Forreign Princes to invade and annoy them Of absolving Subjects from their Allegiance and Obedience Of licensing any of them to bear Arms raise Tumults or offer Violence or Hurt to their Lawful Kings Princes Governments or Subjects Of Treasons Traiterous Conspiracies and Hellish Plots against King Government Parliament or People Of that damnable Position that Princes that be excommunicated or deprived by the Pope may be deposed by their Subjects or any other All which destructive Principles and abominable Practices together with that Antichristian Spirit from whence they proceed we do in good Conscience and in the sight and presence of God who knows our Hearts utterly abhor protest and testifie against them and therefore do neither refuse nor scruple the said Oath in favour to these or any such Principles What 's now awanting why we must be run to Praemunire to lose our Estates and Liberties Iâ— a peaceable Conversation awanting on our parts No. Is the Duty of Allegiance towards our King awanting No. Are we infectâ—d with Popish Treacherous Treasonable or Destructive Principles against our King or his Government or People No God knows the Innocency of our Hearts and Intentionâ— and men know our peaceably Conversations What then 's the matter that we must be so severely dealt withal to the uttermost rigour of the Law to be deprived of all our outward Liberties Properties Estates Livelihoods and all our outward Comforts in this World Are we guilty of any such essential Offence or capital Crime in our not coming under the circumstance of an Oath as may justly and naturally merit such severity No sure The case is brought to a near point and resumed to a very narrow compass Aninnocent honest quiet and well meaning man both towards the King his Government and People he 's truly principled in his Duty he 's real and honâ—st in his Heart towards his Protestant Prince he 's a real Protestant against the Pope and all Popish Antichristian Positions and Destructive Practices he not only performs his Duty of Allegiance in his peaceable Conversation but also declares it in the sight of God and Men and is willing to sign and subscribe such Declaration of his Duty of Allegiance if he may not otherwise be believed only he conscientiously scruples to say I Swear and to kiss the Book to make his Declaration an Oath for want only of which circumstance and ceremony this poor innocent man and sincere Protestant must be run to a Praemunire his Liberty lost and the little Estate or Substance he has must be forfeited and all taken from him his poor Wife and small Children left desolate wholly Impoverished and want Bread his Wife must go Mourning and wringing her Hands and shedding of Tears night and day for the hard measure she has met withal and her Children dolefully Crying and Mourning for want of Bread Where 's now either Conscience Equity Reason Justice or Mercy Were it not very Inhumane thus to destroy innocent and harmeless Protestants and thereby to gratifie the Popish Spirit and Party meerly because such Protestants are afraid of an Oath They dare not Swear And how is the real intent and end of the Law answered by such severe and inhumane dealing with innocent Protestants who never were impeached nor just'y chargeable either with treasonable Attempts Principles or Practices They cannot be detected either with actual Treason or being infected with any Treasonable Principles by any of their Teachers or others And therefore no such Persons or People as those Laws of Praemunire were really intended against though such can escape them We can appeal to God Angels and all just impartial Men this is our Case We are not the People which in point of Equity or Justice the Law could ever be intended against We are of no such destructive Principles or Practices as either the nature of the Oath points at and intends or the Statute of Praemunire 16 R. 2. c. 5. was provided against unto which Statute both that of the 3d of K. James c. 4. and 7th of K. Ja. c. 6. do refer for the Penalty of a Pramunire upon Persons refusing to Swear to the Dealaration of their Allegiance Let that of 16 R. 2. c. 5. be considered as to the nature and intent thereof Anno deccimo Sexto Ricardi 2. c. 5. The Title Praemunire for purchasing of Bulls from Rome The Crown of England subject to none The conclusive Clause of the Offence and the Penalty viz. VVhereupon our said Lord the King by the assent aforesaid and at the request of his said Commons hath ordained and established That if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunication Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regalty or his Realm And they which bring within the Realm or them receive or make thereof notification or any other Execution whatsoever within the same Realm or without that they their Notaries Procurators Maintainers Abettors Fautors and Counsellors shall be put out of the King's protection and their Lands and Tenements Goods and Chattels forfeit to our Lord the King and that they be attached by their Bodies if they may be found and brought before the King and his Council there to answer to the causes aforesaid or that process be made against them by Praemunire Facias c. Animadversion Now it being unto this Statute cited 16 R. 2. and the penalty of Praemunire therein mentioned that those of King James about refusing the Oath do refer the Justices as to the Penalty Hence these two things are observable 1. The Nature of the Offence or Fact incurring such severe Sentence and Penalty as that of Praemunire 2. The Nature of the Penalty if self First The Nature of the Offence or Fact is very criminal 't is Treacherous and Treasonable as that of purchasing pursuing or precuring in the Court of Rome c. Sentences of Excommunication Eulls Instruments c. which touch the King his Crown and Regality Secondly The nature of the penalty of Pramunire is suitable to the Fact it bears a proportion and is adopted thereto as that the Persons so highly offending and such perfidious Enemies against the King his Regality or Government by purchasing Sentences of Excommunication and Bulls from Rome against the King tending to destroy him and subvert his Government should incur the penalty of being put out of the King's protection their Lands Tenements Goods and Chattels forfeit to the King and their Bodies attached and they brought before the King and Council to answer c. For how should they desire the King's protection and to enjoy their Priviledges under him who purchase Bulls from Rome in order to destroy him which is still an Offence of the same nature and hind that the Oath of Allegiance and the Acts requiring it in King James his dayes were intended and provided
Quarter-Sessions for their Discharge thereupon by due Order of Law Interruption on the reading the third Exception in this Objection viz. R. If a man owe twenty men Money the first that Arrests him lays him into Goal but the other may lay their Actions upon him for all that Or if a man Robs in several places and is laid into Goal for one Robbery and there comes a Hue-and-Cry after him for another shall be go free of that because he is Arrested already G.W. That 's not our Case there 's no parity between them We were not committed to Goal on any such account as upon any Action of Debt Robbery c. Nor were we Chargeable with any new Matter or Crime when the second Warrant was writ more than when our Mittimus was writ and we first committed to Prison Pray let me read on the Matter 's further cleared Exception 4 Fourthly The second Warrant is contradictory to the first in that it admits of no Bail nor Mainprise for the Prisoners which the first admits of in these words viz. Being required to find Sureties for their respective Appearances at the next General Sessions Whereas the Prisoners were no more Criminal when the second Warrant was made than when the first was made being then in Hold upon their Commitment Exception 5. Fifthly The Prisoners were not Convented nor had in Examination before the Justice when the second Warrant was made to answer for themselves as they ought Judicially to have been if he had any new Matter unbailable against them or any matter of such High and Criminable Nature when he made the second which he had not when he made the first as to render them uncapable of Bail Therefore his second Warrant is Illegal and Extrajudicial and the Court is bound to take notice of it After the fifth Exception the Recorder again Interrupted viz. R. While I have to do here I will not suffer my self to be thus reflected upon It is a Dishonour to the Court. Court How many more have you to read G.W. But a very few I shall quickly have done You may call for any of them to be read over again when I have done Court You may go on Go on Exception 6. Sixthly If it be objected That the Prisoners refused to take and pronounce the Oath of Obedience to the King being duely required by Justice Bacon That is an apparent Mistake If the Warrant of their Commitment be of Credit it shall be Evidence in that it admits of Baile as before Which the refusal of the said Oath being so required admits not of But the Prisoners were not committed on that Account And therefore the second or Collateral Warrant which is of another date and no Commitment is grounded on a mistake in that point and is an extrajudicial thing And therefore not to be taken notice of but rejected by the Court and holden for none Exception 7. Seventhly Justice Bacon could not legally not duly require the Prisoners aforesaid to take the said Oath according to the Tenor and plain express Words of the Statutes provided in that case They not being under those Circumstances and Causes which the Law provides and limits as precedent to one Justice his being Authorized to require it See 3 Jac. c. 4. and 7 Jac. c. 6. and Dalton Just pac fol. 94 and 95. Upon the seventh Exception when read the Recorder alledged thus viz. R. If I find you under any one of those Circumstances or Causes I might tender you it Observation added 1 st But he did not assign or shew any one Circumstance that the Prisoners were under to Warrant his alone tender of the Oath However he hereby granted That he had no Power alone to require the said Oath without limitation of such precedent Circumstances 2 dly The Circumstances and Causes precedent and prescribed by the Statute 7 Jac. c. 6 are The Persons standing Indicted or Convicted for not coming to Church c. or complained of by the Minister Petty-Constable and Church-Wardens or any two of them to any Justice of Peace near adjoyning to the place where any Person complained of shall dwell c. 'T is only in such case that one Justice has Power to require the said Oath His Power is apparently limitted by the Law to certain precedent Circumstances under which Circumstances and Capacity neither the Prisoners nor the Justice stood and therefore were not in statu quo for the Oath to be legally required of them by one Justice Exception 8. Eighthly The Oath of Obedience could not be legally tendred on the 21st of March 1679. being the Lord's day Because that no Writ Process Warrant Order Judgment or Decree are to be served on that Day except in cases of Treason Fellony or breach of the Peace which the Case of the said Oath is none of It is a case of it self distinct See the Act for the better observation of the Lord's Day commonly called Sunday Anno vicesimo nono Caroli secundi 1677. After the eighth Exception being read R. Now you have prepared a Knife to cut your own Throat withal by that Exception In case of Treason Fellony or breach of the Peace your Meetings are against the Peace c. or to that effect Observation 1. That the Recorder did not deny the tender of the Oath to be process or a proceeding in Law Nay we presume he could not deny it G.W. That our Meetings are against the publick Peace remains to be proved upon the Premisses of our Mittimus prevented and interrupted when these Words should have been added being clearly intended for Argument in relation to the Exception Observation 2. viz That the tender of the Oath of Allegiance is a case of it self distinct from the Cases of Treason Fellony and breach of the Peace For it cannot be Justice to excuse or acquit Traytors Fellons or Breakers and Violaters of the Peace by tendring them the Oath of Allegiance or by their taking it That were an easie way for Traytors and Fellons c. to escape the condign punishment of the Law There 's other process or proceeding in Law more properly limitted and assigned against them For how many Oaths would not Traytors and Fellons take if Swearing would free them from the Judgment or condign punishment of the Law What Oaths would not such take to save themselves Observation 3. That seeing the Recorder seem'd not to deny the tender of the Oath to be a process in Law His Answer i.e. That your Meetings are against the publick Peace was besides the point His requiring the Oath is neither the Process nor the Penalty of the Law for the breach of the publick Peace They are distinct Cases and Processes R. Have you any thing against the Oath of Allegiance Or do you except against any thing contained in it G.W. We have nothing to except against the Declaration of Allegiance contained in it as to the Substance thereof T.B. We shew our Allegiance by our Conversations
the Minister Petty-Constable and Church-Wardens or any two of them shall complain to any Justice of Peace near where the Party dwellâ— and the Justice shall find Cause of Suspition then he may tender and proceed as above But all this I conceive with clearness to be meant and intended Popish Recusants But admitting it otherwise I conceive as this Fact is now put the Proceedings are not warrantable by the above-said Laws nor any other for here is no such Presentment Conviction or Indictment as the Law requireâ— to warrant either the first or second tender of the Oath and thereâ—ore I conceive the Parties grieved may be relieved c. Thus far truly transscribed out of Councillor Smith's Advice under his own Hand The Premisses considered we really think it had been your Best your Clearest and Wisest way to have manifested your Dissent as we gave caution at first from Francis Bacons's precipitant irregular dealing with us about the Oath and his illegal Commitment from Sessions which is entred for protect of Authority with the Title pro Curiam and therefore our strict Confinement thereby as your Act howbeit 't is not subscribed by any of you Wherefore we yet in Love and Good Will to you both for your own inward Peace and outward Reputations as well as our own Rights request our Liberty we being wronged hurt and grieved in divers respects by the said Proceedings of your late Recorder whereof we do once more make our Complaint to you for Relief according as we think our selves obliged in Conscience and directed also by Law Pray view the Statute of the 4 Hen. 7. c. 12. for 't is a good one 't is worth your reading Judge Cook cites it See his Instit 4 part fol. 170. and insists upon it as a necessary Caveat to all Justices of Peace For that by the said Statute Provision is made for any Subject that is hurt or grieved in any thing that remedy may not be delayed or deferred being directed to make complaint to the Justice or Justices and to desire Remedy and if he have no Remedy to shew his Complaint to the Justices of Assize if it be nigh the time of their coming but if it be too long afore their coming then the grieved to come to the King's Highness or his Chancellor and shew his Grief Whereupon the King shall send for the said Justice to know the Cause why his said Subjects be not eased And if he find any of them in default in these Premisses he shall do to him so offending to be put out of Commission c. And now as we can in good Conscience say we are Persons that refuse not to Swear in favour to any Principles of Disloyalty or Rebellion Thus much in relation to the Declaration of Allegiance contained in the Oath of Obedience we do comprehensively and sincerely propose and offer viz. That Fidelity and true Allegiance to the King we do bear which in good Conscience we believe is our Duty in opposition to and utter abhorrence of all those Horrid Seditious and Treasonable Practices Principles and Positions which are abjured and renounced in the said Oath This Declaration in the sight of him who searches all Hearts we do really assent to and own and through his gracious Assistance hope ever to be found in the practice of that Fidelity and Innocency towards the King whom God preserve that become true Protestant Subjects and peaceable-minded Christians desiring only to enjoy the Liberty of the Peaceable and Inoffensive Exercise of our tender Consciences towards our Lord Jesus Christ in his Worship and Service That he may direct you in Righteousness and bless and preserve you and yours is our Prayer also Your Friends and Prisoners for Conscience sake towards our Lord Jesus Christ G.W. T.B. Norwich Goal the 21st of the 4th Moneth 1680. To the Recorder and Steward of Norwich The account of the Prisoners Case more comprehensively stated Loving Friends VVE desire you would take no Exception or Offence at our late request for our Liberties for we design none towards you or any other of the Magistrates being unwilling to disobliege any Person that hath shewn Civility to us in any kind as we acknowledge you have in admitting us some discourse with you One reason of our said Request was because the other Justices lately gave consent to our enlargement If the Recorder would consent or advise thereto as the Messenger told us We still really apprehending our selves unduly proceeded with and wrongfully detained by the late Recorder's means both in regard of our own Innocency and of the Injury and Hurt we have divers wayes sustained by this our Confinement for near four Moneths past to the impairing our Healths afflicting our Families and detriment to our Concerns And not being wholly ignorant in point of Law how unwarrantable the procedure is against us from first to last being also confirmed in our weak Apprehensions therein by Persons learned in the Laws as Council hath lately given it under Hand That indeed it s an irregular proceeding throughout And that the late Commitment by which we are detained is not good but against Law And therefore its being given or pleaded as an Order of Sessions or as pro Curiam cannot rationally argue it to be an indispensible Law you know better in Law and Logick doubtless These things considered we did think our selves in Conscience obliged and concerned as English men with respect to our Birth-rights to request our enâ—argement of the Justices of this City Howbeit we charitably hope That right is intended us when you are in Statu quo i.e. at next Sessions which is the most as we can rationally suppose can be alledged for our detention in the mean time by the said Order and according to your Advice we have been and intend to be patient till your Quarter-Sessions seeing that before 't is not thought Regular to discharge us so that then we hope no further occasion will be sought to prolong us in Prison But that as prudent men you 'l better consider our Right and your own Reputions We cannot but remember how little care of due method and regularity Francis Bacon had in getting us into Prison considering how much there seems to be now for our Discharge 1 st We were apprehended put in Prison and detained for some Hours upon his verbal Order without any Examination or Mittimus be sent the Sheriff to do it 2 dly Then we were had before him and Fined on the account of the Meeting 3 dly Then because we did not deposit the Fines he committed us to Goal for the same Meeting by a Warrant only in his own and not in the King's Name 4 thly Then he laid our Fines upon others upon a false and groundless pretence of our Poverty So he awarded two Punishments for one supposed Offence i.e. Imprisonment and Fines câ—ntrary to the Act in that case 22 Car. 2. which intends not Imprisonment Then observe his contradiction
have so much Charity Humanity and good Nature towards us as not to think so hardly of us for our Conscientious perswasion as if we justly demerited any such severe Penalty a the Judgment of a Praemunire to be put off the Kings protection c. next to the punishment of Traytors when we bear no ill will to the King we have notâ—ing but Love and good Will to the King and his People Surely that Severity cannot in Reason or Equity be adjudged secundum Qualitatem quantitatem delicts supposed in our case if due measures be taken according to Equity and the Law of God in the Conscience which as the Learned conclude admits not in all cases of taking all that the Words of the Law give for that were sometimes to do against the Law To follow the Words of the Law saith Doctor and Student were in some cases both against Justice and the Common-Wealth Wherefore â—n some cases it is necessary to leave the Words of the Law and to â—ollow that which Reason and Justice requires as it is asserted Dâ—ct and Stud. pag. 27. Every man ought to have a due recourse and regaâ—d unto thiâ— inward Law of Reason and Equity in his Actions for which all aâ—e accountable to him whose Eyes are upon all the wayes of the Sons of Men. If we be questioned why we did not procure a Writ of Habeas Corpus before or at first We Answer We were not willing nor advised to do that because we did not despair to have Justice done us among you here nor do we yet which we really reckon more Honourable for this City than to delay us under a wronful Imprisonment And now as praecipitatio morosa cunctatio i.e. Too much rashness casting men down Head-long and Froward delay are accounted two great Adversaries to the due Execution of Law and Justice and we really apprehend our selves injured by the first especially through Francis Bacon's precipitant procedure We desire that none in Authority in this City may be concerned in the last towards us to the prolonging us under this restraint so far remote from our Families and Concern to the injuring of their own Consciences as to their inward Peace and our further Oppression and Grievance Moreover being sensible of a divine Hand of Providence in permitting our suffering in this place as also that our Religious cause should lose nothing by our Imprisonment as we told Francis Bacon at first we have been the more Armed with Patience and clearness of Spirit in Love and Good Will towards the Magistrates of this City Also our tenderness and respect to them has been some stop to us hitherto from presenting our Grievance â—as a Formal case to the King ‖ ‖ Though we suppose he had heard by others of it and Council which we really intended by way of Complaint if the late Recorder had continued in place seeing him so much bent against us and if the Justices would have been swayed by him as that we could not have found Relief from them after Application made to them And then from so little Converse and Solicitation as I * * i.e. G.W. have been concerned in at Court I could easily presuppose how the Irregular and Arbitrary proceedings of Francis Bacoâ— and the others Omission apparently repugnant to the Interest of both King and People would have been resented and what Reflection it would have procured Which method we find advisable and warranted for any Subject that is â—uâ—tâ—r grieved in any thing that Remedy may not be delayed as 't is very plain in the Stature 4 Hen. 7. cap. 12. which Judge Cook insists upon as a necessary Caveat to all Justices of Peace See his Institutes 4 part fol. 170. The Party grieved being directed to make complaint to the Justice or Justices and to cesire Remedy and if he have no Remedy to shew his Complaint to the Justices of Assize if it be nigh the time of their coming but if it be too long before their coming then the Grieved to come to the King's Highness or his Chancellor to shew his Grief Whereupon the King shall send for the said Justice to know the cause why his said Subjects be not cased And if he find any of them in default in these Prâ—misses he shall do to him â—o offending to be put out of the Commission c. 'T is true we have intelligent Friends at London and that some of them understanding how hardly and wrongfully we have been dealt withal have used some Solicitation on our behalf to some Persons of Quality though we have not as yet given any direction for a formal Complaint to the King upon our case And what Interest hath already been sought or pâ—oâ—ured for us was never intended to interier with the Law or Invalidate the due course of it because they knew we had it hot nor to set up Prerogative above or in opposition to Law and Justice Though we must needs assent that the King hath a Prerogative in all things that are not injurious to the Subject and Fower to disable such subordinate Ministers as do injure any of his Subjects by the undue er Male. Admimstration of Law The Earl of Yarmouth to whose kindness we are much obliged hath been pleased to mediate on our behalf by Letters desiring that all the Favour the Law will allow us may be shewn us as having received sufficient Testimony concerning our Reputation as being no Papists in order to remove that suspition pretended to the contrary to render us Obnoxious And we hope he will be of so much Credit and Repute with you as neither to expose us to the Severity of the Law for our Conscientiously fearing to Swear nor yet to prolong us under restraint upon any such Infamous or Causeless suspicion of what we really are not prejudicially insinnuated * * 1 st By the Informers 2 dly By Francis Bacon by such Questions as the late Recorder put to us As First Are you not in Orders from Rome or have you not Orders from thence Will you take the Oath of Allegiance to distinguish your selves c. Secondly Do you not hold it lawful to Lye or to tell an officious Lye in some Cases Thirdly It might be you might make your Certificate your selves in Prison With such like perverse Insinuations before and at Sessions to render us Obnoxious and Odious and to cover his Erroneous and Arbitrary proceedings God preserve and direct you and us Norwich Goal the 3d of the 5th Moneth 1680. This Account is given you in real Love and Good Will which we can assure you we bear towards you as we are your Friends who truly wish you well G.W. T.B. Delivered to the Recorder by M. Defrance the 10th of the 5th Moneth His absence from the City caused the delay of the Letter so long For proof of matter of Fact in charge that it may plainly appear the said Francis Bacon when Recorder awarded two kinds of Punishments
Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England or in other mannor than is allowed thereby Answ We answer 1 st That the words Colour or Pretence have relation to the Preamble as Who under pretenve of tender Conscience have or may at their Meetings contrive Insurrections as late Experience hath shewn But such pretence or colour of Religious Exercise for any such Contrivance were Abominable Deceit and Hypocrifie and never chargeable upon us or our Assemblies We can challenge the whole VVorld to detect us herein 2 dly We are not conscious to our selves of any such matter of Fact committed in our Assemblies and on our part which the Liturgy or Practice of the Church of England allows not If we be herein charged let 's know what it is that we have done in our Assemblies which the Liturgy and Practice of the Church of England allows not of seeing the Liturgy allows of the holy Scriptures which we are sure allow of and enjoyn Christians Assembling together to wait upon and worship God in Spirit and Truth and of the manner thereof as to the places whether in Houses or abroad in Fields or Mountains which is our case both as to the matter and manner of our Assemblies Obj. If it be still objected That our Meetings are under colour and pretence of an Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England Answ We answer 1 st What that exercise of Religious worship is that is in other manner than according to the Liturgy should be explained unto us and that according to Law seeing this late Act against Conventicles does not explain What Manner ' t is But 2 dly we find in a Statute made in the first year of Queen Elizabeth Chap. 2. That that other Manner is thus explained viz. †What other Manner the Liturgy allows not That if any Person or Persons whatsoever shall by open Fact Deed or shall by open Threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedrial or Parish Church Chappel or in any other place to sing or say any common and open Prayer or to minister any Sacrament otherwise or in any other Manner and Form than is mentioned in the said BOOK c. This does not at all reach our case we are not found guilty hereof and therefore are not condemnable by the Law in this case this concerned the Clergy not us and we neither threaten compel cause or any wise procure or maintain any Parson Vicar or any else to sing or say any common or open Prayer or to minister any Sacrament in any Cathedrial or Parish-Church c. we are so far from that we compel No Body to any Form of Singing or Praying in God's Worship but perswade men to serve and worship God as he directs and for that end desire all may come to his divine Grace and good Spirit in their Hearts to guide them in his holy Worship both as to matter and manner of praying and praising his Name that they may serve and worship him not in the oldness of the Letter but in the newness of the Spirit for such he is even in our days seeking to worship him as must worship him in Spirit and in Truth and such both pray with the Spirit and sing with the Spirit and with Understanding according to the antient Apostolical Testimony and Practice of the Primitive Spiritual Christians Norwich An Account of the People called Quakers sent to Prison by Francis Bacon when he was Steward and also since he was Recorder and those Mayors of the City of Norwich who joyned with him since the late Act against Conventicles 22 Car. 2. came forth 1670. THe 10th of the Moneth called July 1670. Thomas Buddery John Rust Edward Monk William Waymor and Anthony Alexander were sent to Prison upon pretence of a Riot for telling People as they passed to the Mayors House there were the Informers when people were inquisitive to know which they were by a Warrant from the then Mayor and Francis Bacon Steward signifying no crime in the Warâ—…nt but till they could find Sureties for the Behaviour where they were in Prison till the Sessions and an Indictment brought against them for a Riot but the Grand Jury were found better Justices and would not find the Bill They were detained Prisoners about five weeks 1670. Samuel Duncon and Anthony Alexander in the year 1670. made their Appeal where in stead of having Justice done them the said Francis Bacon being Judge of the Sessions did absolutely surprize them by his Illegal Proceedings refusing to give them a Copy of the Records and made one Witness being also a party serve his turn and the Act says there must be Two for which they wrote to the Mayor Steward and Court of Aldermen telling them of their Injustice and for so doing they were committed to Prison by the said Mayor till they should find Sureties for their appearance at Sessions upon pretence of scandalous Expressions in their said Letter who was observed to Tremble when he signed the Mittimus and for it they were kept Prisoners about A YEAR 1676. Thomas Atkins was taken out of a Meeting the 17th of the 5th Moneth 1676. by Constables and Informers and being had before the Mayor and Fr. Bacon Steward and several Aldermen in their Council-Chamber some of them being very bitter and cruel saying he should pay his 20 l. and they tendered him the Oath of Allegiance and he refusing to Swear they sent him to Prison where he was detained about fourteen Weeks 1678. Thomas Murford had his doors broke open by a Constable having a Warrant from Francis Bacon Recorder for 20 l. Thomas being not at home who made his Appeal when he came home but the Recorder being Judge and having a Jury for his purpose carried the Case and from the Court committed Thomas to Prison where he was detained twenty Weeks 1678. Simon Gogny was sent to Prison the 16th of the 1st Moneth 1678. by Francis Bacon Recorder till he should find Sureties for his good Behaviour Because the said Simon spoke to him when he came himself to break our Meeting something on that occasion by way of Warning telling him of Empson and Dudly he was detained eight Weeks and odd dayes 1679. Thomas Buddery was sent to Prison by Francis Bacon Recorder the 30th day of the 1st Moneth 1679. till he should find Sureties for the Peace so expressed in his Mittimus Because he answered in defence of Truth in these words viz. The Service of God is Perfect Freedom he was detained in Prison six weeks odd dayes Norwich A brief Account of what Goods have been taken from some of the People called Quakers in Norwich since the Year 1670. to this 30th day of the 1st Moneth 1680. by Warrants from Francis Bacon