carried away to Newgate where there are in all under the sentence of Transportation or Banishment 99. whereof two dead since their sentence At Hickes-Hall the four were dealt with after the like manner A few words to be considered by Iury-men that they might regard their Oaths their Law and Evidence though they lay aside Christianity and Religion WHy do you swear well and truly to Try c. and true deliverance make c. and to bring in your Verdict according to Evidence if you do not intend really so to do And if you did intend and truly desire and endeavour so to do how then comes it to pass that you so readily take the Judges Impositions and prejudiced Opinions for a sufficient evidential warrant to clear your Consciences in the sight of God and men Do you not know that those Indictments against those harmless people contains and expresses several crimes which are the matter of fact and should be proved to you by sufficient witnesses And are not you sole and absolute Judges of Matter of Fact Are you bound in Conscience or Law to believe or hear any Bitter Cain-like spirited Judge or Lawyer to tell you what matter of Fact is Ought you not to consult the Law it self which declares what the Fact is or may be of which you are to judge even according as the evidence in truth doth appear to you and no otherwise else how do you observe your Oaths Surely you know or ought to know that all penal Laws plainly expresses the manner and matter of Fact and also the manner and measure of the penalty or punishment and doth any Consciencious Judicious Jury need to value or regard the Judges and Lawyers meanings contrary or beyond the expressed mind of the Law it self by which and the evidence you are bound by your Oath to judge and deliver up your Verdict in all Cases how can you answer when you are called to account before God or men for bringing in Verdicts against innecent People contrary to evidence and the Law for did ever any witnesses give evidence otherwise then thus viz. that they were met together and that peaceably to worship God in spirit and truth is not this the largest evidence that ever you had which no Law in being is expresly against what if a Judge tell you that this is matter of fact and say you must finde them guilty when no Law of God nor man saith no will you destroy the liberty if not the lives of your Neighbours and Countrey-men to please men of corrupt minds who judge not for God but turn the sword against the Innocent unto which those that depart from iniquity become a prey and can these things be done except you violate your own consciences and unman your selves and smother your own reason understanding and judgment and so become Cyphers and Cloaks to cover the designes of evil men who thirst after the blood as well as the liberty and estates of the people that truly fear the Lord and is not this done by your hands by and with whom they make a shew of a fair Tryal when nothing less is intended for may not you perceive though these harmless people plead Reason Law Religion or Conscience all is to no effect or purpose as to overturn the design and determination of the Judges so longas you receive their Impositions and are afraid of their threats if the Prisoners plead and the Law also saith that it is the end of any meeting which makes it unlawful yet if the Judge tell you that it is only meeting that is unlawful are you not ready to disregard the Prisoners plea lay aside the Law your own Reason and Judgment dispence with your oaths and presently become Vassals to the Judges Opinion and so joyn hand in hand against the Innocent Consider this while you have time and load not your consciences with or by adding Sin unto Sin for a day of account will come and as the hills and the Mountains cannot save nor cover you from the wrath of the Lamb so shall not you save them but you both shall receive a reward by the hand of the Lord according to your doings Reader Thou may'st observe all along this brief Relation what slender proof is made to serve the turn for a pretence colour covering under which these Judges carry on their design against harmless people that they might with a shew of Justice bring their determinations to pass viz. to Judge and Condemn the Innocent and that for no other cause than for meeting together according to the command of the Lord and in obedience to his Requiring And this is some of their first fruits they have and do still offer up to God for his Restoring and keeping them in power with the sword in their hands which they turn against him and his precious truth and innocent people who are freely given up to bear their cruel unnatural and unmanlike dealings But though they are endeavouring to over-run them by the Might of their power and would trample upon a company of Innocent men and women of mine in the streets yet shall they never attain their ends nor finish their intended work against the Innocent and Oppressed servants of the Lord no more than Pharaoh and other persecutors and oppressors did who onely wrought their own destruction and shall manifest themselves more and more to be more brutish than those they call heathen in saying that it is a crime to worship God and in persecuting harmless people for no other Cause and in due time it will appear what God these Judges serve and worship seeing there is but God and the Devil one of which all men obey and by the fruits which are brought forth it becomes manifest which of them these people do obey and worship And may it not be said of them as Christ once said to the Scribes Pharisees and Lawyers viz. yee are of your Father the Devil and his works yee will do for are not his works manifest by these mens actions against the Lords Innocent people in persecuting them onely and alone for serving honouring obeying and worshipping the Lord God of heaven and earth And doth it not appear that they are hard and seared in their hearts and Consciences who dare affirm publickly in the face of their Country that it is Crime enough to meet to worship God in the Spirit and in the truth and that the Law is against it Did ever the Jews the Gentiles the Barbarians Turks or Infidels or people of any Nation that acknowledgeth and confesseth that there is a God affirm the like Shall not Sodom and Gomorrah Tyre and Sidon rise up in Judgment against this perverse crooked untoward blasphemous Generation who say in their hearts there is no God for though they sometimes confess him in words yet in works they deny him who shall stand in the gap who shall intercede for this Generation for the cry and the loud voice of
receive him such a day into your Custody Turner Yes and please your Lordship I did Will Rider gave evidence also that he saw him in the Meeting Judge It is enough what say you now Prisoner There is no evil charged against me Judge Set him aside John Noble was set to the Bar c. The Witnesses not appearing the Judge called for the Mittimus Justice Pitfield and his Clark were sworn who made the Mittimus who gave evidence that he was at the Meeting c. Judge You see it here appeares that you were there Prisoner The Lord God of Heaven and Earth will plead my cause Judge Set him aside Nathaniel Harding was set to the Bar c. Tempest the Cunstable gave evidence that he saw him at the Meeting at Mile-end and no more and William Turner gave evidence that he received him into his Custody c. Prisoner I wonder much how any of us can be brought in guilty seeing none doth evidence any evil against us Judge Set him aside Then was Vincent Gerrard set to the Bar c. And being silent the Judge said It s more to be lamented that old men should be such unjust Judges to sentence men for to be Transported for doing well it is pitty young men having good Trades and might live well should bring themselves into these troubles Judge What sayes the Witnesses was the Prisoner at the Bar in the Meeting Clark I will look in the Mittimus if his name be therein to be sure he was there Clark His Name is there Judge Set him aside Then was Edward Mallitrat brought to the Bar c. Judge What have you to say Prisoner Where are my Accusers J. H. Call Justice Marches Clark What say you Tho. Porter My Lord I did not mind him there Judge Sir William Rider what say you My Lord I do not know his face there was so many there Tempest What say you my Lord I brought him to New Gate Will. Turner What say you my Lord I receiv'd him Judge Twisden Now you must clear your self whether you was at the Meeting or not Prisoner What shall I say I may compare you to the Scribes and and Pharisees for they said they had a Law and by that Law they Crucified the Lord of Life Judge Twisden No matter for that have you any thing else to say Prisoner It is to little purpose to say any thing to you So he was set by Then Francis Tarcy was called to the Bar Indictment read c. The Witnesses being Justice Pitfield's Clark and William Turner Turnkey at Newgate who gave evidence that he was at the Meeting and the Clark said he was the first in the Mittimus the Judge said that was sufficient Judge What say you Prisoner I did not meet in any seditious Conventicle neither am I a malefactor or evil doer and I am otherwise perswaded of the Meetings for they are peaceable and are the Meeting-places where the people of God are wont to assemble Judge Set him by Then Martin Croshe was set to the Bar c. The Witnesses gave evidence in this wise That he was at the Meeting and being brought before William Rider at Mile-end who demanded what he came thither for He replyed to wait upon God in his fear Judge Have you any thing to say for your self Prisoner I did meet often at that place in the fear of the Lord which the Lord God commands and allowes men to do now if your Law by which you proceed against me be contrary to this Law of God then I must desire your Councel which of these two you would advise me to obey for you being Judges ought to be my Councellors and to deal impartially and not to flout at me as some of you have done by your disdainful language in biding me medle with my Sizzers I knowing that both my liberty and life may lie at stake I desire to be heard for I have not transgressed any just Law I am not guilty of being at any unlawful meeting wherefore I desire your Councel what I should do in this weighty matter the Law of God commanding and allowing me to wait on and serve him in his fear and your Law prohibiting it in this case pray what must I do or which shall I obey Judge Hide You must go to the Church and leave these factions Prisoner Do you call the Law of God a Faction Judge Take him away Prisoner I am not guilty of those unlawfull things which your Law is made against and falcely charged against me in the Indictment being sure that I am innocent and cleare from any such thing Judge Your impudence shall not serve your turn Judge Twisden Was you at the Meeting to worship God Prisoner I have been at many Meetings to wait upon the Lord in his feare as the Law of God commands and no Law ought to be made against it Judge We do not Try you for any unlawfull thing you did at the Meeting but we have proved that you was at the Meeting ☜ and the Law supposeth that meeting to be unlawful Prisoner Without any unlawful thing done or said Judge Keeleing We care not what you did there we have proved that you did meet Prisoner I understand that God is a spirit and I meet to worship the eternal God in spirit as he perswades my heart and conscience and must I be condemned to banishment for that Judge Keeleing Yes yes for the Law is against it ☜ Judge Twisden He hath confessed that he was there to worship God and their worship is contrary to the Liturgy of the Church of England Judge Have you the Common Prayer Book read amongst you Prisoner I desire to know what Law I have broken Judge Hide This Law meaning the late Act for suppressing seditious Conventicles Prisoner What in meeting to worship God according to my perswation Judge Keeleing Ay. ☜ Prisoner Remember you are executing a Law which is contrary to the Law of God Judge Twisden Go medle with your Sizzers he being a Barber Judge Hide Take him away Prisoner Jury-men I hope you will take notice that I am not proved guilty of these evil things the Law is against and that I am falsly accused of The Jury went forth and soon returned and brought in their Verdict that eleven of the 12. were guilty but they had some doubt about the young man viz. Vincent Gerrard which the Judge pittied it may be to please the Judge so that they did not agree to find him guilty but when they understood the Judges mind more plainly by his biding them go forth again they never went forth to consult any further but presently agreed among themselves that he was guilty also which publickly shewed forth their own weakness and that they were but as a cypher and for a cloak c. Then they soon even that very morning proceeded to sentence and sentenced all the aforesaid 12. persons for to be Transported to
the Island of Jamaica there to remain seven years Thus it may be seen how the Just are oppressed for Righteousness sake and how those that the Lord hath chosen are condemned by the unjust This one thing also may manifest the enmity and injustice of the aforesaid Judges A friend standing by but not in the face of the Court least he should give an occasion was by one of their envious Officers haled out into the yard telling he was a Solicitor and came to instruct the Prisoners The Judges perceiving that he was called a Quaker called for him to be brought into the Court the which their Mercenaries quickly did and set him to the Bar but pull'd off his Hat before as he stood at the Bar Judge H. asked where his Hat was some answered that it was taken from him then he said give it him into his hand again the friend perceiving his enmity and snare when it was proffered him would not receive it but said that it was taken away violently from him in the Court and he should not then receive it Then said J. H. put it upon his head which was done accordingly Now said he I command you to take it off I desire said the friend to know by what Law thee commands me so to do Being silent a while at last said that they were Ministers of Justice and represented the Kings Person and he should Reverence Authority He said he did not keep his Hat on in contempt of the King or any mans person or Authority but for conscience sake not dareing to be subject to the wills of men pressing still to know what Law there was to command him to put off his Hat any more then any other of his garments withal telling them that Honour Reverence and Respect did not consist in puting off the Hat or any other part of his Garments and that they might as well command him to put off any other of his Cloathes but I. H. having neither Law nor reason to urge in the Case said it was a custome c. and in fine because he did not obey his wilful command of the Court though they made the occasion and created the pretended offence they told he should be fined five pound to be levied upon his Goods and be committed to Prison till he found Sureties for his good behaviour which accordingly was done and he immediately carried away to Newgate Now let the honest righteous principle of God in all judge whether this be righteous dealing that a man should be fined and imprisoned and not for the breach of any known Law nor for any ill behaviour and whether pride and bitterness envy and cruelty partiality and respect of persons doth not abound in and among such Judges and Courts of Judicatory but the Lord doth and will judge the cause of his people over again and he will be avenged on his enemies and his judgement doth and will take hold upon all oppressors and persecutors of his harmless people And this is also remarkable Thomas Dawson one of the Jaylors of Newgate who was the first person in London that swore before a Jury against friends in the execution of this late Act who gave false evidence at their Tryal in the Old Baily London the 15th of October 1664. after which time he was took notice of that he never thrived in his body but complained much of distempers within and could eat little but wasted to the time of his death and he died the 30th of Decemb. or the 10th Month. Now all men that swear against people that fear God rashly inconsiderately and mercenarily may expect assuredly that the just hand of the Lord will overtake them and his righteous judgments find them out in this world or in that to come the wicked shall not go unpunished Here followeth the proceedings of the same Judges sitting in Justice-Hall in the Old Baily London the 14th of the 10th Month with the Prisoners hereafter named briefly related Viz. Anne Prest William Newman John Clouse Rebeccah Trump Anne Royley Iames Carter William Parker Elizabeth Pike Elizabeth Harding Thomas Cox Mabell Wheeler Isabel Hacker Benjamin Greenwell Iohn Chaplin Manasseth Howard Lawrence Fullove Edmond Overd Iames Pearne Thomas Vesse Lawrence Aplin The above named Prisoners were brought from Newgate to the Sessions-house on the day aforesaid and the bills of Indictment which for matter and forme were all one with those before recited were found by the Grand Jury upon the bare evidence of meeting together above five c. The Prisoners being set to the Bar and their Indictments read they were asked Guilty or not Guilty to which they most answered that they were not guilty of any evil nor of being at any unlawful assembly c. onely Ben. Greenwell when he was asked guilty or not guilty said he had two or three questions to ask before he should be willing to plead Judge We shall answer to no questions till you have pleaded Prisoner I am not willing to answer by way of plea unless you will resolve me in these things I knowing that it is matter of weight and concernment to me in this case to be resolved before I plead I am ignorant of the Law and you that are Judges are bound to resolve the Prisoners at the Bar as to matter of Law and I demand it of you as my right my first question is this viz. What method doth the Law prescribe as to the choice of Juries Secondly whether I may not make my exceptions against them Thirdly how many I may except against Judges You must plead to your Indictment and you may make your exception Prisoner It 's a matter concernes me to be resolved in before I plead and it is reason I should be satisfied what I may before I cast my self upon the Jury for the last Sessions you threatned the Jury especially such of them as acted conscienciously and that could not find our friends guilty and how can we expect right to be done to us when men that bears an honest mind are over-awed and dare not act it may be according to their consciences and for such as make no conscience of what they do we expect no right from them Judge Will you plead Pris Yes if you will promise before the people to allow me my exceptions Judge We will make you no promises Pris I am not satisfied concerning the Jury and the choice of them Judge This we will resolve you in the Sheriffs returned them Judge If he will not plead take him away Pris I am not willing to plead unless you will promise to allow my exceptions So they took him away and put him into a hole amongst the Felons and Lawrence Fullove who did not plead in their way was put into the hole with him for when the usual question was asked him guilty or not guilty he said to the Judge I shall leave it to that of God in thy conscience to judge The Judge was silent a while
he did the said Justices then after some consultation with the said Justices the Judge pronouced Sentence against him with the rest that he should be Transported beyond the Seas to any of the Kings Forreign Plantations without asking the Prisoner any thing or taking notice in what Capacity he was only he asked the Keeper if he had the Correction of the house who answered he had been in the Stocks five times and so was returned to Prison having received the sentence as a Vagabond their proceedings being signified to the Councel at the desire of two men one called Tho. Coltloth the other Richard Sherrwood men having dealings to Virginia the said Prisoner was granted unto them with the three Malefactors to be sent to Virginia there to be sold Slaves for seven years Now whoever thou art that reads this Narration and the foregoing Relations of the several tryals of the people of God called Quakers comprehended in this Treatise and if thou weighest things in the just ballance of Truth which God hath placed in thee thou wilt see how oppression is added to oppression injury to injury misery to misery and all to set up lust instead of Law and how the Law is strained and stretched to accomplish their envious devices For the Statute made and provided in that case against Rogues Vagabonds and sturdy Beggers doth shew and nominate who are such before punishment is proceeded unto as in 39. Eliz. cap. 4. sheweth First That all persons calling themselves Schollars going about begging all Sea-faring men pretending losses of their Ships or Goods on the Sea going about the Country begging all idle persons going about in any Country either begging or using any subtle craft or unlawful Games and Playes or feigning themselves to have knowledge in Physiognomy Palmestry or other like crafty Science or pretending they can tell Destinies Fortunes or such other like fantastical imaginations all persons that be or utter themselves to be Procters Procurers Patent gatherers or Collectors for Goales Prisons or Hospitals all Fercers Bearwards Common Players of Interludes and Minstrils wandring abroad all Juglats Tinckers Pedlars and petry Chapmen wandring abroad all wandring persons and common Labourers being able in body using loytering and refusing to work for such reasonable wages as is tared or commonly given in such parts all persons delivered out of Goales that beg for their Fees or do travel begging all persons as shall wander abroad beging pretending losses by fire and all such persons not being Felons wandring and pretending themselves to be Egyptians or counterfeit Egyptians shall be taken adjudged and deemed Rogues Vagabonds and sturdy Beggers and shall sustain such pain and punishments as by this Act is in that behalf appointed Now unto you Judges and Justices who have passed and given your consents unto the sentencing of this innocent man for Banishment and pretend the Law for it I ask which of all or any of the capacities of persons adjudged to be Rogues Vagabonds and sturdy Beggers by this Statute did you find this Innocent person which of your doores was he taken begging at or any others or what practice else did you find him in which this Statute doth adjudge what must he be exposed to the uttermost severity mentioned in the same that is banished before you had proceeded to the sentencing for Banishment of this Innocent person under the name of Vagabond Rogue or sturdy Beggar he should first have been proved so to be or it should have been made appear unto you that he had been found in the quality or qualities above mentioned and if you had proved him to be such a one or he had appeared so to be yet that is not sufficient for you who so often repeates your being upon your Oathes and that you must do Justice according to proceed to Banishment for they must appear to be dangerous to the inferiour sort of people where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of life by the former Provisions of this Act If he had been found such a one as you have sentenced him to be nevertheless he was to have been referred to the former Provisions of this Act and so then to have proceeded according but right or wrong whoever they be that fear God and make conscience of their wayes before him if they come but within the verge of your fury their fare is all alike if one snare will not do another ginn shall and so the Innocent are deprived of their Birth-rights outward which is the equity of Laws made and provided to secure every free-born Englishman in his Right and Propriety and the equal and impartial ministration and distribution of them and they are oppressed in their Consciences inward by that persecuting Spirit which seeks to dis-throne God there and exalt it self but be it known unto you we neither can nor shall bow unto that Spirit the way you take to work us to Consormity is a contrary way it is not swords staves halberds nor your Goals and your cruel Exercises imposed there and inflicted on our bodies will do it I tell you we are gentle to lead but otherwise to be driven is unnatural to Englishmen and such as fear the living God and no man this day in England can charge us with evil justly as we are a people and God even God eternal beareth record unto our Consciences of the same you have waded very far in this work considering your day well would it be for you if you laid it to heart and them also who whets you on to this work of whom it may be said as of old Come let us smite with the Tongue and smite you with the Fist and so the Oppression and Persecution of Gods People is divided between you and they are ground betwixt you even you Lawyers and Priests as between two Mill-stones but in due time the Lord will arise and plead our Cause and give Judgement to our enemies yea righteous Judgment and all the Persecutors of his Innocent People shall know it Although we are made in this day even the Spunge of the Nation to drink in the implacable fury of your Malice yet know the very dregs of your Cup is reserved of the Lord for your selves and in due time you shall drink the same and when you are under Judgment then it will be given you to remember them whom you have most injuriously and unrighteously oppressed I say Mind and give good heed unto what is said for your day hastens THE END