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A44360 Due order of law and justice pleaded against irregular & arbitrary proceedings in the case and late imprisonment of George Whitehead and Thomas Burr in the city and county gaol of Norwich, from the 21st day of the 1st moneth called March, 1679, to the 12th day of the 5th moneth, called July, 1680 being an impartial account of the most material passages and letters to the magistrates relating to the said proceedings with the prisoners above said : wherein the people called Quakers are vindicated and cleared from popery : published for information and caution on the behalf of true Protestants and English-mens birth-rights. Hookes, Ellis, d. 1681. 1680 (1680) Wing H2660; ESTC R7941 74,567 109

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That is by our living peaceably under the King and Government R. Do you scruple any Word or thing contained in the Oath If you do tell us what it is G.W. We both own and can sign the Declaration of Allegiance in opposition to the Pope and Popery And to those Seditious or Treasonable Practices and Positions abjured and renounced by that Oath R. Do you hold it unlawful to take an Oath in any case G.W. We are not commited to Prison to answer to Questions at Sessions but to Answer to the Premisses contained in our Mittimus R. Do you not hold it lawful to tell a Lye i.e. an Officious Lye to prevent an eminent danger c. or to that effect G.W. No by no means that 's not a true Protestant Principle to tell or maintain an Officious Lye so called R. Will you take the Oath c. If you will hold up your Hand as a Testimony that you do take the Oath or Swear that shall serve c. G.W. We have a Protestation or Declaration against the Pope Popery which was delivered to the Committee of Parliament and thereby judged sufficient to distinguish us from Popish Recusants We crave leave of the Court to read it R. What difference is there between a Protestation and an Oath G.W. It may be a Protestation or Testimony against Popery yet not an Oath I pray you let 's read our Protestation that we may not lie under Suspition without cause Court You may Read it The Protestation read in Court which followeth A Protestation or Declaration to distinguish Protestant Dissenters from Popish Recusants I A.B. do in the presence of Almighty God solemnly profess and in good Conscience declare It is my real Judgment that the Church of Rome is not the Church of Christ nor the Pope or Bishop of Rome Christ's Vicar And his or their Doctrines of deposing Heretical Princes and of absolving their Subjects of their Obedience Of Purgatory and Prayers for the Dead Of Indulgences and worshipping of Images Of adorning and praying to the Virgin Mary and other Saints deceased And of Transubstantiation or changing the Elements of Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever are False Erroneous and contrary to the Truth of God declared in the holy Scriptures And therefore that the Communion of the said Church is Superstitious and Idolatrous And I do likewise sincerely testifie and declare That I do from the bottom of my Heart detest and abhor all Plots and Conspiracies that are or may be contrived against the King or Parliament or People of this Realm or the true Protestant Religion therein professed And I do hereby faithfully Promise by God's help to live a peaceable and sober Life as becometh a good Christian and Protestant to do And all this I do acknowledge intend declare and subscribe without any Equivocation or Mental Reservation according to the true Plainness Simplicity and Usual signification of the Words Witness my Hand G.W. This was excepted by a great Committee and entred the Journal of Parliament in order to distinguish us from Popish Recusants c. R. We have not a Law to except it 'T is not enacted or made a Law We must proceed according to Law c. You seem to declare for the true Protestant Religion c. When you dissent from the Church of England ‖ This renders Protestancy but in a narrow compass as if all Dissenters were no Protestants I am not in that Point satisfied with your Declaration or to that effect G.W. We have no Mental Reservation in the case We are willing and ready to sign this Declaration Interrupted when about adding these Words viz. The true Protestant Religion is wholly opposit to Popery It stands in Protestation or Testimony against Popery 'T is a Negative Testimony thereof So far as any Protestants in the Church of England or elsewhere do really protest against and sincerely disown Popery so far are we of the same Judgment with them But there are Protestants of several degrees some are more refined and more clear of Popery than others G.W. Is there any Evidence against us to prove the Premisses contained in our Mittimus Where are our Accusers R. The Premisses what are they G.W. The being at an unlawful Assembly in disturbance of the publick Peace as is pretended against us Let 's be tryed and either condemned or acquitted hereupon R. I was more favourable to you than you deserved For I could have drawn an Indictment against you at Common Law and brought you to a Tryal upon it Which being found against you I must have fined you R. We who are in Commission for the Peace are Lex loquens and to give the true meaning of the Law We are not to make Laws but to Interpret the Law We are to punish or amerce Offenders secundum Qualitatem secundum qualitatem delicti c. G.W. We are not at present about to justifie our selves as to matter of Fact We are willing to hear Evidence what any can prove against us in relation to our Assemblies Let 's have due Process R. If the Court will agree to it wee 'l Adjourn And I will provide an Indictment and give order that the Witnesses shall be here and will give it to the Grand ●nquest And if they find it against you you shall be fined Forty Pound and Imprisonment till payed c. Prisoner It seems the Witnesses are yet to procure Is there any here that can give Evidence against our Meeting of the breach of the Peace c. R. That 's a Lye I did not say I would procure Witnesses that 's Scandalous T.B. We desire that no advantage may be taken against us for a Word You ought not to take advantage c. G.W. I intended no offence in the word Procure I intended it not in the worst Sense i e. as by way of Subornation for I intended no other than according to the Recorders own Words That Witnesses should be here or the like which doubtless many present heard Prisoner Well we refuse not to be Tryed upon the Charge in our Mittimus touching our Meeting c. R. You shall have the Oath put to you And I 'le tell you what danger you incur If you refuse to take it you are to be put out of the King's protection your Lands and Estates forfeit to the King and your Bodies Imprisoned during the King's pleasure c. G.W. We understand what a Praemunire means according to the Statute of Praemunire made in the sixteenth Year of King Richard the second Though there 's no Equity that should be brought upon us whilst we Practice our Allegiance Suppose we cannot for Conscience sake Swear 'T is but hard measure to bring us under the penalty of Praemunire for that cause only What Equity can there be in it Seeing we utterly deny the Pope and Popery c. To which we may justly