The Third Part OF THE CRY OF THE INNOCENT FOR JUSTICE.  
Briefly rela 〈…〉 Proceedings of the Court of Se. 〈…〉 Baley, the 11, 12, and 13. days of 〈…〉 th', towards the People of God 〈…〉 d particularly concerning the Trial and 〈◊〉 of Edward Burroughs, with about thirty P 〈…〉 more.  
Also relating the Proceedings of the Court of Sessions at Hickeses Hall, in the Month aforesaid, towards about fifty of the said People, who were taken and Imprisoned in the County of Middlesex in New Prison. With divers other things of concernment about the People aforesaid.  
Published for satisfaction to all.  
LONDON, Printed in the Year, 1662.   

A Brief Relation of the Proceedings, etc.  
THE First day of the Sessions, being the 11th. of the sixth Month, eleven of the People called Quakers, were fetched out of Prison, and led before the Judgement Seat at Old Baley, and immediately were called by Name and set to the Bar, and the Indictment was read against them on this wise (viz.) For being at an unlawful Tumultuous meeting, with force and Arms, to the Disturbance of the Peace of the King, and in contempt to him, and to the terror of the People, and to the evil example of all others in the li 〈…〉 ffending, etc. And then it was demanded of them 〈…〉 lie to Answer, Guilty or not guilty; and one 〈…〉, that he was taken up in the Street, and not g 〈…〉 any part of the Indictment; and another person be 〈…〉 to Answer, demanded a Copy of his Indictment, which was denied him, except so much money were given for it; And D. Baker answered, that he was both innocent and guiltless of the Manner or Tenor of the Indictment, and his innocent Soul and Life did witness against the same; and furthermore he said, That they expected Justice and Equity, and for them to give Righteous Judgement, they being Innocent People; But Alderman Brown upon the Bench, mocked with a whining voice, as if it were the sound of a Dog or Cat, and not like a man, especially one that is set to Rule over men, who should be as men of God; and D. B. said, It becomes not a Magistrate to scoff or mock at the Prisoners; and R. B. denied, and said he did not mock, but surely he did so, for thereby the Multitude were provoked to lift up their voices in laughter at his Lightness and Folly, in which he sported himself as his manner is, and he said, D. Baker did Cant, and such like scoffing words; But he answered, saying, I spoke in the Fear of the Lord, and I would that the same were set up, not only in the Hearts of the Magistrates but also in the hearts of all here present this day; And it was demanded of him, whether he were ready to receive his Trial, and he said, he was ready to receive Justice and Judgement, and they seemed to be displeased at his Reply; and it was put to him by the Court, whether he would be Tried by a Jury, and he said on this wise; He supposed there were men upon the Bench that might be sufficient to hear and determine the matter without a Jury, as to the Particulars in the Indictment; and they therefore turned him by, and others of the Prisoners did give their answer accordingly, and one said, That he was guilty of what was Truth, and not guilty of the contrary in the Indictment; And the Court said, That if the Prisoners were guilty of one part, they were guilty of the whole; To which was replied, Not so, for as it was Matter of Conscience to them to bear witness for the Truth, so it was Matter of Conscience to bear witness against the contrary; and it was said p 〈…〉 ure, there might be some words in the Indictment 〈…〉 themselves might be true; and others of the 〈…〉 eas to the Indictment they accepted of, for not 〈…〉 and others because they did not plead so in their Form and manner of Terms, they would not allow of their pleas for not guilty. Albeit, one was nothing at all concerned in the matter, being taken up as an innocent man in the street, without the breach of any Law, either of God or Man, and had then suffered more than thirty day's Imprisonment, and been before the Judgement Seat twice, at two several Sessions, and not tried, nor his Innocent cause pleaded, nor he set at Liberty, but with many more have been thus taken too and fro, and hurried to Prison and from Prison, to the Judgement Seat, and from Judgement to Prison again, but the Lord God of Judgement will be eased of his Adversaries, & plead the Cause of Innocency, and Recompense Vengeance in his sore displeasure upon the Head of his Enemies in one day; Behold, behold, it hasteneth and cometh to pass.  
And so because they could not try them all, they said they would try none of them till next Sessions, and so sent them all to Prison again, but as the Jailers was hurrying of them away, D. Baker spoke the words of Christ, saying, If ye had known what this meaneth, I will have mercy and not sacrifice, ye would not have condemned the guiltless.  
And the next Morning he wrote a few Lines to Alderman adam's, to the end he might move it to the rest of the Magistrates upon the Bench, that they might be called to a Trial, seeing they had dealt so with them the day before; and forthwith the Marshal of the City was sent, to demand of them or move them to it, (viz.) If that they would confess to him that they were at a Meeting, and at such a Meeting as was mentioned in the Indictment, they should go and be Tried, and favoured it may be, with a small Fine, he said; But in the Fear and Name of the Living God he was withstood, and the Prisoners kept out of the snare, and they let him know that his Message did tend to so much, as if he should come to persuade innocent men that they were thiefs, and confess it to him when they were guiltless; And he said, What Answer shall I return the Court? After we had debated the Matter, we said again and again, That if we should confess that we were not at all at a Meeting, than we should not confess to, but deny the Truth; for its true, we were at a Meeting, and it was a Meeting of the Innocent, Harmless People of God, to Worship Him; But we denied and witnessed against such a Meeting spoken of in the Indictment, of which we were wholly Innocent and Guiltless, after this manner we spoke to him, and he went his way, saying, It's in vain, than all would be to no purpose, and such like words; and nothing further was done in that matter.  
The twelfth day of the Month, being the third day of the week, first about twenty of the Prisoners were fetched out of Newgate by their Keepers, and led to the Session's House, where were sitting on the Bench, the Mayor of the City, Alderman adam's, Alderman Brown, and Counsellor Howel, who sat Judge at Law of the Court, as Deputy Recorder; And E. Burroughs was presently called by Name to the Bar, with about eight persons more of them called Anabaptists; and being set at the Bar, the Jury men were called and Sworn, the same who had served the day before, and at the second person laying his hand upon the Book, E. B. moved the Court in these words; Desiring to know what privilege the Law of the Land allowed the Prisoners in making exceptions against the Jury men, this he desired to know of the Bench he said, because he did not know the particular points of the Law in that case; To which the Deputy Recorder answered, they might make exceptions if they had good reasons for it; but the Persons being strangers to all the Prisoners, they made no exceptions, having no knowledge of the men, and so could not well except against any of them. The Jury been sworn, the several Indictments were read in the Court, E. Burroughs the first of all, according as the Prisoners stood Indicted at the Sessions about five weeks before, a Relation of which Proceedings, with the Indictment Verbatim, ye have in our Second part of the Cry of the Innocent for Justice, lately published, though for our more orderly manifesting the Truth to the perfect knowledge of all men, 'tis necessary that we insert again in this place, the said Indictment, which is as followeth, (viz.)  
LONDON, ss.  
THE Jurors for our Lord the King 〈…〉 sent upon their oath, that Edward Burroughs late of London, together with divers other persons to the said Jurors unknown, to the number of a hundred persons, the first day of June, in the fourteenth year of the Reign of our Lord King Charles the second, of England, Scotland and Ireland, Defender of the Faith, etc. With Force and Arms, etc. in London etc. To wit, in the Parish of Saint Ann and Agnes, in the Ward of Aldersgate, London aforesaid, Under pretence of performing Religious Worship, otherwise then by the Laws of this Kingdom of England, in this Kingdom is established, Unlawfully and Tumultuously did Gather and Assemble themselves together, to the great Terror of his Majesty's People, and to the disturbance of the Peace of our now Lord the King, in contempt of our said Lord the King and his Laws, to the evil Example of all others in the like Case offending, and against the Peace of our Lord the King, his Crown and Dignity, etc.  
This being read by the Clerk, he proceeded to give the Jury their Charge, on this wise, That whereas the Prisoner at the Bar stood Indicted for an Unlawful and Tumultuous Meeting, under pretence of Worship, contrary to the Law of the Land, as in the Form of the Indictment they had heard, and had pleaded not guilty of the said Indictment; Therefore according to their Oaths, they were to make true inquiry between our Lord the King, & the Prisoner at the Bar, in the case for which he stood Indicted, and without favour or affection to try the matter, and give their verdict according to their evidence, whether the Prisoner were guilty in Form and Matter as he stood Indicted. This was the sum of the Charge given to the Jury. This being done, E. Burroughs in particular was set to the Bar, and three men called by Name for to give evidence (to wit) William Branch, Thomas Glover, and Henry Walker, all of them of the Parish of Mary Maudlyn's Old Fish-street, all of whom took their Oath according to form, That they should speak the Truth, and nothing but the Truth concerning the matter inquired of them, as God should help them; And having taken their Oaths, they were bid to look upon the Prisoner, and speak what they could say concerning him as to the matter for which he stood there Indicted; Accordingly the first began to speak on this wise, That whereas he being an Officer in Captain Coulchester's Company, was commanded by his Captain on a certain day (being the Sabbath day as he said) to go with three files of Musqueteers to the Bull and Mouth, where the Quakers were met, in Order to break their Meeting as he was commanded; and then and there he found the said people met together, to the number of about three or four hundred, as he might suppose, but justly he could not tell how many, and amongst them this same Mr. Burroughs (said he) now at the Bar, this same person was standing upon a place, and speaking amongst them, speaking, yes, Preaching to them in their way, (said he;) and further, he commanded his party to march up the Meeting to the place where this Person (now at the Bar) stood, and he bade him come down and cease speaking, but he would not, but made some resistance; whereupon he commanded his men to pull him down by force, which accordingly they did, and then took him out of the Meeting, and he and his men guarded him to Paul's where their main guard was, and he delivered him (this same person now at the Bar) to his Captain, and this I testify upon my Oath, said he, etc. This done, the second person was called to speak what he could say in that case concerning the Prisoner at the Bar; to which he said, he could say to the same purpose that the person before had testified, That whereas he was one of that party commanded to go to the Bull and Mouth where the Quakers were met together, and there they found this same Edward Burroughs now at the Bar, Preaching amongst the People, and according to command they pulled him down, and took him away to their Captain, and this was all he could say. Then the third evidence was called, and he was asked by the Court what he could say in the Case concerning the Prisoner, his answer was, That he had only to say what the other two before him had said; That whereas he was one of the party of Soldiers commanded to go to the Quakers Meeting, and there was this man (now at the Bar) standing up and Preaching amongst them, and they pulled him down, and took him away to their Captain, and he had no more to say; Thus the evidences gave witness, and this was the sum of what was said by them all. Then the Deputy Recorder asked of them, if they were certain this Prisoner was the self same man, and how many people they thought were at the Meeting; to which they all answered yes, they were sure this same person was the man, and there might be some hundreds at the Meeting, but how many they could not justly tell.  
Then the Court spoke to E. Burroughs, and asked him, What he had to say for himself in this matter he stood there Indicted, and had pleaded not guilty, and he had heard the Witnesses against him, and if he had aught to say he might now speak. To which he began to speak on this wise, That he was glad he was permitted to speak in defence of his Cause, and he hoped they would fully hear him in what he had to say; He was no Lawyer, and therefore unskilled in the particular points of the Law, and should not take in hand to proceed as such a one, but in as much as God had given him a measure of Reason, and a property of Justice, and a principle of Equity, to discern of different things, he should make use of the same, to defend the Innocency of his Cause, against the Charges falsely laid against him in the Indictment; and therefore he desired their patience to hear— but while going on in this Discourse, to moderate the Court, and to prepare their minds for Audience, and that he might come discreetly to the matter; the Judge of the Court stopped him, and interrupted his Speech, and told the Prisoner, That he must be pertinent and brief, for they had much to do, and could not be held in long discourses.  
To which the Prisoner replied, his Cause was weighty, and desired time of deliberate hearing, in order to sound Judgement; and he now was to plead on the behalf of his Life and Liberty, for aught he knew, it might prove so; but he should (God willing) be as brief and pertinent in what he should say, as the Case in hand would permit; yet could he not be bound up to so many words, nor to such a moment of time; but now he would proceed to make his exceptions, which was as to the Witnesses, that they were not competent Witnesses, for— About this time the Judge interrupted again, and asked the Prisoner, What Country man he was; To which was replied by the Prisoner, Let the Court take notice (said he) how that but a very little before, thou desired me to keep close to the matter, and to be pertinent to the purpose, and now thou hast interposed a question altogether by the business, to lead me from the occasion in hand, and as it were, to pervert my speech from what I was going upon, and this is not very fair; at which words the Judge seemed highly displeased, to be so taxed in the Face of the Court by the Prisoner; and told him, It was not fit for a Prisoner to give such words at the Bar, and the reason why he asked him his Name, was because he had said, he knew not the Laws of England, and therefore could not tell whether he was an English man, for every English man must needs know the Law of the Land; To which E. Burroughs replied, he only said, he knew not the particular points, or every particular point of the Law, and not that he knew nothing at all of the Laws; and as to his Country, he had been for the most part at London for this divers years, and did pertain to this City; and desired he might be permitted to go on in his defence of his cause, and to show his exceptions against the Witnesses, which the Court gave him leave to do: And then he did assert, that the said persons were not competent Witnesses in this Case, and therefore their evidence ought not to be taken, against him, for they were a party against him, and not indifferent men, and they could not Justly and according to right, be both Party, Prosecutors and Witnesses against him; That they were a party, it was manifest by their own words; in as much as they had testified, they took him so and so, in the capacity of Soldiers, by force of Arms, which was not by due prosecution of the Law of the Land by civil Officers, by Warrant from some Civil Magistrate, or by Constable, etc. And the Prisoner further testified in these Words, That these men who now appeared against him as Witnesses had themselves violated the Law of the Land, and done violence unto the Laws and Government of England, in that by force of Arms, and not by due process at Law, they had seized upon his person, contrary to Magna Charta, which saith, No man shall be taken, or imprisoned, or disceized of his freehold, but by the Law of the Land; And also the King's late Proclamation, of the eleventh of January, 1660. (which then he held in his hand at the Bar) wholly prohibiting such manner of seizing upon men's persons as he would show them, by reading the very words of the Proclamation if they would permit him; and therefore, in as much as these three Persons now witnesses against him; had done thus contrary to the Law of the Land, and against the very form and force of the King's Proclamation, in apprehending and imprisoning of him by force of Arms, by reason of which they were liable to an Action at Law, if he pleased to bring it against them, for such their illegal seizing upon him, and this both the Court and Witnesses themselves knew might be done, and therefore to Justify themselves in such their unjust Action, and to save themselves from what danger they were liable to for the same; they did now come witnesses against him, and their now giving Testimony against him was to their own advantage, and to justify themselves in wrong doing, and to preserve themselves from that danger which might justly come upon them; And upon this reason he did except against them as not indifferent men, nor competent Witnesses against him in this Case,— Hereabout the Judge spoke to him, and told him this was not to the business, and he must be short, for they would not suffer him to make such a flourish before them, nor to Preach and Prate to them in the Court, and he must prove, That these men had seized upon him contrary to Law; to this purpose he spoke, and seemed to be much offended at what the Prisoner had spoken.  
To which E. Burroughs again replied, That these three persons themselves had out of their own mouths proved what he said, they had told the Court, how they were sent in files of Armed men, and how they seized upon him by force thereof, and led him away Prisoner; and they had neither lawful Warrant from any Justice of the Peace, neither was there any Constable came with them, which he did assert was an illegal apprehending of him, and contrary to Magna Charta, and he would but read the words of the King's Proclamation to them (which he still held in his hand for that purpose) and that would make it more plain,— Hereabout the Court stopped him again, and denied him Liberty to read the Proclamation, saying, that was nothing to the purpose, and the Judge said, He should not overrule the Court, and do not ye see (said he) how he flourishes, and he would delude all the people, take him away Gaoler, he must not be suffered to speak thus; Then some attempt was to take him away by force, but it was not then done; But the Prisoner kept close to his matter still, telling the Court and Jury, that these men were not fit persons to witness against him, in as much as they had so unjustly and illegally taken him, etc. without any warrant from any Justice of the peace, or due process of the Law of the Land, etc. Hereupon Alderman Brown stood up, and said, He would justify their taking of him, and some say, he was heard to say on the Bench, he sent them to the Meeting to take him, and it was lawful enough, etc. And Alderman adam's said, that seeing Sir Richard Brown had sent him to Prison, and sent his men to take him, it was Lawful; for, Sir Richard Brown was a Justice of the Peace; To which the Prisoner replied, That though Alderman Brown was a Justice of the Peace, yet in the capacity of Major General of the City Regiments, he sent his Officers and Soldiers to take Friends at their Meetings, and not in the place as he was a Civil Magistrate, for than he might and should have sent his Constables, or such Persons, by Warrant under his hand, and not rude Soldiers in such a war like posture; and therefore his being apprehended by these persons that had witnessed against him in the capacity of Soldiers, still made it appear, they were not competent witnesses in this Case against him, for they were a party, and violaters of the Law themselves, etc. Here again the Court interrupted him, and the Judge told him, That their evidence was good enough, and that if they had wronged him, he had his liberty of the Law against them, and might do what he would in that case, but their evidence the Jury might take; To which was replied again by the Prisoner, that if their evidence was taken, and he thereupon brought in guilty, and so condemned, and upon that cast into close Prison there remaining, how should he be capable to help himself in any prosecution of the said men, if he had a purpose thereunto, and also the Judgement of the Court against him upon their evidence, would justify them in what violence they had done against him, and therefore now only was the time for him to except against the insufficiency of the men and their evidence, or else never; And therefore he desired the Court and Jury to consider the matter well ere they determined it, and also affirmed that he had Law and Reason and Truth of his side, and if they brought him in guilty it was not justly done,— Here again the Judge interupted and said, He was not to be suffered to prate in that manner at the Bar, and cried take him away, we will not hear him; and he would delude all the People, and he should not overrule the Court, etc. And hereupon he was taken by force from the Bar, and then he cried out he should appeal to the Mayor of London for fair dealing in his Trial; and will not the Court hear, will they not hear me in defence of Truth? whereupon the Mayor stood up, and called to E. Burroughs, and desired him to speak moderately and not offend the Court; To which he made answer, he was never yet reputed an immoderate person, and he spoke as moderately as his Cause would permit, and desired not to offend any; now the reason of the Court being offended, was at the manner of the Prisoners discourse; which was with a force over them undauntedly and confidently, and so boldly as if he had not been in the capacity of a Prisoner at a Bar, and sometime acting with his hands stretched out, and his arms abroad, appealing to the whole people to justify the truth of what he spoke, and 'tis supposed that for such cause, the Judge and Court took offence at him, for they said often, he was peremptory, and such like.  
But after a little stop, the Prisoner began to speak to the matter again, still urging the Court and Jury, that the Witnesses were altogether insufficient persons, and told them, he would once more lay it before them, and then leave it to their considerations; Then the Judge interrupted, and said on this wise, telling the Prisoner that he had nothing to say, but to these two things; First, Whether he could prove by Witnesses upon Oath, that he was at any other place that day and time mentioned in the Indictment, if he could do this, his Witnesses should be heard; Or secondly, If he was at that Meeting, then to show some lawful Warrant, by the Authority of the Land, for his so being, if he could do either of these, it would be heard, and might avail him, else he had nothing to say, and the Court would hear no other matter.  
To which E. Burroughs replied, He should now cease his Plea of the insufficiency of the Witnesses, and leave what he had said to the Jury, and commit it to their Consciences, and also should now proceed to the Matter contained in the Indictment, for he had not yet spoken to that, and he had much to say, to show the falcity of almost every line in it, and he had a Copy of it there in his hand for that purpose, to plead to it; And first of all he should move this to the Jury, as to state the point directly to them, whereupon the issue of the Case lieth, as thus; The Case to be sought into and determined by the Jury is not (saith he) whether I was at a Meeting at all; but whether I was at such a Meeting for which I now stand indicted (that is to say) Such a Tumultuous, Riotous Meeting, by force of Arms, etc. This is the point determinable, for (said he) I confess in my judgement, I own this Practice of Meeting together for the Worship of God, and I myself have been at hundreds of such Meetings,— To which Richard Brown quickly replied, So shall you never be at any more; but said the Prisoner, I never was in all my days at any such Meeting as is mentioned in the Indictment, and for which I am now upon my Trial, and therefore (said he) I desire that the Jury would observe this very thing; and in Conscience upon their Oaths Judge upon this point, whether they find not whether I was at a Meeting, but whether I was at such a Meeting for which I now stand upon my Trial, specified in my Indictment; and this I shall leave with the Jury, said the Prisoner.  
To which the Judge replied, That he had said lately, he knew not the Points of the Law, but now he had found out a strange Point, but it should do him no good, for the issue lay not there, but if he was at a Meeting, it was sufficient; and Richard Brown also said the same; and therefore said the Judge, If ye have any thing as to the two particulars I have mentioned, ye shall be heard, but nothing else will we hear.  
After a little stop, E. Burroughs spoke again to the Court, and told them, That this common Law (which they had said was not written) but lay in the Breasts of the Judges (this was said both then and the Sessions before) he was not well knowing in, neither the extent of it, nor the penalties of it; but the Parliament had lately made a Law in particular on purpose against Meetings, and it might be supposed that their intent was by that Law, to abate the force of all other Laws, which might any ways take hold upon any for Meeting together; and the occasion of that Law lately made was on this wise; The King at and since his late coming into the Land, had made divers promises to us for the toleration and allowance of Liberty of Conscience, which promises they might expect the fulfilling of,— Here the Judge again interrupted and told him, He should not be permitted to speak on that wise, nor to overrule the Court, and they could have no longer patience; and he spoke somewhat to the Jury, telling them, they had heard the Witnesses against the Prisoner, and they might proceed, and cried, Take him away Gaoler, which accordingly was done, and they pulled and haled him by force from the Bar, though the Prisoner kept on speaking, and desired that the Court would hear him yet a little further, for he had not done, and he should offer both Law and Reason against the Indictment, and he supposed it was his right by the Law, to speak the last words to the Jury (in the mean time of this Discourse, the Keepers were haling of him from the Bar) and it was a hard matter (said he) not to be permitted to speak for himself in his Cause, now when his Liberty was at the stake, and his Life too it might be, for Alderman Brown had threatened him so and so as they had heard, and he knew not but that it was to destroy him, and therefore of right he claimed liberty to plead his Cause to the Jury, who were his only Judges in matter of Fact, and not the Court,— At which the Court seemed offended; but by this time the Prisoner was haled quite away from the Court, and set by, and not suffered to speak one word more to them in defence of his Cause.  
Then next of all were set to the Bar some persons more of them People called Anabaptists, and their Indictment was read to the Jury, and a Person was called to Evidence against them, who testified upon Oath, that the Persons there Prisoners at the Bar, were at such a day and in such a place met together, and he was one of the Party sent to apprehend them, which accordingly was done, and these were the very Persons; and this was the sum of the Evidence given against them. Then they were asked one by one, what they had to say for themselves? To which one of them answered, He had little to say but what had been said by the person last at the Bar; and he for his part saw that they would not hear Reason, and he thought they were purposed already to do what they would, whatsoever could be said; which the Court took as some reflection upon them, though by the effect it was proved true, That they intended to keep them in Prison, whatsoever their Cause should appear to be in the Trial: Another of them answered, As for meeting together to Worship God, it was his judgement so to do; yet their Meetings were peaceable, and not unlawful nor tumultuous; and to this purpose most of them answered, only one Person told the Court, he confessed he was at their peaceable Meeting, and it was his judgement and Conscience to meet together among his Friends separate from that Public way of Idolatrous Worship set up; at which words the Court took great notice, and was much offended, and Alderman Brown cried to the Gaolers, Take him away and lay him up, for he shall be tried for his life for those words; they are seditious words, and he shall be tried for his life for them; and the Court cried, Take him away, which accordingly was done, and he sent into the Goal again: This is the substance of what is remembered concerning them, only they pleaded much there was but one Witness against them, and they ought not to be Condemned by one Witness; and thus much shall suffice, for 'tis supposed some of themselves may make a more exact Relation of the particulars concerning themselves.  
The Court and Jury having heard their Defence, or at least a little of what they had to say for themselves, they were set by; and next were called about twelve Persons more of the People called Quakers, and set to the Bar, and their Indictments read to the Jury; Then a Person was called to give Evidence, who when he had sworn, said, I am now upon my Oath, and do testify that I saw all these persons at a Meeting at a House in Tower-street on such a day, we being sent (said he) by our Captain to that place, a party of Musqueteers went to that House, and we found them met together, and one Preaching among them, and we seized upon them and brought them away, and these are the Persons, and this is all that I can say, said the witness; Then the Judge said he must mention in particular by pointing at each man in particular, and say that he saw him there; to which the Witness said, he had their Names in a Paper, and he would look upon that, for he might not know all their Faces, and these men's Names he thought he had there, and looking upon his Paper, he said, The 27th day of May these persons were taken out of a Meeting, and he himself was one that took them, etc. Upon which one of the Prisoners, an ancient man, Robert Craven by name, looked upon the Witness, and asked him in these words, Didst thou see me there at that Meeting? and the Witness being a little struck in his Conscience, said Nay, I did not see you there, though before he had said upon Oath he saw them all there: Also one William Newill asked him also if he saw him there that day; and the Witness said Nay, he did not see him there; yet presently afterwards said he did see him there; which put a damp upon the Court, perceiving the Witness so to contradict himself, in saying and unsaying, and stammering as he did very confusedly; and the Auditors hissed at him, and some whispered shame that such a man's Evidence should be taken against honest men. And another of the Prisoners moved the Court to take notice of the falseness of the Evidence in this particular, whereas he had said it was the 27th day of May that the Meeting was at which they were taken, and the Indictment signified the 25th day of the Month, and here was a contradiction between the Indictment and the Evidence, and desired the Court and Jury that they would take notice of it; To which the Judge replied, speaking to the Jury, There was seemingly some colour of Exception against the Witness to make void his Evidence from that man's Exception, yet there was little in it for them to take notice of, for if it was the five and twentieth day of the Month as specified in the Indictment, than it must needs be the seven and twentieth day, for the Law (said he) supposes the Fact to be done the 25 day, and every day since, and so the 27th day; and thus the Judge of the Court (viz.) the Deputy Recorder in divers other words to this effect, seemed to justify the Evidence that was so false and contradictory and unsound, as was manifestly apparent to the whole Company that were then present, who did many of them well observe how Justice and true Judgement were turned backward, and Truth and Equity could not enter, but whatsoever poor men's Case appeared to be in Trial, and how innocent soever they were found, yet it appeared the Court was resolved to go on against the Prisoners, and to send all back to Prison again.  
Another of the Prisoners being asked by the Court what he had to say? He answered, that the Witness had sworn falsely, 1. In that he had said he saw all the Persons named in the Indictment at that Meeting. 2. After he had so said upon his Oath, yet he confessed that two of them he saw not there. 3. In that he had said there was one Preaching among them when they were taken in the Meeting, this was a Lye. The Mayor spoke to the Prisoner, and bade him Confess he was at the Meeting, and he should be dealt favourably withal: To which the Prisoner replied, I am not guilty of being at such a Meeting as is mentioned in the Indictment, but meeting together in the fear of God for his Worship, I own and am content to suffer for, if it be the loss of my natural life; but the Witness (said the Prisoner) hath sworn falsely, and he that will swear will lie, according to the proverb; and he bade the Jury do in the case with him, as they would be done unto.  
Another of the Prisoners looked upon the person, who Witnessed against them, and he asked him, Art thou sure thou saw me at the day and place at that Meeting; The witness answered, Yes, I am sure I saw you there; and said the Prisoner again to him, And didst not thou then see also how Richard Brown did beat me, and kick me, and strike me under the Chin when I was before him at his House the same time I was sent to prison, which was a shame to any Magistrate to do so with any if never so great a malefactor; Well, but said the Prisoner further, I confess (said he) I was at that Meeting, as my duty to God it was so to be; and I am persuaded the time will come, and that I shall live to see it with these same bodily eyes, that we shall meet together at that place, when you will not be there to disturb us. At which words the Court seemed not to take much notice, only the Judge told the Prisoners, and partly directing his speech also to the Jury, That there was nothing to be said by the Prisoners, that the Court or Jury could regard, as matter of weight on the Prisoner's behalf, saving the two things beforementioned, (to wit) First, Whether they could prove by good evidence, that they were at any other place that day and time mentioned in the Indictment, if this could be done, they should be heard. Or, Secondly, if they were so met together, then to show some lawful warrant for so doing, by the Authority of the Land; to either of these two things they should be heard, else not to say any more, for they would not hear them; to which some of the Prisoners began to say somewhat, but were not permitted by the Court, and then the Gaolers took them away and set that Company by.  
Then was called to the Bar about 8 or 10 Persons more of them called Anabaptists, and their Indictments were read to the Jury, and a Person called and Sworn to give Evidence against them; who gave his witness on this wise, That whereas he was Commanded by his Captain to go with a party of men to Beech-lane, where they were informed these People were met together; accordingly he and his Party marched to that place, where he found these Persons now at the Bar in a Meeting, and such a one of them Preaching, and he and his Soldiers did take these men out of the Meeting, and brought them away to the Guard; and this was the sum of his Evidence: Then the Prisoners were asked by the Court, what they had to say for themselves. To which some answered, the Indictment was false every line of it, and as many lies in it as lines, which the Court seemed offended at; Another of them said, that for his part he saw it was to no purpose to say any thing, for they would not hear Reason, and therefore he should be silent; Another said, That whereas it was said in the Indictment, they were met together by force and Arms, This was false, for they were neither in force nor arms, to which the Judge replied on this wise, That was only matter of form in Law, in that it was said, by force and Arms, and the Law supposed, that whatsoever act or thing was done contrary to the Law of the Land, it must be concluded by the Judges of the Law, that that Act and thing was done by force and Arms, because contrary to the Law; Thus the Deputy Recorder Howel, the present Judge of the Court, spoke to satisfy the Jury, as if that notwithstanding every word in the Indictment was not absolute true in the plainest sense, yet one way or other by such gloss and interpretation it might stand true; but how this could satisfy the jurymen's Consciences, I know not, for I perfectly observed, that the charge to the Jury was in these words, to make true enquiery whether the Prisoners were guilty in form and matter of the Indictment; but in the proceedings, the form is made nothing; for Richard Brown divers times said, If they were at a Meeting, if this was proved it was enough; and it appeared to be the Judgement of the Court also, that if the Prisoners were proved to be at a Meeting, and a Meeting under pretence of the Worship of God, whether such Meeting was peaceable or with force of Arms, it was not material; if they were Meetings either under pretence or really for the Worship of God; Tavern Meetings, and Playhouse Meetings, and Whore-House Meetings were not Inditable, at lest no mention was made against the evil of such Meetings at that time, but only where they met under pretence of the Worship of God; if so, and that this was seemingly proved, it was enough for the Jury to find guilty, and the Court to Sentence; Well, but to return again to the present matter, The Judge spoke to the Witness, and asked him if he was sure that these were the persons that were taken at the Meeting, and he might point to them particularly, and say, He saw this man, and this man there; To which the Witness replied to the Mayor and Court, My Lord (said he) I do not remember the faces of all of them, nor do I know them by Faces, but I have a list of these men's names, (and looked upon it) said, these men's names I have which were taken at that Meeting, etc. The Court made a little stop, thinking this was not a very perfect evidence, and many people were seen to wag their heads in contempt of such doings, and that such evidence should pass; for it may be truly considered, that though he had such Names in a list, yet there are many and divers men in this great City of one and the same name, and what evidence could that be against persons whose faces he did not know nor remember, as himself said, let honest men judge in the Fear of the Lord; Well, but the Prisoners excepted against the Witness, and because but one Witness; mentioning that Text, some of them, that under the mouth of two or three Witnesses every thing should be established, much objecting against the insufficiency of one Witness, but that had no entertainment with them, only the Deputy Recorder, spoke to them, as he had done to others before them, That they had nothing to say, saving to the two things before mentioned; First, Whethey could prove they were at any other place that day, and not at that Meeting for which they stood Indicted; Or Secondly, If they were at that Meeting, then what Warrant by the Authority of the Land they could show for their so Assembling together; If they could say any thing on this behalf, they should be heard.  
To which one of the Prisoners replied to this purpose, that the King had promised Liberty to tender Consciences, and to him in particular he did promise at such a time that they should have their Meetings quietly, if they would live peaceably; The Court took little notice of what he said, only asked if he had any Witness of it, the Prisoner then said, not present here, but mentioned one of the Howards, that was then present with the King when such promise was made; and also the Prisoner said, 'Tis a general Maxim concerning the Law, That no man whatsoever can dispense with any Law of God, nor no Authority ought to command any thing, contrary to the Law of God, and I am sure (said he) our Meetings are according to the Law of God, and desired to ask the Court a question, and they gave him liberty. I desire to know (said he) whether the Laws of England, be contrary or according to the Laws of God. The Judge answered, That the Laws of England were according to the Laws of God, God forbid else (said he.) To which the Prisoner replied, Well then (said he) If the Laws of this Land be according to the Laws of God, as ye say they are, than we have sufficient Warrant for our Meetings, from the Laws of the Land, because our Meetings are according to the Laws of God, and justified thereby; and being warranted by the Law of God, we are Warranted by the Law of the Land also, if they are agreeable, and not contrary one to the other, as ye say; And said he, ye may read in the Scripture, that the Apostles met together in an upper Chamber, both men and women; and at another time were met together, to the number of 120. persons.— Hereabout the Court stopped his Discourse, and would not suffer him further, and told him, That was in the infancy of the Gospel, and the Rulers were then Heathen, and persecuted the Christians, etc. Not much more the Prisoners were suffered to say that is now remembered, but all taken away from the Bar, and the Judge spoke to the Jury on this wise, That they had heard the Matter, both what the evidence could say, and also what the Prisoners had said, and now they might proceed; and the Jury arose up off their Seats, and went out to seek their Verdict, and as they were a going, E. Burroughs spoke to them, and told them, he hoped they would be more just, then to pass upon him, and not hear him first to the utmost of what he had to say, as they knew he was not permitted to speak for himself, what he would have done in defence of his Cause.  
Well, the Jury stayed out about half an hour, and returned to their Seats at the Bar; and the Clerk asked them if they were all agreed? they said, Yes; He asked them who should speak for them? they said, their Foreman; Then the Prisoners were called by name, E. Burroughs the first, and set to the Bar, and the Clerk bade the Jury look upon the Prisoner, and give their Verdict, whether he was guilty or not guilty of the Fact whereof he stood Indicted. The Foreman answered, Guilty. Thus they did by all the rest, and every man was returned Guilty by the Jury, save Rob. Craven and W. Newil, about whom the Witness made such a stammering contradiction, as before ye have heard; and one of the Prisoners at the Bar, when the Jury pronounced him guilty, he made answer in these words, I would not (said he) for a hundred pounds, but be found guilty of Meeting together to Worship God. When the Jury had pronounced the Prisoners guilty (in the very time of doing it, came Sir Orlando Bridgeman on to the Bench, and sat down) E B. spoke to the Court, Saying, He desired to know the Names and places of the Jurymen, and of the three persons who had given evidence against him; and he desired them three might be there the afternoon, and he should prove them false Swearers, as he could have done in divers particulars. And also spoke aloud to the Court, That he should appeal to Judge Orlando Bridgman for better Justice, and should move him and the Court the afternoon in arrest of judgement, for he would have the matter heard over again.  
And he spoke to divers of the Jurymen, telling them, They had done injustly, and while he had a Tongue to speak and a Hand to write, he should not spare to show their unequal proceedings, who had condemned him, and not heard him to the utmost. It was observed by a Person in the Court, after all the Prisoners were gone, that some of the Jury spoke to the Court as they were passing away, that E. Burroughs had threatened them; What should they do? Answer was made to them, Do not heed what he saith, for we will stand by you, and more words to the same effect, which the Informer could not well hear nor remember; and what may be judged of this by wise men, but that there was an agreement between the Court and Jury against the Prisoner.  
The Court immediately adjurned till after dinner, and all the Prisoners were led and driven back to Newgate again  
The Afternoon of that day none of the same Prisoners were had down to the Sessions, but some others were of the same People, in order to Trial; and some were tried, and others were called over, but no man appeared as to Accuse them, nor Witness against them; so the particulars that passed in the Court that afternoon, we have not yet had a Relation of, and so in this place must pass it, and pass on to the proceedings of the Court the next day, which was as follows.  
In the Morning early, all the said Prisoners that had been Tried the day before were had down to the Court, and also Four Women that had been taken at the Bull and Mouth about a Week before, who were the first Called, and their Indictments read for being at an unlawful and tumultuous Meeting, etc. as they say; and it was demanded of them, Guilty or not Guilty? to which the Prisoners pleaded after some few words betwixt them and the Court, Not Guilty; then they were set by. Next was Called E. Burroughs and set to the Bar, and so after him every man by Name was called and set to the Bar that had been tried the day before; and the Clerk of the Court read a Paper, which pronounced every man Fined so much, some more and some less as the pleasure of the Court was; when they had read all over each man fined so much, and to lie in Prison till payment.  
E. Burroughs spoke to the Court, and told them, He had not heard his Sentence; the Clerk told him over again, he was fined one hundred Marks, and must lie in Prison till payment. To which he Replied again, he looked upon this way of passing Sentence, not to be just, nor yet according to their own Custom; for he expected they would have asked him (according to their usual manner in that case) what he had to say for himself, why Judgement should not pass, for he had much to say on that kind, and bad the Court remember that yesterday he moved them and Orlando Bridgman, one of the chief Judges of the Land, in arrest of Judgement, and did now again move the same, and that Judgement might be stayed for a time, till the next Sessions, or if they would not give him time till then, then but till the afternoon, he desired to arrest Judgement, and in that time he would produce divers Statutes contrary to the Form of which these proceedings towards him were; He said he was no Lawyer, and therefore could not now nominate to them the particular Chapters of the Statutes which he desired to insist upon, and therefore desired time till the next Sessions, or but till the afternoon. Alderman Brown made answer and told him he should have time; but the Recorders Deputy (Judge of the Court) told the Prisoner he could not have longer time, they could not admit it: To which E. B. replied, If they would not give him time in arrest of Judgement, than they denied him both Law and Equity; for themselves knew it was very usual in many Cases for Persons after Verdict given in, to have time allowed them in arrest of Judgement, and particularly himself had once at a certain place a false Verdict brought in against him, and he did move the Court at that time in arrest of Judgement, and it was allowed him by Sergeant Hatten, who was then Judge of that Court, and he hoped he might have the same now.  
To which the Judge Replied, He knew Sergeant Hatten well, but his practice was no example to them, for do you think (said the Judge to the Prisoner) that we can give you time for you to take the Indictment and Consult with Lawyers, and seek this occasion and the other against it, this we will not do (said he) but if ye have any matter or point of Law now to move we will hear you, but we shall give you no longer time: To which E. B. again Replied, Then he should say it was a surprisal of Judgement, and very hard to be so dealt withal, not to have time till the afternoon, that he might give in his Exceptions against the false Verdict brought in against him; and what if he had a mind to Consult with any Lawyers in the Case that knew the particular points of Law better than himself; why should he not do this, his Fact was not so Criminal, nor of so large extent, but that the Law would allow him Counsel if he had a mind to use it, for if he were Attainted of Treason (which his present Case was not comparable too) yet in some cases of Treason, he thought the Law would allow Counsel, and therefore he knew not why such exceptions should be made against him, as if he could not be admitted Counsel in his Case, if he had a mind to use it; Hereabouts the Judge interposed, and told him, He should not be suffered to overrule the Court, and (said he) Ye think to overrule the Court to day again; And do not ye see how he flourishes, I tell you (said he) ye must not have time longer, but if ye have any matter now to except upon, we will hear you, or tell us what point ye would insist upon if time were given you. To which E. B. Replied, It was but yesterday since he was Tried, since which time, he had scarce opportunity throughly to consider and state the Matter, for he was with many more of his Friends, thrust up into such holes, and so thronged together, that he believed they would hardly suffer their dogs to lie as they were forced to lodge, and therefore he desired a little more and better time, to look over the Statute of Magna Charta and other Statutes, which he should peruse in the Case; and for one thing first of all, he should insist upon the Matter and manner of his being Illegally Apprehended, and by force, and not by due process at Law brought to his Trial, which by the Laws of the Land ought not to be; and this is clear from Magna Charta, said he, which saith, No man shall be Imprisoned nor deseized of his freehold, but by the Law of the Land, and if any be apprehended and brought to Trial, and not by due process at Law it shall he holden for nothing; The Judge made Answer, he was mistaken, this was not said in Magna Charta, though the first part of the words are, but the second part of them for substance, is in a Statute of Edw. 3. Further the Judge said, They could not hear him any longer, and they would not give time, and he should not be suffered to prate there, and seeing (said the Judge) you are so peremptory and stubborn, the Court takes notice of you, and thinks good to add upon you this Sentence further; Ye are also (if ye do pay your hundred Marks) to find sufficient sureties for the good behaviour before ye are released, and take him away Goaler.  
Then E. B. spoke aloud to the Court, and appealed to the Mayor of London by Name, and to Alderman adam's, and Alderman Brown by names, is this fair dealing said he, to deny me Law and Equity at the bar? and I appeal to you to do me right, and to let me have time, before Judgement be passed, that I may show you my Reasons grounded upon the Laws of the land against the verdict given in against me; and said he, Alderman Brown thou hast promised me I shall have longer time, fulfil thy promise to me, what wilt thou go back from thy word on the Bench? Let all take notice, I am denied Law and Custom at the bar, if ye deny me this motion of Arrest of Judgement. Then Alderman Brown spoke to him in these words, This is all ye shall have, and print it (said he) if ye will through the Land; To which E. B. again replied, that he was no very great Printer, yet he thought it his duty to publish these things to as many as he could, that all the World may know the Proceedings; in the mean time the Court cried take him away, away with them all Gaoler, and then they began to hale them all away into Prison again; and as they passed away, some of the Prisoners told the Court, that the Lord would remember them in his day, and render unto them according to their doings, and the hand of the Lord was lifted up, and would deliver his people from all their enemies, etc.  

Here follows divers exceptions for Arrest of Judgement which would have been brought in against the proceedings in E. Burroughs Case, if they had allowed him time for to draw them up, and to present them, as sufficient reasons why Judgement ought not to have been passed against him; but seeing arrest of judgement was denied him, and no time permitted him to present his Reasons, therefore they are suitable on this occasion here to be asserted, that all men may see he had Law, Justice and Truth of his side, though contrary to the same he was condemned.  

EXCEP. I. Concerning the manner of his Imprisonment, and of the Proceedings.  
1 INasmuch as he was Apprehended and Imprisoned by force of armed men, and so without due process of the Law of the Land forced to a Trial, even contrary thereunto, as may appear by the 29. Chap. of Magna Charta, no freeman shall be taken or imprisoned, or diseized of his freehold or liberties, or free customs, or any other ways destroyed but by the Law of the Land. These words the law of the land are explained by the statute of 37. E. 3. Chap. 8. where the words by the Law of the Land are rendered without due process of Law; Also see the Statutes of 28. E. 3. Chap. 3. 42. E. 3. Chap. 3. No man is to be taken or Imprisoned, or be put to answer, or brought upon trial without presentment before Justice, or matter of Record, or by due process or Writ original according to the old Law of the Land; And if any thing henceforth be done to the contrary, it shall be void in Law and holden for error. By all which it plainly appears, that the manner of his person being seized and Imprisoned was contrary to Magna Charta and the ancient good Law of the Land; And his being indicted and arraigned, and put to answer and caused to plead, were all contrary to the Law of the Land, and on a wrong foundation as well appears; And seeing it is so, then good ground and reason had he, and fully backed with divers Statutes, to move the Court in Arrest of Judgement; and that Judgement should not have been passed at all upon him, for it was impossible the Judgement could be just and true, and according to Law, when the proceedings in order to Judgement from first to last, were directly contrary to the Law; and the words of the Law themselves shall judge the Case, seeing what hath been done from first to last in his Case, is contrary to both meaning and intent and letter of Law, as by the form of divers Statutes is visibly apparent. The Judgement given upon him, is void in Law, and holden for error by the Law, and this is true Judgement.  
Also in a Book called the Mirror of Justice, fol. 138. it is rendered a sufficient exception not to be brought to Judgement by a right course, in these words, the Defendant may say in exception of Bill or Indictment against him, That he is not bound to answer hereunto, forasmuch as he is not brought to Judgement by a right course, which is the very case now in hand, this Prisoner was not brought to Trial by a right course in due Process of Law, but contrary thereunto, and that was matter of exception in Law against the passing of Judgement. To this add the very words of the King's late Proclamation of the 17. of the eleventh Month, 1660. The King Commandeth That no Officers nor Soldiers do presume to apprehend or secure any person or persons, nor to search any houses without a lawful warrant under the hand and seal of one or more of the Lords of the Privy Counsel, or Justices of the Peace in their respective Liberties; and we will that the said warrants be directed to some Constable or other known legal Officer, and we do declare that all those who shall hereafter be so hardy as to offend against this Our Proclamation, shall not only not receive countenance from us therein, but shall be left to be proceeded against according to Our Laws, and incur Our high displeasure, as persons doing their utmost to bring scandal and contempt upon our Government, etc. By all which it is apparent, the manner of E. B. his apprehending and imprisoning was contrary to both ancient Law of the Land and late Proclamation of the King; and inasmuch as the Foundation (to wit his imprisonment) of his Trial, and so of the Judgement, was so false and illegal, and directly contrary to the mind of the King and the form of Law, how was it possible the Judgement should be just, that was laid on such a foundation of proceedings, so illegal; and this was E. B. his case, the manner of his taking and imprisonment (in order to Trial and Judgement) was illegal, and the Judgement passed upon him in such order and proceedings must therefore needs be illegal also; and he ought to have had an arrest of Judgement not only for a time but for ever.   

EXCP. II. Concerning the incompetency of the Witnesses.  
2. INasmuch as the witnesses against him, (whose evidence was the immediate cause of the Virdict, and so of the Judgement,) were the very persons that had thus violated the Law of the Land, and had themselves apprehended him, seized upon him and imprisoned him contrary to the Law, (as in the first Exception is showed) and because thereof were liable to an action at Law which might be brought against them for such their seizing upon him, and violence done to him. Therefore it must needs appear to be in just, unreasonable and contrary to the equity of the Common Law (which is said to be by the Ancients, the Law written in the heart) That the very Persons, who had so violated the Law, even Magna Charta itself, in such seizing upon him, should be the witnesses too against him, and their evidence taken as the only evidence in his trial, upon which virdict, and so Judgement was procured upon him; for inasmuch as what evidence was given against him by the said persons, was to their own advantage, and to justify themselves in their illegal dealing, and what they spoke to the prisoners disadvantage was to their own profit, which proves sufficiently that they were not Competent witnesses against the prisoner, nor in Justice and Equity could their witness be received against him, being the party themselves against him, and fully concerned in the case, either to get the Prisoner condemned by their Testimony against him, that themselves might be justified in the wrong they had done him, or else to be left liable to the justice of the Law, for their violating of it; and it must needs be against the very reason of the Common Law of the Land, (upon which this Trial was) That parties in unlawful acts of violence against a Person, should be permitted to be witnesses in the Prosecution and Trial against the same Person; this was the very case of E. Burroughs; wherefore his ground was good to move in arrest of Judgement, and backed with the reason and equity of the Common Law; for it is also said in the Book called the Mirror of Justice (a piece approved by the Lawyers of England) fol. 251. It is an abuse (or unlawful) to suffer a man that is a companion to be a witness.  
This truly considered the witnesses against him were incompetent and insufficient, also besides the malice and enmity of the men against the person of the prisoner, which out of envy (or mixed therewith at least) 'tis possible they might give such their evidence, and the Law allows not such men's evidence in Judgement; and that these persons were such men, as sought the ill fare of the prisoner, nothing less doth appear in their transactions from first to last of this business; and the Judgement given upon such men's Testimony, the case throughly considered, could not be just Judgement; therefore of right he ought to have had arrest of Judgement.   

EXCEP. III. Concerning the proceedings of Court in time of Trial.  
3. INasmuch as the proceedings in Court against him, were disorderly and not duly in the moderate method of Law prosecution, in this particular of his being debarred and not permitted to speak to the utmost what he had to say in his own defence of his Cause, which right was manifestly denied him, by the command of the Court, and action of the Gaolers, who did violently hale him from the Bar, and would not hear him, nor suffer him to speak his mind to the utmost, nor to read the King's Proclamation of the 17. of the 11th. Month, 1660. which was pertinent to defend his cause in divers particulars, and he ought to have been heard to the utmost, before the passing of Judgement, according to 28 Edw. 3. chap. 3. in these words, No man is to be imprisoned, disherited or put to death, without being heard what he can say for himself, which was not granted to the Prisoner, for he was haled away before he had spoken to the particular parts of the Indictment, which he proffered to do, and that he would allege both Law and Reason against it, but was not suffered; wherefore he had Cause enough grounded upon Law and Reason, both upon Common and Statute Law, to move in arrest of Judgement; for in common Equity obvious to every man's view, no man can in Justice be sentenced without a full hearing, which was this Prisoner's case; nor can the Judgement be just upon any person, who is not heard to the utmost in his own Defence, and therefore an arrest of judgement should have been allowed him.   

EXCEP. FOUR Concerning the Law itself against which it was said, the offence was committed, and by which he was tried and sentenced.  
4 INasmuch as the offence was only for being at a Meeting, and a Meeting only in the worship of God, and nothing said or acted at that Meeting, but what was good and just; and all this, both meeting together and such practice in the Meeting according to the Law of God, and the Holy Scriptures and example of Saints in former ages; therefore Judgement ought not to have passed against him, but might lawfully be Arrested; and that more especially because 'tis a general assent by all Christian men, and used as a maxim among Lawyers that no Law of God can be dispensed withal; and it is said in the Common Law, as appears by Doctor and Student, Cham 2. Speaking of the Law written in the heart of every man, Teaching him what is to be done and what is to be fled, and because it is written in the heart, therefore it may not be put away, nor is it changeable by diversity of place or time, and therefore against this Law, Prescription Statute nor Custom may prevail, and if any be brought in against it, they be not prescriptions statutes nor customs, but things void and against Justice, and all Laws of men ought to be grounded thereupon; and Cham 4. every man's Law must be consonant to the Law of God, and therefore the Laws of Princes, the Commandments of Prelates, the Statutes of Commonalities, are not righteous nor obligatory, but as they are consonant to the Law of God; Also by Statute Law the same is apparent, 28. Hen. 8. 7. Where it is expressly said, that no man of what Estate, Degree or Condition soever he be, hath power to dispense with God's Laws, as all the Clergy of this Realm, and the most part of the Universities of Christendom, and we also do affirm and think. These things truly considered, it may appear Judgement ought not to have passed against the Prisoner, in as much as the pretended Law itself, according to which this Trial and Judgement was given, is contrary to the Law of God, and Condemning such Principle and Practice which are Justified by the Law of God, Holy Scriptures and Example of Saints in former Ages, as may at large be proved by the Scriptures of Truth, in the Acts of the Apostles and elsewhere, and the keeping the Law of God, and the practices of Christianity according thereunto by any person, cannot justly be Condemned by any Law of man; and this was the very case of E. B. he was Apprehended, Tried and Sentenced for meeting together with God's People only to wait upon and to Worship him, which is according to both the Law of God in the Letter, and to that written in the Heart, and against such practice: So according to the Law of God, Prescription, Statute, nor Custom, ought not to have prevailed, even the Laws of Princes, and Commandments of Prelates in such a case, are void and against Justice; for no man whatsoever can dispense with the Laws of God, as hath been showed; wherefore the Prisoner was excusable and justifiable from all Laws of men whatsoever, and ought not to have been Condemned into any Penalty or Imprisonment by that Law, which is contrary to the Law of God; not for his Worship's sake, nor for Meeting together to wait upon him in his fear.  
Thus it is plain, he had just Ground of Exceptions against Judgement and evident Reasons from both Common Law, and Statute Law, why Judgement should not be passed against him in this Case; 1. From the manner of his being taken and imprisoned and prosecuted to Trial without due process of Law, which is held for error, and against Justice by the Law. 2. From the incompetency of the Witnesses who were parties concerned in the Case, and what they testified to the prejudice of the Prisoner, was to their own advantage. 3. From the proceedings of the Court in time of Trial, who suffered not the Prisoner to speak in full in his own defence. 4. From the Law itself by which he was Tried and Judged, which Law is proved to be contrary to the Law of God, and therefore the Judgement of that Law ought to have been arrested; And now last of all in brief, Judgement ought not to have passed against him.  
5. Because in common Reason and Equity, Justice cannot condemn a man to any personal suffering, for the exercise of his Conscience to God-wards, in the practice of being Assembled together, only in and for the Worship of the Living God, according to the very persuasions of the Spirit of God in the heart, and to the example of Scriptures and Primitive Christians; which practice of meeting together was not in its self, nor in its effects, any way disadvantageous, or prejudicial to any person upon earth; I say, Common Reason and Equity amongst men cannot with any Face of Justice Condemn any person to any suffering, in such a Case; inasmuch as such supposed offence for so meeting together is not any offence against any man, but against God only, if it be really an offence, and that because of ignorance or error in Judgement and Conscience, which is only punishable by the Judgements of God, as pertaining to his Conscience, for such offence against him; and not to be punished by Temporal Ruler's, with Temporal punishments, because 'tis a spiritual transgression, and the Spiritual Law of God, hath jurisdicton over the offender in such a Case, and not Temporal Courts; This is provable by the Laws of this Land, as it was ordained in the days of Hen 8. by Act of Parliament, when the people were nominally divided into two Bodies, named Spirituality and Temporality, and two Jurisdictions appointed over the people, respecting the nature and kind of the offences committed, every offence Temporal against man, in wrong dealing between man and man, the cognizance of this was pertaining to the Temporal Courts and Judges, to Hear, Judge and Determine, and every offence respecting the Church in point of Faith, Doctrine and Worship, was pertaining to the Spiritual Courts, to be heard and Judged by their Spiritual Officers and Judges; thus it was in times passed in our Nation, as Judged by the Rulers in ancient days, reasonable and just thus to do; and here fell out a like case, a Person taken and accused, and brought to Trial, as an Offender, for and because of being at a Meeting in the Worship of God, which is of Spiritual concernment, a matter of Spiritual Worship and Exercise of Conscience, relating only to the spirituality in hearing and determination; Yet was this person's Case (though of Spiritual Cognizance and Jurisdiction, and not properly pertaining to Temporality by the very ancient Laws of the Land) brought to Trial, and judged in Temporal Jurisdiction, and by Temporal Judges, which had no power properly to meddle of such a Case; and how could that Judgement be just brought forth by Temporal Judges in a Spiritual Case, a Case the Judgement of which properly pertained to another Jurisdiction; a Judgement passed by such persons in a Case of Conscience, out of whose Cognizance and Jurisdiction the Case properly was; A Temporal Judgement, given in a Spiritual Case; And this was the very Case of E. B. wherefore he had all just Ground and Reason to move for Arrest of Judgement, and in Justice, Judgement ought to have been suspended in that Court, and either wholly averted, or else he and his Cause transmitted into another Court, where Court and Judges had been capable of Hearing and Determining a Spiritual Case; for this is Common Reason amongst men, that every reputed Offender have Law and Judges, according to the nature of his offence, and not contrary thereunto; an offence in Matters and Cases Spiritual cannot justly be Tried and Judged in Courts Temporal, and by men only Carnal; These exceptions were before me in my view, to have contracted and so presented them to the Court, but not being permitted time for an hour, I was not then capable to present them formally, nor to produce the Statutes and Authors, to Authorise my exception to the Court, but since that time I have drawn them up, and do here offer them to the view of the World.  
E. B.    

Here follows the Trial of Esther Biddle, and three women more.  
FIrst, They being called by names, and brought before the Bench, where the Clerk read the Indictment, and said, they disturbed the King's Peace, and the Peace of the Nation. Esther Biddle said, She had not broken the King's Peace, nor the Peace of the Nation that is good; Then the Judge asked, Whether she was guilty or not guilty; she asked him what evil she had done? then he said, take her away. Then she was taken out of the Court, and she desired the Keeper to let her stand still; He asked her if she would plead; she bid him let her go in again, and she should say what was in her heart. Then the Judge called for her to come up to the Bar, and the Power of the Lord rose in her heart as a fire, and an Hammer, and she said, Fear the Lord who is Judge of all Judges, and will give you your Reward according to your works. We are brought hither for Justice, and you are set under God to do justice, and it is Justice we require. The Judge said, They should have Justice, and said, Woman, Your Counsel is good. He asked if she would plead guilty or not guilty; she said, In the dreadful day of the Lord which is at hand, you shall know who are guilty and not guilty, you, or we, of all the Innocent Blood that hath been shed: The Judge told her, she was to plead; she told him, If he would show her what evil she had done, she would answer to it. He said she was taken in a Riotous Meeting, and an unlawful Assembly contrary to the Laws of the Nation. She asked him what Religion was used in oliver's days, and in years past, and whether our Meetings were contrary to the Laws of the Nation then; and he said no, our Meetings were tolerated, and indeed (said he) all things were common; She asked him, If our Consciences were to change as the Laws and Governments of the Nation changed; He said, We must be obedient to the standing Laws of the Land; He said, she must plead; She asked for her accusers; Then stood up one whose name was Lovel a Vintner, the Judge asked him, whether he took this woman out of the Meeting, and what she was doing: Lovel said, He took her upon a form speaking; and the Judge said, What a woman speak! The Jury and some other of the Bench said, They never heard of a Woman to speak before; She asked them, If they had not read the scriptures, she told them, Phoebe was a Prophetess, and Philip had four Daughters that prophesied, and Paul wrote to his Brethren that they should take care of the women that were fellow labourers with him in the Gospel. The Judge said, That was a great while ago; she told him, It was when the Church was in her Beauty and Glory, but since darkness hath covered the Earth, and gross darkness hath vailed the Kings and Rulers, so that it is become a strange thing to the Apostates to hear of a Daughter to prophesy; she told them also, that they might read in the Acts of the Apostles, and in the book of Joel, That God had promised to pour out of his Spirit upon Sons and Daughters, in the latter days, etc. The Judge said, She should ask of her Husband at home; she said, If her Husband should be a Drunkard, or a sot, what should she learn of him, to be wicked as he was? R. Brown asked, If her Husband were so? she said, No, but if he were so, what could she learn? But Christ is my Husband, and I learn of Him (said she.) Alderman Brown said, she had left her Husband two years, and went with a young man into other lands; she told him, That was not his business to judge at this time, nor was it fit for him to accuse her, but she went with three Women as she was moved of the Lord.  
The Judge asked the Witness, whether there were but five in the Meeting; The Witness said, He did believe there were about two or three hundred, but he could not bring them all; but said, he did pretty well clear the room: She told the Court, That this man came into our Meeting (said she) where we were quiet and still, more like a madman, than a sober-man, with his Sword drawn, and a Cane in his other hand, and so he came up where I stood, and set his Sword toward my Face, and plucked me down (said she.) Then said R. Brown, It seems you were up then; Then she said, she was never in such a Meeting mentioned in the Indictment; but she was in the Meeting, and she should never deny it, but shall stand for it whilst I have breath said she; and this man gave his Soldier's charge of me, and he laid on with both hands upon our Friends; they thrust me to the door, and threw me down, and trod upon me, and if the power of the Lord had not preserved me (said she) they might have killed me; And she asked them, Whether they owned that? And R. Brown said, If they had handed her up, they had served her well enough: And she said to him, Thou art a wicked judge; Thou saidst to me when I was at thy house (said she) that the best work thou couldst do, was to persecute such a wicked Generation as we. And then she said, Why shouldest thou sit there as a Judge? He said, It was the best work he could do yet; And he said, If he hath done you any wrong (meaning the Witnesses) you may sue them at the Law, and write in your Indictment against them, That they pulled your Tongue out by the roots: She told him, That was a Lie, and asked him if he would have her be a liar? They said, Take her away: And then they called Sarah Cobbet, and Frances Cole, and Elizabeth Sartyn, and John Ratten; S. C. was asked whether she was guilty or not guilty: Afterward the Judge asked her whether she was in the Meeting or no? She said she was moved of the Lord to go thither: She was asked what she did there? She said, She was Commanded of the Lord to speak: then said R. Brown, and I command you now to be silent. Then they called Frances Cole, and asked her whether she was Guilty or not Guilty? She said she was not Guilty. Then the Jury brought in their Verdict that they were Guilty. Then Esther Biddle again desired to know what they had done; R. Brown told them, they were in an unlawful Meeting: Then she said, Richard, Dost not thou remember that thou Prayedst in the Camp by Abingdon, and was that an unlawful Meeting? was not that a good Day with thee? I am afraid thou wilt never see such another. R. Brown said, He had no other Place then, but now he went to Church, and so must ye too, said he; She told him, The day was at hand, wherein God would destroy the Temples and the the Worshippers thereof, unless they repented. R. B. asked her, if she meant her own Temple? And the Judge asked her if she meant Temple-Bar. She said she had been in many Nations, and before Judges and Benches, but never was before such a wicked Bench as this. R. Brown replied, And many Nations have been in you. They said, She had said enough, and then bid the Keepers take them away. Then she was pulled away to go to Prison, and after a little time she went up to the Bar, and said, Friends, I desire to know what you have done with me? Then the Judge said, Woman, you are young, and the Court hath considered you, and we hope you will be of another mind, and so we have put a small Fine upon you: To which she replied, This is not the way to make me of another mind; than it is sign that liberty of Conscience is ceased within these few years; Then she said, Friends, keep to that pure Principle which drew you forth at first from the Idols Temples and Idolatrous Worship, if you do not, the Lord will sweep you away with the Besom of destruction into the pit of everlasting perdition. One upon the Bench said, She remembers us of the Old Cause. And then the Judge bade the Gaoler take her away to Prison; She said, There is Mercy with the Lord, but there is little with men; So she was had away: Lovel (who Witnessed against her) whispering to the Gaoler, bade him have her to Bridewell; Whereupon she stepped back to the Bar, and said, Friends, have you Ordered me to be sent to Bridewell? They looking one upon another, the Judge said, No: Then she said, This Witness is an envious man; for he bade the Gaoler take me to Bridewell, and for aught I know he standeth here to suck my blood (said she:) The Judge said, It did not concern my life: Then she said, If it were not the mighty power of the Lord that preserveth us (who hath the hearts of Kings and Rulers in his hand, and turneth them as a River of Water which way he pleaseth) you would murder us all. Then they were fined 13. s. and 4. d. a piece, and so carried away to Prison, to lie till payment.   

ABout this time There was divers of the Prisoners sick, of violent Fevers and distempers, by reason of that Exceeding throng which they were forced into, so many together in narrow Rooms, that they had scarce liberty to lie down one by another, which brought many great Inconveniencies upon them, and occasioned dangerous sicknesses; insomuch that many lay sick at one time; and though some recovered, yet many died, to the number of Eight honest Persons, who were two and two together in one week carried to their Graves from Newgate, which made the people cry out, It was pity that these things should be, That honest men for their Conscience sake should thus perish in Prison; and no doubt but the knowledge of these things, That many were sick and divers died, and being publicly seen carried from Newgate two and two together in a week, made many stand amazed, working dislike in the hearts of people against these proceedings; and though the prisoners laid their case (of want of prison-room, and the dangerous distempers that were occasioned amongst them thereby, and that divers died because thereof) before the Rulers of the City who had power to redress these grievances, yet notwithstanding no notice was taken of it, no, though above twenty of the prisoners Friends went to the Mayor and Sheriffs of the City, to Reason the Case soberly with them, of the great straits, inconveniences, and dangers that the Prisoners (their Brethren) were liable unto, especially in the Summer Season, by being so many thronged up together in noisome places; and also proffered body for body, and that a certain number of them would become prisoners and go into their places, for the relief and comfort of so many of their poor afflicted and sick Brethren, that they might not perish in prison, according as in The second part of our cry of the Innocent for Justice, is more at large published) yet no bowels of Mercy not pity could be found, nor could the humblest proffers penetrate into their hearts to grant relief to the oppressed, but lie in close prison they must, whether they would die or live, as if they deserved no pity of any. Well, for some weeks every day some fell sick, and in particular that good man of God Richard Hubberthorne, unto whom in this place 'tis not unseasonable to give a Testimony, as of duty we are bound.  
The same Person was born in the North part of Lancashire, and was of very honest Parents, his Father was a Yeoman of the Country, and had a good Report of his Neighbours, for uprightness in all his dealings; and Richard was his only Son, who was Inclinable from his youth upwards to Religion and to the best way, always minding the best things, and following the company of good men, and was never known to be addicted to any vice or malignity, nor ever followed any evil course of life from his Childhood, but feared the Lord and walked uprightly before him, and was faithful according to the Light and knowledge received in all things; and his natural disposition and temper was meek and lowly, and loved peace among men; he was brought up with his Parents in good education, according to the custom of the Country; and in the time of the late Wars, he was disposed to go into the Army, and was in Scotland most of the time till the Land was reduced; and he had some office in a Regiment, and did sometime preach among his sincere and sober Companions that loved him well, according to his knowledge and judgement at that day; and he obtained a good Report amongst such as were lovers of Religion.  
And when it pleased the Lord God everlasting to raise us up to be a People in the North parts, (and through great Tribulations and extreme distresses within and without, which we passed through were we raised up of the Lord to be a holy and chosen People) This same Person was one among the first of us whose heart the Lord touched with the sense of his Power and Kingdom; and amongst us he had the mighty operation of the Power of God experienced in his heart; Great afflictions and tribulations for many weeks was he exercised in, through the dispensation of the Grace and Spirit of Christ Jesus; he was in that state, and while therein exercised for many days, a wonder to all that beheld him, as one passing out of the body, as one under the deep sense of the hand of the Lord, under the operation of his Power, thus it was with many of us, and particularly with him; Till such time as the same Power that killed made alive, as wounded also healed, as brought down also raised up, and then being raised up in the holy Spirit of the Lord Jesus Christ he was made a Minister of the Everlasting Gospel, to preach Repentance, Conversion, Salvation and Remission of sins; and accordingly went forth in the Name and Power of the Lord Jesus the Saviour of mankind; and was a Minister of the glad Tidings of Salvation, in many parts of this Land and elsewhere, to the conversion of many Souls to God; for his Ministry was made effectual by the Almighty Power of the Lord, to turn many from darkness to light, from the power of Satan to God, and there are thousands who can in the Spirit of the Lord bear Testimony to the power and verity of his Ministry, in many Countries where he traveled; for he laboured much in divers places, and was very diligent and faithful in the work of the Lord, and suffered imprisonment divers times, and was hardly dealt withal, and persecuted in Chester, Cambridge and in Norwich prisons and other places and he was found faithful in all his Trials among his Brethren, and always ready to do his service in what he was called unto with a willing mind, being truly in body, soul and spirit given up to the service of the Gospel of Christ Jesus, a dispensation of which was committed unto him, that he might serve the Lord in his Generation; and though he now hath finished his Testimony in this World, yet the remembrance of him lives with us in the Spirit of Jesus, and he is accounted among the faithful Sufferers, a Martyr for the witness of the Truth which ever liveth. And for the space of nine years he laboured and traveled in the work of the Gospel aforesaid, in most of the Counties of this Nation, and was well known for his faithfulness among the Churches of Christ; He was but little in stature in his outward man, and of weak Constitution of body, and was slow of speech, and often more ready to hear then to speak; he made little appearance in the manhood of Excellency or Authority, but was contemptible among men, yet he was very wise, and knew his season when to speak, and when to be silent; and when he spoke, it was with much discretion and deliberation, in weakness of words many times, yet reached perfectly the matter intended by him, and his speech was with Grace, and in the fear of God, and had Authority in the Spirits of men, and was of savour and sound judgement, though in weakness of the manhood expressed; for he answered not men's Wisdom in excellent stile of words, but the witness of God in sincerity of speech; he was a Person of sound judgement in divine Mysteries, and of good experience in the operations of the power of God, and knew the passing through divers conditions of the inward man, and was able to speak to many estates of man passing under the dispensations of the Grace of God; he could well inform the mind of a person in an afflicted and tossed state of terror and judgement; and his Ministry was often savoury and seasonable; and felt in the pure life, though his words were plain and homely, and no beauty in them to man's Wisdom; and God made him and his service a blessing to many who shall speak for him in their own Consciences; He was of a loving, gentle and good disposition, and acceptable was his Company to them that knew him and were likeminded; a good Companion in all Conditions, not soon moved into passion of either grief in Adversity, or of joy in Prosperity; nor had he a Spirit taking offences upon light occasions against any, but watched for Good over all, and not for Evil; He was a man of peace, and loved it, and walked peaceably among his brethren, in honest kind familiarity; And I am persuaded in my Soul, according to the experience I had of him for many years, he abhorred dissension and strife among Friends, and was never the real occasion intendedly by himself, of any difference and dissension among brethren; and what further is Truth of him, I leave it to the just God, whose testimony is true and never fails.  
Among many others that were taken from Meetings and sent to Newgate according as ye have heard, This same Person of whom I am now treating, was in like manner rudely and violently taken on the 22th day of the 4th Month last, out of a Meeting in the Bull at Aldersgate, and carried before Rich. Brown, who used violence to him with his own hands, in pulling his Hat down upon his head so that he brought his head near the ground, and then he Committed him to Newgate, where he remained till the Sessions, and was then Indicted among the rest, for being at an unlawful Meeting, etc. as it is said; and he being thronged up in Prison among the rest of us, it pleased the Lord to visit him with sickness of body, and in 10 day's space (always growing weaker and weaker in that time) he disceased and laid down his body in peace; About two days before his departure, some of his dearest Friends went to visit him, and sat by him a space, and spoke somewhat to him, and asked him if any thing was upon his Spirit, he might now speak it to his Friends? His answer was, That there was no need to dispute matters, for he knew the ground of his Salvation, and was satisfied for ever in his peace with the Lord God, and we know (said he) one another well, and what each of us can say about those things, and spoke no further: And the 17th day of the 6th Month he departed this life, and was gathered up to his Fathers, the Generation of the Just; and though he be gone in that bodily appearance, and his person removed from us, yet is his new-Name written among us, and his Memory can never die, for his Spirit still lives to praise the Lord, and the life which breathed forth through that vessel cannot be removed far away; for it is the Infinite, Immortal, Eternal Life, which dwells in Sons and Daughters now upon the Earth; and though his outward man be put off, yet he lives always in Spirit, for he was a Servant of the living God upon Earth in his day.  
In about six Weeks time, there died of the Prisoners that suffered for Conscience sake in Newgate, these Persons named as follows, who were honest sincere men of truth that loved the Lord, and served him with their upright hearts, and gave up their lives for the Testimony of Jesus, as faithful Martyrs and Witnesses for him; And 'tis verily believed, their close and thronged Imprisonment in the Summer Season, was the occasion of their sickness and violent distemper, and so consequently of their Death, which amounts to innocent blood, being men whose lives were destroyed causelessly, by reason of the wickedness and Persecution of ungodly men, and their Death will be inquired into by the Lord, when he comes to judge all men according to their deeds, and gives unto them after the fruit of their own doings; John Stanton, Thomas Kirby, Richard Hubberthorne, Anthony Skellington, John Giles, William Watson, John Shutt, William Eldredge, Richard Bradley: And Humphrey Bache, and Humphrey Brewster died in a short time after their Release. These men laid down their lives for the Testimony of Jesus Christ, and suffered for Conscience sake till death, and left good Testimonies behind them, spoken on their deathbeds; One of them said, This body of mine must go for the Truth, this body must be laid down for the Testimony of Jesus Christ, as a Witness against this persecuting Generation; and he rejoiced in the same at the point of death. Another of them said, The terrible day of vengeance is at hand upon the wicked, Woe unto the persecuting Rulers of this City, the Lord is nigh unto them in the stroke of his Judgements. etc. Another on his deathbed Exhorted earnestly all Friends to be faithful, to be bold and valiant for the Truth of God, and to suffer patiently to the end, till deliverance come, which the Lord will bring unto his people in despite of all their enemies, etc. These and such like Testimonies were given by these Servants of God on their deathbeds, which will be fulfilled in the Lord's season, for the words of dying men are serious and certain; Oh! that this City would take notice of the same, That the Rulers and People thereof would Repent and turn unto the Lord, ere his wrath break forth against them for their wickedness, which is great this day in the fight of the Lord, and before him, for which his wrath is kindled to burn as a flame, and it will reach unto the high and lofty, and all flesh shall feel the indignation of the most high; Oh! that men would remember the long-suffering of the Lord, and Repent, and return before it be too late, for nothing can save this City and her People from the Wrath of the Lord, except speedy and true Repentance, and returning with all the Heart, and with all the Soul; wherefore let the people become Meek, and Humble, Lowly, and Poor, Holy and Just before the Lord, let them break off their sins by Repentance; The day of the Lords sore Judgements are at hand, and Breaking, and Destruction, and Misery will surprise the Workers of Iniquity.   

Concerning the Imprisonment and proceedings of the Court, and release of above fifty of our Friends in the County of Middlesex.  
THere were taken out of several peaceable Meetings, while they were humbly waiting upon the Lord in his Fear and Worship, above fifty of our Friends in that County, and at divers times committed into the New Prison, all of them saving a few persons by the Lieutenant of the Tower, being taken by Soldiers, and violently seized upon in such their peaceable Meetings, and not according to Law, and brought before Lieutenant Robinson, who sent them all to New Prison without much examination of them; and there they were kept Prisoners many of them three Months, and never brought to Trial, only about thirty of them a fortnight after their Commitment were had to the Tower, and the Oath of Allegiance was proffered them, by the Lieutenant in these words, Will you take the Oath, will you take it, will you take it; And for refusal, they were sent back to prison again, though he was so hasty in ask them about, that divers of them had not time to speak to him, nor to treat with him in sober discourse about the lawfulness of the same, which some of them desired to have done, but little was said; But will you take it, will you take it? And they were all continued Prisoners till about the twentieth day of the sixth month, at which time there was a Sessions at Hickeses Hall for that County, to which place divers of the said Prisoners were brought, first of all sixteen persons who were there Indicted at common Law, for being at an unlawful Meeting, etc. according to the form, as before is showed; and they were asked, Guilty or not guilty: to which most of them pleaded not guilty, and were returned back to prison again, supposing that same Sessions they should have been Tried. Next after them were seven more Persons called into the Court, and Indicted also, and demanded to plead Guilty or not guilty, but they refused to plead in their Form of Terms, though they all said, they were Innocent and Clear from such a Meeting as was mentioned in their Indictment, and in substance and effect pleaded not guilty, though not in the very form of the Courts proceedings; but they were condemned as Mute, and the Indictment taken pro Confesso; and they presently sentenced them so much fine a piece, and sent them Prisoners to Newgate, there to remain till payment.  
About this time there was a Sessions kept at the Old Baley, to which place it was verily expected many of the Prisoners in Newgate would have been brought for their Trial, for there was about 140. of the said People now Prisoners in that place, besides the fifty in New Prison (before mentioned) and though divers of them had been led out of the Prison to Old Baley seven times already, yet was never Tried, nor any thing charged upon them to this time; Yet not any of the said Prisoners were called this Sessions, the occasion thereof was this; There being at this time near 200. of our Friends, besides many of the Baptised People, in the Goals for London and Middlesex, most of whom were all taken by Soldiers, and force of Arms violently, out of their Meetings, where they were waiting upon the Lord, in his Fear, according to the practice of the Primitive Christians, and example of Scriptures; and being so apprehended, were all of them committed at divers times into the said Goals; and some were tried, others not, some fined, others not, and in several Capacities of Prisoners, they were yet all continued strictly in Prison, to their great danger and inconveniences by reason of so straight Imprisonment as ye have heard; And the King knowing of these things, and that many were now in Prison, and 'tis hoped, he took into good consideration, the sad estate of his Subjects, he was pleased to send His Letter thus directed, To the Mayor of London, and other his Commissioners and Justices for the Goal delivery of Oyer and Termin●●, and of the peace in the City of London and County of Middlesex, which was read in the open Sessions at Old Baley, the twenty second day of the sixth month, signifying the King's pleasure for the release of the people called Quakers, and others of the separation, upon that occasion of the Queen's first coming to the King's Palace at the City o● Westminster; his pleasure was, that all such persons should be discharged then in the Goals for London and Middlesex, except Ringleaders, and Preachers, and such as were indicted for refussing the Oath of Allegiance, etc. According to which Letter, most of the said Prisoners were discharged, except some few excepted, who yet remains; Only the Gaolers (which is a common property pertains to the men of that calling) greedy of Gain and Money, would not set at liberty the prisoners without paying Fees, but kept them about six days after, and then let them go without Fees, which for Conscience sake they could not pay, for these Reasons.  
1. Because Fees in themselves are an imposed oppression and exaction upon Prisoners, and we are bound in Conscience to bear witness against such imposition, by denying to pay Fees, which is an evidence against it, and we cannot uphold such Oppression and Exaction, but do witness against it, by denying to pay any Fees; for ceasing to uphold any oppression by denying it, is the greatest witness against it, and so is it in this case; and seeing it is an oppression (even this very matter of Fees) we rather choose to suffer, then to uphold it and maintain it, by paying any; and this is one Reason why we deny to pay Fees.  
2. Because we are Innocent, and not imprisoned for any evil doing or breach of any just Law, therefore we may not pay Fees, and thereby render ourselves to the suspicion of guilt, when we are guiltless; for paying the impositions of Fees to Clerks and Gaolers doth partly render men's clearness and innocency to the evil surmise of evil minds, as if they were guilty, and because we are clear and innocent both before God and men (in this case of being sent to Prison for Meeting together for the Worship of God) we may not pay any imposed Fees; for if any Fees be due, they are due from Transgressor's as an Imposition deservedly upon them for their offence, and not from the Innocent who are wrongfully imprisoned, and of right ought not to be imposed upon by any, much less by the Gaolers, who are but inferior servants.  
3. Because there is no Law of the Land commanding and enjoining us to pay such exacting Fees as is usually demanded of us, but only a traditional custom got up in the Land, and by custom of time long continued, now 'tis claimed as due and debt from Prisoners, which is not due by any Law of the Land, but Imposed and Exacted by long custom without Just Law; and therefore we do refuse to pay such Imposition, which is come in by evil custom, and not by good Law, which we are bound to Witness against by the denial of it; who cannot in good Conscience uphold any thing but what is rooted and grounded upon Justice, Equity, and Truth, and not that which is grounded upon evil customs, and is in itself Exaction and Oppression.  
4. Because we are a free people, born free of the Seed of God, and are spiritually of Abraham, and cannot be subject to the wills of men, to feed the Oppressors after their desires; though 'tis our Principle and Practice to be subject to every Authority by doing or suffering, according to established Law, yet we do refuse subjection to impositions grounded upon evil customs, and without any Law; and that because we are a free people, and cannot be bound by vain and formal Traditions in any case, but do deny to uphold any thing of that nature, and do also travel and suffer for the end, to correct and rectify every such abuse in the world, that every Yoke of bondage may be broken, and all people may come to the free Spirit of the Lord, to be led and ruled thereby, and not bound under every formal Custom of men; so for these Reasons do we refuse to pay, exacting, extorting, and oppressive Fees, and not out of Covetousness nor Penury; for 'tis our property in the free Spirit of the Lord, to show kindness to them that are kind; though we cannot buy courtesies, nor fee men aforehand for their love, yet no man hath occasion to say of us, they are covetous, niggardly, and disrespectful to such that show favour to them; we are not of that spirit, that flatters men with fees aforehand, neither of that spirit that can bow and bend to pay fees, for fear and terror of the threats of men; but we are of that free, liberal, bountiful and grateful spirit, that can do good, and be liberal to all men in the free spirit, without flattery or fear; but to be bound by impositions contrary to our Consciences our souls do hate, rather than to be subject on that kind, we can suffer the loss of all, till the Lord arise and make us free outwardly from all cruel and hard impositions of men, as his Power and Spirit hath freed us inwardly from the bondage of sin and death, for which we wait, according to the Promise of the Everlasting God.   

Concerning the late Imprisonment of divers of the People of God called Quakers, because for Conscience sake they have refused to go themselves, or send out men in the Train Bands; With some Reasons showed for such their Conscientious Refusal.  
BY divers ways and means, and upon divers occasions and pretences, hath the long and cruel Persecution been inflicted upon the People of God, against whom many occasions have been sought and taken by their Adversaries on purpose, that they might fulfil their envious Wills upon them, and destroy them by Imprisonment, and every way else; And when one Means and Way would not effect their desired aim in that particular, than they have found out some other way, wherein to persist and travel on to bring to pass the ruin and overthrow of the Heritage of the Lord, if it were possible for them so to do; yea, such is and hath been the zeal, and madness, and cruelty of that birth born of the Flesh in all Ages, against the meekness, humility, and virtues of that birth born of the Spirit, as it is even at this day, that he hath left no way unattempted to effect his desired end, even to destroy and overturn the righteous Seed which God hath blessed; and of this we have experience in our Age, who are feeling Witnesses of the cruel hand of Persecution upon us, for and because of that Truth and Righteousness which we hold forth in the World, by sound Doctrine and good Conversation.  
And among the many occasions sought out against us, now of late divers have been Committed to Prison for the Cause aforesaid, (to wit) because upon Invitation of men in Military Power, they have not gone out themselves, nor sent men in Arms, to do that Service which they have by their Officers been Commanded unto, as hereafter more at large is signified; and that all the World may know, such Persons so refusing to go out, are not wilful and obstinate, and have so refused, as Persons wholly unreasonable and contemning Authority, upon peevishness, and their own wilfulness, etc. with which calumnies in many cases they are traduced; Therefore here are some Reasons amongst many that may be given in the case, presented to the World for their so refusal, and because of which some suffers in Bonds this present time.  
First, Because it is contrary to the very Law of Nature (as the case standeth in this City) for the very work of the Train Bands in this City of late have been to Beat, Abuse, Knock down, Imprison and Persecute us; and this have they done, and been commanded to do by their Officers, which shows the Truth of the Reason; for every man by the Law of Nature is bound to preserve himself and his own life from mischief and destruction; and it is absolutely contrary to the very Law, for a man to destroy himself, or be accessary thereunto, by himself or by any other; It is against the Law of Nature and Reason, for men to be any way helpful, to beat, and imprison, and knock down, and persecute themselves; And so is this very Case, if any of us should go out or send a man on this occasion, it were to aid and assist, and endeavour (if not personally to act with our hands) to hale to prison, or to beat and persecute, it may be, kill ourselves or our Friends; and so to be Helpful and Accessary to our own suffering, if it were to death; and this the very Law of Nature restrains us from, and we cannot do it, for it is natural to mankind, and to every Creature, to be helpful to preserve itself; and contrary to nature, to be a means by itself (wittingly and willingly) of its own destruction, no man may in reason rise up against himself to his own death, which is the case; so this is one reason taken from the very Law of Nature (which enjoineth to preserve our own lives, and not to destroy our selves nor our Friends and Neighbours, neither by our own hands, nor others through our means; wherefore we refuse to go or send our men in Arms on that occasion.  
2. It is contrary to all equity and reason to be put upon us, and expected from us (as we are Inhabitants of this City) Inasmuch as we are daily a suffering and persecuted people, and commonly reputed (though falsely) as the very enemies of the Peace and good of the Land; and upon that pretended Reason, daily haled to prisons, indicted as great Malefactors, and fined in great sums of money, and many hard impositions put upon us; and seeing we are thus dealt withal, and restrained of the lawful enjoynments of common Freedom and Liberty, and our rightly due privileges, as other inhabitants have, we cannot be permitted our Freedoms and Privileges in our callings, and to follow our employments, as we are men, nor yet our liberties as Christians, in the exercise of our Christians duties, according to the persuasions of our Consciences, and example of Scriptures, but are imprisoned and persecuted, and all our rights (both as we are men and Christians) violated, and taken from us; Seing it is thus, how can it in common equity and reason be put upon us, or expected from us, that we should be charged with any such service and duty, or perform the same, either in our persons or estates? there is no equity nor reason in it, that men should be charged with a service for the good of the City, as this is professed to be, and yet not permitted to enjoy any portion of the end of such a professed service, but quite the contrary imposed, and this is our case; It is professed that the Trained Bands are raised, and goes out for the good and peace of the City, and we are commanded to join with them for that good end; and yet we are debarred and restrained of every part of that end, and quite the contrary end is made our portion, and therefore it is unequal and unreasonable in ourselves, as well as in them that expect it from us, that we should join in such duty and service, like as if a person should adventure to Sea such a sum of money in the hand of a Merchant, trusting him with the improvement of it, for the end to bring in gain, and at the return, the Merchant keeps both Principle and Produce from the Adventurer, and not only so, but he makes use of the said money, to put the man to as much more needless charge and expenses; Would not all men say it were contrary to both equity and reason, that such Adventurer should ever credit such Merchant more, and much more unreasonable that such Merchant should put such Adventurer in Prison, because he will not give him credit and trust him with more stock; This Parable shows the truth of our Case, and proves the truth of both the Reasons aforegoing.  
First, That it is contrary to the Law and Principle of Nature.  
Secondly, It is contrary to common Equity and Reason (as the case standeth) for us to go out ourselves, or send men on the occasion mentioned, and for these Reasons we do refuse to do it.  
Also let it be rightly considered how unreasonable this thing is that we should now Suffer for not going forth in Arms, & yet divers of our houses have been searched for Arms, and taken away from us where any were found, and we threatened to be sent to Prison, for having any Arms in our houses, if but an old Sword, and yet now must Suffer because we will not keep Arms, and go out in a Warlike way with them; Also how unequal it is, that we are sometimes threatened to persecution, because we are feared to fight, and at other times, threatened and made to suffer because we will not go out with carnal weapons to fight; and thus are we made to suffer on the one hand and on the other, and afflictions are our portion on every side, from the men of this Generation, and many are our Troubles, till the Lord deliver us out of them all.  
3. Because we are true Christians, and Redeemed, and Restored, and Sanctified by the Lord Jesus Christ, and are men of Peace, and Love, and good Will towards all men, and lives in it, and seeks after it, and are not men for War, and Strife, and Debate, but are Redeemed out of that Spirit which is in the fall from God, and delivered from the working of such works; and now we cannot war with carnal Weapons ourselves, nor uphold it in others, but do give witness against it, by such our refusal to rise up and go out with Carnal Weapons, for all such things are in the fall from that estate in which God placed man in the beginning, and wars and fight are in the enmity and Spirit of Iniquity, which is contrary to God, as saith the Apostle, Wars and fightings do arise from the lust that wars in the members, Jam. 4. 1. and from that estate of enmity in the fall, and out of these works are we Redeemed and Sanctified by the Lord Jesus Christ, and do walk in his Doctrine, who hath exhorted us to love our Enemies, to do good for evil, and to reward no man evil for evil; but when we are smitten on the one cheek to turn the other, and to be reconciled with our Neighbours; these and many such exhortations we have in the Scriptures to the true Christians, which we desire to be found walking in; and therefore we do deny to go out with Carnal Weapons to war against any, much less against our own selves and our Friends as this case is, as before is showed; And we are come to the Spirit of Christ Jesus, and to the Son ship to be heirs of God, and joint-heirs with Jesus Christ: Which State is greater than the State of the Kings of Israel, who sometimes went out to war, and were Righteous men, and justified of God in so doing, yet that State was short of the State of Christ, who was the Heir of God, to which State in measure we are come, and so are Redeemed from wars and fightings with Carnal Weapons; not only in their worst State, but in the best Estate of such Wars, not only in an evil and wrongful quarrel we cannot war, but in the best kind of quarrel, we refuse out of Conscience, to war ourselves, or to send others for us, to war with Carnal weapons and that because we are true Christians, and believes in Christ Jesus, and abides in his Doctrine, and loves peace with all men, and can do good to them that hate us, and are come to the end of wars, and would have men's lives saved and not destroyed, and are of the Spirit of Christ Jesus which warred with Spiritual Weapons against the evil lusts and evil affections within, and against that spirit of transgression in men's hearts, that he might kill and destroy that Spirit, and save the Bodies and Souls alive; and such war do we make this day with the Weapons of the Spirit of God, that sin may be slain, and unrighteousness destroyed in men's hearts, and that Body and Soul may live; but other kind of war we cannot make for the Reason's aforesaid, therefore we are excusable in the sight of the Lord, in refusing to go out with carnal Weapons, though yet we suffer Imprisonment, and are persecuted because of the same.  
If from hence it be Objected by any, That this principle and practice of denying to fight at all, is dangerous and of evil consequence; and if all were of this principle and practice, than we might be exposed to ruin and destruction by other Nations, who would come upon us and take our Country from us, and enslave us, and all this while we deny to fight against them, and will not defend ourselves by the use of carnal Weapons, etc.  
To which I answer; 1. If all the People in the Land were of this Principle and Practice, to deny to fight, or rise up with Carnal Weapons at all; this would prevent all Insurrections at home in our own Land, and all the Fears thereof would be wholly removed, and without doubt we should be in Peace, and no occasion of Fears of Wars among ourselves in our Country; and if all the People of the Land were of this Principle and Practice, this good Consequence would naturally follow; we should be in perfect Peace in our own Nation, and without all Doubts or Fears of the contrary: But,  
2. And if this same Spirit, and Principle, and Practice were in all things believed and obeyed by all People, such would be the virtue of the effect of it, in the peace, and love, and comfortable union and fellowship that would flow forth among all people in our Land by such Spirit and Principle, and also to other People's through the World, that occasion would not be administered to any other Nations, to invade or destroy us by rising up against us; but such would be the virtue of such a Government, wherein perfect peace were among the People in obedience to that Principle and Spirit, that all the Earth would be engaged towards such a Government in love and obedience, and would fear and tremble before the Lord to offend it; yea, such would be the Majesty and Power of the Lord God for such his People, and would so appear for them against their enemies, his People only trusting in his power and arm of strength, renouncing all the Confidence in the arm of Flesh; the God of Heaven would appear for them in his Salvation round about them spiritual and temporal; If (I say,) men were all come to the Principle and Practice; of Righteousness and Truth, of Justice and Mercy, and to renounce all the contrary, and could deny all carnal Weapons, and would trust the Lord only to defend them, and would in all things rely upon him, such a People would be happy and blessed among themselves, and also a happiness to all the World, and a joy and yet a terror to all Nations; and the God of Heaven would defend them in all their ways, from the Fury and Wrath of the Wicked; and if the Lord were wholly trusted to, and depended upon by all people, his eternal power would be seen always in preserving of them, for no man nor People ever yet trusted to the Lord, and was failed in their hope and confidence.  
3. But to come into the belief and practice of that spirit and principle which cleaves only to the Lord and trusts in him, and altogether depends upon him for defence and preservation, and renounceth carnal Weapons; this is only the work of the Lord in man's heart, to beget People into the belief and obedience of the same, it is God only by his Power and Spirit that must bring all men to this estate; It cannot be taken upon a Person or a People if they will, or who may be of this Principle and Practice that will, this is not the way, it is not thus come by, no man can mould himself into such a frame as to believe and obey God in all things, and so to trust the Lord as to renounce carnal Weapons, but it is he alone that persuades the Heart and Conscience into the Faith and Practice of this; So we enjoin no man nor People unto it, we may not persuade any man to lay aside all Carnal Weapons upon the penalty of damnation, nor bind any such thing upon him with a Curse, till God persuade his Heart. And as it was God that wrought the same in us, even to deny all carnal Weapons, and never to fight more with them, but to trust the Lord altogether, and that upon the penalty of damnation, so we leave it to him to work the same in others, according to the Counsel of his own Will.  
Lastly, In full Answer to the Objection thus, We are convinced in our Consciences by the Spirit of Christ, of the unlawfulness to ourselves of going out to War with carnal Weapons against any man in any case, and we cannot do it but we sin against God, yet we leave all People to do, or not to do in that Case as they are moved and persuaded by the Spirit of Christ Jesus in their own hearts, and may not persuade any man to, or against this thing contrary to their own Consciences; but as for us, we being Convinced that we ought not to go out to War with carnal Weapons, we must be obedient to the Lord in this matter, and must follow the Lord in his leadings according to the light of Faith which we have received from him, without respect to what may be the Consequence of the same, we must not follow the Lord with respect to what effects may follow (as of Peace or Trouble, Joy or Heaviness) to our outward man, but we must be obedient to the Lord absolute, and not measure our love and faithfulness, and obedience to him, by either objected or real Consequences which may follow; for we must, and do trust the Lord in whatsoever may follow upon our outward man for our obedience to him; so we are not further careful in any thing what the Lord may do, or suffer to be done in any Case, only 'tis our duty to stand in his Counsel, and to walk in his Fear, and to follow his Teachings, and then we are certain nothing will come to pass as any Consequence thereof, but what will be for our good and the glory of the Lord in the end; for he hath given us hearts to trust in him, and we do rely upon him for defence and preservation in all cases, and are made of him to trust our souls and bodies with him in our obedience to his Will, commending ourselves into his hand of power, to live or to die in our subjection to him according to his Heavenly Will; and our Souls do desire that the same mind and heart were found in all People, that they would obey him in all things, and trust in him only, and commit the Consequence thereof to him; Oh! than should the day be blessed, and the whole Earth made happy, and the People rejoice in the Salvation of the Eternal God; Then should the Heavens sing for joy, and the Saints and Angels rejoice together, when God alone is exalted in the midst of his People, and all Faith and Obedience given to him by all the Sons of Men.   

THE CONCLUSION.  
WE are and have been a Suffering and persecuted People by the powers of this World, who have all risen up against us from time to time to destroy us, and have taken many occasions against us, and used many ways and means for that end, but the Lord God everlasting hath hitherto preserved us, and kept us alive in his Name and by his Power, and not only so, but he hath enlarged us and increased us, and made us to grow in strength, in courage, in boldness, and in number also, through all our Afflictions, Sufferings and Persecutions; and this is the Lords doings, and it is marvellous in our eyes, that even the same way which our enemies have taken, and thereby thought to destroy us, by that very way and means hath the Lord advanced us, and promoted us, raised us up, and strengthened us, and increased us, and this is to his Praise and Glory, that all Flesh and the Wisdom thereof may be confounded, and its purposes turned backward, which is intended against the Lord and his Heritage; we have seen the power of the Lord God often appearing in us and for us, and we are evident Witnesses of his deliverances which he hath wrought, and we cannot but sit down astonished in the remembrance of the things which our God hath done for his People in our age.  
And though multitudes should rise up against us, either in open, actual, furious Opposition, or in more secret Contention by Arguments, or what way else soever to overthrow us, yet we have one Witness against them all to withstand them, we have one Testimony wherewith to oppose them if multitudes should come against us in one day; which Witness and Testimony, in which our Strength and Confidence lies, is that of the Spirit of Christ Jesus in our own hearts, which bears witness to us, that we are the People of the Lord, and he hath chosen us, and he will defend us and preserve us, and be with us unto the end for ever. And this Witness is sufficient for us against multitudes of Enemies, and we cannot fear