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der of the Lives of his Subjects, That (as fays the fame Author) be hang'd all the Judges, who had falfly fav'd a Man guilty of Death, or bad fallly hang'd any Man against Law, or any reasonable Exception.

And in leffer Offences, where they wrongfully griev❜d any Man, or paffed the Bounds of their Commiflion, or the Law, he difinherited and remov'd them, to the fatisfaction of the People, eftablishing of fure upright Laws, maintenance of the honour of his Courts of Juftice, and his perpetual Renown and Fame to future Ages and Generations.

Spencers,

Co. 3 Inft.

145.

Befides, Hubert de Burgo, in the 17th Year of E. 35 Father and Son; Trefilian and Belknap; Sir William Thorpe in 23 E. 3. Empfon and Dudley, perfons moft famous for Tyranny and Oppreffion, left upon Record, that our Juftices of later date, beholding their Ends, fhould avoid their Foot-fteps. So altho some of your Fellow-Citizens, by reafon of this injuftice and Oppreffion of your City-Recorder, Mayor, &c. have undergone the hardship of Imprisonment, yet they ftanding in the Gap against the introducing of an Arbitrary Government, they may live to fee a due Reward rendred to their Oppreffions, and enjoy the fruit

Votes Parl.11.
Decemb.1667.

of their Faithfulness to the Truft repofed in them; that is, Liberty and Freedom from Tyranny and Oppreffion: then, as fays the Wife-man, Prov. 21.18. The Wicked jhall be a Ransom for the Righteous, and the Tranfgreffor for the Upright.

Cit. Well, I acknowledg you have given me ample Satiffaction as to what is the Juror's Duty; and fince I fee that the English-man's Life, Freedom and Property, principally depends on the Faithfulness and Honefty of his jurors, I fhall endeavour to perform my Duty in that Office: and what my Affiftance may avail to defend us against that Torrent of Violence, Ufurpation and Oppreffion (which is overflowing all our Liberties) fhall be freely tendred and given up for the good of this City and my Native Country.

Stud. Now (my Friend) you fpeak like an English-man, and as one that would faithfully ferve your Country; and if you will take my advice, at leasure hours read your Charter of Liberties, and the Fundamental Laws, by which (as Cook fays) you have a better Inheritance than by your natural Parents. Some of the molt impartial Writers have been the faid Sir Edw. Cook in his 2d, 3d and 4th Inftitutes; Horn's Mirror of Justice; Lambert's Tranflation of the Saxon Laws; as alfo, The Tryal of W. P. and W. M. lately printed: they are Books without difficulty to be had, and very worthy your perúfal; wherein you may not only fee the English-man's Rights and Liberties afferted, but Tyranny

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Tyranny and Oppreffion in all Ages (endeavouring to extirpate and violate our Laws, the equal Diftributer of every man's Property) detected and laid open. Thefe I would not have one true English-man want in his House; the confulting with which at vacant hours, will fo accommodate and furnish him with the Knowledg and Underftanding of his own inherent Rights and Liberties, that he may be able to defend, not only himself from Violence and Oppreffion, but also his Neigh bours from Tort and Wrong.

Prov. 29. 7. Cognofcit juftus caufam tenuium, improbus non animadvertit ut cognofcat.

THE

A Postscript.

"HIS Impartial Account of these perfons Tryals, with the Appendix of the Jury-man's Duty and Rights, had been earlier prefented to thy view, but that the difficulty of a Printing-Prefs is fuch (by reafon of their frequent Searching and Examination) that it's no eafy matter to bring forth Truth to Light without Hazard. As the Author hath, on the one hand, avoided the Cenfure of a flattering Hypocrite (that with his Mouth deftroyeth his Neighbour) fo, on the other hand, the Lash of the Wife Man, Prov.24. 24. He that jaith unto the Wicked, Thou art Righteous, him shall the People curse, Nations Shall abhor him.

What Violences and Oppreffions may, at the rate of that Court's proceedings (against thefe Prisoners) be committed, not only upon the Citizens of London, but upon every Freeman of England, are apparent to the Judicious.

Have not fuch Arbitrary and Illegal Proceedings upon Jurors (the Staff of the English-man's Liberty) been condemn'd by the Commons of England in Parliament; and declar'd, That they were of evil Confequence to the Lives and Liberties of the People, (which thing these Prisoners have fadly experienc'd) and that they tended to the Introducing of an Arbitrary Government? Which no fober Man queftions, yet no fufficient Caution to that Court.

O Wicked Times! O Miferable Age! What! Injustice avow'd, Oppreffion become familiar, yea Legal; Oaths of Jurors in publick Courts, folemnly made and taken in the Prefence of God and Man, by a Bench of Juftice abfolv'd, or denying them to perform what they had enforc'd them to Swear? Muft we by our Laws, under grievous Penalties, abjure the See

of

of Rome, and our Magiftrates tread its fteps in affuming the like Prerogative? And not only fo, but commending their Idolatrous, Cruel, Tyrannical and Inquifitory Practices, upon fober and religious People; as John Howel the Recorder, frequently did that Seffions.

What's the end thefe perfons aim at in their Judicature? It's too apparent, not (falus Populi) the Commonalties Good: What Religious Perfuafion do they defend or ftand for? In punishing Diffenters from the National Church, we know they commend the Papifts, and fpare the Atheists. Never were there any fo wicked or curfed Betrayers of Right, Liberty, Juftice or Religion in any Age, but they would pretend to be Patronizers of them: Yea, it's recorded, That the Thieves and Vagabond Jews getting power into their hands (a Prefage and Fore-runner of the fore and lamentable Calamities that befel that People) chofe themselves a High-Prieft, and ufurp'd Power in Jerufalem, to give Laws and opprefs at pleasure: of whom Jofephus thus writes, pag. 637. D." But they us'd the "Temple as a Caftle and Defence for themselves against the People, and made the Sanctuary a place for them to exer"cife Tyranny in.

Confider well, and weigh the Actions of S. Starling, London's Mayor; John Edwards and John Smith its Sheriffs, the Head and Chieftains of the People's Oppreffors, in enforcing their Officers, Serjeants and Servants, to be Informers and Profecutors against the Innocent, by their Proclamations making peaceable people Rioters; and thereby not only to forfeit their Rights and Liberties, but these their Adverfaries affuming Authority to demand what part of their Eftate they shall think meet. And judg if these practices run not parallel to thofe of Albinus, Prefident of Judea: which Jofephus thus impartially relates; "Who was over all as a Tyrant, and a Prince of Thieves; and "he us'd the help of his Guard to rob the meaner fort-Nay, "he was not afham'd to proclaim it throughout the whole "Country, Lawful for any one that would, to Rob and Steal, "fo that they would bring him a part of their Booty. Fol. 623. E. & F.

And altho he had (like these late Oppreffors) Power for his Law, and Authority to enforce what he willed upon the People; yet the Divine Hiftorian terms Albinus but a Tyrant, and his Actions Theft and Robbery.

Thus are poor England's quiet, peaceable and religious Inhabitants torn in pieces by thofe Sons of Belial; their Lives, Liberties and Eftates made preys, to gratify their Lufts, Avarice, and Wills and Plea fures, And where do thefe Violences and Oppreffions arife, but from the undervaluing and vilifying of our Good,

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Antient,

Votes Parl. Antient, Wholefom and Fundamental Laws, our 11 Dec.1667. great Charter of Liberties, the Preserver of our Lives, Freedom and Property?

However too many of the Minds and Spirits of our Country. men are befotted, through that Deluge of Vice and Debauchery, that has over-fpread and cover'd the Face of our Land; fure we are, that the right Noble and Virtuous will ever have a high Efteem of thofe Laws, that were not only dear to our Ancestors, but famous throughout the World, for an equal Balance of Juftice, whereby every man's Right and Liberty might be weigh'd

It's obfervable what that Roman Senator, C. S. Saturninus ( 2 Lover of Vertue, Liberty, and wholefom Laws) declaims in the Senate: (faith he) " For to them that know what Vertue is, it " is no fmall Felicity to live one Hour in Freedom of Mind, and " in a free Country, govern'd by fuch Laws, which in times palt << have made our Commonwealth to flourish--For in regard "of the prefent time, there is not any thing that we ought "more earneftly to effect,than to live vertuoully; for only Ver "tue is the thing that confirmeth Men in their Liberty.-1 "know how great Mifchiefs Tyranny do ordinarily breed in "a publick State; for they utterly extinguish all Vertue, and "deprive Free-men of that perfect Magnanimity that may be

in them, and teach both to Flatter and to Fear; for that "the Commonwealth is abandon'd, not to the Wisdom of the "Laws, but to the Fury of the intemperate Governors.

And complaining of Julius Cafar's Violation of that eourse of Law whereby the State was polliced: (fays he) "In fubvert "ing the Laws to his good liking, and himself to his particu "lar defires, there is not any kind of Mifery and Mischief "that hath not overthrown our City.

Whence we may observe and conclude, that all these horrid Oppreffions and Violences, that have been in Ages paft inflicted upon, and offer'd to any People, State or Commonwealth, they have naturally flown from the want of Vertue, or from the debauch'd Practice of the Magiftrates, governing and judging the People by Will and Power, and not by eftablish'd Laws: which is the Cafe of thefe Prifoners, who yet lie in Durance at the Will of their cruel Adverfaries; becaufe, as one faith,

Sepultum eft jus in Regno, praua Voluntas,
Vid Violentia magis regnat quam Judicium.

[The following Report of Mr. Bushell's Cafe, by that Great Man the Lord Chief Juftice VAUGHAN, having a near Relation to the firft (efpecially) of the foregoing Tryals, the Reader is here prefented with it, on the Defire of fome Gentlemen, who wish well to this Collection.]

Bufhell's

407

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Busbell's CASE.

The care iffued out of this Court, directed to the then HE King's Writ of Habeas Corpus, Dat. 9 die Novembris Sheriffs of London, to have the Body of Edward Bushell, by them Scam detain'd in Prifon, together with the Day and Caufe of his Caption and Detention, on Friday then next following, before this Ve Court, to do and receive as the Court fhall confider; as alfo to have then the faid Writ in Court.

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Of which Writ, Patient Ward and Dannet Foorth, then Sheriffs of London, made the Return following, annex'd to the faid Writ.

That at the King's Court, of a Seffion of Oyer and Terminer, held for the City of London at Juftice-Hall in the Old-Baily, London, in the Parish of St. Sepulchres, in Farringdon-Ward without, London, on Wednesday 31 die Auguft 22 Car. 2. before Sir Samuel Starling, then Mayor of London, and divers other his Majesty's Juftices, by virtue of his Majefty's Letters Patents under the Great Seal of England, to them, any Four or more of them, directed to enquire, hear and determine according to the Tenor of the faid Letters Patents, the Offences therein specified: and, amongst others, the Offences of unlawful Congregating, and Affemblies within the Limits appointed by the faid Commiffion within the faid City, as well within Liberties as without. Edward Bufhell, the Prisoner at the Bar, was committed to the Goal of Newgate, to be there fafely kept under the Cuftody of John Smith Knight, and James Edwards, then Sheriffs of the faid City, by virtue of a certain Order then and there made by the faid Court of Seffions, as followeth.

Ordinatum eft per Curiam hic quod Finis 40 Marcarum feparatim ponatur fuper Edwardum Bufhell, and other Eleven perfons particularly nam'd, and upon every of them, being the Twelve Jurors then and there fworn, and charg'd to Try feveral Iffues then and there joyn'd between our Lord the King and William Penn and William Mead, for certain Trefpaffes, Contempts, unlawful Affemblies and Tumults, made and perpetrated by the faid Penn and Mead, together with divers other unknown perfons, to the Number of Three hundred, Unlawfully and Tumultuously affembled in Grace-Church-street in Lon 3 dan, to the Disturbance of the Peace whereof, the faid Penn

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and

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