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him for that service an hundred Pounds, by the Chamberlain of London. Who doubts of the truth hereof, are desir'd to re pair to the Chamberlain's Office, and they may there find the Order, bearing date the 8th of O&tober, 1670. besides other Orders for 200 l. more to him, within eight months laft paft. An excellent way to ease that Treafury of being overburden'd with Orphans Mony! By which finifter Ends and cursed Difpofitions of its Cash, the Chamber is run fo deeply in debt, that it's almost incredible: And here MO defty engages to conceal, being in hopes that e'er long some more faithful Stewards and Guardians may be appointed to have the Charge and Wardfhip of it, doc.
So that notwithstanding that large Provision which England's Laws have inade for the Safety of its Inhabitants (as in Chap ter 29. of its Charter of Libercies, Nulli vendimm, &c. on which Cake observes, That all the King's. People, Eccleñafti cal and Temporal, Free or Bond, Old or Young, yea, altho he be outlawd or excoinmunicated, or any other without es ception, * to have Justice freely without sale, and fully witbazt 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 inttead of having it fully, they have been unjustly over-ruled by: their Arbitrary and lilegal Sentences and Censures againk them.
Thus are we forced to cast the blame of the Prisoners Sur ferings upon the Authors thereof, which we must attribute either sprung from their Falsness to their Truft, or their is, capacity to execute that weight of Authority committed to them : And surely this Nation throughout is made sensible o nothing more, than the daily Breach of their Liberties, ant! of Violence to the Freedom of their Persons and Eftates, by: fuch boites humani generis, as these opprefled Prisoners have had juft occasion to complain of.
The A&tions of that Seffions were a Riddle to the Englifman, beyond all that this latter monstrous Age hath brougi forth. It's needless to repeat how much the publick Liberty (in denying the Commonalty that Freedom of Jurors the LIT allows, fining and imprisoning Jurors for doing their Duty, imposing Fines arbitrarily without Inqueft upon the freebora men of England, denying to produce that Law which is pre tended to have been transgress’d) is wounded, and how much the Injuries are doubled and trebled upon their Fellow-inembers, and the evil Consequence thereof, which if drawn into precedent, who can count himself free either in Person or Efate? The Consequence of a wicked Sentence (faid Chan
cellor Bacon) was infinitely worse than a wicked Fact, as being held a precedent 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 do urina corrupta eft juftus cadens coram impio: A juft man falling into the hands of the wicked, is like a Fountain troubled with the foot, or the Urine corrupted in the Body
To the honour of which arbitrary Sentences, Censures and severe Judgments have stricken the Commonalty with Amazement, that the Courts of Justice, ordain'd for publick Preservation and Safety, should be wrested to enslave, oppress, ruin and destroy us." How much that Mayor and Recorder have usurp'd upon the Rights and Liberties of these Prisoners, is too apparent in their waving the Rules of Law, and mea. suring out Juftice by their fantastical Discretions and Arbitrary Wills and Power; the consequence of which cannot but be inevitably mischievous and inconvenient to both those that there were censur'd and judg'd evil, and to the People of England. Hence was deriv'd'that excellont Maxim ; melius fub iniquiffima lege quam sub equiffimo arbitrio vivere : That is, it's better to live under a hard and harsh known written Law, where every man may read hu Duty, and know his Offence and Punishment, than under the mildest Arbitrary Government, where the Subje&t is condemnd at the Will 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 specious foever the pretence for these Proceedings may be, we know that the pretence of Necessity to al contrary to the known written Laws, in the Mayor, Recorder, doc. or any others, is but to usher in Tyranny aná Oppreffion.
There appears no other end that this Bench had in this tortious fort of proceeding, than to fill their Sheriffs Pockets with extorted Gain, or arbitrarily to punish a moft innocent and peaceable People, to gratify their Lusts and Malice.
And how many Hourishing States have been ruin'd by the Avarices, Cruelty, and Non-observance of the Laws, by the Governours and Magistrates, were tedious to insert. Only take notice what Coke in his 2 Inft. 388. declares, That three things overthrew the flourishing State of the Roman Empire : Latens odium, juvenile confilium, do privatut lucrum. And obferves there, that it's the greatest Injustice, when the Innocent, under coLour of Justice, whereby be ought to be protected, is oppresíd.
But good Government consisting principally in the efecu. tion of their juft and known Laws, procures Love from the Subject. It's only their Love which supports a State in adverC6
fity: And our defire that such as London's Mayor and Recorder, doc. may not by their actions sow a jealousy among the Fre. born People of England, that it's the intent of our Supreme Magistrates to holi up that common Maxim of all of presling States, That their Interest is to maintain the Publick wealth, and the Particular poor.
Therefore permit not these Persons in their Courts to create the Precedents of Oppression to enlave our Pofterity in future times : to that end hath this been made public, that the Supreme Magistrate and Legislators of this Nation, for the Dignity and Honour of their Rule and Government, and for the safety of the free-born People of this Land, 13. only take care to purge the Benches of Justice from that Par: tiality and Corruption, which hath usurp'd those Places ci great Truft, and punish the Offenders who have been guilty of such enormous Crimes with condign Punishment, answe rable to their respective Offences and horrid Oppreffion; but also command the keeping, observing, and executing in 2! their Courts the known, written, promnlg'd, antient, and fundamental Laws of this Land: And that they may, as the have often avow'd, maintain the Liberties of the Freebor: People of England, in affuring to them, that Salus Populi eft i prema Lex. Can it be reasonably thought, that the Impunity o these that have been so faithless to their Oaths and Trust repos’d in them, shall ever be serviceable to this State c: Magistrates under whom they act ? No, they'll rather tak: courage to betray them, when they find the firft opportunity Therefore like our old Proverb, Tho we love the Treason, bet hate the Traitor : So it hath been the prudence of the wiseft and beft-govern'd States, Never to pardon any man for a nitori Crime committed against the Commonwealth, for any good Seru: before done to it. To which Clement Edmonds, upon Cæsar's Cormentaries, well agrees, fol. 174. It more importeth a Comme: wealth to punish an ill Memter, than to reward a good A&. So tha. State or Coinmonwealth that will keep it self in good order and free from ruin, muft cherish Impeachments and Accusa tions of the People against those that thro Ambition, Avarice, Pride, Cruelty, or Oppreffion, seek to destroy the Liberty and Property of the People ; so shall they keep the State free from Envy, and secure from Supplantation. And the Free-born People of this Nation being thus preferr'd and secur'd against Tyranny and Oppression, will never seek after other Liberty, but rejoice under their own Governours, For as it never turn’d to any State's advantage to gain the People's Hatred, so it's the moft ftable lafting Government,
under which the People rejoice and live cheerfully; according to that Maxim of Camiúns the Roman, Firmiffimum imperium quo obedientes gaudent.
An' APP'EN D'1 X, by way of Dialogue, in
a Plain and Friendly. Discourse between a Student in the Laws and Liberries of England, and a true Citizexi of London: Whereby is fibem’d, That a Jury of twelve. Men are the only proper Judges of their Neighbours Actions, and may by the establisb'd Laws of England give a Verdict of such Facts, according to their Consciences, without incurring Fine and Imprisonment, &c.
7 Hither are you hafting, out so fast this morna
ing,' my Friend? Cit. Truly, about some earnest Business, that will not admit of delay.
Stud. I know you to be à Man of business, but in my apprehension you seem more than usually in hafte, now I am come to give you a visit.
Cit. I acknowledg your kindness and fince you are so opportunély come, I would request your Advice in what I an going about.
Stud. Y ea, moft freely: But what's the Case ?
Cit. I am summond to appear to morrow, as a Juryman, at the Old Baily, but would willingly get my self excus’d, and : was but now going out to one of the Sheriffs, my old Ac.
quaintance, to intreat his Favour, to do me that kindness; ! but it's probable you know a nearei' way to effect such a mata ter, and may direct me.
ś ud. 'It's very like, did it much concern you, I might get your discharge : But why should not you rather serve your Country in these publick concerns ? If all men were of your mind, how should Right be done in Courts of Juftice?
Cit. There's many others that are better skill'd in such matters, who are more fit to perform that Office; as for my · part, I have ever so loved Peace that I have forborn going to Law, tho it has been much to my loss. C62
Stud. That's no Excuse; for the more peaceable man you have been, the more fit you are for such Services. The Office of á Jury-man is conscientiously to judg his Neighbour, who needs no more Law than is easily learned to direct him therein.
Cit. I should willingly appear according to this Summon, but that the Mayor's and Recorder's carriage to Juries was such the laft Seffions, that I question whether I could undergo so much hardship, and not endanger my Life; fo I find that all my Neighbours, as well as I, are endeavouring to get them. selves excusd.
Stud. Then it's a Reftraint from your Trade that deters you?
Cit. No truly, that's not all; but to be kept without Meat and Drink two days and nights together, and not to be allow'd the privilege of Nature's cafement, and after all, to be caft into Newgate, is hard service.
Stud. I must confess this was very hard, yet it fhould not deter you from doing your Duty: and if thote Jurors suffer'd unjuftly (which I question not) their Service was the easier to them,
Cit. Iam of opinion they were unjuftly dealt withal; many of them I know, who had the Repure of Honefty, especially those four, who yet lie in Durance : but I may suffer by reason of my Ignorance of the Duty and Office of a Jury-man; therefore on that account principally I desire to be excus'd my appearance, which if I understood as well as many do, with all my heart I would do my service,
Stud. Now you speak honestly like an English-man; and in case that be all your cause of scruple, it may soon be remov'd if you will take my Advice.
čit. Yes, with all my heart: Then pray, let me have your Answer to fome 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 Satisfa&tion you desire.
cit. Since Jurors are thus of late menaced, threatned, fined, and imprison'd by our Recorder at the Old Baily; pray wherein lies their Privilege and Safety? What say the Fundamental Laws of England to such Practices ?
Stud. The Jurors Privileges, and every English-man's by them, as they are very considerable, so the Laws have very well guarded them againft Usurpation, as I shall fhew you.
Cit. But pray first let me know their Antiquity. I have heard it said, That Tryals by Juries have been of long ftanding in this Nation,