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A31659 A true relation of the unjust proceedings, verdict (so called) & sentence of the Court of Sessions ... against divers of the Lord's people called Quakers, on the 30th day of the 8th month, 1662 / published for the honour of God, the vindication of the innocent, and the information of people, by John Chandler. Chandler, John, 17th cent. 1662 (1662) Wing C1929; ESTC R35804 14,248 24

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to forswear one of the Justices so called preventing the Prisoner said smilingly or laughingly And ye cannot swear at all as though he was delighted that we were taken in such a snare as to our lives Other things were uttered amongst us as christianly witnessing a good Confession before their Judgment-Seat and if any one particular of us through a forward Zeal rather than from any evil desire toward the Court of Jury for we do pray for our Persecutors uttered any words that might give our Enemies any just occasion for the honour of Truths sake we declare a disowning of it and that the Light of Jesus Christ to which our minds and hearts are turned judgeth and condemneth it But whereas Richard Onzlow about the beginning of our Tryal voluntarily said unto us that at Kingston we complained that we had not Justice but now they had brought the Sessions hither that we might have Justice and we found the matter so far otherwise that we concluded as in the Scripture is said Their words are as smooth as Oyl but they have War in their hearts A few Words to the Jury who contrary to their Oaths brought in a false Verdict so called against the Innocent TO every Individual as well the Promoters of as Consenters unto that unjust Verdict these few lines are directed desiring that ye may reade them with patience and moderation and consider what you have done and repent and humble your selves before the Lord before it be too late even before the Anger of the Lord who is patient and long-suffering break forth upon you and you be utterly cut off and perish in your sins and you be for ever deprived of the presence of the Lord and have your portion amongst Murderers and Unbelievers which will assuredly be your portion except you repent And truly this I can say that my soul hath been grieved and my spirit full of heaviness for you and with tears have I besought the Lord never to lay this sin to your charge having learned to bless them that curse and pray for them that despitefully use us But truly your sin is very great for you have not only made your selves Murderers if the Lord prevent it not of twenty two Persons to the ruining of our Wives and Children but also have made your selves a President unto others in the like case you being the first and most hardly that ever durst bring in such a Verdict amongst us in our Generation And now I desire to expostulate a little with you to know what was the very ground and cause of your so dealing seeing there was no Evidence to prove any thing against us And first you the Promoters Was this your end to have the Righteous cut off from the Earth that so you might live in Swearing Drunkenness Whoredom and all manner of Prophaness and Debauchery without once being reproved Or was it for fear of Finement or hope of Favour or did you expect some Reward or did you believe that your bringing us in guilty would as it did extend to the depriving of us both of Liberty Life and Estate and did you hope to be sharers thereof or to advantage your selves by destroying of us Which of these was the reason deal plainly with your own hearts and consciences and think not to hide any thing from the all-seeing eye of the Lord nor from such as walk in his Light and abide in his Counsel And now to you the Consenters who for a season withstood your fellows I have a few words to write That although your end was not so bad nor your envy so great as the others yet your reward will be the same and you must drink of the same Cup except you speedily repent and it is well if a place of repentance be found for you for you have not only betrayed the Lives of honest men but also have betrayed your own Consciences and done despight against the Spirit of Grace that strove in you and through cowardise and slavish fear consented to condemn the Innocent for the Scribes and Pharisees could not compass the death of Christ until Judas betrayed him no more could those blood-thirsty-men have compassed ours but by your consent Oh that you would consider and lay these things to heart and remember the saying of the Servant of the Lord What is required of thee O man but to do justly shew mercy and walk humbly with thy God but you have dealt unjustly you have shewed no mercy and now for you to repent and walk humbly with your God would indeed be the rejoycing of my soul who desires that the Lord may shew mercy unto you all though you have not done justly towards me nor the rest of my Brethren Written at White-Lion-Prison by one who knoweth well and also is well known unto many of you by name Nathaniel Robinson A Collection of some of the Particulars of the Proceedings of the Court at Quarter Sessions holden at Margarets Hill in Southwark upon the 11th day of the 9th Month 1662. as followeth THe Court being sate there was brought before them thirteen of the People of God called Quakers who being brought to the Bar an Indictment was read which was grounded upon an Act of Parliament of the thirty fifth year of Queen Elizabeth for the punishment of wicked and seditious Sectaries The Indictment being read the Prisoners were asked Guilty or not guilty Several of the Prisoners seeing their wicked intent had not freedom to answer to that limited form of words viz. guilty or not guilty we said it was all one whether we plead or not seeing they had determined what to do as we had experience in the former Tryal yet we spake to the same effect denying the substance of the Indictment and declaring it to be a pack of lyes and forgeries Then several of us being suffered no further to plead were committed back to Prison and but five only remaining whose Plea the Court accepted whose Plea could hardly be received for when they asked us Guilty or not guilty some of us answered That we did believe that they knew in their own consciences that we were not guilty of that Indictment and that it was lies and forgeries and that we were not guilty of that Charge They said it was a sign our Cause was not good we were so loth to put our selves upon a Tryal We answered we did not question the honesty of our Cause but we did question the honesty of those that were to try our Cause and that we knew that such men who feared God and trembled at his Word could not judge us Evil-doers in this matter Reply was made Were not those men that feared God meaning the Jury We replyed to John Lenthal that if he could say in Truth and Righteousness that he was a man that feared God and trembled at his Word we would refer our Cause to him but if he was not such a one he was not fit to sit there as Judge over
and thereupon were soon sent back to Prison again The rest of us being twenty two in number knowing our selves to be most falsly charged were free to joyn issue and plead not guilty Then the Jury-men were called who were men fit for their purpose yet were we hardly allowed the liberty of common Malefactors as also the liberty that the Court allowed to the six Baptised persons at Kingston as was re-minded to Richard Onzlow which is to except against many persons without shewing any cause but we passed five before we excepted against any and when we excepted against one Richard Onzlow seemed to be offended and said we must shew a lawful cause or else we should not except against him it was answered Where we saw envy and prejudice or a light vain deportment in any man it was a cause sufficient but he did not like of such a reason Then another was excepted against which he would allow of without shewing a reason to which it was answered that that man was heard to say that he hoped ere long that the Quakers should be arraigned at the Bar and be banished to some Land where there was nothing but Bears at which the Court made a great laughter and the man was put by So we made little more exception seeing what manner of persons we were to chuse out of Then they were sworn and two Witnesses were called who could but testifie at most that such persons whose names were specified in writing they took in such a place met together but that no words were spoken After this we spake to particulars contained in the Indictment on this wise First the Jury was bid to take heed how they did sport or dally with holy things and that those things which concerned their and our Consciences could not be denied but to be holy things and as a man was not to sport with the health of his Neighbour so not to sport with the Liberty of or Banishment of his Neighbour And whereas we were accused for wicked dangerous and seditious Sectaries that was not true for we were not wicked because we lived soberly righteously and godly in the world and that it was so we appeal to themselves neither were we seditious for that was to be tumultuous but we were peaceable And whereas we were charged for not coming to bear the Common-Prayer without any lawful cause for one month after the 29th of June last we made it appear that there was none to hear if we would have come for the Service-Book was not quite printed for several weeks after the said 29th of June yea they made haste to have it finished by that which is called Bartholmew-tide which was the time enjoyned by the late Act of Parliament for the Priests to reade it Also that it was the rigor of the Law or summum Jus which was confessed by themselves to be summa Injuria or the greatest wrong for the Act to be in force against as before the publishment thereof as Rich. Onzlow said it was and would have it to be whereby the Reader may take notice how like unto the blind and cruel Aegyptians this Court of Justice so called did act who required their full tale of Brick of the Israelites and yet would not allow them Straw They would have us also to prove that we had come to hear Common-Prayer they having no Witness to prove the contrary if it had been read Whereto it was replyed That it was according to the Law of the Land in all Criminal Causes for positive Evidence to be brought against the Prisoner accused which Rich. Onzlow could not positively deny wherefore he told the Jury afterwards that he thought we must prove we did come because the coming to Common-Prayer did excuse the meeting But let the Reader know that the Judge of a Court is to declare the Law by a positive Assertion and according to knowledge and not his own thoughts It was also insisted on the word Heretique that it was such a one who after Conviction of his Error wilfully took it up and maintained it against the Truth and therefore the Apostle said such a one was condemned in himself Rich. Onzlow 〈◊〉 off that with the word Sectary the word Heretique not being in the Indictment although in effect it is both as one for that word which in the Acts is rendred Sect is ' Airesis or Hiresie Then it was answered that a Sectary is taken for one that divided or separated in contempt which he did not deny but we did not separate in contempt of any man And indeed Reader if thou art not wilfully blind thou canst not but conclude that whatsoever is done in Conscience to God is not done in obstinacy or contempt Thou mayest also here take notice of the great partiality of these men who in what might make against us would keep exactly to the form of words in the Indictment but would not keep to the form of words therein although essential to the thing in hand in what made for the justification of our Cause as plainly appears by this for whereas we were charged for an unlawful Assembly Conventicle and Meeting under colour and pretence of the exercise of Religion we insisted on the word pretence as that it came from a word which signified to cover over So that a pretence is a false cover and so to cover Danger and Sedition under meeting together which was false for we came from a good intent and not from a pretence as our Consciences bare us witness namely to wait upon the Lord as being in his fear where-ever we are according to those sayings Be thou in the fear of the Lord all the day long And wait upon thy God continually And that a good intent was good in it self Now although a man might do evil that good might come of it which he ought not to do yet Whoever did really good that evil might come thereof For ex vero nil nisi vera sequuntur Of Truth nothing but true things do follow Also that the word intent was not mentioned in the Indictment And as for pretence they could not prove any thing either by word or deed whereby they might gather any pretence for there was an exercise of Religion mentioned in the Indictment Now we truly pleaded that an exercise as to man did imply some visible action either of the tongue hand or knee for the Mind was as invisible Being and therefore the exercise therereof was not discerned by man but at the time of our assembling there was no action either of Prayer Exhortation Doctrine Prophesie Thanksgiving or the like therefore there was no exercise One thing also is not to be forgotten that when it was queried How could the going a stones cast or two from ones dwelling only to a place be a breach of the King's Peace Rich. Onzlow answered impertinently thereunto unto this purpose saying Yes for if a man did go over or thorow another's Ground he committed
a trespass although he did nothing else But the Reader may observe that this was a going in the High-way and not out of the Common-path to our own proper place and ground neither was it a fit similitude because we were charged in the Indictment with Wickedness Danger and Sedition under colour and pretence of an exercise of Religion as aforesaid and so in truth it was a wresting of Judgment Also it was minded to the Jury that the doors were open which according to their own Law is said to excuse from a Conventicle which is taken for a meeting to a bad intent and wherewith we were charged This was the substance of what was pleaded to the Particulars charged against us in the Indictment from the first to the last till the Jury brought in their ultimate Verdict so called which appeared to be so sufficient for a just defence unto impartial Judges and a judicious and consciencious Jury that the standers-by generally thought we should have been brought in not guilty The Jury going out of the Court they continued a certain time then coming again the Bayliff said they had a Verdict They being asked if they were agreed said Yes They asked whether Arthur Fisher and the rest of the Prisoners at the Bar were guilty or not guilty They said They were guilty in part and not guilty in part Then Richard Onzlow said they must either be guilty of the whole Indictment or else not guilty They answered they could not find us guilty of the whole but only guilty of meeting which meeting they said they could not find to be upon pretence of Worship because there were no words spoken Neither could they find as guilty for not coming to hear Common-Prayer because it was not to be heard before their Imprisonment but this Verdict would not be accepted of although Richard Onzlow had told them that if they could not find us guilty of all then not guilty and they said they could not find us guilty but in part So that according to his own words we ought to have been cleared but Judgment was turned backward and Equity could not enter but they would force the Jury to bring in another Verdict Then one of the Justices that committed us was sworn as to what our Confession was when we were committed who said we confessed we met in the fear of the Lord and this was the best Evidence that he could give then the Jury was sent out again where they stayed long insomuch that the Court adjourned until the third hour about which time they sate again and asked if the Jury were agreed the Bayliff said No but said he Master Pound is here now whereupon Richard Onzlow casting his eye up toward the window the Jury being in an upper room said his Evidence was nothing now The Reader may take notice that this Pound was the Constable that accompanied the Souldiers to fetch us out of the Meeting Then in a little space after the Jury came again and being asked as before they answered to the same effect which Verdict would no more satisfie the Court than the former Then Pound was called and sworn whose Evidence Richard Onzlow had said to be nothing now neither did we judge it legal to swear Witnesses for either party after the Jury had gone out twice before but we knowing our Cause to be just and our selves innocent we mattered not what any could say or swear against us and his Evidence as to what he saw agreed with the others but they asked him if he heard us say we met to worship God or upon pretence of Religious Exercise he said he heard us say nothing but we did not deny that we met to worship God So they took it for granted But it was told them that a not denying was not a confessing of any thing and we spake to the Jury to mind the fear of the Lord it was also told them He that justified the Wicked and he that condemned the Righteous both those were abomination to the Lord insomuch that Richard Onzlow told one of us he should be bound to his Good-behaviour And thus all people may take notice of the unjust dealings of the Rulers of this Nation for when it seemed very probable that we should have been cleared because the Evidence could prove nothing against us Richard Onzlow said Well my Masters if ye be not found guilty now ye will be found guilty shortly whereby he manifested the intent of his heart for his words did imply that if the Jury did clear us we should be ensnared by some other means for he knew not that all we should ever be brought to any more such Tryals Then the Jury going out again returned quickly Then it was asked as before whether Arthur Fisher and the rest of the Prisoners were guilty as they stood indicted or not guilty they said Guilty How are they guilty said he Guilty of meeting said the Foreman But said Richard Onzlow are they guilty according to the form of the Indictment he answered Yes Then they cryed Look to them Jaylor Then they began to hale us away without passing any Sentence upon us Then we desired to hear our Sentence which Richard Onzlow pronounced as followeth That we should return to Prison again and there lye three months without Bail and if in case we did not make Submission according as the Law directs either at or before the end of the aforesaid three months that then we should absure this Realm but in case we refused to make Abjuration or after Abjuration made should forbear to depart this Realm within the time limited or should return again without Licence we should be proceeded against as Felons An ADVERTISEMENT One of the Jury hath since said that George Snelgrove the Bayliff of the Hundred told the Jury they must fine for the King or else they would be fined themselves for the King was not to be cast in any Suit and of this seven of them said they would take their Oaths There was also an honest man who was at the hearing of our Tryal that since affirmed in the Prison that he heard one of the Jury-men say as they were going up the stairs to consult Here is a deal of do indeed to condemn a company of innocent men After the Jury had delivered their final Verdict before Sentence given a holy Courage arose in the Prisoners and as one of them who stood by the Table was haling away they bad he should be brought again to whom Richard Onzlow said Notwithstanding this there was a way to escape the penalty which was by Submission Then the Prisoner asked him what their Submission was He said to come to Common-Prayer and resrain these Meetings Unto whom when the said Prisoner had given his Reasons in the fear power and wisdom of God of denial of both and being desirous to hear the penalty he said we must abjure the Land To whom when the Prisoner answered to abjure is