Stat.4H.4,5. Raft. predict. fol. 318. Co. pred.365. 21 H. 7. f.16. der-Sheriffs, and their Clerks, Bailiffs, and Keepers of Prifons, c. hath ordain'd by Authority aforefaid, in efchewing all fuch Extortion, Perjury, and Oppreffion, that no Sheriff fhall let to Farm in any manner his County, nor any of his Bailiwicks. Nor that any of the faid Officers and Minifters, by occafion, or under colour of their Office, fhall take any other thing by them, nor by any other Perfo to their use, profit, or avail; if any perfon by them or any of them to be arrested or attached, for the omitting of any Arreft or Attachment to be made by their Body, or of any Perfon by them, or any of them (by force or colour of their Office arrefted or attached) for Fine, Fee, Suit of Prifon, Mainprife, letting to Bail, or fhewing any Eafe or Favour (to any fuch Perfon fo arrefted or to be attached for their Reward or Prefit, but fuch as follow; that is to say, for the Sheriff 20 d. the Bailiff which maketh the Arreft or Attachment, 4 d. and the Goaler of the Pri fon, if he be committed to ward, 4 d.And that all Sheriffs, Bailiffs, Goalers, or any other Officer or Minifters, which do con trary to this Ordinance, in any point of the fame, fhall fofe to the Party in this behalf indamag'd or griev'd, his treble Damages, and fhall forfeit the Sum of 401. for every fuch Offence, the one Moiety to the King, the other to the Profecutor, to be recover'd at Com mon Law, in either of the Courts of King's-Bench, or Comm Pleas at Weftminster. Raft. predict. fol. 371. Stat. 21 E. o. This is a perfect Account of the Goalers Fecs in all cafes, where Perfons are laid in Prifon upon Civil Matters and Caufes; which Fee of 4 d. is more than any other Statute of Law allows them to take from their Prifoners: But in fuch Cafes where the King is Party, it's ftablish'd," That the "Prisoners in all the King's Prifons fhould be maintain'd at the King's Charge and out of the King's Revenues, accor ding to the old Law of the Land; much lefs to have Mony , extorted from him by the Goaler. But look into the Prisons in and about the City of London, what horrible Oppreffions, Extortions, and Cruelties, are exercifed upon the Free-born People of England, yea in moft Prifons throughout this Kingdom. Which exceffive Amercements and Fines (after all their other part Dealings, lawlefs Proceedings, and arbitrary Carrits towards the Prifoners from firft to laft) do manifeft and evidence to the World, their Malice and Envy against an Inno Innocent, Upright, Quiet, and Peaceable People. What proportion is there here betwixt the pretended Fault, and the affeffed Fine? Provides not the fourteenth Chapter of the Great Charter against fuch unjuft Judgments and partial Cenfures, which declares, A Freeman thall not be amerced "for a fmall Fault, but after the quantity of the Fault; for a great Fault after the manner thereof? And the Amercement fhall be affefs'd by the Oath of honeft Men of the < Vicinage. ઃઃ Here's Juftice and Equity, Righteoufnefs in Judgment," which affords every man common Right, declares, That all Offenders ought to be amerced by their Neighbourhood, ac cording to the quantity of the Trefpafs. Wherein have thefe Judges (who are commanded by the Statute of 25 E. 1. confirm'd by Pet. Right, 3 Car. 1.) allow'd the Charter before them in Judgment, in all its Points, &c. It may truly be faid, that our antient, juft, and fundamen-tal Laws, which Coke on the 14th Chapter of Magna Charta calls a Law of Mercy, are (as the fame Author there writes) now turn'd into a fhadow. For by the Wisdom of the Law, thefe Amercements were inftituted to deter both Demandants and Plaintiffs from unjuft Suits, and Tenants and Defendants from unjuft Defences; which was the Canfe in antient time of fewer Suits: but now we have but a fhadow of them. Habemus quidem fenatufconfultum, Jed in tabulis reconditum & tanquam gladium in vagina repofitum. Yea, our antient Charters are as a Sword in its Sheath, which if drawn, are and will be fufficient to defend us against all Injustice, Tyranny, or Oppreffion whatsoever. Cicero. 2 Inft.f.28. But it's often objected by many of their Adverfaries, That the Publick Meeting-Houfes, wherein the People call'd Quakers are, and have been of late accustom'd to meet, and affemble themselves together, and out of which the Military Forces do from time to time hale and expel them, and by force keep and reftrain them from entrance, are by Orders of the King and Council, invefted and ftablish'd in the now King, and that he has right to difpofe 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 fuch who come there to affemble together, are Trefpaffers, Rioters, Routers, and unlawful Affemblers, and as fuch are rightly and duly punifh'd according to the Laws. Το To which is anfwer'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 hall 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. Regift. fol. 186. Coke pla. fol. 456. Coke 2 Inft. 45. 3. Inft. 136. And fee a Statute of latter date, 17 Car. 1. cap. 10. entitled, An Ad for Regulating the Privy Council, &c. which speaks in this wife: Be it likewife declar'd and enacted by the Authority of this Prefent Parliament, That neither his Majefty, nor his Privy Council, have or ought to have any Jurifdi&ion, Power, or Authority, by EngJifh Bill, Petition, Articles, Libel, or any other Arbitrary way whatfoever, to examine or draw into question, determine or dispose of the Lands, Tenements, Hereditaments, Goods or Chattels of any of the Subjects of this Kingdom; but that the fame ought to be tried and determin'd in the Courts of Juftice, and by the ordinary courfe of Law. Alfo Learned Coke in his 2 Inft. fol. 36. faith, The Common Law (of which the Great Charter is declaratory) hath fo admeasured the Prerogative of a King, as he cannot take or prejudice the Inheritance of any. So that by the Law of the Land thefe pretended Offenders are ftill rightfully poffefs'd of their own Houfes and Places of publick Affemblies; and their cruel Adverfaries have no more Property, Right, Intereft, 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 Lamb, And in cafe fuch Laws as these will not preserve that Intereft which thofe People have to their Inheritances and Properties, we can none of us expect to have our Rights or Liberties, Wives or Children, yea, or our Lives fecured 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 had, on fo flight ground, brought in T. R. among ft others guilty in manner and form, how palpably the Court manifefted their Envy and Malice, in the Fines impofed upon him. And tho, as is declar'd by the Statute of 20 E. 3. cap. 1. That Juftices shall do even Right to all People, without. Shewing favour more to one than to another; according to that juft Law, Lev. 19. 15. Ye shall do no Unrighteousness in Judgment; thou shalt not respect the Perfon of the Poor, nor honour the Perfon of the Mighty, but in Righteousness halt thou judg thy Neighbour: Yet for a piece of wriiten Parchment, the Value whereof was not 1 d. a thing whereof a Court of Justice could not take cognizance, according to the juft Laws of this Land, or Damages in cafe it had been taken taken away, or Profit to any man that could have it, not appearing to be any, neither indeed could there be to any Per fon living; no courfe of Law obftructed, admitting all to be true of that Fact, which the Mayor gave in, or his Witneffes fwore falfly to the Jury; the Caufe of Juftice againft an Offender not a moment prevented; these painted Sepulchers or partial Inquifitors fined or cenfur'd him an hundred pounds, altho they had before convicted S. Alling bridge, and fined him but five marks for being Principal (yet too much for fuch an offence) and T. Rudyard being as an Acceffary must be a hun dred pounds. Whether this be juft and equal, let the World be judg; and to proceed from a Perfon (I mean the Recor der) who has had for many years the Reputation of Honefty and Juftice, which it's fear'd he carry'd about with him, only as that afpiring Clergyman did his Fifhing-Net, which he caus'd to be laid afide, fo foon as he had procured a Cardinal's Cap, faying, The Fish is caught. And truly fo may the City of London fay of its Recorder, who has not fince he came to be Recorder, manifefted that candid and equal Juftice towards this City, or Citizens in their publick Concerns, as was expected; yea, little but what firft paffes the Stamp of our Sword-Aldermen, and Claffis of the City Lieutenancy: And fince he by experience has found, that sowing and dedicating his Law and Endeavours to their Designs, is that which procures him the beft, and moft fruitful Harveft, he ever has been fedulous to plead and ftudy that caufe: whofe Actions may be the more clearly manifefted to this City and Nation, if weigh'd in the Ballance of Juftice and Righteousness. As God's Indignation refted on the Children of Ifrael, till one Achan's Theft was difcover'd and punish'd; fo this City fuffers fore Judgments, till it has purged it felf of these many Achans that lodg in her Bofom, not only robbing her Inhabi tants of their Rights, Liberties, and Properties, but also her Chamber of her Treafure, the poor Orphans Security. Our Predeceffors, out of their prudence and care that equal Juftice and Right fhould 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 felf, 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 Procefs hanging before you, as long as the "Procefs fhall be fo hanging, nor after the fame 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 Perfuns Magna Perfons in Judicature are to do juftice to all, and fell or deny it to none. And Bribery is fuch 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 forbidden Babylonis Garment. But in order to difcourfe of this fo foul a Crime, firft fee the mark which fuch an Action leaves behind it: Fortefce cap. 51. "Bribery (faith he) is a great Mifprifion, when any man in judicial place takes any Fee, or Pention, Roll, or "Livery, Gift, Reward, or Brocage of any Perfon, that hath to do before him any way, for doing his Office, "or by colour of his Office, but of the King only, unless i "be of Meat and Drink, and that of finall value, upon di"vers and grievous Punishments. Saith Coke, "This word Bribery cometh of the French word "Briber, which fignifieth to Devour or Eat gre to the devouring of a corrupt Judg; of whom the 3 Inft. 145. "dily, applied Pfalm 13.4. Pfalmift,fpeaking in the Perion of God, faith, Qui devorat plebem meam ficut efcam panis : Qui cog"nofcit faciem in judicio, non bene facit, ifte p "buccella panis deferit veritatem. In the 234 "Year of E. 3. Sir William Thorpe, Chief Juftice "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, Fol. 147 Coke further fets forth, "That this Offence of Bribery may be committed by any that hath "any Judicial Place (or Minifterial Office) either Ecclefiafti "cal or Temporal. Non accipies perfonam nec "munera (and the reafon is express'd by the Deut. 16. 19. "Holy Ghoft) quia munera excacant oculos fapi "entum, & mutant verba juftorum. If Bribery hath so great force, as to blind the Eyes of the wife Judg, and to change the words of the Juft: Beatus ille qui exuit manus fuas ab "omni munere, Judex debet habere duos Sales; falem fapientia, w "fit infipidus, & falem confcientia, ne fit diabolus. Pafc. 17 E. 3. Tho the Bribe be small, yet the Fault is great; and this "appeareth by a Record in the Reign of "E. 3. Quia diverfi jufticiarii ad audiendum & "terminandum affignat, ceperant de Johanne Ber"ners, qui indi&atus fuit, 4 1. pro favore haberdi "die deliberationis fua, finem fecerant domino Regi "per V. M. Marcas: So as they paid for every "Pound a thoufand Marks. See before Sr "William Thorp's Cafe, Rot. Par. 7 R. 2. The Cafe, Rot. Pa. 7 R. 2. num. 12, 13. "Cha |