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him for that service an hundred Pounds, by the Chamberlain of London. Who doubts of the truth hereof, are desir'd to re. pair to the Chamberlain's Office, and they may there find the Order, bearing date the 8th of O&tober, 1670. belides other Orders for 200 l. more to him, within eight months Jaft paft. An excellent way to ease that Treasury of being averburdend with Orphans Mony! By which finifter Ends and cursed Dispositions of its Cash, 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, doc.
So that notwithstanding that large Provision which England's Laws have made for the Safety of its inhabitants (as in Chap ter 29. of its Charter of Liberties, Nulli vendimm, &c. on which Coke observes, That all the King's People, Ecclefiafti cal and Temporal, Free or Bond, Old or Young, yea, altho he be outlawd or excomniunicated, or any other without ex ception, is to have Justice freely without sale, and fully witbox denial) yet those Prisoners at the hand of this Recorder and Bench, instead of having Justice freely, have been apparently sold into the hands of their cruel Adversaries; and initead of having it fully, they have been unjuftly over-ruled by their Arbitrary and Illegal Sentences and Censures againft them.
Thus are we forced to cast the blame of the Prisoners Suf ferings upon the Authors thereof, which we must attribute either sprung from their Falsness to their Truft, or their Incapacity to execute that weight of Authority committed to them : And surely this Nation throughout is made sensible of nothing more, than the daily Breach of their Liberties, and of Violence to the Freedom of their Persons and Eftates, by fuch bostes humani generis, as these oppreffed Prisoners have had juft occafion to complain of.
The Actions of that Sessions were a Riddle to the Engliftman, beyond all that this latter monstrous Age hath brought forth. It's needless to repeat how much the publick Liberty (in denying the Commonalty that Freedom of Jurors the Law allows, fining and imprisoning Jurors for doing their Duty, imposing Fines arbitrarily without Inqueft upon the freeborn men of England, denying to produce that Law which is pretended to have been transgress’d) is wounded, and how much the Injuries are doubled and trebled upon their Fellow-nembers, and the evil Consequence thereof, which if drawn into precedent, who can count himself free either in Person or Efate? The Consequence of a wicked Sentence (said Chan
cellor Bacon) was infinitely worse than a wicked Fact, as being held a precedent and pattern whereby Oppression beginning upon one, is extended as warrantable upon all.
And this conclusion he draweth out of this place of Scripture, Fons turbatus do 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, Censures and severe fudgments have stricken the Commonalty with Amazement, that the Courts of Justice, ordain'd for publick Preservation and Safety, should be wrested to enslave, oppress, ruin and destroy us. How much that Mayor and Recorder have usurp'd upon the Rights and Liberties of these Prisoners, is too apparent in their waving the Rules of Law, and mea. suring out Juftice by their fantastical Discretions and Arbitrary Wills and Power, the consequence of which cannot but be inevitably mischievous and inconvenient to both those that there were censur'd and judg'd evil, and to the People of England. Hence was deriv’d'that excellont Maxim ; Melius Sub iniquiffima lege quam sub aquissimo 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 mildest Arbitrary Government, where the Subje& is condemnd at the Will of every Bench of Justice before which he shall appear, without any certain or known Rules and Measures for the offence and Punishment. And how specious soever the pretence for these Proceedings may be, we know that the pretence of Necessity to a&t contrary to the known written Laws, in the Mayor, Recorder, doc. 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 Lusts and Malice.
And how many Hourishing States have been ruin'd by the Avarices, Cruelty, and Non-observance of the Laws, by the Governours and Magistrates, were tedious to insert. Only take notice what Coke in his 2 Inft. 388. declares, That three things overtbrew the flourishing State of the Roman Empire : Latens odium, juvenile confólium, privatum lucrum. And obferves there. That it's the greatest Injustice, when the Innocent, under colour of Justice, whereby be ought to be prote&ted, is opprefi'd.
But good Government confifting principally in the efecu. tion of their juft and known Laws, procures Love from the Subject. It's only their Love which supports a Scate in adver: Cc
fity: And our desire that such as London's Mayor and Recorder, doc. may not by their A&tions sow a jealousy among the Fre. born l'eople of England, that it's the intent of our Su.preine Magistrates to holt up that common Maxim of all op presling States, That their Interest is to maintain the Publick wealthy, and the Particular poor.
Therefore permit not these Persons in their Courts to create the Precedents of Oppression to enllave our Pofterity in future times : to that end hath this been made publich that the Supreme Magistrate and Legislators 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, n3 only take care to purge the Benches of Justice from that Partiality and Corruption, which hath usurp'd those Places ci great Trust, and punish the Offenders who have been guilty of such enormous Crimes with condign Punishment, answe. rable to their respective Offences and horrid Oppreffion; bur also command the keeping, observing, and executing in al their Courts the known, written, promulg'd, antient, and fundamental Laws of this Land: And that they may, as the have often avow'd, maintain the Liberties of the Freeborn People of England, in afsuring to them, that Salus Populi eft i prema Lex. Can it be reasonably thought, that the Impunity o these that have been so faithless to their Oaths and Trust repos’d in them, shall ever be serviceable to this State c: Magistrates under whom they a&t? No, they'll rather take courage to betray them, when they find the first opportunity Therefore like our old Proverb, Tho we love the Treaton, vet i hate the Traitor : So it hath been the prudence of the wiseft and best-govern'd States, Never to pardon any man for a nitaria Crime committed against the Commonwealth, for any good Servis before done to it. To which Clement Edmonds, upon Cæsar's Corrmentaries, well agrees, fol. 174. It more importeth a Comme wealth to punish an iù Menter, than to reward a good A&t. So that State or Coinmonwealth that will keep it self in good order. and free froin ruin, muft cherish Impeachments and Accusations of the People against those that thro Ambition, Ava rice, Pride, Cruelty, or Oppreffion, seek to destroy the L: berty and Property of the People ; so shall they keep their State free from Envy, and secure from Supplantation. the Free-born People of this Nation being thus preferr'd and secur'd against Tyranny and Oppression, 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, so it's the moft ftable lafting Government,
under which the People rejoice and live cheerfully; according to that Maxim of Camiúns the Roman, Firmiffimum Imperium quo obedientes gaxdekt.
An' APP'EN D'Ix, by way of Dialogue, in
a Plain and Friendly. Discourse between a Student in the Laws and Liberties of England, and a true Citizens of London: Whereby is few'd, That a Jury of twelve. Men are the only proper Fudges of their Neighbours Actions, and may by the establisb’d Laws of England give a Verdict of such Facts, according to their Consciences, 1. without incurring Fine andi Imprisonment, &c.
Student. Hither are you hafting, out fo fast this morn WH
ing, my Friend? Cit. Truly, about some earnest Business, that will not admit of delay.
Stud. I know you to be a Man of business, but in my ap-> prehension you seem more than usually in hafte, now I am come to give you a villt.
Cit. I acknowledg your kindness, and since you are so = opportunely come, I would request your Advice in what I ani going about.
Stud. Y ea, moft freely: But what's the Cafe?
Cit. I am fummond to appear to morrow, as a Juryman, at the Old Baily, but would willingly get my self excus’d, and was but now going out to one of the Sheriffs, my old Ac
quaintance, to intreat his Favour, to do me that kindness; ! but it's probable you know a nearei' 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 should not you rather serve your Country in these publick concerns ? If all men were of your mind, how should Right be done in Courts of Justice?
Cit. There's many others that are better skill'd in such matters, who are more fit to perform that Office; as for my part, I have ever so loved Peace that I have forborn going to Law, tho it has been much to my loss. Сс 2
studa you ?
Stud. That's no Excuse; for the more peaceable man you have been, the more fit you are for such Services. The Office of a Jury-man is conscientiously to judg his Neighbour, who needs no more Law than is easily learned to direct him therein. but that the Mayor's and Recorder's carriage could undergo
Cit. I should willingly appear according to this Summon, so much hardship, and not endanger my Life; fo I find that all my Neighbours, as well as I, are endeavouring to get themselves excusd.
Stud. Then it's a Reftraint from your Trade that deters Git. No truly, that's not all; but to be kept without Meat and Drink two days and nights together, and not to be allow'd the privilege of Nature's casement, and after all, to be caft into Newgate, is hard service.
Stud. I must confess this was very hard, yet it fhould not deter you from doing your Duty : and if thote Jurors suffer'd unjuftly (which I question not) their Service was the easier to them,
Cit. I am of opinion they were unjustly dealt withal; many of them I know, who had the Repure of Honefty, especially those four, who yet lie in Durance : but I may suffer by reason of my Ignorance of the Duty and Office of a Jury-man ; therefore on that account principally I desire to be excus'd my appearance, which if I understood as well as many do, with all my heart I would do my service,
Stud. Now you speak honeftly like an English-man; and in case that be all your cause of fcruple, it may soon be removd if you will take my Advice.
cit. Yes, with all my heart: Then pray let me have your Answer to fome Questions, which often of late I have had upon my thoughts to propound to you, or some Practitioner of the Law, that would be plain 'with me.
Stud. 'Offer what you think meet, and I will endeavour to give you that Satisfaction you desire. Cit. Since Jurors are thus,
of late menaced, threatned, fined, and imprison'd by our Recorder at the Old Baily; pray
ein lies their Privilege and Safety? What say the Fundamental Laws of England to such Practices ?
Stud. The Jurors Privileges, and every English-man's by them, as they are very confiderable, so the Laws have very well guarded them against Usurpation, as I shall thew you.
Cit. But pray first let me know their Antiquity. I have heard it said, That Tryals by Juries have been of long standing in this Nation,