Liberty) been condemn'd by the Commons of England in Parliament, and declar'd, That they were of evil Consequence to the Lives and Liberties of the People, (which thing these Prisoners have sadly experienc'd) and that they tended to the Introducing of an Arbitrary Government? Which no suber Man questions, yet no sufficient Caution to that Court.
O Wicked Times! O Miserable Age! What! Injustice a. vow'd, Oppression become familiar, yea Legal; Oaths of Jurors in publick Courts, folemnly made and taken in the Presence of God and Man, by a Bench of Justice absolv'd, or de nying them to perform what they had enforc'd them to Swear? Must we by our Laws, under grievous Penalties, abjure the See
of Rome, and our Magiftrates tread its fteps in assuming the like Prerogative? And not only so, but commending their Idolatrous, Cruel, Tyrannical and Inquisitory Practices, upon fober and religious People ; as John Howel the Recorder, frequently did that Seffions.
What's the end these persons aim at in their Judicature? It's too apparent, not Jalus Populi ) the Commonalties Good: What Religious Persuasion do they defend or stand for? In punishing Dissenters from the National Church, we know they commend the Papifts, and spare the Atheists. Never were there any so wicked or cursed Betrayers of Right, Liberty, Juftice or Religion in any Age, but they would pretend to be Patronizers of them: Yea, it's recorded, That the Thieves and Vagabond Jews getting power into their hands (a Presage and Fore-runner of the sore and lamentable Calamities that befel that People) chose themselves a High-Prieft, and usurp'd Power in Jerusalem, to give Laws and oppress at pleasure: of whom Josephus thus writes, pag.637. D.“ But they us'd the “ Temple as a Caftle and Defence for themselves against the " People, and made the Sanctuary a place for them to exer.
cise Tyranny in.
Consider well, and weigh the A&tions of S. Starling, London's Mayor ; John Edwards and John Smith its Sheriffs, the Head and Chieftains of the People's Oppreffors, in enforcing their Officers, Serjeants and Servants, to be Informers and Profecutors against the Innocent, by their Proclamations making peaceable people Rioters; and thereby not only to forfeit their Rights and Liberties, but these their Adversaries affuming Authority to demand what part of their Estate they shall think meet. And judg if these practices run not parallel to those of Albinus, President of Judea : which Josepbus thus impartially relates ; “ Who was over all as a Tyrant, and a Prince of Thieves; and “ he us’d the help of his Guard to rob the meaner sort-Nay, “ he was not asham’d to proclaim it throughout the whole “ Country, Lawful for any one that would, to Rob and Steal, “ so that they would bring him a part of their Booty. Fol. 623. E. do F.
And altho he had (like these late Oppressors) Power for his Law, and Authority to enforce what he willed upon the People; yet the Divine Hiftorian terms Albinus but a Tyrant, and his Actions Theft and Robbery.
Thus are poor England's quiet, peaceable and religious Inhabitants torn in pieces by those Sons of Belial; their Lives, Liberties and Eftates made preys, to gratify their Lufts, Avarice, and Wills and Pleasures, and where do these Violences and Opprerlions arise, but from the undervaluing and vilifying of our Good,
Votes Parl. Antient, Wholefom and Fundamental Laws, our 11 Dec.1667. great Charter of Liberties, the Preferver of our
Lives, Freedom and Property ? However too many of the Minds and Spirits of our Country: men are besotted, through that Deluge of Vice and Debauchery, that has over-spread and cover'd the Face of our Land; sure we are, that the right Noble and Virtuous will ever have a high Efteem of those Laws, that were not only dear to our Anceitors
, but famous throughout the World, for an equal Balance of Joftice, whereby every man's Right and Liberty might be weighd
It's observable what that Roman Senator, c. S. Saturninus (2 Lover of Vertue, Liberty, and wholesom Laws) declaims in the Senate: (faith he) “ For to them that know what Vertue is, it « is no small Felicity to live one Hour in Freedom of Mind, and « in a free Country, govern'd by such Laws, which in times pait « have made our Commonwealth to flouris--For in regard a of the present time, there is not any thing that we ought « more earneftly to effect,than to live vertuoully; for only Ver
: « tue is the thing that confirmeth Men in their Liberty. u know how great Mischiefs Tyranny do ordinarily breed in
a publick State ; for they utterly extinguish all Vertue, and « deprive Free-men of that perfect Magnanimity that may be " in them, and teach both to Flatter and to Fear; for that « the Commonwealth is abandond, not to the Wisdom of the “ Laws, but to the Fury of the intemperate Governors.
And complaining of Julius Cæfar's Violation of that edurse of Law whereby the State was polliced: (says he) “ In subyert“ ing the Laws to his good liking, and himself to his partico« lar desires, there is not any kind of Misery and Mischief " that hath not overthrown our City.
Whence we may observe and conclude, that all these horrid Oppressions and Violences, that have been in Ages paft inflicted upon, and offer'd to any People, State or Commonwealth, they have naturally flown from the want of Vertue, or from the de bauch'd Practice of the Magistrates, governing and judging the People by Will and Power, and not by establith Laws: which is the Case of these Prisoners, who yet lie in Durance at the Will of their cruel Adversaries ; because, as one faith,
Sepultum est jus in Regno, praua Voluntas,
Vis da Violentia magis regnat quam Judicium. (The following Report of Mr. Bufbell's Cafe, by that Great Man the Lord Chief Justice V AUG HAN, having a near Relation to the first (especially) of the foregoing Tryals, the Reader is here presented with it, on the Defire of fome Gentlemen, who wish well to this Collection.]
HE King's Writ of Habeas Corpus, Dat. 9 die Novembris
22 Car. 2. Issued out of this Court, directed to the then Sheriffs of London, to have the Body of Edward Bufhell, by them 7
detain'd in Prison, together with the Day and Cause of his Cap- tion and Detention, on Friday then next following, before this
Court, to do and receive as the Court fall conlider ; as, also to have then the said Writ in Court. Of which Writ, Patient Ward and Dannet Foorth, then Sheriffs
of London, made the Return following, annex'd to the
said Writ. That at the King's Court, of a Session of Oyer and Terminer, held for the City of London at Justice-Hall in the Old-Baily, London, in the Parish of St. Sepulchres, in Farringdon-Ward without, London, on Wednesday 31 die August 22 Car. 2. before Sir Samuel Starling, then Mayor of London, and divers other his Majesty's Juftices, by virtue of his Majesty's Letters Patents under the Great Seal of England, to them, any Four or more of them, directed to enquire, hear and determine according to the Te nor of the said Letters Patents, the Offences therein specified: and, amongst others, the Offences of unlawful Congregating, and Assemblies within the Limits appointed by the said Commission within the said City, as well within Liberties as without. Edward Bushell, the Prisoner at the Bar, was committed to the Goal of Newgate, to be there safely kept under the Custody of John Smith Knight, and James Edwards, then Sheriffs of the said City, by virtue of a certain order then and there made by the said Court of Şeffions, as followeth.
eft per Curiam hic quod Finis 40 Marcarum separatim ponatur super Edwardum Bushell, and other Eleven persons particularly nam'd, and upon every of them, being the Twelve Jurors then and there sworn, and charg'd to Try several illues then and there joyn'd between our Lord the King and William Penn and William Mead, for certain Trespasses, Cons tempts, unlawful Affemblies and Tumults, made and perpetrated by the said Penn and Mead, together with divers other unknown persons, to the Number of Three hundred, Unlaw. fully and Tumultuously affembled in Grace-Churcb-ftreet in Lon. dan, to the Disturbance of the Peace whereof, the said Penn Dd4
and Mead were then indicted before the said Justices. Upon which Indictment the said Penn and Mead pleaded they were not Guilty, for that they the said Jurors, then and there the faid William Penn and William Mead of the said Trespasses, Contempts, unlawful Assemblies and Tumults, contra Legem bujuk Regni Angliæ, & contra plenam do manifestam Evidentiam, do contra dire&tionem Curiæ in materia Legis hic de din super præmiffis eifdem Juratoribus versus præfatos Will. Penn do Win. Mead in Curia hic aperte datam da declaratam, de præmiffis ins impofitis ir ladi&tamento predi&to acquietaverunt in Contemptum Domini Regis Am legumque fuarum do ad magnum Impedimentum do ob/tru&tistem Juftitia, necnon ad malum exemplum omnium aliorum furatorus in confimili casu delinquentium. Ac super inde modo ulterius ordi natum est per Curiam bic quod præfatus Edw. Bufhell capiatart committatur Gaola di&ti Domini Regis de Newgate, ibidem remanjarus quousque solvat di&to Domino Regi 40 Marcas, pro fine fuo prediko, vel delibera'us fuerit per debitum Legis cursum. Ac eodem Edwardo Bushell, ad tunc d' ibidem capto do commiffo exiftente ad di&am Gaolam de Newgate, sub Cuftodia prafat. Johannis Smith & Jacobi Edwards ad tunc Vic. Civitatis Lond. predi&t. & in eorum cuftodia in Gaola predi&t. existente do remanente virtute Ordinis prædi&t. iidem Johannis Smith & Jacobus Edwards, poftea in eorum exitu ab Offcio Vic. Civitatis Lond. prædi&t. scilicet 28 die Septembris Anno 22. supra di&o eundem Edwardum Bufhell, in di&a Gaola di&ti Domini Regis adtunc existentem, deliberaverunt nobis præfatis nunc Vicecomitibus Civitatis prædi&. in eadem Gaola salvo cuftodiendum secundum tenorem & effe&tum Ordinis
prædi&id. Et quia prædi&tus Edwardus nondum solvit di&to Domino Regi
predi&tum finem 40 Marcarum, nos iidem Vicecomites Corpus ejusdem Edwardi in Gaola prædi&ta hucusque detinuimus ; do bæc eft Causa Captionis do Detentionis prefati Edwardi,cajus quidem Corpus coram præfatis Justitiariis paratum habemus.
The Writ of Habeas Corpus is now the moft usual Remedy by which a Man is restor'd again to his Liberty, if he have been against Law depriv'd of it.
Therefore the Writ commands the Day, and the Cause of the Caption and Detaining of the Prisoner, to be certify'd upon the Return ; which if not done, the Court cannot postibly judg whether the Cause of the Commitment and Detainer be according to Law, or againft it.
Therefore the Cause of Imprisonment ought by the Return to appear as specifically and certainly to the Judges of the Return, as it did appear to the Court, or person authoriz'd to commit; else the Return is insufficient, and the Consequence must be,
That either the Prisoner, because the Cause return'd of his Imprisonment is too General, muft be discharg’d: whenas if the