"Chancellor was accused of a Bribe of ten pounds, and "his Man four pounds and certain Fish; which tho the things are fmall, yet it had been punifh'd, if it had been "proved.

But now to the Fact of the City Recorder, it was obferved, That when he gave Judgment against the feveral Convicts before related, and affefs'd the feveral Fines and Amercements upon the Convicts and others, both for their Hats and pretended Crimes for which they were indicted; that John Smith, one of the Sheriffs of London, being, as was fuppofed, overjoy'd to hear the Court's Gratitude in rewarding his pains, for making Proclamations in the Streets, &c. but being fomewhat in doubt whether many of the Fines might not fall fhort, or prove bad Debts, haftily fteps out of his Chair, and going to the Recorder, faid, But how fhall we come by thefe Fines? To which the Recorder anfwer'd, Give me one of them, and I will fecure you all the reft. At which answer, with a feeming Joy and Alacrity, J. Smith return'd to his Chair, and spoke to fome who were fuppofed his Friends, there prefent 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 fecure us all the rest of them.

Surely this was too open and publick a place to make such Bargains as thefe: But what wonder, when scarce any Paffage or Action of theirs, that Seffions, was in Law and Righ teousness any more juftifiable? What Ratification or Confirmation of this piece of contracted Bribery has been fince betwixt them in their private Chambers, we know not; but what's done and acted in publick Courts, we may and can af fert, and declare to the world.

Some may conjecture, That the Mony which 7. Howel the Recorder afterwards receiv'd, was upon the firft propofed and offered Contract, made in open Court with 7. Smith the Sheriff.

Others may imagine, That it was the Mayor's Benevo lence, for juftifying his dirty and filthy Actions and Profecutions before the People at the Seffions. But the cafe is this, That the Mayor, Sheriffs, J. Robinson, &c. and other the Juftices for that Seffions, being met together at Guildhall in a Court of Aldermen, propofed to pay the Recorder for his extraordinary pains, and reward him for his execution of Juftice, or fitting in Judgment at the Old Baily upon the Quakers. 7. Robinson, the chief of that Flock, and not the backwardeft to give what's not his own, toid the Court, That the Recorder deferved an hundred pounds for his Service done at the Old Baily the laft Sefiens. Whereupon the Court confented to pay

him for that fervice an hundred Pounds, by the Chamberlain of London. Who doubts of the truth hereof, are defir'd to re .pair to the Chamberlain's Office, and they may there find the Order, bearing date the 8th of October, 1670. befides other Orders for 200 l. more to him, within eight months laft paft. An excellent way to ease that Treafury of being overburden'd with Orphans Mony! By which finifter Ends and curfed Difpofitions of its Cafh, the Chamber is run fo deeply in debt, that it's almoft incredible: And here Mo defty engages to conceal, being in hopes that e'er long fome more faithful Stewards and Guardians may be appointed to have the Charge and Wardfhip of it, c.

So that notwithstanding that large Provifion which England's Laws have made for the Safety of its Inhabitants (as in Chap ter 29. of its Charter of Liberties, Nulli vendimus, &c. on which Coke obferves, That all the King's People, Ecclefiafti cal and Temporal, Free or Bond, Old or Young, yea, altho he be outlaw'd or excommunicated, or any other without ex ception, is to have Justice freely without fale, and fully without denial) yet thofe Prisoners at the hand of this Recorder and Bench, inftead of having Justice freely, have been apparently fold into the hands of their cruel Adverfaries; and instead of having it fully, they have been unjustly over-ruled by their Arbitrary and Illegal Sentences and Cenfures againft

them.

Thus are we forced to caft the blame of the Prisoners Suf ferings upon the Authors thereof, which we must attribute either fprung from their Falfnefs to their Truft, or their In capacity to execute that weight of Authority committed to them: And furely this Nation throughout is made fenfible of nothing more, than the daily Breach of their Liberties, and of Violence to the Freedom of their Perfons and Eftates, by fuch boltes humani generis, as thefe oppreffed Prisoners have had juft occafion to complain of.

The Actions of that Seffions were a Riddle to the English man, beyond all that this latter monftrous Age hath brought forth. It's needlefs to repeat how much the publick Liberty (in denying the Commonalty that Freedom of Jurors the Law allows, fining and imprifoning Jurors for doing their Duty, impofing Fines arbitrarily without Inqueft upon the freebor men of England, denying to produce that Law which is pretended to have been tranfgrefs'd) is wounded, and how much the Injuries are doubled and trebled upon their Fellow-members, and the evil Confequence thereof, which if drawn into precedent, who can count himself free either in Perfon or Eftate? The Confequence of a wicked Sentence (faid Chan

cellor

cellor Bacon) was infinitely worse than a wicked Fact, as being held a precedent and pattern whereby Oppreffion beginning upon one, is extended as warrantable upon all.

And this conclufion he draweth out of this place of Scripture, Fons turbatus & urina corrupta eft juftus cadens coram impio: A juft man falling into the hands of the wicked, is like a Fountain troubled with the foot, or the Urine corrupted in the Body.

To the honour of which arbitrary Sentences, Cenfures and fevere Judgments have ftricken the Commonalty with Amazement, that the Courts of Juftice, ordain'd for publick Prefervation and Safety, fhould be wrefted to enflave, opprefs, ruin and deftroy us. How much that Mayor and Recorder have ufurp'd upon the Rights and Liberties of these Prisoners, is too apparent in their waving the Rules of Law, and mea furing out Juftice by their fantaftical Difcretions and Arbitrary Wills and Power; the confequence of which cannot P but be inevitably mischievous and inconvenient to both those that there were cenfur'd and judg'd evil, and to the People of England. Hence was deriv'd that excellent Maxim; Melius Sub iniquiffima lege quam fub aquiffimo arbitrio vivere: That is, it's better to live under a hard and harsh known written Law, where every man may read his Duty, and know his Offence and Punishment, than under the mildeft Arbitrary Government, where the Subje&t is condemn'd at the Will of every Bench of Juftice before which he shall appear, without any certain or known Rules and Measures for the Offence and Punishment. And how fpecious foever the pretence for these Proceedings may be, we know that the pretence of Neceffity to act contrary to the known written Laws, in the Mayor, Recorder, &c. or any others, is but to usher in Tyranny and Oppreffion.

There appears no other end that this Bench had in this tortious fort of proceeding, than to fill their Sheriffs Pockets with extorted Gain, or arbitrarily to punish a moft innocent and peaceable People, to gratify their Lufts and Malice.

And how many flourishing States have been ruin'd by the Avarices, Cruelty, and Non-obfervance of the Laws, by the Governours and Magiftrates, were tedious to infert. Only take notice what Coke in his 2 Inft. 388. declares, That three things overthrew the flourishing State of the Roman Empire: Latens odium, juvenile confilium, & privatum lucrum. And obferves there, That it's the greatest Injustice, when the Innocent, under coLour of Fustice, whereby he ought to be protected, is opprefs'd.

But good Government confifting principally in the execu tion of their juft and known Laws, procures Love from the Subject. It's only their Love which fupports a State in adver

C¢

City:

fity: And our defire that fuch as London's Mayor and Recor der, c. may not by their Actions fow a jealoufy among the Freeborn People of England, that it's the intent of our Supreme Magiftrates to hold up that common Maxim of all op preffing States, That their Intereft is to maintain the Publick wealthy, and the Particular poor.

Therefore permit not thefe Perfons in their Courts to create the Precedents of Oppreffion to enflave our Pofterity in future times: to that end hath this been made publick, that the Supreme Magiftrate and Legiflators of this Nation, for the Dignity and Honour of their Rule and Government, and for the Safety of the free-born People of this Land, not only take care to purge the Benches of Juftice from that Par tiality and Corruption, which hath ufurp'd thofe Places of great Truft, and punish the Offenders who have been guilty of fuch enormous Crimes with condign Punishment, answe rable to their respective Offences and horrid Oppreffion; but alfo command the keeping, obferving, and executing in all their Courts the known, written, promulg'd, antient, and fundamental Laws of this Land: And that they may, as they have often avow'd, maintain the Liberties of the Freebor People of England, in affuring to them, that Salu Populi est s prema Lex. Can it be reasonably thought, that the Impunity o thefe that have been fo faithlefs to their Oaths and Truf repos'd in them, fhall ever be ferviceable to this State o Magiftrates under whom they a&t? No, they'll rather take courage to betray them, when they find the firft opportunity. Therefore like our old Proverb, Tho we love the Treason, yet w bate the Traitor: So it hath been the prudence of the wifeft and beft-govern'd States, Never to pardon any man for a notorio Crime committed against the Commonwealth, for any good Servic before done to it, To which Clement Edmonds, upon Cafar's Com mentaries, well agrees, fol. 174. It more importeth a Comma wealth to punish an ill Member, than to reward a good A&. So that State or Commonwealth that will keep it felf in good order. and free from ruin, muft cherish Impeachments and Accufa tions of the People against thofe that thro Ambition, Avarice, Pride, Cruelty, or Oppreffion, feek to deftroy the L berty and Property of the People; fo fhall they keep their State free from Envy, and fecure from Supplantation. And the Free-born People of this Nation being thus preferv'd and fecur'd againft Tyranny and Oppreffion, will never seek after other Liberty, but rejoice under their own Governours. For as it never turn'd to any State's advantage to gain the People's Hatred, fo it's the moft ftable lafting Government,

· under

under which the People rejoice and live cheerfully; accor ding to that Maxim of Camillus the Roman, Firmissimum Imperium quo obedientes gaudent."

"

An APPENDIX, by way of Dialogue, in a Plain and Friendly Difcourfe between a Student in the Laws and Liberties of England, and a true Citizen of London: Whereby is fhew'd, That a Jury of twelve Men are the only proper Fudges of their Neighbours Actions, and may by the establifb'd Laws of England give a Verdict of fuch Facts, according to their Confciences, without incurring Fine and Imprisonment, &c.

Student.Hither are you hafting out fo faft this morn ing, my Friend?

Cit. Truly, about fome earneft Business, that will not admit of delay.

Stud. I know you to be a Man of bafinefs, but in my ap- ' prehenfion you feem more than ufually in hafte, now I am come to give you a visit.

Cit. I acknowledg your kindnefs; and fince you are fo opportunely come, I would requeft your Advice in what I am going about."

Stud. Yea, moft freely: But what's the Cafe?

Cit. I am fummon'd to appear to morrow, as a Juryman, at the Old Baily, but would willingly get my felf excus'd, and was but now going out to one of the Sheriffs, my old Acquaintance, to intreat his Favour, to do me that kindness; but it's probable you know a nearer way to effect such a matter, and may direct me.

Sud. It's very like, did it much concern you, I might get your discharge: But why fhould not you rather ferve your Country in thefe publick concerns? If all men were of your mind, how should Right be done in Courts of Juftice? Cit. There's many others that are better skill'd in fuch matters, who are more fit to perform that Office, as for my part, I have ever fo loved Peace that I have forborn going to Law, tho it has been much to my loss.