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Innocent, Upright, Quiet, and Peaceable People. What proportion is there here betwixt the pretended Fault, and the afseffet Fine ? Provides not the fourteenth Chapter of the Great Charter against such unjult Judgments and partial Censures, which declares, A Freeman thall not be amerced " for a small Fault, but after the quantity of the Fault ; for
a great Fault after the manner thereof? And the Amerce. « ment shall be assess'd by the Oath of honeft Men of the us Vicinage.
Here's Justice and Equity, Righteousness in Judgment, which arfords every man common Right, declares, That all Offenders ought to be amerced by their Neighbourhood, according to the quantity of the Trespass. Wherein have there Judges (who are commanded by the Statute of 25 E. : confirm'd by Pet. Right, 3 Car. 1.) allow'd the Charter before them in Judgment, in all its Points, coci
It may truly be said, that our antient, just, and fundamental Laws, which Coke on the 14th Chapter of Magna Chartæ calls a Law of Mercy, are (as the same Author there writes) now turn’d into a shadow. For by the Wisdom of the Law, these Amercements were instituted to deter both Demandants and Plaintiffs from unjuft Suits, and Tenants and Defendants from unjust Defences; which was the Canse in antient time of fewer Suits : but now we have but a thadow of them. Habemus quidem fenatufconfultum, Cicero. sed in tabulis reconditum de tanquam gladium in vagina repofitum. Yea, our antient Charters are as a 2 Inft.f.28. Sword in its Sheath, which if drawn, are and will be furficient to defend us against all Injuftice, Tyranny, or Oppression whatsoever.
But it's often objected by many of their Adversaries, That the Publick Meeting-Houses, wherein the People call'd Quakers are, and have been of late accuiłom'd to meet, and af remble themselves together, and out of which the Military Forces do from time to time hale and expel them, and by force keep and restrain them from entrance, are by Orders of the King and Council, invested and stablish'd in the now King, and that he has right 'to dispose of them, as his own Inheritance ; yea, to pull them down, fell and burn the Materials of them, as his inferior Officers have lately done by some about London: And thereupon such who come there to assemble together, are Trespassers, Rioters, Routers, vand unlawful Alsemblers, and as such are rightly and duly punilh'd according to the Laws,
To which is answer'd, That by the Antient and Fundamental Laws, which have been already recited, as the 29th of Magna Charta, there is no man's Right, Property or Free-hold shall be taken away from him, but by trial of a Jury, and the Law of the Land. Read Stat. 2 E. 3. 8. s E. 3. 9.. 14 E, 3.14. 28 E. 3. 3. Regist. fol. 186. Coke pla. fol. 456. Coke 2 Inft. 45. 3 Inft. 136.
And see a Statute of latter date, 17 Car. I. cap. 10. entitled, An A&t for Regulating tbe Privy Council, &c. which speaks in this wife: Be it likewise declar'd and enašted by the Aut bority of this prefent Parliament, That neither bis Majesty, nor his Privy Council, have or ought to have any furisdi&ion, Power, or Autbority, by Eng. lith Bill, Petition, Articles, Libel, or any other Arbitrary way webatfoever, to examine or draw into question, determine or dispose of the Lands, Tenements, Hereditaments, Goods or Chattels of any of the Subje&ls of this Kingdom; but that the same ought to be tried and determin'd in the Courts of Justice, and by the ordinary course of Law.
Allo Learned Coke in his 2 Inft. fol. 36. faith, The Commor Law (of which the Great Charter is declaratory) hath loadmeasure the prerogative of a King, as he cannot take or prejudice the Inberitance of any.
So that by the Law of the Land these pretended Offenders are still rightfully possessid of their own Houses and Places of publick Assemblies; and their cruel
Adversaries have no more Property, Right, Interest, or due Claim therein or thereto, than a Pirate has to the peaceable Merchantman's Ship, a Robber has to the innocent Traveller's Purse, or the Wolf to the Blood of the harmless Lamh, And in caso such Laws as these will not preserve that Interest which those people have to their Inheritances and Properties, we can none of us ex. pect to have our Rights or Liberties, Wives or Children, yes, or our Lives secured unto us longer than pleaseth or liketh the Will and Pleasure of cruel and ravenous Adversaries,
It's worthy taking notice of, that after the Jury bad, on fo flight ground, brought in T. R. amongst others guilty in manner and form, how palpably the Court manifefted their Envy and Malice, in the Fines imposed upon him. And the, as is declar'd by the Statute of 20 E. 3. cap. 1. That Justices Mal do even Right to all People, without. Mhewing favour more to one than to another; according to that juft Law, Lev, 19. 15. Ye Shall de no Varighteousness in Judgment; tbou shalt not rejpe&t the Person of the Poor, nor honow the Person of the Mighty, but in Righteonness shalt thou judg thy Neighbour : Yet for a piece of wrüten Parchment, the Value whereof was not ido a thing whereof a Court of Justice could not take cognizance, according to the juft Laws of this Lant, or Damages in case it had been
taken away, or Profit to any man that could have it, not appearing to be any, neither indeed could there be to any Per son living; no course of Law obftructed, admitting all to be true of that Fa&t, which the Mayor gave in, or his Witneffes fwore falsly to the Jury; the Cause of Juftice againft an Of fender not a moment prevented ; these painted Sepulchers of partial Inquisitors fined or cenfurd him an hundred pounds, altho they had before convicted S. Allingbridge, and fined him but five marks for being Principal (yet too much for such an offence) and T. Rudyard being as an Acceffaty muft bé a hun. dred pounds. Whether this be just and equal, let the World be judg; and to proceed from a Person (I mean the Recore der) who has had for many years the Reputation of Honesty and Juftic, which it's feard he carry'd about with him, only as that aspiring Clergyman did his Fishing-Net, which he causid to be laid afide, fo foon as he had procured a Cardinal's Cap, saying, The Fish is caught. And truly so may the City of London say of its Recorder, who has not since he came to be Recorder, manifefted that candid and equal Justice to wards this City, or Citizens in their publick Concerns, as
was expected yea, little but what first passes the Stamp of s our Sword-Aldermen, and Clasfis of the City Lieutenancy:
And since he by experience has found, that fowing and dedicating his Law and Endeavours to their Designs, is that which procures him the best, and moft fruitful Harveft, he ever has been sedulous to plead and study that cause: whose Actions may be the more clearly manifefted to this City and Nation, if weigh’d in the Balance of Justice and Righteousness.
As God's Indignation rested on the Children of Israel, till one Achan's Theft was discover'd and punishd; fo this City suffers fore Judgments, till it has purged it self of these many Achans that lodg in her Bosom, not only robbing her Inhabitants of their Rights, Liberties, and Properties, but also her Chamber of her Treasure, the poor Orphans Security.
Our Predeceffors, out of their prudence and care that equal Justice and Right should be done to all men, by a Statute in the 18 E. 3.3. appointed Judges an Oath, wherein is this Charge; “ And that you take not by your self, or any other “ privily nor apertly, Gift, nor Reward of Gold, nor Silver, “ nor of any other thing that may turn to your profit, unless * it be Meat or Drink, and of small value, of any man that shall " have any Plea or Process hanging before you, as long as the “ Process shall be lo hanging, nor after the same Cause.
If the City Recorder hath forgotten this Oath, his Crime's not the less in breaking it, the Juftice of it remains, and all
Persons in Judicature are to do juftice to all, B1agna
and sell or deny it to none. And Bribery B Cbarta c. 29. such a Crime, that it's punishable wherever it's
found: And it's hoped Justice may reach this Recorder, if it appear that his Fingers have touch'd this io:bidden Babylonijlı Garment.
But in order to discourse of this so fout a Crime, first see the mark which such an A&tion leaves behind it: Fortefce cap. 51. “ Bribery (faith he) is a great Misprition, when any “ man in judicial place takes any Fee, or Pention, Roll, of “ Livery, 'Gift, Reward, or Brocage of any Person, that “ hath to do before him any way, for doing his Office,
or by colour of his Oifice, but of the King only, unless i « be of Meat and Drink, and that of Imall value, upon di
“ vers and grievous Punishnients. Saith Coke, 31 Inft. 145. “ This word Bribery cometh of the french word
“ Briber, which fignifieth to Devour or Eat gre “ dily, a pplied to the devouring of a corrupt Judg; of whom the
“ Pfalmift,speaking in the Perion of God, faith Psalm 13. 4. Qui devirat plebem m-am ficut escam panis : Qui as. Prov. 28. 21. “ noscit faciem in judicio, non bene facit, iste pro Coke 3. Inft. “ buccella panis deferit veritatem. In the 230 145.
“ Year of E. 3. Sir William Thorpe, Chief Justice
“of the King's Bench, for taking of four Per“ fons 50 l. against his Oath, was tried and judg'd upon his
“ acknowledging the Fact, to be hang'd, c. Coke further iets forth, “ That this Offence of
Bribery may be committed by any that hath any Judicial Place (or Ministerial Oifice) either Ecclefiaft
“ cal or Temporal. Non accipies perfonam nec Deut, 16. 19. « munera (and the reason is express'd by the
“ Holy Ghost) quia munera excecant oculos supientum, do mutant verba justorum. If 'Bribery hath so great “ force, as to blind the Eyes of the wise Judg, and to change " the words of the Just: Beatus ille, qui exuit manus fuas ab “ omni munere, Judex debet habere duos Sales; salem fapientia, ne “ fit insipidus, do salem conscientia, ne fit diabolus. Thọ the Bribe be small, yet the Fault is great, and this
“ appeareth by a Record in the Reign of Pasc. 17 E. 3. :: 3. Quia diversi justiciarii ad audiendum e Coram Rege. “ terminandum aflignitz ceperant de Johanne BerRot, 139. Ejje“ ners, qui indi&tatus fuit, 4 1. pro favore babendo Jo. Berner's
“ die deliberationis sud, finem fecerant domino Regi Case, Rot. Pa. “ per (V. M. Marcas : So as they paid for every 7 R. 2. num. « Pound a thousand Marks. See before Sir 12, 13 “Wiliam Thorp's Cafe, Rot. Par. 7 R. 2. The
« Chancellor was accused of a Bribe of ten pounds, and « his Man four pounds and certain Filh ; whích tho the
things are small, yet it had been punilh'd, if it had been
But now to the Fact of the City Recorder, it was obferved, That when he gave Judgment against the several Convicts before related, and affeíš'd the, leveral Fines and Amercements upon the Convicts and others, both for their Hats and pretended Crimes for which they were indi&ted; that fobn Smith, one of the Sheriffs of London, being, as was supposed, overjoy'd to hear the Court's Gratitude in rewarding his pains, for making Proclamations in the Streets, doc. but being somewhat in doubt whether many of the Fines might not fall short, or prove bad Debts, haftily fteps out of his Chair, and going to the Recorder, faid, But howo Mall we come by these Fines ? To which the Recorder answer'd, Give me one of them, and I will secure you all the rest. At which answer, with a seeming Joy and Alacrity, 1. Smith return'd to his Chair, and spoke to some who were supposed his Friends, there present in Court, and audibly declar'd to them, that the Recorder told him, That if we (meaning the Sheriffs) would give him one of the Fines, he would secure we all the rest of them.
Surely this was too open and publick a place to make such Bargains as these : But what wonder, when scarce any Passage or Action of theirs, that Sessions, was in Law and Righteousness any more juftifiable? What Ratification or Confirmation of this piece of contracted Bribery has been ince betwixt them in their private Chambers, we know not; but what's done and acted in publick Courts, we may and caa alsert, and declare to the world.
Some may conjecture, That the Mony which 7. Howel the Recorder afterwards receiv'd, was upon the firft proposed and offered Contract, made in open Court with 7. Smith the Sheriff.
Others may imagine, That it was the Mayor's Benevolence, for justifying his dirty and filthy Actions and Prosecutions before the People at the Sessions. But the case is this, That the Mayor, Sheriffs, F. Robinson, &c. and other the Justices for that Seffions, being met together at Guildhall in a Court of Aldermen, proposed to pay the Recorder for his extraordinary pains, and reward him for his execution of Juftice, or hitting in Judgment at the Old Baily upon the Quakers. 7. Robinson, the chief of that Flock, and not the backwardest to give what's not his own, told the Court, That the Recorder dejer ved an hundred pounds for his Service done at the Old Baily tbe la Seliens. Whereupon the Court consented to pay