Juftice and due courfe of Law against S. A. for fpeaking "the feditious and menacing words aforefaid, the 30th of "May, with Force and Arms, . the faid Bill of Indictment, " before it came to the Grand Inqueft, unlawfully, fecretly, "and fubtilly, did get, take, and had in his hands, and unslawfully did conceal and detain from the Jury, in contempt 2 "of the King and his Laws, to the hindrance of Justice and due courfe of Law against Allingbridge, unto the evil example "of others, and against 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 caufe for that Indictment, by reafon that S. A. was try'd, convicted, and acquitted the fame Seffions that the pretended Indictment mifcarry'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 Cafe, and according to the Inftructions that he gave to John Lee, and fhew'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 Indictment. To which the Mayor anfwer'd, That it is caufe, and fhall be caufe, and he would ftand to it; withal affirming, That he had ask'd Chief Juftice Keeling's Judgment, and he advis'd him to profecute it. So the Inftructions were deliver'd to John Lee to draw up another Indictment.

This piece of Practice was in open Court; which manifefts their Partiality and unequal Dealings to fuch whom they convened before them, to receive Juftice at their hands. And how little they (who fat there as Judges) regarded their Oaths, and the Duty of that place of fo great a Truft, is eafily refolved, weighing them in the Ballance of Law and Justice. Said the Learned Coke in his 3 Inft. Jol. 29. "The Judges ought not to deliver their Opinion before-hand upon a Cafe put, "and Proofs urg'd on one fide 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 fmall addi"tion or fubftraction may alter the Cafe? And how doth

1 Hen. 7.

Fol. 27.

it ftand with their Oaths, that are fworn, That they fhall "well and lawfully ferve our Lord the King, and his People "in the Office of a Juftice? And they fhould do equal Law, and execution of Right to all his Subjects. Yea, he faith further," That the King's Council fhall not fo much as put the

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"the Cafe in abfence of the Prisoner, to the Judges. As may be feen at large in 3 Inft. fol. 30. And the third Statute of 18 Edward 3. in the Judges Oath it's faid, " And that ye give no Advice nor Counsel to no man great nor fmall, in no cafe where the King is Party.

Now if the Mayor's Profecution, and Juftice Keeling's Advice, be according to the Law, Juftice, their Oaths and Duty, in their refpective 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 faid T. R. the said goth of "May, coming to the aforefaid Nicholas Grove, faid to him, "That the Bill againft S. A. was loft, and that N. S. fhould "attend next Saturday; and that T. R. unlawfully and "craftily did fay to N. G. thefe words, viz. I will come to you "fome time this week, and we will go and drink a Pint of Wine "with Mr. Tanner, and contrive to draw up a flight Bill, that "may not be found, and so make an end of the business: In contempt of the King and his Laws, to the hindrance of Justice, "and perverting of due courfe of Law againft S. 4. for his Offence; to the evil Example of others, and against the "Peace of the faid King, his Crown and Dignity.

To this Indictment alio 7. R. pleaded, Not guilty, and gave fecurity by Recognizance to try them both the next Seffions.

This Profecution falling fhort ftill of the Mayor's purpose, which was to clap 7. R. up in a Goal, demands of him to give Security, or at leaft his own Recognizance for his good Behaviour; being the fame thing that the Judges lately had given their Opinion againft.

Therefore he refus'd that piece of Bondage (yet offering the Court, in cafe of Health, to appear once every day at the Mayor's Houfe, there to answer any matter that should be juftly charg'd against him.) Whereupon he was committed to Prifon, and by the Mayor's fpecial 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 Injuftice, and were made witnesses of various Stratagems ufed and practifed by him and his Brethren, upon feveral Citizens of London ; and likewise upon several other innocent peaceable men.

Upon the 19th of the 4th Month, Francis Moor, Richard 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-Church-Street,

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London (being forcibly kept out of their own Houfe by Watchmen and Conftables) 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 prefent fhould depart. Which being not regarded by thofe who peaceably came there, to give to God the things that were God's; they continu'd in peaceable manner together without diftraction, not fearing what man's Violence could do unto them, knowing that against the Innocent there was no Law. Yet the Sheriffs fingled out of the Affembly the abovefaid Perfons, and delivering them into the cuftody of one Whiting, Beadle to the Bridg-Ward (who was a Perfon very diligent in fuch Services) and his Watchmen, who carried them by the Sheriffs order to Bishopsgate Goal; a. Place, who ever has had the experience thereof, can witness its filthy Noifomnefs: And a horrid fhame it is, that the Magiftrates of this City should make no better Provifion, than to incarcerate peaceable Men, and their FellowCreatures, in places as it were on purpose to ftifle or poifon them, that they might be incapacitated to make a due Defence againft their intolerable and arbitrary Oppreffion.

The day following they were call'd before the Lieutenancy, or Council of War, at Guildhall, who wanting proof and witnefs of fome hoftile Action done by them, they were remanded back to Prison.

The 21ft of the 4th Month, they being brought before the Mayor, and the Officers fwearing that they faw them in Whitehart-Court in Grace-Church-street, tho peaceable and quiet (as the Sheriffs being then prefent acknowledg'd) yet becaufe the Sheriffs of London had taken up and apprehended them, as Perfons prefent after their Proclamation made, as may appear by their Commitment; the Mayor made their Mittimus to Newgate, as Rioters: The Tenor whereof was thus.

Lond. ff. Receive into your cuftody the Bodies of Francis Moor, Richard Mew, c. herewith fent you; being apprehended and brought before me, and charged to have made, and to have been prefent on the Laft Lord's Day at an unlawful Affembly, Riot and Rout in Whitehart-yard in Grace-Church-ftreet, London; and for want of Sureties for their Good Behaviour, and perfonal Appearance at the next Seffions of Goal-Delivery, to be held for the faid City and Liberties: And them fafely keep in your cuflody, until they shall be thence legally discharg'd. And this shall be your Warrant, dated the 21st of June, 1670. Samuel Starling Mayor, To the Keepers of bis Majefty's Goal of Newgate.

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Where they were kept till the Seffions following, with feveral others of their Friends, which were fent to them as like Offenders.

The Court order'd thefe, with Richard Thornton, Charles Banifter, Job Boulton, Ezekiel Archer, Margery Fann, and Samuel Slaughter, whom the Sheriffs had taken up from their Meeting in Bishopsgate-freet, to be indicted; the Tenor of which Indictment was, "That they together with others were met at Lon

don, &c. with Force and Arms in a riotous manner, br. << to the disturbance of the Peace of our Lord the King; and "that they, together with about 200 more unknown, did "affemble in an unlawful manner, riotoufly, routoufly, and tu

multuously, under colour and pretence of Religious Worship, "in other manner than was practis'd in the Church of Eng"Land; and that after three Proclamations then and there, "in the name of the King, by John Smith Esquire, and James "Edwards Esquire, then and yet Sheriffs of the City of Lon "don, were made, That all Perfons there prefent fhould from "thence depart forthwith, upon their peril, the faid F. M.

c. together with the other 200 unknown, then and there, by the space of half a quarter of an hour, did remain and <continue together, riotoully, routoufly, and unlawfully, in " contempt of the King and his Laws, to the difturbance of "his Peace, to the evil example of all others in the like cafe "Offenders, and againft the Peace of the faid King, bis "Crown and Dignity, &c.

Juftice Moreton fitting on the Bench, the Prisoners were call'd to the Bar; and as they pafs'd along, the Goalers would have taken off their Hats, but Juftice Moreton commanded they should be let alone, and faid he would fine them five Marks a-piece for their Contempt to the Court, and so urg'd them to plead, Guilty, or Not Guilty; to which they generally answer'd, That they were not Guilty of the breach of any Juft Law. So the Court took that for a Plea, as not guilty, and ask'd them whether they would be try'd presently or traverse; to which they anfwer'd, That if they might have a Copy of their Indictment, they would be try'd next day. The Court reply'd, That they muft either try it presently, without a Copy of the Indictment, or traverse till next Sef fions, and then they fhould have a Copy thereof, and Juftice done them. To which they agreed, and pafs'd their words to appear the next Seffions.

Soon after that Seffions, the Military Forces (who were every First Day order'd by the Lieutenancy to guard as well the publick Meeting-House in Grace-Church-street, as their Mer

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cenary Priefts, whom the Bishops fent thither, to read their Church-Homilies and Prayers) apprehended and took into cuftody William Bayly, whom they carry'd before the Mayor; and upon Information of the Prieft (who on that day was to have officiated in that place, had he had courage to have perform'd what he had undertook) the Mayor committed W. B. to Newgate, for oppofing the Prieft in officiating his Funttion, as was alledg'd in his Mittimus; whenas the faid W. B. had not at any time either feen or spoke with the faid Prieft.

Not long after, John Boulton an antient Citizen of London of seventy Years of Age, and very well known to be a quiet and peaceable Perfon, was fent by the Mayor to Newgate, as a riotous Perfon. And foon after him, William Penn and William Mead, all which were taken up by arm'd Forces, from their publick and peaceable Affemblies, and committed to the Pri fon of Newgate.

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The laft of the 6th Month, the Seffions of Oyer and Terminer beginning at the Old Baily, not only fuch, who the former Senons had been indicted, but thofe newly committed, attended the Court; where conftantly waiting three days in expectation of being call'd to their Tryals, and according to the Laws of this Land to be condemn'd or acquitted, were never once call'd until the 3d of the 7th Month; at which time the Bench of Juftices confifted of Samuel Starling Mayor, John Robinson, Richard Ford, Jofeph Sheldon, George Waterman, William Peak, Thomas Bloodworth, Aldermen of London; John Howel the City Recorder; together with Richard Brown, who pretending himself to be fomething learned in the Law, came there to fecond the Recorder, and with much confidence took upon him to examine Perfons according to his Will and Pleafure, as if he had been a Juftice in Commiffion for London. Jokn Smith and James Edwards were Sheriffs. O yes being made, and Silence commanded, William Penn, William Mead, John Boulton, William Bayly, Francis Moor, Richard Mew, Richard Mayfield, Richard Knowlman, Gilbert Hutton, Richard Thornton, Charles Banifter, Job Boulton, Ezekiel Archer, and Thomas Rudyard, were all call'd into the Court; and not giving that Cap-Reverence and Hat Honour to the Place, which the Haman-like-spirited there upon the Bench expected, and look'd for, the Mayor with great Indignation, openly amongft his Brethren, firft exprefs'd himself against them (calling out to the Officers who attended the Court) faying, Pox on them, knock them all down. Surely fuch Language as this was very ill becoming that Court of Juftice, and efpecially to proceed from the chief Magiftrate of this Imperial City. It's faid, He bears the Sword

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