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A64513 The Third part of The cry of the innocent for justice briefly relating the proceedings of the Court of Sessions at Old Baley, the 11, 12, and 13 dayes of the sixth moneth towards the people of God called Quakers, and particularly concerning the tryal and sentence of Edward Burroughs with about thrity persons more : also relating the proceedings of the Court ... towards about fifty of the said people ... : with divers other things of concernment about the people aforesaid. 1662 (1662) Wing T914; ESTC R25160 45,353 114

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said persons was to their own advantage and to justifie themselves in their illegal dealing and what they spoke to the prisoners disadvantage was to their own profit which proves sufficiently that they were not Competent witnesses against the prisoner nor in Justice and Equity could their witnesse be received against him being the party themselves against him and fully concerned in the case either to get the Prisoner condemned by their Testimony against him that themselves might be justified in the wrong they had done him or else to be left liable to the justice of the Law for their violating of it and it must needs be against the very reason of the Common Law of the Land upon which this Tryal was That parties in unlawful acts of violence against a Person should be permitted to be witnesses in the Prosecution and Tryal against the same Person this was the very case of E. Burroughs wherefore his ground was good to move in arrest of Judgement and backed with the reason and equity of the Common Law for it is also said in the Book called the Mirror of Justice a piece approved by the Lawyers of England fol. 251. It is an abuse or unlawful to suffer a man that is a companion to be a witnesse This truly considered the witnesses against him were incompetent and insufficient also besides the malice and enmity of the men against the person of the prisoner which out of envy or mixed therewith at least t is possible they might give such their evidence and the Law allows not such mens evidence in Judgement and that these persons were such men as sought the ill fare of the prisoner nothing lesse doth appear in their transactions from first to last of this businesse and the Judgement given upon such mens Testimony the case throughly considered could not be just Judgement therefore of right he ought to have had arrest of Judgement EXCEP III. Concerning the proceedings of Court in time of Tryal 3. INasmuch as the proceedings in Court against him were disorderly and not duly in the moderate method of Law prosecution in this particular of his being debarred and not permitted to speak to the utmost what he had to say in his own defence of his Cause which right was manifestly denied him by the command of the Court and action of the Goalers who did violently hale him from the Bar and would not hear him nor suffer him to speak his mind to the utmost nor to read the Kings Proclamation of the 17. of the 11th Month 1660. which was pertinent to defend his cause in divers particulars and he ought to have been heard to the utmost before the passing of Judgement according to 28 Edw. 3. chap. 3. in these words No man is to be imprisoned disherited or put to death without being heard what he can say for himself which was not granted to the Prisoner for he was haled away before he had spoken to the particular parts of the Indictment which he profered to do and that he would alleage both Law and Reason against it but was not suffered wherefore he had Cause enough grounded upon Law and Reason both upon Common and Statute Law to move in arrest of Judgement for in common Equity obvious to every mans view no man can in Justice be sentenced without a full hearing which was this Prisoners case nor can the Judgment be just upon any person who is not heard to the utmost in his own Defence and therefore an arrest of judgment should have been allowed him EXCEP IIII. Concerning the Law it self against which it was said the offence was committed and by which he was tryed and sentenced 4 INasmuch as the offence was only for being at a Meeting and a Meeting onely in the worship of God and nothing said or acted at that Meeting but what was good and just and all this both meeting together and such practise in the Meeting according to the Law of God and the Holy Scriptures and example of Saints in former ages therefore Judgement ought not to have passed against him but might lawfully be Arrested and that more especially because t is a general assent by all Christian men and used as a maxime among Lawyers that no Law of God can be dispensed withall and it is said in the Common Law as appears by Doctor and Studient Cha. 2. Speaking of the Law written in the heart of every man Teaching him what is to be done and what is to be fled and because it is written in the heart therefore it may not be put away nor is it changable by diversity of place or time and therefore against this Law Prescription Statute nor Custome may prevail and if any be brought in against it they be not prescriptions statutes nor customes but things void and against Justice and all Lawes of men ought to be grounded thereupon and Cha. 4. every mans Law must be consonant to the Law of God and therefore the Laws of Princes the Commandements of Prelates the Statutes of Commonalities are not righteous nor obligatory but as they are consonant to the Law of God Also by Statute Law the same is apparent 28. Hen. 8. 7. Where it is expresly said that no man of what Estate Degree or Condition soever he be hath power to dispence with Gods Laws as all the Clergie of this Realm and the most part of the Vniversities of Christendome and we also do affirm and think These things truly considered it may appear Judgement ought not to have passed against the Prisoner in as much as the pretended Law it self according to which this Tryal and Judgement was given is contrary to the Law of God and Condemning such Principle and Practise which are Justified by the Law of God Holy Scriptures and Example of Saints in former Ages as may at large be proved by the Scriptures of Truth in the Acts of the Apostles and elsewhere and the keeping the Law of God and the practises of Christianity according thereunto by any person cannot justly be Condemned by any Law of man and this was the very case of E. B. he was Apprehended Tryed and Sentenced for meeting together with Gods People onely to wait upon and to Worship him which is according to both the Law of God in the Letter and to that written in the Heart and against such practise So according to the Law of God Prescription Statute nor Custome ought not to have prevailed even the Laws of Princes and Commandments of Prelates in such a case are void and against Justice for no man whatsoever can dispence with the Laws of God as hath been shewed wherefore the Prisoner was excusable and justifiable from all Laws of men whatsoever and ought not to have been Condemned into any Penalty or Imprisonment by that Law which is contrary to the Law of God not for his Worships sake nor for Meeting together to wait upon him in his fear Thus it is plain he had just Ground of Exceptions
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 Rule●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