process of the Law of the Land c. Hereupon Alderman Brown stood up and said He would justifie 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 c. And Alderman Adams 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 replyed That though Alderman Brown was a Justice of the Peace yet in the capacitie of Major General of the City Regiments he sent his Officers and Souldiers to take Friends at their Meetings and not in the place as he was a Civil Magistrate for then he might and should have sent his Constables or such Persons by Warrant under his hand and not rude Souldiers in such a war like posture and therefore his being apprehended by these persons that had witnessed against him in the capacity of Souldiers 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 c. 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 replyed 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 justifie 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 cryed take him away we will not hear him and he would delude all the People and he should not over-rule the Court c. And hereupon he was taken by force from the Bar and then he cryed out he should appeal to the Mayor of London for fair dealing in his Tryal 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 justifie the truth of what he spoke and t is 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 shew 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 replyed 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 shew 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 lyeth 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 c. This is the point determinable for said he I confess in my judgement I own this Practise of Meeting together for the Worship of God and I my self have been at hundreds of such Meetings To which Richard Brown quickly replyed So shall you never be at any more but said the Prisoner I never was in all my dayes at any such Meeting as is mentioned in the Indictment and for which I am now upon my Tryal 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 Tryal specified in my Indictment and this I shall leave with the Jury said the Prisoner To which the Judge replyed 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
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 falsly 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 replyed 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 ought 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 Countrey man he was To which was replyed 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 businesse 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 replyed he onely 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 Countrey 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 shew 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 Souldiers 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 c. 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 processe 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 Kings 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 mens persons as he would shew 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 Kings 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 Justifie 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 justifie 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 businesse 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 seem'd to be much offended at what the Prisoner had spoken To which E. Burroughs again replyed 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 Kings 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 denyed him Liberty to read the Proclamation saying that was nothing to the purpose and the Judge said He should not over-rule the Court and do not ye see said he how he flourishes and he would delude all the people take him away Goaler 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 witnesse against him in as much as they had so unjustly and illegally taken him c. without any warrant from any Justice of the peace or due
Meetings and it might be supposed that their intent was by that Law to abate the force of all other Laws which might any wayes 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 tolleration 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 over-rule 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 cryed Take him away Goaler 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 onely 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 onely 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 Publick way of Idolatrous Worship set up at which words the Court took great notice and was much offended and Alderman Brown cryed to the Goalers Take him away and lay him up for he shall be tryed for his life for those words they are seditious words and he shall be tryed for his life for them and the Court cryed Take him away which accordingly was done and he sent into the Goal again This is the substance of what is remembred concerning them onely they pleaded much there was but one Witnesse against them and they ought not to be Condemned by one Witnesse and thus much shall suffice for 't is 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 testifie 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 witnesse 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 Witnesse said he had their Names in a Paper and he would look upon that for he might not know all their Faces and these mens 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 c. Upon which one of the Prisoners an antient man Robert Craven by name looked upon the Witnesse and asked him in these words Didst thou see me there at that Meeting and the Witnesse 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 Witnesse 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 Witnesse 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 mans Evidence should be taken against honest men And another of the Prisoners moved the Court to take notice of the falsenesse 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 Witnesse to make void his Evidence from that mans 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 then it must needs be the seven and twentieth day for the Law said he supposes the Fact to be done
against Judgment and evident Reasons from both Common Law and Statute Law why Judgment 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 processe 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 Tryal who suffered not the Prisoner to speak in full in his own defence 4. From the Law it self by which he was Tryed 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 practise of being Assembled together onely in and for the Worship of the Living God according to the very perswasions 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 disadvantagious 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 onely if it be really an offence and that because of ignorance or error in Judgment and Conscience which is onely punishable by the Judgements of God as pertaining to his Conscience for such offence against him and not to be punished by Temporal Ruleâ—s with Temporal punishments because t is a spiritual transgression and the Spiritual Law of God hath jurisdicton over the offender in such a Case and not Temporal Courts This is proveable by the Laws of this Land as it was ordained in the dayes 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 past in our Nation as Judged by the Rulers in antient dayes reasonable and just thus to do and here fell out a like case a Person taken and accused and brought to Tryal 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 onely to the spirituality in hearing and determination Yet was this persons Case though of Spiritual Cognizance and Jurisdiction and not properly pertaining to Temporality by the very antient Laws of the Land brought to Tryal 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 Judgment 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 Tryed and Judged in Courts Temporal and by men onely 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 Authorize 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 Tryal 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 shew 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 Olivers dayes and in years past and whether our Meetings were contrary to the Laws of the Nation then and he said no our Meetings were tollerated 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 Phaebe was a Prophetesse and Phillip 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 agoe she told him It was when the Church was in her Beauty and Glory but since darknesse hath covered the Earth and grosse darknesse hath vailed the Kings and Rulers so that it is become a strange thing to the Apostates to hear of a Daughter to prophesie 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 dayes c. 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 Witnesse whether there were but five in the Meeting The Witnesse said He did believe there were about two or three hundred but he could not bring them all but said he did prety 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 mad-man then 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 pluck'd 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 Souldiers 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 Lye 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 unlesse 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 then 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 Beesom of destruction into the pit of everlasting perdition One upon the Bench said She remembers us of the Old Cause And then the Judge bad the Goaler 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 Goaler bad him have her to Bridewel Whereupon she step'd back to the Bar and said Friends have you Ordered me to be sent to Bridewel They looking one upon another the Judge said No Then she said This Witnesse is an envious man for he bad the Goaler take me to Bridewel and for ought 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 lye till payment ABout this time There was divers of