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A60650 A second relation from Hertford containing the unjust proceedings of some called justice there at the general quarter sessions, upon the tryal of one and twenty innocent persons called Quakers for a pretended breach of the late act, with an account of the most material passages between the prisoners and the court, the 3d, 4th, and 5th dayes of the 8th moneth, 1664 : whereby it appears that meeting to worship God in spirit and truth is the great crime for which they are under so grievous a sentence, and that whatever is pretended by those that love the title of justice, yet in very deed they hate justice it self, as by their proceedings appears / by W.S. Smith, William, d. 1673. 1664 (1664) Wing S4326; ESTC R32690 16,865 24

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any person had any thing to inform against the Prisoners at the Bar they should come into the Court and they should be heard Then the Clerk being about to swear the Jury and John Taylor Foreman thereof aforesaid R●chard Thomas one of the Prisoners at the Bar called to the Cour● saying He claimed his priviledge by Law viz. To challenge such of the Jury as he thought meet before they were sworn saying R. T. I except against the foreman called Captain Taylor and desire he might not be sworn H. C. What is the reason you except against him you must shew some cause why you challenge him or else it shall not be allowed you R. T. I think I need not give any reason why conceiving it my priviledge to challenge more then one without shewing any cause but however I have something against him He is a Military man and hath been active in that party against which I have been charged to be ingaged in opposition and that therefore I may expect to have no justice from him and also that he was one of that Jury that had already brought in four of my innocent Friends guilty with some other reason but he being a person chosen on purpose for that work it would not be admitted he should be put by A. C. You must shew greater reasons yet for your challenge or else it will not be admitted Tho. Fansh. This person hath been a very loyal Subject to his Majesty and done him very good se●vice and therefore it should not be suffered that so worthy a person should be so much dishonoured as to be laid by unless greater cause could be shewed as that he was a perjured person or one convicted c. So that unless you have any weightier exceptions the Court will over-rule you R. T. The Court may over-rule me in this thing as they have already over-ruled me in a greater matter as not to let me have my right as a Member of this Corporation but by Law I am sure you cannot do it Interrupted The said Tho. Fansh. You were committed to the County Goale and by-Law we are to try you Swear the Jury Then the Jury was sworn and the Witnesses called and sworn viz. Edward Laurence Edward Tufnail Robert Stoddar Robert Tyte John Lavender who gave in evidence to this effect That the Prisoners at the Bar were taken at such a time and place met together above the number of five but they said they heard them speak no words nor do any thing but sit still and to this they all agreed H. Chancy Was there forms in this house belonging to N. Lucas where they were met Edw. Laurence Yes there were forms H. Chancy Is it their usual Meeting-Place Witnesses Yes H. Chancy You hear what the Witnesses say speaking to the Prisoners were you not at N. Lucas his house R. Crook I have met at this house often and have been there in the fear of God and in obedience to him in which I stand before you and in which I am preserved here and although I might be aware of what ye were minded to do if my life and liberty lay at stake I could not but in obedience to God meet there But if any can say that I was there under colour and pretence of Religion or to meet with Malefactors to disturb the Peace or do any evil let them appear and bear witnesses of it and let matter of Fact be proved against us The Witnesses prove nothing against us but that we were met together which is not the Crime exprest in that Law on which our Indictment is grounded Did we do any evil there Tho. Vic Fan. That is not the thing what you did there the thing is meeting R. Thomas I think not for the Act hath relation to the end of Meeting Prisoners If our Meetings are not seditious they are not contrary to the Act H. Chancy I must tell you all such Meetings are seditious Prisoners Our Meetings are not seditious neither have they been so proved H. Chancy Have you any thing else to say Pris. We are innocent Henry Chancy You were found met together above five in number Pris. Many meet together upon many occasions above such a number that is not the breach of the Law to meet onely except some evil be done or contrived at the Meeting H. Chancy What did you do at the Meeting Pris. Wait upon the Lord to be refreshed by him and for no evil design neither can evil be proved against us Tho. Vic. Fansh. Do you think that the Law makers could expect that any should be able to prove what you did at your Meetings except you should have a false Brother amongst you which I believe you have not * For I must needs say that you are true to one another but this is the notorious evidence of the Fact that ye were met together above five at that house R. T. I think that is not the notorious evidence of the Fact meerly to be met together unless something were acted or done which the scope of the Law provides against and therefore the preamble of the Act which was a key or inlet into the intent and meaning of the Law makers saith * For providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious Sectaries and other disloyal persons who under pretence of tender Co●sciences do at their Meettngs contrive Insurrections as late experience hath shewed And now if any thing of this can be laid to our charge let our Accusers appear and further let Witnesses prove that we at our Meeting were practising something contrary to the Liturgy of the Church of England or else we cannot be found guilty according to the Act. And I think thy self meaning Tho. Vicount Fanshaw aforesaid shouldst understand the intent of the Act in regard thou wert one of the principal promoters of it in the House of Commons Tho. Vic. Fansh. That 's more then you know R. T. It 's credibly so reported Tho. Vic. Fansh. Come to the point you have met there at other times for Religious Exercise and therefore for that end you met there then R. T. That doth not follow you sometimes meet at the Bell in Hertford to proportion Assessments do you alwayes therefore meet there for that end Tho. Vic. Fansh. When we meet at Church which you call the Steeple-House we alwayes meet to worship God R. T. Not alwayes so for sometimes there are Visitations kept there c. But however I am upon my tryal and the matter of Fact done there should be proved by Witnesses against me and not supposed and imagined Then interrupted H. Chancy Set him by R. T. Jury-men the Indictment should be grounded upon the late Act and the matter of fact should be proved against us or else you ought to acquit us for you are Judges of Law and Fact Interrupted again and Henry Chancy said They are of Fact but not of Law R. T.