One Cry more of the Innocent and Oppressed FOR JUSTICE: Being A Fourth Relation OF THE Unjust Proceed of the MAGISTRATES in and about the City of London, with and against XVII. (of the People of God) called Quakers, at the iv several Sessions hereafter named; where they received the unjust Sentence of Transportation. He that oppresseth the Poor to increase his Riches, and he that giveth to the Rich, shall surely come to want. Prov. 22.16. For the Oppression of the Poor, for the sighing of the needy, now will I arise (saith the Lord) I will set him in safety from him that puffeth at him. Psalm. 12.5. Printed in the Year, 1665. A short Relation of the Trial of five of the aforesaid People, at the Sessions held at Hickes-hall the fourth and sixth days of the second month (called April) 1665. THe Judge's names the Prisoners knew not, but be sure their sins will find them out, John Francis Tryponet, Ann Haley, Margaret Walsby and Francis Marlow, being all set to the Bar, and an Indictment read against them which was much to this purpose; that they with several others were met together at an unlawful meeting, or Seditious Convinticle, etc. at one John Elsons house in Johns-street contrary to the Laws of this Realm, notwithstanding they have been twice convicted before, etc. Judg. John Francis, guilty or not guilty? Prisoner. As much as I do understand, this Indictment is taken up falsely against me, and so he was set by. Judg. Anne Haly, are you guilty or not guilty? Prisoner. This indictment which you have drawn against me is false, for I was never taken at any meeting, nor had before any Magistrate for being at any meeting, but only once, neither was I ever Prisoner, or in Prison before this time, except it was to visit my friends, so that I am not guilty of that indictment. Judg. We have Ann Haleys name twice upon record, and this is your third offence: then answer was made she had a Daughter, and her name was Ann, and she had been in prison twice, yet for all it was so plainly manifested unto them that she had been but once in prison, as William Turner who is one of their own members told them, yet for all this they proceeded against her, and passed their unjust sentence upon her, viz. to be transported to the Island of Jamaica for seven years, and as they were carrying her out of the Court, she said, take heed what you do, for you are about a work that will call for judgement, to come down upon your heads, and one that sat upon the Bench said, woman, woman, you have money enough, pay down one hundred pound, and you shall be discharged Observe. Doth it not plainly appear that it is money which they aim at, and that it is not us that they seek, but that which we have, for that which they call an offence, which we know is none, viz. to worship God in Spirit and Truth, the penalty of it may be taken off for money; so that it is very plain and evident, that instead of seeking our preservation, they seek our destruction. And this unjust action of theirs, in sentencing this ancient and innocent Widow was laid so plainly before most of them, that had a hand in it, at several times, and also before the whole Court, where she received her unjust sentence; so that they were fully persuaded in themselves that they had done the said Widow much wrong, for it was plainly laid before them all, the next Sessions, yet for all this there was not a man in the Court that would appear to do her Justice. Judge. Margaret Welsby are you guilty or not guilty? Prisoner. Of what? Judge. Of going to Conventicles, or unlawful Meetings. Pris. As for Conventicles I deny them, neither am I guilty of any unlawful Meeting, for I own the meeting of the people of God to be lawful: And so she was set by. Judge. Francis Marlow, guilty or not guilty: Pris. I never was at such a Meeting in all my life as a seditious Conventicle, but I meet to wait upon the Lord, to enjoy his Presence. Judge. You must plead guilty or not guilty. Pris. I am not guilty of any such thing, as you accuse me of: And so she was set by. And then the Witnesses were called and sworn against the aforesaid four, and the Jury charged with them who went forth, and within a little time returned again, and the Prisoners was set to the Bar, and the Jury was asked if they were agreed, and answer was made yes. Clark. Are the Prisoners guilty or not guilty? Jury. Guilty: And then the Court seemed to rejoice; and then they passed the aforesaid Sentence upon them, not suffering the Prisoners to speak any thing more in their own defence. Obs. The said John Francis aforenamed being a German, and not a Subject of this Realm, therefore not within the reach of the late Act; yet notwithstanding they proceeded against him, and passed the aforesaid sentence upon him. And the next Sessions after they had received the unjust sentence, the aforenamed Ann Haley, was had down to the Old Bailie, by William Turner Turnkey of Newgate, who said to her by the way, When you come in Court you must promise never to come amongst this wicked crew any more, nor go to any more of their Meetings. Pris. How darest thou call them a wicked Crew? for they are the people of the Lord, and I shall not promise to absent myself from them. And when she came in Court, they called for the Quaking Woman's Paper, and one began to read, saying, Ann Haley you have been three times convicted in London; the Prisoner answered, Nay, but once, and so he read twice or thrice, and she still made answer, Nay but once; then the man stopped, and asked her if she was sorry for what she had done? She answered I do not know any thing that I have done to cause me to be sorry: And then they bid take her away, which was done; and so returned back to Newgate, where she with many more by their unjust actings lies liable to be Transported, etc. The sixth day of the aforesaid Month, John Horsy being called to the Bar at Hickes-Hall, and an Indictment read against him, which was much after the manner and form of the rest. Judge. Guilty or not guilty? Pris. The Indictment is false, for I was at no such Meeting, as in contempt to the King, or any in Authority, for our Meetings are peaceable and quiet, and not in contempt to any. Judge. You must plead, Guilty or not guilty. Pris. Would you have me say I am guilty of that which I am not guilty of. And then the Witnesses were called, and the Clerk told the Judge they could do nothing till William Turner came, for said he, he may make many scruples, and we cannot do without him; and so he was sent for, and when he came, the Judge asked him if he had me from the Meeting on the 19th. day of March? He said yes; then I said he hath born false witness, for he was not at the Meeting to see me there, neither did he receive me into his Custody that day; and so they charged the Jury with me, and told them that they needed but one Witness in this case; and then one of the Jury asked another whether they should go out or no? they said, no; the Case was clear, and so cried a Verdict presently, and said the Prisoner was guilty, and then they passed the aforesaid Sentence upon me. The Trial of Thomas Taylor, Thomas Davis, Edward Patisson, John Fitz Gerrard, John Salmon, Hannah Camack, and Anne Standrige, at the Sessions at the Old Bayley for the City of London, the 8th day of the second Month, called April, 65. where Judge Hid and Keeling sat as Judges. THe Prisoners all being set to the Bar, and an Indictment read against them, That they were taken at Unlawful Assemblies, or Seditious Conventicles, under colour and pretence of the Exercise of Religion, in other manner than is allowed by the Liturgy and practice of the Church of England, and in contempt to the King and his Laws, his Crown and Dignity, etc. Judg. Thomas Taylor, are you guilty, or not guilty? Prison. I am not guilty of being at any unlawful Assembly, Conventicle, or Meeting; and then he was set by. Judg. Thomas Davis, are you guilty, or not guilty? Prison. I am innocent, and have wronged no man, neither did I meet contrary to the allowance of the Liturgy, nor in contempt to any in Authority; for the Liturgy doth allow of people to meet together in the worship of God. And so he was set by. Judg. Edward Patisson, guilty, or not guilty? Prison. Not guilty. And John Fitz Gerrard, and John Salmon answered much to the same effect. Judg. Hannah Camack, Guilty or not guilty? Prison. I am not guilty of being at any unlawful Meeting, and Anne Standrige made answer to the same effect. And then the Witnesses were called, and sworn, which was the Marshal and two or three of his men, who swore that the aforesaid Prisoners were met together at the Bull and Mouth, naming the day; and one from the Bench asked the Witnesses, if they knew Thomas Taylor? the Martial said, yes, very well, for it was as much as three or four of us could do, said he, to get him in at the Counter gate: the Prisoner replied, yes, and that he had good reason to refuse going with them, because they did abuse him, for the Marshal did pluck him by the hair, and did knock his head against the gate, and his man did strike him several blows on one of his legs with his Cain, at which the Judge took no notice, so as to reprove them, for their so abusing of him; so he told them, that they that made the Laws were the first breakers of them, for whereas you should send two Justices of the Peace, you send the wicked Marshals, and their men, and a company of Judase's band to abuse us. Then the Judge spoke to the Jury, incensing them against us, saying, that we were a people that would not be subject to Magistracy, and that we would not swear, (swearing being a special part of God's Worship, etc.) and the Prisoner would have spoken more in answer to the Judges reviling speeches against him, but he was pulled from the Bar; and as they were having him away, he told them that they might have saved that labour, as to fetch us from Newgate, to make the people believe that they would do us Justice, you might as well have sent us word that we should be banished, and that would have saved both you and us the labour. Judg. Thomas Davis, what do you say yet, are you guilty, or not guilty. Prison. To what purpose should I plead, you might as well never have brought me hither to be tried by twelve men, for it's but merely for fashion sake, and to blind the eyes of the people, thinking to make them believe we should have a fair Trial, but he told them, they might as well have sentenced him before he came thither, for he did believe they were resolved what to do, and that it was observed, Jury or no Jury was all one, for if they were men that would not violate their consciences, in condemning the innocent, than they should be threatened, and fines laid upon them, as late experience in that place hath made manifest. And then Judge Keeling stood up, being in a rage to hear of their Injustice, and said that the Prisoner was made of nothing but railing, or words to that purpose; and further said, that if the Jury bring not in their Verdicts according to the intent and meaning of the Law, that they were not to receive it: to which the Prisoner answered, that he did believe the Juries were Judges in matter of Fact, and that they who are called Judges are obliged to receive, and to do justly between man and man; but to this they made no answer, and then they commanded that the Prisoner should be taken away, if he would not say guilty, or not guilty: then the Prisoner looking upon the Jury, said, that he was innocent, & he would not that they should be guilty of his innocent sufferings: then he was violently taken away and thrust into the hole amongst the Felons. Judge. Edward Patisson, what can you say for yourself? Prison. I was not at a Meeting that day which the Witnesses have sworn they took me on. Judg. Where were you then? Prison. Ask your Witnesses: then the Judges asked the Witnesses whereabout they had me? they said in the great room at the Bull and Mouth: then the Judge asked me where I was about 11 or 12 a clock? I said I was at home about the eleventh hour. Judg. How came you to be taken then? Prison. I was at Ann's lane end, and two halberd men came behind me, and pulled me by the Coat, and told me I must go to the Counter. I asked them for what, they answered, they could not tell, but said, you must go. Then the Marshal remembered himself, and said, that there was one taken out of the street at that time, but they taking little notice of it, and I not being suffered to speak any more, the Jury brought me in guilty among the rest. And John Fitz Gerrard, and John Salmon pleaded much to this effect. Judge. Hannah Camak what did you do at the Bull and Mouth? Pris. I was there to worship the Lord in Spirit and in Truth. Judge. You have said well, That is crime sufficient: Take her away. Pris. Is Worshipping the Lord in Spirit and in truth become a Crime amongst you? To which they gave her no answer, but haled her away. And so the Jury went forth a small time, returned again, and the aforenamed seven Prisoners were all set to the Bar, and the Jury were asked whether the Prisoners were guilty or not guilty? and answer was made guilty; and one Howell who is Deputy Recorder of the City passed the unjust and unreasonable sentence of Transportation upon them, to the Island of Jamaica there to remain for the space of seven years; much more passed between the Prisoners and the Court, which is not here mentioned; this being only a Relation in short, to give all or any that desire to understand how we are proceeded against, that in time to come none may say we did not know of these things. The Trial of Robert Witham at the Sessions-House in the Old Bailie the 10.11. and 12. days of the third Month 1665. HE being called to the Bar, and an Indictment being read against him, but he could not well hear what it was by reason of the lowness of the voice of him that read it, and the great noise that was in the Court. Judge Keling. Asked him whether he was guilty or not guilty? Pris. I am innocent before the Lord, for he knows the secrets of all hearts. Judge. You must plead guilty or not guilty. Pris. What am I guilty of? Judge. You have broken the King's Laws. Pris. I never had any evil in my heart against the King, nor against you, since I have known the Lord. Judge. There is a Law that you should not meet above the number of five. Prisoner. What would you have of me, would you have my life? the Judge said no. Pris. If the Lord require one thing, and you another, judge you whether I should obey? Judge. Take him away, and on the 12th. day of the aforesaid Month they passed their unjust Sentence upon him, to be transported to the Island of jamaica for the term of seven years, he not being tried by any Jury; and indeed it made little matter of their calling a Jury, for Jury or no Jury is all one, for that same Sessions there were three of the people called Quakers, that were to be tried by a Jury, and because the Jury did bring in the verdict according to their evidence, and contrary to Judge Kelings mind, and what he had intended, he threatened them exceedingly, and fined ten of them one hundred Marks a piece, and committed them to Newgate, there to remain without Bail or Maineprise, till payment thereof were made: so that all people may see and take notice what service Juries are of, and what service Laws are of, for if they would lay all their acts and Statutes aside, and Juries, and Witnesses, and say it is our wills that such and such things should be done against you, this would be plainer, and down righter proceed than those proceed which we receive under the pretence of a Law; and verdict of a Jury. The Trial of Joseph Haugh, Richard Thomson, William Stevenson, and Mary dal at the Sessions at the Old Bailie, upon the 22 day of the 4th. Month, called June, 65, where one Keling sat as Judge. JOseph Haugh being called to the Bar, and an Indictment read against him, much after their old form, and Witnesses sworn, the the Judge asked him guilty or not guilty? Pris. What benefit shall I have by pleading? the Judge answered I should be tried by the Country. Pris. If the Jury bring me in not guilty shall I then be cleared? the Judge said yes; then I said, the Jury might be sent to Prison for me. Judge. Oh are you there about, let them look to that, if they did contrary to the Law they should suffer, but you shall be cleared. Judge. Will you plead guilty or not guilty? Pris. Your wills are your Law, you must do your pleasure. Then he said, take him away. Then was set to the Bar, Richard Thomson, William Stephenson, and Mary dal, and an Indictment read against them, that they were taken at unlawful Meetings, or Seditious Conventicle; where they with others were met together, under colour and pretence of the exercise of Religious Worship, in other manner than is allowed by the Liturgy of the Church of England. judge. Richard Thomson are you guilty or not guilty? Prisoner. I am innocent, and have not offended the Law of God, neither have I wronged any man by word or deed, neither was I at any Seditious Conventicle. judge. Will you plead or not? Prison. What wouldst ●hou have me say? Judge. You must plead guilty or not guilty. Prisoner. I am not guilty. Judge. William Stevenson are you guilty or not guilty? Prisoner. I am innocent in the sight of the Lord, and do not know what evil I have done, neither have I any evil in my heart against any man, yet I dare not but fear the Lord more than men. Judge. Take him away. Judge. Marry dal are you guilty or not guilty? Prisoner. If I plead it will be little, or if not it will be all one, for your wills is your Law, but we know the Lord will plead our Cause. Judge. Take her away. And then Richard Thomson was called again, and some of the Marshall's Men swore against him, and the Jury was charged with him, and went forth, and within a little time returned again, and brought in that the Prisoner was guilty of breaking the Law, than the Judge risen up and said, what verdict was that, the Foreman said again that he was guilty of breaking the Law, the Recorder said that was enough, and then the Prisoner was put in the Hole, and after a little while the four Prisoners were all brought to the Bar, and the unjust Sentence of Transportation was passed upon them. It was observed that the same Jury at the same time, which brought in Richard Thomson guilty, brought in two Felons not guilty, which appeared in Court to be guilty: but the Innocent was Condemned, and the Guilty Cleared, for which the Lord will Visit. Much more might have been written concerning the Trials of the aforesaid Prisoners, and many Observations might be drawn from several Passages, but this is only a Relation in short, spread before the unprejudiced Reader to judge of with the Spirit of Meekness. THE END.