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A47161 New England's spirit of persecution transmitted to Pennsilvania, and the pretended Quaker found persecuting the true Christian-Quaker in the tryal of Peter Boss, George Keith, Thomas Budd, and William Bradford, at the sessions held at Philadelphia the nineth, tenth and twelfth days of December, 1692 : giving an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716.; Boss, Peter, defendant.; Budd, Thomas, 1648-1699, defendant.; Bradford, William, 1663-1752, defendant. 1693 (1693) Wing K186; ESTC W13889 33,837 40

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be discharged A great Noise and Confusion among the People Some on the Bench showing their willingness to allow of W. B's Exceptions against the two Jurors Justice Cook said I will not allow of it is there ●our of us of a mind Then D. Lloyd began to read the 9 10 11 12 Articles of the said Appeal and commented thereupon denyiug 1 st That any men were hired to fight but only to fetch back the Sloop 2 dly That there was no Commission given but only a Hue-and-Cry or Warrant as might be in any other ordinary case and what was done was in case of great necessity when a Company of Rogues had Pyratically stollen away a Sloop to the great terror of the People of this place and if the Magistrates must be blamed for their proceedings herein what do you think will be the consequence thereof but to encourage all manner of wickedness And Will. Bradford is presented for printing and publishing this seditious Paper whereof you of the Jury are to find him guilty if it appear to you that he has printed it W. Bradford I desire you of the Jury and all here present to take notice that what is here contained in this Paper is not Seditious but wholly relating to a Religious Difference and asserting the Quakers antient Principles and is not laid down positive that they ought not to have proceeded against the Privateers but laid down by way of Query for the People called Quakers to consider and resolve at their Yearly Meeting Whether it was not a Transgression of the Quakers Principles to hire and commissionate men to fight Justice Cook If it was intended for the Yearly Meeting at Burlington why was it published and spread abroad before the Meeting VV. B. Because it might be perused and considered of by Friends before the Meeting even as the Bills that are prepared to be passed into Laws they are promulgated a certain Number of days before the Assembly meets that all may have opportunity to consider them Then D. Lloyd read the Act against Printing 14 Car. 2. cap. 33. against Books being printed without the Printers Name to them and he said That was one Act which they prosecuted W. Bradford upon To which G. K. answer'd and it may be observed the singular and extraordinary Severity of these Justices called Quakers who will pick out a Statute made in Old England and prosecute a man upon here which might Ruin him and his Family tho' it s not certain whether that Act be in force whenas most of W. Penn's the Quakers Books were printed without the Printers Name to them when that Act was in force and yet we never heard that any Printer in England was prosecuted for that and therefore these here have exceeded them in England which manifests their Malice and revengeful Spirit that because they cannot fix the matter to be any Breach of the Peace tho● they pretend it is they 'll prosecute the Printer for not putting his Name to what they suppose he Printed Note That all the time these Persons were upon Tryal the grand Jury sate by them over-awing and threatning them when they spoke boldly in their own defence and one of the Jury had Pen Ink Paper to write down such words as they disliked signifying that they would present them and Justice Cook other times bid them take notice of such and such words thereby over-awing the Prisoners that they had not liberty to plead treely And when Tho. Harris at the Request of the Prisoner began to say something to the matter they stopt him and bid an Officer take him away and Arthur Cook said That he should plead no more there After a long time of pleading D. Lloyd began to summons up the matter to Jury How that the printed Appeal was a Seditious Paper and tended to weaken the Hands of the Magistrates and encourage all manner of Wickedness and that it was evident W. Bradford printed it he being the Printer in this place and the frame on which it was printed was found in his House W. B. I desire the Jury and all here present to take notice that there ought to be two Evidences to prove the matter of Fact but not one Evidence has been brought in this case Sam. Jening The Frame on which it was printed is Evidence enough W. B. But where is the Frame there has no Frame been produced here and if there had it is no Evidence unless ye saw me print on it Sam. Jenings The Jury shall have the Frame with them it cannot well be brought here and beside the Season is cold and we are not to sit here to endanger our Health you are minded to put Tricks upon us VV. B. You of the Jury and all here present I desire you take notice that here has not one Evidence been brought to prove that I printed the Sheet call'd A● Appeal And whereas they say the Frame is Evidence which the Jury shall have I say the Jury ought not to hear or have any Evidence whatsoever but in the presence of the Judge and Prisoner Yet this was nothing minded but Sam. Jenings summoned up to the Jury what they were to do viz. To find 1st whether or nor that Paper call'd the Appeal had not a tendency to the weakening the hands of the Magistrates and encouragement of VVickedness 2dly VVhether it did not tend to the Disturbance of the Peace And 3dly VVhether William Bradford did not print it without putting his Name to it as the Law requires The Jury had a Room provided them by that time they had been a quarter of an hour together the Sheriff caused the Frame to be carried in to them for an Evidence that W. B. printed the Appeal The Jury continued about forty eight hours together and could not agree then they came into Court to ask a Question viz. VVhether the Law did rejui●e two Evidences to find a man guilty To answer which D. Lloyd read a passage out of a Law Book That they were to find it by Evidences or on their own knowledge or otherwise Now says ● Lloyd this otherwise is the Frame which you have which is Evidence sufficient VV. Bradford The Frame which they have is no Evidence for I have not seen it and how do I or the Jury know that that which was carried in to them is mine Interrupted The Jury sent forth again and an Officer commanded to keep them without Meat Drink Fire or Tobacco In the Afternoon the Jury came into Court again and told they were not like to agree Whereupon the Court discharged them Then VV. Bradford told the Court That seeing he had been so long detained Prisoner and his Utensils with which he should work having been so long detained he hoped now to have his Utensils returned to be discharged from his Imprisonment Sam. Jenings No thou shalt not have thy things again nor be discharged but I now let thee know thou stands in the
or as if he had been brought before this Magistrate● as they call him upon some Examination and there instead of behaving himself soberly he presently calls him Impudent Rascal this they would falsly insinuate as also That before long he 'll go into the Council Room and into the Courts and there Revile the Councilors and Magistrates call them Impudent Rascals Oh the Horrid Impudency of these Men Let Shame cover their faces if they have any left in them And whereas they further say That G. K. with several of his Adherents with an unusual Insolency having Traduced the Industry Care and Vigilency of some Magistrates here in their la●e Proceedings against some Privateers c. and hath thereby also defamed and arreigned the determinations of the Provincial Judicatory c. As if G. K. and several others had printed a Book and defamed and arreigned them and denyed their Power of Magistracy whereas all that impartially read the said printed Appeal will find that G. K. did not defame nor arreign them but they having given a Commission and hired men to fight which was diametrically opposite and contrary to the often declared and known Principle of the People called Quakers against a●● Vse of the Carnal Sword it was proposed amongst other things to be considered by all faithful Friends at the Yearly Meeting whether these men ought not to be condemned disowned as Quakers but it was never intended to deny them to be Magistrates for as Magistrates they were obliged to do what they did and it was Commendable in them who did so Commissionate and hire men to fight and also sea●ch the Town for Arms c. But the great Question is Whether they did not Transgress as they professed to be Ministers and Quakers If nay but that the Care and Vigilency of these Magistrates here at Philadelphia 〈◊〉 Quakers is worthy of Commendation as they intimate for saving of a Sloop by Force of Arms how much more shall their care and vigilency be worthy of Commendation to raise a Militia to save and defend the whole Country it any occasion should offer but how steadfast this doth manifest them to be to the Quakers Principle of Refusing in all eases to fight and that for Conscience sake I shall leave all to judge I always thought that which was a matter of Conscience to the Quakers in Old-England Barbadoes and other places had been a matter of Conscience to them under a Government of their own but I find the contrary in these Magistrates many others joyned with them here But that which seem● the most strange to several observing Persons in this place is that several called Quakers in Maryland Barbadoes and other places that pretend its a matter of Conscience to them not to bear Arms yet now will own these here in that Practice unless they now think to leave that Article out of their Creed In the next place whereas Peter Boss being offended with the Judgment of the 28.l writ a Letter to Simuell Jenings being then in Church Fellowship with him● showing his dislike thereof and relling S. J. of some of the Seandals he lay under for this they issued forth a W●rrant against him and put him into Prison without ever dealing with him in a Church method and at the next Court presented him for the same to which Court he was bound ●to answer where he gave his attendance with his Witnesses ready but not brought to Tryal although much desired by him and his Wife who urged the Injuries of the delay thereof At the same Court William Bradford John M “ Comb appeared and desired they might come to Tryal it being greatly to their prejudice to be kept Prisoners saying it is provided by Magna Charta That J●stice shall not be delayed to any and we being free-born English Subjects claim this as our Priviledge and hope this Court will not deny it us because not only our Persons are restrained but William Bradford's working Tools are detained from him with which he should work to maintain his Family Justice Cook said What Bold Impudent and Confident Fellows are these to stand thus confidently before the Court. J. M “ Comb You may cause our Hats to be taken off if you please W. Bradford We are hear only to desire that which is the Right of every free born English Subject which is speedy Justice and its strange that that should be accounted Impudence and we Impudent Fellows therefore when we have spoke nothing but words of Truth and Soberness in requesting that which is our Right and which we want it being greatly to our prejudice to be detained Prisoners J. Cook speaking to W Bradford said If thou had been in England thou would have had t●y back sl●sht before now W. B. I do not know wherein I have broke any Law so as to incur any such Punishment Justice Jenings Thou art very ignorant in the Law surely does not thou know that there 's a Law that every Printer shall put his Name to the Books he prints or his Pres●is forfeited W. B. I know there was such a Law and I know when it expired J. Cook But it is revived again and is in force and without any regard to the matter of the Book provides that the Printer shall put his Name to all that he prints which thou hast not done But waving from that the Prisoners still prest for a Tryal To which Justice Cook said A Tryal you shall have and that to your Cost too it may be And justice Jenings said A Tryal you shall have but for some Reason known to us the Court defers it to the next Sessions and that is the Answer we give and no other you shall have All this time John White Sheriff pleaded vehemently against the Prisoners greatly aggravating their pretended Crimes and when complained of that the Sheriff through whose hands goes all Fines and Forfeitures should be so bitter an Attorney against the Prisoners he cloaked it under the Visor of a Prothonitor So this Court passed over the said Persons not brought to Tryal but yet not wholly barren of Action nor void of Iujustice for tho' they had not only got W. Bradford into Prison and taken his Letters from him with which he should work and his Paper and Books out of his Shop but also they had got the Body of John M “ Comb with which one would think they might have been satisfied had any thing of tenderness remained in them the time they committed him being when his Wife was newly brought to Bed and who lay very weak in a strong Feaver and several thought she would not live and tho he acquainted them of her Condition and how destitute his Family was requsting them to let him go home and he would promise to be ready at any time they should call for him This they would not grant but to Prison he was sent ●ho ' to give every one their due 〈◊〉 the Goaler was