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The Second Part of the People's Artient and Full
Liberties afferted, &c.
HE Laws of England, by júft and upright Minifters and Officers faithfally dispens'd, and impartially ad
ministerd, 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 inferior Officers and Ministers; then Tyranny and Oppression have, under disguise of fuftice and colour of Law, depriva the Conmonafty 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 nåture from those other persons who have 'undergone with him the levere Judgments, or as fome' call them, the Inquifitory-like Censures of that Court; which were so far from Juris Dield, the Law of Right, or impartial dispensing of Justice, that they are clear contrary and directly opposite unto them. The Justices of that Court, Judge Coke, thae famous English, Lawyer, doth well describe in his ad inft. fol. 55. in a 'Poetical Simile of an unjust fudg:
Grofius hic Rhadamanthus babet duriffima Regna,
51 And in another place :
Leges fixit pretio atque refitits .. They punish, then bent, compel to confefs; make dnd. That Laws dt pleasure, ::The Occafion of T. R's being envy'd'and prosecuted by these Adversaries of Peace, was because of his faithful defending and conftant appearing (when call'd thereto) for his Clients and Retainders, in such Matters and Causes 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 Magitrates of the City of London, in the name or colour of a Trisutenancy or Mílitia, 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 could find. Which Warrant was executed by the Soldiers of one Captain Holford; and the next day he was
sent 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, Fan Cutler, W. Rouwel, A. Stanyon, 7. Tivell, W. Allott, 7. Sheldon, and T. Davis.
The seventh of the fourth Month, the. Lieutenancy (fo call’d) orderd T. R. to be again brought before then, who without alledging any Crime, or certain Matter that was prov'd against him, tho earnestly requested by him that he might hear his Accufation, 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. Roberson'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 A& in the 22 Car. 2. of which things, they alledg’d, that they found cause to suspelt T.R. to be guilty. which Cafe being brought before the Justices of the
Court of Coinmon-Pleas at Westminster, by Habeas Trin.22. G. 2. Corpus; that Court, after folemn debate, gave their Judgment, That T.R. was unjustly impri
. Sonid, and unlawfully detain'd. And so by them was set ac 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 againft T. R. the Tenor whereof was, " That whereas at a Selfions of the Peace held « at Guildhall for the City of London, the 30th of May, the 22d “ year of the King, before S. Starling, &c, and other fuftices “ of the Peace of the said City, affign’d, &c. a certain Bill “ of Indičtment was exhibited and prefer'd against one Samuel “ Allingbridge, late of London, Stationer, written in Parchment, “ for speaking these seditious and menacing Words, viz. The “ first man that hall disturb Mr. Vincent, will never go out of the “ House alive. And whereas one N. Grove and J. Tillot were “ sworn to give Evidence (in behalf of the King) to the “ grand Inqueft, that T. R intending to hinder and persert
« Juftice u nity.
« Justice and due course of Law against S. A. for speaking
« the feditious and menacing words atoresaid, the 30th of : “ May, with Force and Arms, doc. the said Bill of Indi&tment, " before it came to the Grand Inqueft, unlawfully, secretly, “ and subtilly, did get, take, and had in his hands, and unes lawfully 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 examp'e « of others, and againt the King's Peace, Crown and Dig
To which Indi&tment T. R. appearing in Court, and pleading not guilty, John Lee cold the Bench that there was no cause for that Indi&tment, by reason that S. A. was try'd, convicted, and acquitted the fame Sessions that the pretended
Indictment miscarry'd.. Whereupon the Mayor pulling an | Affidavit out of his pocket, that bore date the 29th then iniftant, alledgods That the Indictment was not drawn to the i Case, and according to the Inftru&tions that he gave to John
Les, and lew'd that Affidavit to Archer, one of the Juftices of the Common-Pleas;- who when he had perus'd and read it lover, acquainted the Mayor, that the matter therein contain'd was no cause for an IndiEtment. To which the Mayor answer'd, That it is cause, and thall be cause, and he would ftand to it; withal affirming, That he had aska Chief Justice Keeling's Judgnient, and he advis'd him to prosecute it. So the Inftructions were deliver'd to John Lee to draw up another Indi&tment,
This piece of Practice was in open Court; which mani. fests their Partiality and unequal Dealings to such whom they convened before them, to receive Justice at their hands. And how little they (who sat there as Judges) regarded their Oaths, and the Duty of that place of to great a Truft, is casily resolved, weighing them in the Ballance of Law and Juftice. Said the Learned Coke in his 3 Inst. fol. 29. “ The Judges ought not to deliver
i Hen. 7. « their Opinion before-hand upon a Care put, Fol. 27. “ and Proofs urg'd on one side in absence of « the Party accus'd : For how (faith he) can they be indif
ferent who have deliver'd their Opinions before-hand, “ without hearing of the Party accus'd, when a small addis « cion or subftraction may alter the Case? And how doth " it stand with their Oaths, that are sworn, That they shall " well and lawfully serve our Lord the King, and his People " in the Office of a Juitice? And they should do equal Law, " and execution of Right to all his Subjects. Yea, he faith further, “ That the King's Council shall not so much as puc Аа 2
« The “ the Case in absence of the Prisoner, to the Judges. As may be seen at large in 3 Inft. fol.30. And the third 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 fmall, in no " case where the King is Party.
Now if the Mayor's Prosecution, and Juftice Keeling's Ad. vice, be according to the Law, Justice, their Oaths and Daty, in their respective places, let the World judg.
- The Clerk of the Peace drew up another Indjament, by the Mayor's Directions, which contain'd the Subftance of the former; and further, “ That the said T. R. the said goth of “May, coming to the aforesaid Nicholas Grove, faid to him, “ That the Bill againft S. A. was loft, and that N. S. Thould " attend next Saturday ; and that T. R. unlawfully and
craftily did say to N. G. these words, viz. I will come to jak " fome time this week, and we will go and drink a Pint of Wine
with Mr. Tanner, and contrive to draw up a Might Bil, that “ may not be found, and so make an end of the bufinefs : In con"tempt of the King and his Laws, to the hindrance of Juftice, "and perverting of due course of Law againft S. A. for his « Offence; to the evil Example of others, and againft the "Peace of the said King, his Crown and Dignity.
To this Indi&tment alio T, R. pleaded, Not guilty, and gave security by Recognizance to try them both the next Seffions.
This Prosecution falling thort ftill of the Mayor's purpose, which was to clap T. A. up in a Goal, demands of him to give Security, or at least his owo Recognizance for his good Behaviour; being the same thing that the Judges lately had given their Opinion against.
Therefore he refus d that piece of Bondage (yet offering the Court, in case of Health, to appear once every day at the Mayor's House, there to answer any matter that should be juftly charg'd against him.) Whereupon he was committed to Prifon, and by the Mayor's Special Order and Direction kept close Prisoner in Newgate.
During the time of this unequal Prosecution of T. R. many others felt the weight of the Mayor's Injustice, and were made witnesses of various Stratagems used and practised by him and his Brethren, upon several Citizens of London; and likewise upon several other innocent peaceable men.
Upon the 19th of the 4th Month, Francis
. Moor, Ric bard 'Men, Richard Mayfield, Richard Know lman, and Gilbert Hutton, with divers others of their Friends, being (as at other times) met together (to wait upon and worship the living God in Spirit and in Truth) at Whitehart-Court in Grace-Cburcb-Street,
London (being forcibly kept out of their own House by Watchmen and Constables). after they had there peaceably continued together, about the space of one hour, the two 'Sheriffs of London, with their Guard of Officers and Soldiers, came in and made a Proclamation by one of their Servants, That all Persons there present should depart. Which being not regarded by those who peaceably came there, to give to God the things that were God's; they continu’d' in peaceable manner together without distraction, not fearing wat man's Violence could do unto them, knowing that against the Innocent. there was no Law. Yet the Sheriffs tingled out of the Assembly the abovesaid Persons, and delivering them into the cuftody of one Whiting, Beadle to the Bridg. Ward (who was a Person very diligent in such Services) and his Watchmen, who carried them by the Sheriffs order to Billopsgate Goal; a. Place, who ever has had the experience thereof, can witness its filthy Noisomness: And a horrid shame it is, that the Magiftrates of this City should make no better Provision, than to incarcerate peaceable Men, and their FellowCreatures, in places as it were on purpose to stifle or poison them, that they might be incapacitated to make a due Defence againft their intolerable and arbitrary Oppression.
The day following they were calld before the Lieutenan. cy, or Council of War, at Guildhall, who wanting proof and witness of some hoftile Action done by them, they were remanded back to Prison.
The 21st of the 4th Month, they being bronght before the Mayor, and the Officers swearing that they saw then in Whitehart-Court in Grace-Church-street, tho peaceable and quitt (as the Sheriffs being then present acknowledg'd) vet because the Sheriffs of London had taken up and apprehended them, as Persons present after their Proclamation made, as may apperi by their Commitment; the Mayor made their Mittimus to
Nepogate, as Rioters: The Tenor whereof was thus. 3
Lond. ff. Receive into your custody the Bidies of Francis Moor, Richard Mew, Loc. berewith sent you ; being apprehended and brought before me, and charged to have made, and to bave been present on the last Lord's Day at an unlawful Affembly, Riot and Roue in Whitehart-yard in Grace-Church-street, London; and for want of Sureties for their Good Behaviour, and personal Appearance at the next sessions of Goal-Delivery, to be held for the said City and Li. berties And them fafely keep in your custody, until they all be thence legally discharg'd. And this Mall be your Warrant, Rited the 21st of June, 1670. Samuel Starling Mayor, To the Keepers of bis Majesty's Goal of Newgate.
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