Another CRY of the INNOCENT & OPPRESSED, FOR JUSTICE; OR, A Second Relation of the unjust proceed at the Sessions held at Hicks' Hall for the County of Middlesex, and at the Old Bailie, London, the 6th and the 14th days of the 10th Month or December, 1664 With and against 32 more of the People called Quakers, who were all sentenced for a pretended breach of the late Act. Together with an Account of the most material Passages between the Prisoners and the aforesaid Courts, in which it doth appear very plainly, That only Meeting to Worship God in the Spirit and in the Truth, is by the Judges, made and declared to be the matter of Fact deserving so grievous a Sentence. Unto which also is now Added, A Brief, Short Summary of the Sentencing of 36 more of the aforesaid people, in scorn 〈…〉 Quakers, at the two places above mentioned, 4 at Hicks' Hall, and 32 at the Old Bailie, the 11th and 15th of the 11th Month called Janu●ry, where they were all Sentenced for to be Transported to the Island of Jamaica. But ye have despised the poor; do not rich men oppress ●ou, and draw you before the Judgement seats? Do not they Blaspheme that worthy Name by which ye are called? Jam. 2.6, 7. London, Printed in the Year, 1664. These are the Names of the Twelve, Sentenced at Hicks' Hall. Edward Berkly. William Mathews. John Terry. Diggery Martial. William Brend. John Goodwin. John Noble. Nathaniel Harding. Vincent Gerrard. Edw. Malitrat. Francis Tarcy. Martin Groshe. BIlls o● Indictments being drawn up against the aforesaid twelve persons, they were delivered to the Grand Jury (who were men generally of the same spirit with the persecutors and Judges) for though the Bills of Indictments contained many and divers Criminal Terms to express the matter of fact: [viz.] ☞ 1. For being at an Unlawful meeting, or Conventicle. 2. For being there under colour and pretence of Religious Exercise. 3. That this Religious exercise was in other manner than is allowed by the Liturgy or practice of the Church of England. 4. For being there with divers other Malefactors (or disobedient persons) to the terror of the people, and disturbing the peace. Fiftly and lastly, That they were there to do the aforesaid evils contrary to the form of the late Statute in that case provided, etc. Now this Grand Jury never so much as called for evidence to prove any one of those crimes aforesaid, but all they required of the Witnesses was, to give evidence that the Prisoners were met together at such a time in such a place, above the number of five etc. This was all the Witnesses swore, upon which they found all the Bills. Their designed work being so far done, the aforesaid prisoners, on the sixth day in the morning, were brought from Newgate to Hick.'s Hall: And first four (viz.) Edmond Berkely, William Mathews, John Terry, Diggery Martial were set to the Bar, and bills of Indictments was read against them, containing those crimes before recited; and they being asked whether they were Guilty or not, answered severally, That they were not guilty of those things laid to their charge. Then were the other eight called, viz. William Br●nd, John Goodwin, John Noble, Nathaniel Harding, Vincent Gerrard, Edward Mallitrat, francis Ta●cy, Martin Chroshe, one after another called to the Bar, and their Indictments read, which were for matter the same with the other, being all of one fo●m; who being asked Guilty, or Not Guilty, they answered as the former had done, viz. That they were not guilty of being at any unlawful Meeting or Assembly, etc. and only too of them demanded a Copy of their Indictments, but Judge Hyde said, Except they would pay eight pence a sheet for them, they might not have them; so they answered, that was extortion, and they could not do it. Now note how Judge Hides cruelty and subtlety appears in this his setting so high a price upon the Clerk's labour, knowing the prisoners would not pay so dear for it, and therefore would be the l●sse capable to overturn and make void their Indictments: For it was noted, what would make against the prisoners every way, that he and the rest were sure to make use and advantage of. And rather than they would want evidences against the prisoners on the other hand, the Clerks should lose all their Fees as was observed when the Witnesses did not appear, the Judges were angry and very much displeased. Then one of the Justices on the Bench told the Judges the reason why they did not appear was, because the charge of drawing their Recullizance was so great. Then said Judge Hyde, to encourage them to be Witnesses (who were bound thereto) against the Innocent, That they should pay nothing. And if the Clerks did make them pay a groar, he would make them pay ten for it. One of the prisoners also said to the Judge, What advantage will it be to me if I should plead? Judg. If you plead, and are not found Guilty, you may be cleared by the Jury. Prisoner What if the Jury men be overtawed by you that are Judges? And if you have already determined the Case, as was known the last Sessions before this, where some of our friends were sentenced that did plead, and some that did not plead: And the Jury threatened. &c Jud. Keeleing. You scandalise us: but the prisoner spoke truth. After some more words they were all set to the Bar. Then the Petry Jury was called over, sworn, and charged according to their usual form, (viz.) Well and truly to try, How this was, let Gods Witness in all Consciences judge. and true deliverance make betwixt the King, and the Prisoners at the Bar, and to bring in their Verdict according to Evidence, etc. Clerk. Set Edmond Berkly to the Bar, who read the Records of the Justices to prove the First and Second pretended offence; and the Witnesses were called and sworn to prove a Third. One was one of the Justice's Clerks, who swore that he did see the said Edmond at such a place, at such a time. Then a Constable present gave Evidence, that he did not remember the said Edmond, but he did carry the persons mentioned in the Mittimus to the prison of Newgate. William Turner also gave Evidence, that he received the said persons into Newgate such a time. Jud. What say you for yourself? Pris. Their Evidence, and so saying, doth not prove me to be guilty of being at an Unlawful meeting. Jud. That's not the thing; were you not at such a time at such a place? if you were, the Law doth judge all such meetings to be unlawful. Pris. The meeting, simply as it is a meeting, is not unlawful; but the unlawfulness of it must be proved by something either ☞ done or said: Therefore Jurymen take notice, that the Witnesses have not proved any thing to make the meeting unlawful. Judg. Set him aside. Then was William Mathews set to the Bar, and evidence given as before. Judg. What have you to say for yourself? Pris. I was at no unlawful meeting, neither have I done any thing to the breach of any man's peace, nor in contempt to the King's Laws: but what I did was to worship God, and to serve him in the uprightness of my heart, and to no other end did I ever meet, the Lord knows, to whom I must give an account. Judg. Was you at that meeting such a time (naming the day) at such a place? Pris. I was at no other meeting, then to wait upon the Lord, and if for which service and worship of God, and testimony of his Truth, I must be separated from my Wife and Children, which are near and dear to me, the will of the Lord be done, I am freely given up. Judg. Take him away. Pris. Jurymen, I would have you take notice, that there is nothing of Fact proved (neither in word nor deed) against any of us: Therefore you ought not, neither can you with a good Conscience, bring us in guilty. John Terry at the Bar. Judg. Have you any thing to say? Pris. I desire to see my Accusers. Judg. Swear the Constable: Being sworn, he gave Evidence, that he brought the said John Terry to prison such a day. The Clerk's boy looking into his book, said he saw him at the meeting; also William Turner gave Evidence that he received him into his custody. Pris. This doth prove me but once; is doth not prove three times. Judg. The other two are plain by Record. Pris. There are Records that are false: for some have been stopped for the Third pretended offence, on the First and Second, by reason that several men are of one Name. Judg. Will. Turner, what can you say against this man? Will. Turner. He hath been three times in prison. Prison. So hath many Felons. Will. Turner. He hath been three times committed for being at a meeting, the first time he was committed for three months, and twice since. Pris. Is it a Crime sufficiently worthy of Banishment, to meet together to serve the Lord? Judge Hide. It's Crime enough, it's Crime enough: set him by. Then a friend replied and said, Record that, or, Let that be Recorded. Then was Diggery Martial called to the Bar. The Witnesses were sworn (one being the Clerk's boy) to whom the Judge spoke and said, Did you see this man at such a place? The boy looking in a paper said, Yes. Judg. Did you see him there such a time? Boy. Yes. Judg. Did you see him in the Meeting? Boy. I cannot tell that; but I see him brought before the Justices. Pris. I suppose he hath not this in his paper. Judg. Well he hath enough: in like manner the other Witnesses gave their Evidence. Judg. What say you? If you have any thing to say, you may now speak. Pris. I suppose it is to little purpose to say any thing, you will go on as you have determined, let me say what I will. Judg. No, you shall be tried according to Law, and we will do you justice and right. Pris. I have little cause to expect it, for I have seen little done as yet. I am here Indicted for being at an unlawful meeting, which is not yet proved that the meeting was unlawful. Judg. It is proved that you was at a Meeting, and the Law judges that meeting to be unlawful, and therefore we judge it so, it being under a pretence of worshipping God contrary to the Liturgy of the Church of England. Pris. I do not understand that it is contrarary to the Liturgy for me to meet to worship God in reality and truth, and not under any pretence. And if we meet really to worship God, must we suffer for that? Jud. ☞ Hyde Yes that you must. Standards by, with much grief of heart, said, Was ever the like known? Then Judge Keeling, to mend the matter, said, You shall not suffer for worshipping God, but for being at an unlawful Assembly, contrary to the Law. But this covering is too narrow, Out of the abundance of the heart the mouth speaketh. Then was William Brand called to the Bar, his Indictment read, etc. Judg. What have you to say? Pris. The Indictment is null and void, by reason of the Errors that are in it: And though I do not trouble myself with your Laws, yet according to the Knowledge I have, there may be much said in exceptions against the Indictment, in the Niceties and punctilioes of your own Law, but I matter not these things. I shall come to that part of the Indictment, in which I am charged for being at an unlawful meeting, (but the Judge often interrupted him, and would not suffer him speak what he had in his heart to declare, etc.) No clear Evidence did appear against him, and they were at a stand how to proceed; but at last the Judge called for his Mittimus, where he found he was one time committed from Wheelers Street, which proved an Error in their Indictment, being * Note, this would have quashed an Indictment against a Felon. Indicted for being that same day at Mile-end. There was no Witresse to prove the first, second, or third pretended offence, till Thomas Swallow called a Justice (whose name the Judge saw at the Mittimus) was called to by the Judge, and asked. Whether he knew the prisoner? who said he did not. Then the Mittimus was showed to him, to see if he would own it, and the book was given him to swear. Then said the prisoner, If he must swear and be a Witness, let him come from off the Bench, and stand in the Witnesses place, but the Judge would not suffer it so to be: So he gave Evidence upon the Bench upon his Oath, That if the prisoner's name was in the Mittimus, than he must be in the meeting. I own it is my hand, said he. Judg. ‛ That's enough. Pris. Must we be Judged by Consequence? I judge that the Jury should have plain, evident proof to proceed upon. Judg. They may proceed and take evidence by consequence, except you can prove that you were not at the meeting. Then the Clerk of Tho. Bide, called Justice, was sworn. Judg. Reach him the Mittimus; I own, said he, this to be my writing. Judg. Do you know the prisoner? Did you see him at the meeting? ☞ Yes. For he was praying. Judg. Take him away. Pris. I have something to say to the Jury. Judg. We will not suffer you to speak to them. So he was hurried away. Then was John Goodwin set to the Bar, etc. Tempest the Constable was sworn. Judge Keeling. Did you see that man at the meeting such a time? Tempest. Yes that I did, if his name be in the Mittimus. Then a young boy was called and sworn. Judg. Come what can you say, did you see him at the meeting? Boy. I see him in the Yard, by the same token he told the Justices, that if he was among the Turks, he might find more favour than amongst them; William Turner was called. Judge. Did you receive him such a day into your Custody. Turner. Yes and please your Lordship, I did. Will Rider gave evidence also that he saw him in the Meeting. Judge. It is enough, what say you now? Prisoner. There is no evil charged against me. Judge. Set him aside. John Noble was set to the Bar, etc. The Witnesses not appearing, the Judge called for the Mittimus, Justice Pitfield and his Clerk were sworn (who made the Mittimus) who gave evidence that he was at the Meeting, etc. Judge. You see it here appears that you were there. Prisoner. The Lord God of Heaven and Earth will plead my cause. Judge. Set him aside. Nathaniel Harding was set to the Bar, etc. Tempest the Constable gave evidence that he saw him at the Meeting at Mile-end, and no more; and William Turner gave evidence that he received him into his Custody, etc. Prisoner. I wonder much how any of us can be brought in guilty, seeing none doth evidence any evil against us. Judge. Set him aside. Then was Vincent Gerrard set to the Bar, etc. And being silent, the Judge said, It's more to be lamented that old men should be such unjust Judges to sentence men for to be Transported for doing well. it is pity young men having good Trades, and might live well, should bring themselves into these troubles. Judge. What says the Witnesses, was the Prisoner at the Bar in the Meeting? Clark. I will look in the Mittimus if his name be therein, to be sure he was there; Clark. His Name is there. Judge. Set him aside. Then was Edward Mallitrat brought to the Bar, etc. Judge. What have you to say? Prisoner. Where are my Accusers? J. H. Call Justice Marches Clark; What say you Tho. Porter? My Lord I did not mind him there Judge. Sir William Rider what say you? My Lord I do not know his face, there was so many there. Tempest. What say you, my Lord I brought him to New Gate. Will. Turner. What say you, my Lord I received him. Judge Twisden. Now you must clear yourself whether you was at the Meeting or not? Prisoner. What shall I say, I may compare you to the Scribes and and Pharisees, for they said they had a Law, and by that Law they Crucified the Lord of Life. Judge Twisden. No matter for that, have you any thing else to say. Prisoner. It is to little purpose to say any thing to you. So he was set by. Then Francis Tarcy was called to the Bar, Indictment read, etc. The Witnesses being Justice Pitfield's Clerk, and William Turner (Turnkey at Newgate) who gave evidence that he was at the Meeting, and the Clerk said he was the first in the Mittimus, the Judge said that was sufficient. Judge. What say you? Prisoner. I did not meet in any seditious Conventicle, neither am I a malefactor, or evil doer; and I am otherwise persuaded of the Meetings, for they are peaceable, and are the Meeting-places where the people of God are wont to assemble. Judge. Set him by. Then Martin Croshe was set to the Bar, etc. The Witnesses gave evidence in this wise, That he was at the Meeting, and being brought before William Rider at Mile-end, who demanded what he came thither for? He replied, to wait upon God in his fear. Judge. Have you any thing to say for yourself? Prisoner. I did meet often at that place in the fear of the Lord, which the Lord God commands and allows men to do, now if your Law by which you proceed against me be contrary to this Law of God, than I must desire your Council, which of these two you would advise me to obey? for you being Judges ought to be my Councillors, and to deal impartially, and not to flout at me as some of you have done, by your disdainful language in biding me meddle with my Sizzers; I knowing that both my liberty and life may lie at stake, I desire to be heard, for I have not transgressed any just Law; I am not guilty of being at any unlawful meeting; wherefore I desire your Council what I should do in this weighty matter, the Law of God commanding and allowing me to wait on, and serve him in his fear, and your Law prohibiting it, in this case pray what must I do, or which shall I obey? Judge Hide. You must go to the Church, and leave these factions. Prisoner. Do you call the Law of God a Faction? Judge. Take him away. Prisoner. I am not guilty of those unlawful things which your Law is made against, and falsely charged against me in the Indictment, being sure that I am innocent and clear from any such thing. Judge. Your impudence shall not serve your turn. Judge Twisden. Was you at the Meeting to worship God? Prisoner. I have been at many Meetings to wait upon the Lord in his fear, as the Law of God commands, and no Law ought to be made against it. Judge. We do not Try you for any unlawful thing you did at the Meeting, but we have proved that you was at the Meeting; ☜ and the Law supposeth that meeting to be unlawful. Prisoner. Without any unlawful thing done or said? Judge Keeleing. We care not what you did there, we have proved that you did meet. Prisoner. I understand that God is a spirit, and I meet to worship the eternal God in spirit, as he persuades my heart and conscience; and must I be condemned to banishment for that? Judge Keeleing. Yes yes, for the Law is against it. ☜ Judge Twisden. He hath confessed that he was there to worship God, and their worship is contrary to the Liturgy of the Church of England. Judge. Have you the Common Prayer Book read amongst you? Prisoner. I desire to know what Law I have broken? Judge Hide. This Law (meaning the late Act) for suppressing seditious Conventicles. Prisoner. What in meeting to worship God according to my persuasion. Judge Keeleing. Ay. ☜ Prisoner Remember you are executing a Law which is contrary to the Law of God. Judge Twisden. Go meddle with your Sizzers, (he being a Barber.) Judge Hide. Take him away. Prisoner. Jurymen, I hope you will take notice that I am not proved guilty of these evil things the Law is against, and that I am falsely accused of. The Jury went forth and soon returned, and brought in their Verdict, that eleven of the 12. were guilty, but they had some doubt about the young man, viz. Vincent Gerrard, which the Judge pitied, (it may be to please the Judge) so that they did not agree to find him guilty, but when they understood the Judge's mind more plainly, by his biding them go forth again, they never went forth to consult any further, but presently agreed among themselves that he was guilty also, which publicly shown forth their own weakness, and that they were but as a cipher and for a cloak, etc. Then they soon (even that very morning) proceeded to sentence, and sentenced all the aforesaid 12. persons for to be Transported to the Island of Jamaica, there to remain seven years. Thus it may be seen how the Just are oppressed for Righteousness sake, and how those that the Lord hath chosen are condemned by the unjust. This one thing also may manifest the enmity and injustice of the aforesaid Judges: A friend standing by, (but not in the face of the Court lest he should give an occasion) was by one of their envious Officers haled out into the yard, telling he was a Solicitor, and came to instruct the Prisoners; The Judges perceiving that he was, called a Quaker, called for him to be brought into the Court, the which their Mercenaries quickly did, and set him to the Bar, (but pulled off his Hat before) as he stood at the Bar, Judge H. asked where his Hat was? some answered that it was taken from him, than he said, give it him into his hand again, the friend perceiving his enmity and snare when it was proffered him, would not receive it, but said that it was taken away violently from him in the Court, and he should not then receive it; Then said J. H. put it upon his head, which was done accordingly, Now said he, I command you to take it off; I desire said the friend to know by what Law thee commands me so to do? Being silent a while, at last said that they were Ministers of Justice, and represented the King's Person, and he should Reverence Authority; He said he did not keep his Hat on in contempt of the King, or any man's person or Authority, but for conscience sake, not daring to be subject to the wills of men; pressing still to know what Law there was to command him to put off his Hat any more than any other of his garments; withal telling them that Honour, Reverence and Respect did not consist in putting off the Hat, or any other part of his Garments, and that they might as well command him to put off any other of his ; but I. H. having neither Law nor reason to urge in the Case, said it was a custom, etc. and in fine, because he did not obey his wilful command of the Court, (though they made the occasion and created the pretended offence) they told he should be fined five pound, to be levied upon his Goods, and be committed to Prison till he found Sureties for his good behaviour, which accordingly was done, and he immediately carried away to Newgate. Now let the honest righteous principle of God in all, judge whether this be righteous dealing, that a man should be fined and imprisoned, and not for the breach of any known Law, nor for any ill behaviour; and whether pride and bitterness, envy and cruelty, partiality and respect of persons doth not abound in and among such Judges and Courts of Judicatory: but the Lord doth and will judge the cause of his people over again, and he will be avenged on his enemies, and his judgement doth and will take hold upon all oppressors and persecutors of his harmless people. And this is also remarkable, Thomas Dawson one of the Jailers of Newgate, who was the first person (in London) that swore before a Jury against friends in the execution of this late Act, (who gave false evidence) at their Trial in the Old Bailie London, the 15th. of October 1664. after which time he was took notice of, that he never thrived in his body, but complained much of distempers within, and could eat little, but wasted to the time of his death, and he died the 30th. of Decemb. or the 10th Month. Now all men that swear against people that fear God, rashly, inconsiderately and mercenarily, may expect assuredly that the just hand of the Lord will overtake them, and his righteous judgements find them out, in this world or in that to come, the wicked shall not go unpunished. Here followeth the proceed of the same Judges sitting in Justice-Hall in the Old Bailie London, the 14th. of the 10th. Month with the Prisoners hereafter named briefly related, Viz. Anne Prest, William Newman, John Clouse, Rebeccah Trump, Anne Royley, james Carter, William Parker, Elizabeth Pike, Elizabeth Harding, Thomas Cox, Mabell Wheeler, Isabel Hacker, Benjamin Greenwell, john Chaplin, Manasseth Howard, Laurence Fullove, Edmond Overd, james Pearne, Thomas Vesse, Laurence Aplin. The above named Prisoners were brought from Newgate to the Sessions-house on the day aforesaid, and the bills of Indictment, which for matter and form were all one with those before recited, were found by the Grand Jury, upon the bare evidence of meeting together above five, etc. The Prisoners being set to the Bar, and their Indictments read, they were asked Guilty or not Guilty; to which they most answered that they were not guilty of any evil, nor of being at any unlawful assembly, etc. only Ben. Greenwell when he was asked guilty or not guilty, said, he had two or three questions to ask before he should be willing to plead. Judge. We shall answer to no questions till you have pleaded. Prisoner. I am not willing to answer by way of plea, unless you will resolve me in these things, I knowing that it is matter of weight and concernment to me in this case to be resolved before I plead, I am ignorant of the Law, and you that are Judges are bound to resolve the Prisoners at the Bar as to matter of Law, and I demand it of you as my right, my first question is this, viz. What method doth the Law prescribe as to the choice of Juries? Secondly, whether I may not make my exceptions against them? Thirdly, how many I may except against? Judges. You must plead to your Indictment, and you may make your exception. Prisoner. It's a matter concerns me to be resolved in before I plead, and it is reason I should be satisfied what I may, before I cast myself upon the Jury; for the last Sessions you threatened the Jury, especially such of them as acted conscientiously, and that could not find our friends guilty; and how can we expect right to be done to us when men that bears an honest mind are overawed, and dare not act it may be according to their consciences, and for such as make no conscience of what they do, we expect no right from them. Judge. Will you plead? Pris. Yes, if you will promise before the people to allow me my exceptions. Judge. We will make you no promises. Pris. I am not satisfied concerning the Jury, and the choice of them. Judge. This we will resolve you in, the Sheriffs returned them. Judge. If he will not plead, take him away. Pris. I am not willing to plead unless you will promise to allow my exceptions. So they took him away, and put him into a hole amongst the Felons, and Laurence Fullove who did not plead in their way, was put into the hole with him, for when the usual question was asked him, guilty or not guilty, he said to the Judge, I shall leave it to that of God in thy conscience to judge: The Judge was silent a while, then afterwards asked him again whether he was guilty or no? Pris. Thou sets as Judge, I leave it to thee, do thou dread and fear God. Judge. Are you guilty or not? Pris. Look one another in the face, there shall you see guilt. Judge. That shall not serve your turn. Pris. Here's my body given up in the will of God. Judge. It shall be sent far enough. Pris. I value not thy Threats, I shall take that with me which shall glad my heart, and which all the Lawyers in England are not able to purchase, even a good Conscience, yea a good Conscience. Judge. You are an impudent fellow, and do not talk as if you were a Religious man. Pris. That's thy own, it's thou that art the stubborn and stiffnecked Jew who art for judgement. Judge. Take him away, put him up. So he was haled away and put into a stinking hole with B. G. among the Felons. Then those eighteen that pleaded were set to the Bar, and the London Jury were called over, and sworn in their usual manner and form, well and truly to Try, etc. Anne Priest at the Bar, her Indictment read, etc. Judge. Was you at the Bull and Mouth such a time? Pris. I was at the door, I was not in the house, but when the Officers came to disturb the peace as their usual manner is, they forced me in; but the Lord God hath made three Children fatherless, and you go about to make them Motherless. Pris. Jurymen, take heed to your Consciences; Some of them answered we cannot help what we do. William Newman called to the Bar, Indictment read, etc. Judge. Was you at the Bull and Mouth? Before he answered, one witnessed that he saw him there with about forty more, by the same token he pulled down one that was speaking, etc. Judge. What say you for yourself, what did you do there? Prisoner. I was there according to the will of the Lord, and who dare say against it. Judge. Set him by, he confesseth that he was there. John Clouse was set to the Bar, etc. And the City Martial gave evidence that he was in the Meeting. Judge. What can you say for yourself? Pris. I say I am not a subject of this Realm, and therefore this Act doth not concern me. Judge. No, no, we have looked over the old Statutes, and we find that every one that comes hither to live for any time, he is a subject to this Realm. Pris. May every subject then purchase Land. Judge. I tell you no, but answer you to the Fact, was you there or no? he answered nothing. Judges. He cannot deny it, put him by. Rebccah Trump was set to the Bar, etc. Witnesses gave evidence that she was at the Meeting, etc. Judge. What say you, was you at the Bull and Mouth? But before she did answer, the Judge bid take her away, she cannot deny but she was there. Anne Royley at the Bar, the like evidences above against her. Judge. What have you to say? Pris. I was at no seditious meeting or Conventicle. Judge. Take her away, that's enough. Set James Carter to the Bar, etc. Witnesses gave evidence that he was at the Bull and Mouth such a day, etc. Judge. What can you say for yourself? Pris. There is nothing proved that the meeting I was at, is unlawful, for it must be an unlawful actions that makes a meeting unlawful. Judge. Set him by: Then the Prisoner cried out and said, you had as good knock me on the head at the Bar, as not let me plead for my life and my liberty, and it may not only be my own life, but the life of my Wife and Children. Judge. Take him away. Then was William Parker set to the Bar, etc. Evidence given as before. Judge. What can you say for yourself, was you at the Bull and Mouth? Pris. I thought I should not accuse myself, I was at no unlawful meeting, therefore Jurymen take notice that none hath proved the meeting unlawful, or that we did meet under a pretence, etc. Elizabeth Pike put to the Bar, Indictment read, etc. Evidence given that she met, etc. Judge. What say you? Pris. I tell you that I am unacquainted with your Law, and was never before those called Judges till now, but I have often met amongst the dear Children of the Lord; and I do not question if you have not a hand in shedding my innocent blood, I shall meet with them again and again. Judge. Take her away, she hath said enough. Pris. Hear you Jurymen in whose hands my liberty (and it may be my life) is committed, have you a care of destroying my liberty, and of shedding this my innocent blood, but if you are wilful and are resolved to do it, who shall pray that it may not be laid to your charge? Judge. Take her away, take her away. Elizabeth Harding at the Bar, etc. Evidence given as before. Judge. What say you? Pris. I know the living God, therefore I cannot worship graven Images; And be it known unto you all, if I had as many bodies as hairs on my head, I could lay them all down for the living eternal truth of the living God; also know that I am not ashamed of the Testimony I bear, for I was there in obedience to the Lord, therefore have you a care that you shed not the blood of the Innocent. She spoke also to the Jury, and bid them observe the command of Christ, (As you would that men should do unto you, so do unto them.) And take heed that you shed not Innocent blood. Thomas Cox was set to the Bar, etc. the Evidence given was, that he was in the Bull at a Meeting with others above 5 such a time, etc. Judge. What say you, were you there or not? Pris. I was there to wait upon the Lord, and if that is become a Crime worthy of Banishment let all people judge? Judge. Set him by. Mabell Wheeler at the Bar, etc. Evidence as before. Judge. Was you at the Bull and Mouth? Pris. I was there, and it was for no other end then to worship God in spirit and truth. Isabel Hacker at the Bar, etc. Evidence as before. Judge. What say you? Pris. We are innocent before the Lord God, and I do believe you are resolved and determined what to do against us, so it is little matter for to plead, however in God's Court I am not guilty of meeting under a colour and pretence, nothing of that hath been proved against any of us. John Chaplin called to the Bar, etc. the like Evidence against him. Judge. What say you? Pris. I am innocent. Judge. Set him by. Manasseth Howard was set to the Bar, Witnesses gave evidence as before, that he was at the Meeting. Judge. What say you M. H. was you at the Meeting at the Bull and Mouth? Pris. The Swearers have sworn I was there. Judge. You will not deny it? This Ed. W. excepted against one of the Jury, because he heard him say of two friends the would have them sound whipped at Bridewell Judg. if that be all, swear him, etc. Pris. I will not deny the truth. Judge. ☞ Put him away, that's enough. Then Edmond Ward was called to the Bar, etc. Evidence given as before. Judge. What have you to say? Pris. Is it a crime to wait upon the Lord? Judge Twisden. Yes, yes. Pris. Speaking to the people, said I have no more to say, if it be a crime to wait upon the Lord. Then the Judge speaks as if he mistook what he said. Pris. Take notice I was at no seditious Conventicle. Judge. Take him away. James Pierce was set to the Bar, etc. the Witnesses gave Evidence that he was at the Bull and Mouth such a time, etc. Judge. What say you for yourself? Pris. You do, you know not what, I look upon you not to be competent Judges to judge me, or any of us, upon this account we stand here indicted for. Judge. You are a Judge over the King's Law, away, away. The Prisoner seeing there was a bad Jury as well as Judges, said, Have a care what you do, this is the stone at which Generations past, and those that not long since were in power were confounded by; and if you dash yourselves against it, you shall be broken, and if it fall upon you, it shall grind you to powder. Thomas Vose was called to the Bar, etc. the Evidence against him as before. Judge. What have you to say, was you at the Bull and Mouth? Pris. I was there, and if I have my liberty I shall be there again. Judge. What would you do there? Prisoner. I have spoke enough already. Laurence Aplin at the Bar, etc. no Witnesses proved that he was at the Bull and Mouth, but William Turner gave evidence that he had been in his Custody four times. Judge. What say you for yourself? Pris. It is in vain for me to say any thing to you. Then the Jury went forth, and in less than half an hour returned again, and brought all the aforesaid twenty persons in guilty. Then the Recorder took the late Act in his hand, and spoke something to the Prisoners concerning the breach of the Law; as if their condemnation were just; to which a Prisoner replied, and said, Deceit, you dead men, I see through your law, it is the eternal Gospel, I stand here this day in bonds for, which whosoever renounceth, sorrow shall never departed from his house; yea verily saith my God. Another said, you have dashed yourselves against the stone, and you shall be broken, and it shall also fall upon you, and grind you to powder; but the Recorder (without ask any of them what they had to say, why judgement should not be given, etc. proceeded to read the Sentence, which was this; (viz.) That they, and every of them, should be Transported to the Island of Jamaica, there to remain seven years. Here followeth the Names of 32. more Sentenced the 16th. of the 11th. Month (called january) 1664. at the Sessions held in the Old Bailie, and also of four Sentenced at a Sessions held at Hicks-Hall on the 12th. of the aforesaid Month. Robert Hayes, Robert Pute, John Fox, John Tilby, Edward Walker, John Tisdell, William Garrald, John Grane, Mathias Gardener, George Tailor, Richard Lamhert, Evan Jones, William Tilleby, William Tillet, Isaac How, Edward Bull, James Harding, George Evan, John Mason, Josiah Clare▪ Christopher Dickinson, Isaac Warner, Edward Brush, Richard Smith, Mary powel, Ann Dance, Elizabeth Dixson, Katherine Charles, Susanna Horn, Dorethy Hall, Alice Richardson, Margaret Vshor, Thomas Stokes, Thomas Clarke, Thomas Burbuke, Bartholomew Harne, Now because the proceed of these two Courts was for manner, matter and form, the same with the former, and little more observable than what is aheady mentioned in the foregoing Relation, for brevity sake it shall only be touched at: Thus, the Grand Jury having found the Bills upon no better Evidence than the former, they were brought from Newgate to the aforesaid Courts, and their Indictments being read, they generally pleaded not guilty of those evil things laid to their charge therein, but acknowledged that they met together to Worship God, etc. which Judge Keeling said and declared publicly several times that that was matter of fact, and that that was crime enough being against the Law; and notwithstanding the Prisoners pleaded that they did not meet under colour and pretence, etc. but in reality and truth to Worship God, which the Law was not expressly against, and that the Law did not make that matter of fact; yet Judge Keeleing, Recorder wild, and Rich. Brown, when the Jury was ready to go together to consult the matter, would feign have persuaded them that they need not go from the Bar, matter of fact appearing so clear before them; viz. (the Witnesses gave Evidence that they met at such a time and place) and the Prisoners they had confessed that the end of their meeting was to Worship God,) the Jury looked upon one another a while, not knowing well what to do, at last one of them spoke, and desired they might go together, at which J. K. the Recorder, and R. B. seemed to be greatly troubled, and in a very threatening manner behaved themselves both in words and gestures, especially towards him that desired to go forth, and as they were going, gave them charge, encouragement, and instructions to bring in their verdict according to the mind of the Court, withal told them if they would come again quickly they would not go to Dinner till they come, and then they should be discharged, but they staying, the Court was adjourned, and went to Dinner; About 4. they met again, and immediately the Jury came and delivered their Verdict concerning all the 32. persons wherewith they were charged, that they were guilty, at which the Court seemed much delighted, and very well pleased, and Judge Keeling stood up and told them they had done very well, and thanked them for their very good service; (and something was given by the hand of the Ordinary or Priest of Newgate into the hand of the Foreman, some that saw it judged it to be a Reward from the Court) so they were forthwith discharged; then the Recorder took the late Act in his hand, and began a colourable Preamble, which the Prisoners would not regard nor give place unto, so he stopped, and said, If you will not hear, than you must hearken to your sentence, which is, that you, and every of you, shall be carried from hence to Newgate, and from thence be Transported to the Island of Jamaica, there to remain seven years. Then he called to the Jailor, and said, notwithstanding sentence was past, Yet if any of them would send to him, and signify their Conformity to the Established Religion of the Church of England, and come to St. Paul's Church next Sunday, such should be discharged from that sentence and imprisonment also. Then they were all carried away to Newgate, where there are in all under the sentence of Transportation or Banishment 99 whereof two dead since their sentence. At Hickes-Hall the four were dealt with after the like manner. A few words to be considered by jurymen, that they might regard their Oaths, their Law and Evidence, though they lay aside Christianity and Religion. WHy do you swear well and truly to Try, etc. and true deliverance make, etc. and to bring in your Verdict according to Evidence, if you do not intent really so to do? And if you did intent, and truly desire and endeavour so to do, how then comes it to pass, that you so readily take the Judge's Impositions and prejudiced Opinions, for a sufficient evidential warrant, to clear your Consciences in the sight of God and men? Do you not know, that those Indictments against those harmless people, contains and expresses several crimes, which are the matter of fact, and should be proved to you by sufficient witnesses? And are not you sole and absolute Judges of Matter of Fact? Are you bound in Conscience or Law, to believe, or hear any Bitter, Cain-like spirited Judge or Lawyer, to tell you what matter of Fact is? Ought you not to consult the Law itself, which declares what the Fact is or may be, of which you are to judge, even according as the evidence in truth doth appear to you, and no otherwise? else how do you observe your Oaths? Surely you know, or aught to know, that all penal Laws plainly expresses the manner and matter of Fact, and also the manner and measure of the penalty or punishment; and doth any Conscientious, Judicious Jury need to value or regard the Judges and Lawyers meanings, contrary, or beyond the expressed mind of the Law itself? by which, and the evidence, you are bound by your Oath to judge and deliver up your Verdict in all Cases: how can you answer when you are called to account before God or men, for bringing in Verdicts against innecent People contrary to evidence and the Law, for did ever any witnesses give evidence otherwise then thus, (viz.) that they were met together, and that peaceably to worship God in spirit and truth? is not this the largest evidence that ever you had? which no Law in being is expressly against? what if a Judge tell you that this is matter of fact, and say you must find them guilty, when no Law of God nor man saith not, will you destroy the liberty (if not the lives) of your Neighbours and Countrymen to please men of corrupt minds, who judge not for God, but turn the sword against the Innocent, unto which those that depart from iniquity become a prey? and can these things be done except you violate your own consciences, and unman yourselves, and smother your own reason, understanding and judgement, and so become Ciphers and Cloaks, to cover the designs of evil men, who thirst after the blood as well as the liberty and estates of the people that truly fear the Lord? and is not this done by your hands, by and with whom they make a show of a fair Trial, when nothing less is intended, for may not you perceive though these harmless people plead Reason, Law, Religion, or Conscience, all is to no effect or purpose, as to overturn the design and determination of the Judges, so longas you receive their Impositions, and are afraid of their threats? if the Prisoners plead, and the Law also saith that it is the end of any meeting, which makes it unlawful; yet if the Judge tell you that it is only meeting that is unlawful; are you not ready to disregard the Prisoner's plea, & lay aside the Law, your own Reason and Judgement, dispense with your oaths, and presently become Vassals to the Judge's Opinion, and so join hand in hand against the Innocent? Consider this while you have time, and load not your consciences with, or by adding Sin unto Sin, for a day of account will come; and as the hills and the Mountains cannot save, nor cover you from the wrath of the Lamb, so shall not you save them, but you both shall receive a reward by the hand of the Lord, according to your do. Reader, Thou may'st observe all along this brief Relation, what slender proof is made to serve the turn for a pretence, colour & covering under, which these Judges carry on their design against harmless people, that they might, with a show of Justice, bring their determinations to pass; viz. to Judge and Condemn the Innocent; and that for no other cause than for meeting together according to the command of the Lord, and in obedience to his Requiring: And this is some of their first fruits they have, and do still offer up to God, for his Restoring, and keeping them in power, with the sword in their hands, which they turn against him, and his precious truth, and innocent people, who are freely given up to bear their cruel, unnatural, and unmanlike deal. But, though they are endeavouring to overrun them by the Might of their power, and would trample upon a company of Innocent men and women of mine in the streets, yet shall they never attain their ends, nor finish their intended work against the Innocent and Oppressed servants of the Lord, no more than Pharaoh and other persecutors and oppressors did, who only wrought their own destruction, and shall manifest themselves more and more to be more brutish than those they call heathen, in saying, that it is a crime to worship God, and in persecuting harmless people for no other Cause; and in due time it will appear what God these Judges serve and worship, seeing there is but God and the Devil, one of which all men obey; and by the fruits which are brought forth, it becomes manifest which of them these people do obey and worship: And may it not be said of them, as Christ once said to the Scribes, Pharisees, and Lawyers, (viz.) ye are of your Father the Devil, and his works ye will do; for are not his works manifest by these men's actions against the Lords Innocent people? in persecuting them only and alone for serving, honouring, obeying, and worshipping, the Lord God of heaven and earth? And doth it not appear, that they are hard, and seared in their hearts and Consciences, who dare affirm publicly in the face of their Country, that it is Crime enough to meet to worship God in the Spirit and in the truth, and that the Law is against it? Did ever the Jews, the Gentiles, the Barbarians, Turks, or Infidels, or people of any Nation (that acknowledgeth and confesseth that there is a God) affirm the like? Shall not Sodom and Gomorrah, Tyre and Sidon, rise up in Judgement against this perverse, crooked, untoward, blasphemous Generation, who say in their hearts there is no God? for though they sometimes confess him in words, yet in works they deny him: who shall stand in the gap? who shall intercede for this Generation? for the cry, and the loud voice of the souls under the Altar, slain for the word of God, and the Testimony which they held, saying, How long, O Lord, holy, and true, dost thou not judge and avenge our blood on them that dwell on the earth? I say, this Cry hath pierced the heavens, and entered the ears of the Lord against this Generation; therefore tremble, ye uncircumcised in hearts and ears, and be smitten with terror, ye persecutors about Religion, Church, and Worship, for behold, your portion is the same with Cain, your elder Brother, (who was the first murderer about Religion,) and with the Whore, your Mother, who hath made Nations drunk with the wine of her fornication, and who is also drunken with the blood of the Saints, and in whom is found the blood of Prophets, and of Saints, of men and all that were or hath been slain upon earth; yea, in her is found the blood of all the righteous since Abel to this day: therefore all persecutors in Christendom or elsewhere, who oppress, kill, and endeavour to destroy, and shed innocent Blood, about Church, and Worship, & Common Service, you are Children of this Whore; and as you partake of her sins, so you will assuredly partake of her Plagues, for strong is the Lord that judgeth both her and you; and the Lord hath showed many thousands in this Nation and elsewhere, the secret Chambers of your Imagery, where you commit Uncleanness and Idolatry; and also what is in the golden Cup that your Mother holds forth to the Nations; and also what is under her purple, and scarlet coloured array, and her ornaments of gold, precious stones and pearls, and to them he hath lifted up her skirts, and made her naked and bare, and her filthiness and fornication is seen in and under her glorious out side; and in vain do you, her children, endeavour to impose her Sorceries upon such; if the Lord permit, she may drink yet a little more of their blood, but of the cup of her fornication they dare not, nor will not drink; for they know the true woman, the true Church, the Spouse of Christ, (the King's daughter who is all glorious within) and having seen her beauty and glory, and partook of her graces and virtues, cannot now follow other lovers, nor be forced by the power of the beast (which carrieth the Whore) nor yet by her fair allurements, to forsake and deny the true Church, though floods of persecutions follow her and her Children; therefore in vain is the labour of Babel's Merchants, and the power of the beast which defends them; against such a people whose eyes are opened, and whose understandings are enlightened, and whose souls have not only tasted, but daily feed on the bread of life which comes down from above, even from the heavenly Jerusalem, the mother of all the faithful, and the City of their Solemnity. I say, in vain do Babel's Merchants, the children of the great Whore, and the Beast that carries her, endeavour to compel such to partake of her Merchandise, to drink down her Sorceries, and to become Members of their Church, whose glory is outward fair words, but foul deeds; white garments, but black souls; the blind, the ignorant, the dark in heart and understanding, the doubtful and unstable, the wanton, vicious, and voluptuous ones; these and such like she may prevail upon, and of such do her Church consist; of these are the Multitudes, Nations, Kindred's, and Tongues, on whom she sitteth, and over whom she reigneth, and hath long reigned,— but the Lord in his exceeding riches, grace, kindness, and love, hath in this latter day caused his everlasting day to dawn, and his day Star to appear, and not only so, but the womb of the morning is opened, and the Sun of Righteousness is risen in the hearts of thousands, even of those over whom she reigned, and he hath redeemed them from under her, and out of the Nations, Kindred's, and Tongues; and as this Light and Glory, Riches and Love increases and prevails in the hearts of people, (which certainly is to overcome) the Whore will lose her Dominion, Seat, and great Authority, and be cast upon a bed of torment, which is the determinate counsel of God, to bring to pass upon her; for Babylon is fallen, and must yet fall, Sin, Violence, Oppression, Cruelty, and persecution had a beginning, and must and shall have an end, and the whole Creation of God longs, groans, and travails for that day, even to enjoy her Sabbaths, or rests, and to see sin and iniquity finished, and everlasting Righteousness brought in, and Judges restored, as at the first, and Counsellors, as at the beginning; and the knowledge of the Lord to cover the earth, as the water doth the Sea (or the deeps;) but the wicked must fill up their measure of doing wickedly, and the Righteous also must fill up their measure of suffering innocently; and in the end cometh the Reward of both. The memory of the just is blessed, but the name of the wicked shall rot. Prov. 10.7. And may it not be said of Christendom, as once the Lord said of Israel, Sodom thy sister hath not done, she nor her daughters, as thou hast done, and thy daughters. Ezek. 16.48. etc. Postscript. READER, I do here present to thy view, a Narrative of the most malicious, wicked & Illegal Process against one of the persecuted and oppressed one's of Christ, called John Otter Shoemaker, who on the 25. of the 10th. Month called December, 1664. was taken in a Meeting at Mile-end, and from thence had before William Rider, and Thomas Player, called Justices, which Meeting the People of God called Quakers, have and do, in their usual manner meet to worship God, as he hath made himself known in them, and unto them, the Relation extracted from his own mouth, is as followeth: The said John Ottir, with some of the people of God, called Quakers, being seized, in the said Meeting was brought before the two Justices (so called) William Rider asked him his name, the Prisoner declared his name unto them; then he asked him his Dwelling place, or place of abode, the Prisoner asked him if declaring his name was not sufficient; Then Tho. Player said, No; but said in his haste, that if he declared not his place of Habitation or abode, he was to be taken as a Felon, or a Vagabond: The Prisoner answered that he had a dwelling place where neither thief, murderer, nor persecuter could come: Then W. R. asked where that was? he said in God. So they committed him to New Bridewell, as a Vagabond, where he was detained some weeks, and the Sessions at Hicks-Hall, following shortly after, the said Prisoner was called down thither, where were Robert Hid, and john Keeling, two of the King's Judges, with other Justices (so called) who usually sit there, and there was three Malefactors, who were Prisoners at the same time, that was brought down to the Sessions, who was called to the Bar, John Otter being also set to the Bar, the Judge asked him his Dwelling place? the Prisoner answered him as he did the said Justices; then after some consultation with the said Justices, the Judge pronounced Sentence against him with the rest, that he should be Transported beyond the Seas to any of the King's Foreign Plantations; without ask the Prisoner any thing, or taking notice in what Capacity he was, only he asked the Keeper if he had the Correction of the house? who answered he had been in the Stocks five times; and so was returned to Prison, having received the sentence as a Vagabond; their proceed being signified to the Council, at the desire of two men, one called Tho. Coltloth, the other Richard Sherrwood, men having deal to Virginia, the said Prisoner was granted unto them with the three Malefactors, to be sent to Virginia, there to be sold Slaves for seven years. Now whoever thou art that reads this Narration, and the foregoing Relations of the several trials of the people of God, called Quakers, comprehended in this Treatise, and if thou weighest things in the just balance of Truth, which God hath placed in thee, thou wilt see how oppression is added to oppression, injury to injury, misery to misery, and all to set up lust instead of Law; and how the Law is strained, and stretched, to accomplish their envious devices; For the Statute made and provided in that case, against Rogues, Vagabonds, and sturdy Beggars, doth show and nominate who are such, before punishment is proceeded unto, as in 39 Eliz. cap. 4. showeth, First, That all persons calling themselves Scholars, going about begging, all Seafaring men pretending losses of their Ships or Goods on the Sea, going about the Country begging, all idle persons going about in any Country either begging, or using any subtle craft, or unlawful Games and Plays, or feigning themselves to have knowledge in Physiognomy, Palmistry, or other like crafty Science, or pretending they can tell Destinies, Fortunes, or such other like fantastical imaginations, all persons that be or utter themselves to be Proctors, Procurers, Patent gatherers, or Collectors, for Goals, Prisons, or Hospitals, all Fercers, Bearwards, Common Players of Interludes and Minstrels, wand'ring abroad, all Juglats, Tinkers, Pedlars, and petry Chapmen, wand'ring abroad, all wand'ring persons, and common Labourers, being able in body using loitering, and refusing to work for such reasonable wages, as is tared or commonly given in such parts; all persons delivered out of Goals that beg for their Fees, or do travel begging, all persons as shall wander abroad beging, pretending losses by fire, and all such persons not being Felons, wand'ring and pretending themselves to be Egyptians, or counterfeit Egyptians, shall be taken, adjudged, and deemed Rogues, Vagabonds, and sturdy Beggars, and shall sustain such pain and punishments, as by this Act is in that behalf appointed. Now unto you Judges and Justices who have passed, and given your consents unto the sentencing of this innocent man for Banishment, and pretend the Law for it, I ask which of all or any of the capacities of persons adjudged to be Rogues, Vagabonds, and sturdy Beggars, by this Statute did you find this Innocent person, which of your doors was he taken begging at? or any others? or what practice else did you find him in which this Statute doth adjudge? what must he be exposed to the uttermost severity mentioned in the same, that is banished? before you had proceeded to the sentencing for Banishment of this Innocent person, under the name of Vagabond, Rogue, or sturdy Beggar; he should first have been proved so to be, or it should have been made appear unto you, that he had been found in the quality or qualities above mentioned, and if you had proved him to be such a one, or he had appeared so to be, yet that is not sufficient for you, who so often repeats your being upon your Oaths, and that you must do Justice according; to proceed to Banishment, for they must appear to be dangerous to the inferior sort of people where they shall be taken, or otherwise be such as will not be reform of their Roguish kind of life, by the former Provisions of this Act: If he had been found such a one, as you have sentenced him to be, nevertheless he was to have been referred to the former Provisions of this Act, and so then to have proceeded according; but right or wrong whoever they be that fear God, and make conscience of their ways before him, if they come but within the verge of your fury, their fare is all alike; if one snare will not do, another ginn shall, and so the Innocent are deprived of their Birthrights outward, which is the equity of Laws made and provided to secure every freeborn Englishman in his Right and Propriety, and the equal and impartial ministration and distribution of them; and they are oppressed in their Consciences inward, by that persecuting Spirit which seeks to dis-throne God there, and exalt itself, but, be it known unto you, we neither can, nor shall bow unto that Spirit, the way you take to work us to Consormity; is a contrary way; it is not swords, staves, halberds, nor your Goals, and your cruel Exercises imposed there, and inflicted on our bodies will do it; I tell you, we are gentle to lead, but otherwise to be driven, is unnatural to Englishmen, and such as fear the living God, and no man this day in England can charge us with evil justly: as we are a people, and God, even God eternal, beareth record unto our Consciences of the same, you have waded very far in this work, considering your day; well would it be for you, if you laid it to heart, and them also who whets you on to this work, of whom it may be said, as of old, Come, let us smite with the Tongue, and smite you with the Fist; and so the Oppression and Persecution of God's People is divided between you; and they are ground betwixt you, even you Lawyers and Priests, as between two Millstones; but in due time the Lord will arise and plead our Cause, and give Judgement to our enemies, yea, righteous Judgement, and all the Persecutors of his Innocent People shall know it; Although we are made in this day, even the Sponge of the Nation, to drink in the implacable fury of your Malice, yet know, the very dregs of your Cup is reserved of the Lord for yourselves, and in due time you shall drink the same; and when you are under Judgement, than it will be given you, to remember them whom you have most injuriously, and unrighteously oppressed. I say, Mind, and give good heed unto what is said, for your day hastens. THE END.