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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

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

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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 fulpected 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, Jaba Cutler, W. Rouwel, A. Stanyon, 7. Tivell, W. Allott, 7. Shelden, and T. Davis.

The seventh of the fourth Month, the Lieutenancy (fo calld) order'd T. R. to be again brought before them, who without alledging any Crime, or certain Matter that was prov'd againft him, tho earnestly requested 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, con trary 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 Care being brought before the Justices of the

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

their judgment, That T.R. was unjustly impriSon’d, 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 heid " 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 Inqueft, that T. R intending to hinder and pervert

«

Juftice 1 Juftice 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 Indictment, i “ before it came to the Grand Inqueft, unlawfully, secretly,

« and subtilly, did get, take, and had in his hands, and una

e lawfully did conceal and detain from the Jury, in contempt 1 of the King and his Laws, to the hindrance of Justice and

« due course of Law against Allingbridge, unto the evil example “ of others and againit the King's Peace, Crown and Dig.

nity

To which Indictment T. R. appearing in Court; and pleading not guilty, John Lee told the Bench that there was no cause for that Indi&tment, by reason that S. A. was try'd, convicted, and acquitted the same Sessions that the pretended Indictment miscarry'd. Whereupon the Mayor pulling an Affidavit out of his pocket, that bore date the 29th then inftant, alledg'd, That the Indictment was not drawn to the Cale, and according to the Inftru&tions that he gave to John Lee, and shew'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 shall be cause, and he would ftand to it ; withal affirming, That he had ask'd Chief Justice Keeling's Judgment, and he advis'd him to prosecute it. So the Inftructions were deliver'd to John Lee to draw up another Indiament.

This piece of Practice was in open Court; which mani. fefts their Partiality and unequal Dealings to fuch 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 lo great a Truft, is easily 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

1 Hen. 7. "f their Opinion before-hand upon a Care put, Fol. 27. " and Proofs urg'd on one side in absence of as the Party accus'd : For how (faith he) can they be indifa « ferent who have deliver'd their Opinions before-hand, “ without hearing of the Party accus'd, when a small addi« tion or subftraction may alter the Case? And how doth

it ftand 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 Justice? 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 put

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o the “ the Cafe in absence of the Prisoner, to the Judges. As inay be seen at large in 3 Int. 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 fmali, in no • cafe where the King is Party. Now if the Mayor's

Prosecution, and Juftice Keeling's Ad. vice, be according to the Law, Juftice, their Oaths and Daty, in their respective places, let the World judg.

The Clerk of the Peace drew up another Indi&tment, by the Mayor's Directions, which contain' the Subftance of the former; and further, “That the faid T. R. the said goth of “Mas, coming to the aforesaid Nicholas Grove, faid to him, “ That the Bill against 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 your a fome time this week, and we will go and drink a Pint of Wine s with Mr. Tanner, and contrive to draw up a Might Bil, that « may not be found, and to make an end of the business : In con5 tempt of the King and his Laws, to the hindrance of Juftice, " and perverting of due course of Law against S. d. for his « Offence; to the evil Example of others, and against the 6. Peace of the faid King, his Crown and Dignity."

To this Indi&tment alio 1, R. pleaded, Not guilty, and gave security by Recognizance to try them both the next Sessions.

This Prosecution falling thort fill of the Mayor's purpose, which was to clap T. R. up in a Goal, demands of him to give Security, or at least his own 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 Prison, and by the Mayor's special Order and Direction kept close Prifoner 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 witneffes 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, Ricbærd Mew, Richard Mayfield, Richard Knowlman, 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-Cburch Street,

Londen

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 Sheriffsof 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 feiring wat man's Violence could do unto them, knowing that against the Innocent there was no Law. Yet the Sheriffs singled out of the Afsembly the abovelaid 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 Bisloopsgate Goal; à. 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 ftifle or poison them, that they might be incapacitated' to make a due Defence againft their intolerable and arbitrary Oppression.

The day following they were call'd before the Lieutenancy, 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 brought before the Mayor, and the Officers swearing that they saw then in Whitehart-Court in Grace-Church-street, tho peaceable and quiet (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 appear by their Commitment; the Mayor made their Mittiinus to Nengate, as Rioters: The Tenor whereof was thus.

Lond. ff. Receive into your custody the Bodies of Francis Moor, Richard Mew, Loc. herewith sent you ; being apprehended and brought before me, and charged to have made, and to have been pre' sent on the last Lord's Day at an unlawful Affémbly, Riot and Rout in Whitehart-yard in Grace-Church-street, London; and for want of Sureties for their Good Beb.xviour, and personal Appearance at the next Seffions of Goal-Delivery, to be held for the said City and li. berties : And them safely keep in your cuflody, until they bull be thence legally discharg'd. And this all be your Warr.znt, Hited the 21st of June, 1670. Samuel Starling Mayor, To the Keepers of bis Majesty's Goal of Newgate.

Where

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