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The Second Part of the People's

Antient and Just Liberties asserted, in the
Proceedings against, and Tryals of Tho-
mas Rudyard, Francis Mooi, Richard
Mew, Richard Mayfield, Richard
Knowlman, Gilbert Huccon, Job
Boulton, Richard Thornton, Charles
Banister, John Boulcon, and William

Bayly.
At the Sessions begun and held at the Old-Baily

in London the last Day of the 6th Montb, sna there continued till the 7th Day of the 7th Month next following, in the Tear 1670. against the Arbitrary Procedure of that Couri, and Justices there.

The PREFACE to the READER.

THAT State which would preferve it felf from Ruin and

Destruction is ever to keep its inhabitants pure and clen

from Vice and Debauchery, and their Laws from Vialstion and Corruption; as the first is a way or means to engage 4

2 Chron 13.

conscientious Obedience and observation of the juft and upright Law of God; fo the second, by reason of their due execution, are the Sinews or Sanétuaries that bind the Inhabitants of such State in a perpetual Bond of Safety and Tranquillity: And it's certainly true, where either of these are violated or negle&ted, the Ruin of that State is near at band. There's no better way to incline the Subjects of any State to Morality and Vertue, than that those that fit at the Helm, or have the Government thereof, Mould hold forth clear Examples and Patterns of Piety and Justice in their Lives and Aktions.

Regis ad exemplum totus componitur Orbis, Saith the Poet, The whole World imitate the Example of their "King. And the Divine Historian, Josephus, observes in his EcI clefiaftical History, fol. 209. But (Jaith he) mor

tal men moft usually are corrupted by the untoward Flatteries of wavering Fortune, as ap 18, 19, 20. peareth by King Rehoboam : seeing his Kingdom thus increas'd, he bent himself to all unjust and impious Actions, and contemn'd the Service of God the People also conformd themselves to his Impieties; for the Life of the Subjects is oftentimes perverted by reason of the corrupt and diffolute Life of their Princes: And those that are Inferiors beholding the Riot of their Superiors, will easily be withdrawn from all Modefty, and follow those Vices they profess, as if they had been their profess’d Vertues : For should they do the contrary, they should seem to disannul and mislike the Actions of their Princes-The Subjects addicted them

felves to Impiety, and all Errors; for they would not make U profession of Honesty, for fear they should seem to study the means to be offensive unto the King.

From this lively Pattern, or Representative of our present Times or State, we must wish that Princes in this Age would consider, and put in praltice that Golden Rule of De- W.H's Epistle mofthenes, Bene gubernare, reéte judicare, in his Transjuste facere; to 622mn well, judg rightly, and do lation of Mirjulily; lo should their Kingdoms jiourish, and they ror of Justice. themselves be in high efiimution in the eyes of their People.

And next the Prince's curious cje over his own personal Altions, due beed, care and regard is to be had to hk Representatives in his Courts of Justice ; viz. those Justices whom he constitutes by his Commision to hear and determine betwixt him and his people, that

They be such who by their due Administration and faithful difpenfing $ of the Laws, Justice and Right may be done to all men without respekt of Persons

But

But as Vice and Debauchery have devour'd and eaten up the Nation's Pra&tice of Religion, foarce leaving us the outside shell of Profession! So hath the Corruption of our Laws, and the Violation thereof, turn'd back those wholesom Streams of justice which should naturally flow 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 Ruins of Religion and Piety, as well as thy Civil Rights and Liberties ; which are the two Bases, or Foundstions, on which thy temporary here, and future well-being hereafter, confifts and stands i Calt thy eye upon the Magistrates of the City of London (antiently lliled Caput Regni & Legum) in their Court of Fudicature at the Old Baily, and behold on the one hand Vertue term’d Vice, Sobriety Debauchery, Religion Faction, Pious and Peace. able Assemblies Riots and Routs, and punisk'd as such ; on the ot ber

hand, the antient written Laws denied, and their not Quod non le written ones the Court's Authority: Justice turn'd into go non cre- Gaul, Right and Equity by Will and Power over-ruled. do. Auguft. So that it's now become a Proverb, Tell me thy

Judg, and I'll tell thee thy Law. Said the Learned Cuke, Qui non libere veritatem pronusciat, proditor veritas est ; He who conceals Truth, is a Betrayer thereof. Therefore for the sake of Truth, and the Reader's Be. nefit, were thejë Proceedings made publick, and according to that due Observation and impartial Account, which could be taken and colle&ted of the manner of that Bench's Arraigning and Condemning as well Religion, Piety, Vertue and Sobriety, as Right, Equity, Liberty and Property, with due Comments upon their Procedures from the antiens 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 Court's partial Dealings both towards the Prisoners and Furors ; and also by violence took away what others had adventur'd to colle&t (commanding Some to their Bale-dock) in all probability this ensuing Piece migbi have been much more enlarg'd to thy fatisfa&tion.

But what has been faithfully colleited and observed, and whereaf there were some hundreds of Witnesses, is presented to the World ; tbe Author (defiring rather to spare their Injustice, than wrong their f*dicature) has contralted this Relation to what comes within the limits of his own knowleds and undeniable proofs; but impartially laid Judy. ment to the Line, and discover'd that which miy tend to the Good of bis Countrymen, in the Vindication of the Laws, Íruth, Innocency, Equity, and 7ustice.

Tbe

The Second part of the People's, Artient and

Full Liberties Afferted, &c.

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HE Laws of England, by júft and upright Minifters and Officers faithfally dispens'd, and impartially ad

minister’d, have ever been the Upholders and Preservers of Right and Liberty, the high efteem'd and precious Jewels of its free-born inhabitants. But when unlimited Prerogatives have sprung up, like Mushrooms, out of the fappy

Appréhensions, aspiring Brains, and heady Humours of infe*rior Officers and Ministers; then Tyranny and Oppression

have, under disguise of fuffice and colour of Law, depriva the Commonalty of these things, which they have beld most precious 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 Pérfons, who have undergone with him the le

vere Judgments, or as some call them; the Inquifitory-like | Censures of that

Court; which were so far from Jurk Dield, the Law of Right, or impartial' difpenfing' of Justice, that they are clear contrary and direktly opposite unto them. The Justices of that Court, Judge Cold, thae famous English

, Lawyer, doth well describe in his zd Inft. Folo 55. in a' Poecital Simile of an unjust Judg:

Grofius hic Rhadamanthus babet duriffima Regna,

Castigatque auditque dolos, fubigitque fateri. And in another place :

Leges fixit pretio atque reítit: They punish, then bear, compel to confess; make and mhur Laws de pleasure.

The Occafion of T. R's being envy'd and prosecuted by these Adverfaries of Peace, was because of his faithful defending and conftant appearing (when call'd thereto) for his Clients and Retainders, in such Matters and Caures as Will and Power had forged, and daily did put in execution against them. So that the third of the fourth Month, callid June, the Magi. krates of the City of London, in the name or colour of a Visutenancy or Militia, issued out a Warrant, to break open ла

his

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 could find. Which Warrant was executed by the Soldiers of 'one Captain Holford; and the next day he was

fent to the Goal of Newgate, as a person sufpected and disaffected to the Peace of the Kingdom, as was alledg'd in his Mittimus, under the Hands and Seals of Samuel Starling Mayor, W. Peak, R. Hanson, A. King, J. Dawes, John Cutler, W. Rouwel, A. Stanyon, 7. Tivell, W. Allott, J. Shelder, and T. Davis.

The feventh of the fourth Month, the. Lieutenancy (fo call'd) order'd T. R, to be again brought before then, who without alledging any Crime, or certain Matter that was prov'd against him, tho earnestly requefted 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 comply'd withal, T.R. was remanded to Goal, with a Mittimus under S. Starling and 7. RobinFon's Hand and Seal, pretending therein, That T. R, did ftir up Persons to the Disobedience of Laws, and abetted and encourag'd such as met in unlawful and feditious Conventicles, contrary to the late Act in the 22 Car. 2. of which things, they alledg'd, that they found cause to suspect T. R. to be guilty, Which Cale being brought before the Justices of the

Court of Common-Pleas at Weftminfter, by Habeas Trin.22. C. 2. Corpw; that Court, after folemn debate, gave

their Judgment, That T.R. was unjustly imprifond, and unlawfully detain'd. And fo by them was set at liberty.

His Adversary, viz. S. Starling the Mayor, being incens d at his Deliverance and Discharge, finds out new Stratagems to encompass his ends upon him. So that at a Sessions of the Peace, at the Old Baily, the 29th of the fourth Month, an Indictment is fram'd and prefer'd against T. R. the Tenor whereof was, “ That whereas at a Selfions of the Peace beld “ at Guildhall for the City of London, the 30th of May, the 22d

year of the King, before S. Starling, &c. and other Juftices " of the Peace of the said City, afsign'd, &c. a certain Bill 6 of Indi&tment was exhibited and prefer'd against one Samisel Allingbridge, 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. And whereas one N. Grove and 7. Tillot were “ sworn to give Evidence (in behalf of the King) to the grand Inquest, that T. R intending to hinder and pervert

Juftice

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