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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60663	A true, short, impartial relation, containing the substance of the proceedings at the assize held the 12th and 13th day of the moneth called August, 1664, at the town of Hertford (Orlando Bridgman being judge) chiefly with and against nine prisoners called Quakers : as it was then noted and observed first in short-writing, and now made publick, partly to prevent various reports, and partly to inform people of the illegal proceedings of the said court against the prisoners aforesaid, eight of which were sentenced to be transported beyond the seas, there to remain for seven years / W.S.	Smith, William, d. 1673.; G. W.	1664 (1664)	Wing S4341; ESTC R8663	9,398	12

A True Short Impartial RELATION Containing the Substance of the PROCEEDINGS At the Assize held the 12 th and 13 th day of the Moneth called August 1664. at the Town of Hertford Orlando Bridgman being Judge Chiefly with and against Nine Prisoners called Quakers as it was then Noted and Observed first in short-writing And now made publick Partly to prevent various Reports And partly to Inform People of the Illegal Proceedings of the said Court against the Prisoners aforesaid Eight of which were Sentenced to be Transported beyond the Seas there to Remain for Seven Years W. S. And Judgment is turned away backward and Justice standeth afar off for Truth is fallen in the street and Equity cannot enter Isa 59. 14 15. And see Chap. 10. 1 2. And Micah 7. 4. Printed in the Year 1664. Hertford August 12 13. ON the 12th day those Nine Prisoners and many others who are called Quakers were called over The others had the Oath of Allegiance read to them and because they would not kiss the Bible and swear were Returned to Prison again where some of them have been Prisoners some years Then an Indictment being framed against those Nine Prisoners for being at an unlawful Meeting under colour and pretence of Religion the Witnesses were examined who agreed in their Evidence That they were took at such times at such places met together above the number of five and that they heard them say nor speak no words nor saw them do any thing it their Meeting but sit still The Indictment was delivered to the Grand Jury who did not agree in their Verdict that day but on the thirteenth day in the morning early they came into the Court and brought in their Verdict Ignoramus Judge Bridgeman standing up seemed to be angry with them and spake to them after this manner My Masters what do you mean to do will you make a nose of wax of the Law and suffer the Law to be bafled those that think to deceive the Law the Law will deceive them One of the Jury-men said to him when he asked them how it could be they did not find the Bill that it concerned them to beware and be well satisfied in what they did for they were upon mens lives for what they knew No said the Judge I desire not their lives but their Reformation then one of the Justices reflected upon and upbraided the Jury-man as not being purged from his old dregs so the Judge giving them some Directions drawn as he said from the meaning and intent of the Law how to find the Bill his Instructions and Directions to this Grand Jury was like his Instructions to the Petty Jury which follows at large therefore may be omitted here Then he caused them to go forth again who returned soon and found the Bill At which the Court seemed to be well pleased Then were four of those Nine Prisoners called to the Bar and their Indictment read and the Prisoners being asked whether they were Guilty or not Guilty they answered Not Guilty but Innocent and that they had transgressed no just Law J. B. spake and said but you have Transgressed this Law having the late Act in his hand and you have been twice Convicted already upon Record and if you are found Guilty by the Jury this time I must pass the Sentence of Transportation upon you Now therefore you shall see that we do not desire to strain the Law to the highest severity neither do I believe that was the aim of the Law-makers to be severe but for Conformity If you will promise that you will not go or be at any more such Meetings I will shew you this favour as to acquit you for what is past this favour you may receive before the Jury is Charged with you but afterwards I cannot do it And know also if the Jury for want of punctual Evidence should not find you guilty yet if you are taken again you will be in the same case you now are in what say you Will you promise to meet no more Pris We can promise no such thing J. B. Call a Jury So a Jury was called sworn and charged to bring in their Verdict according to Evidence And then the Indictment was read the second time the substance of which was for being at an Unlawful Meeting at such a time and place the first second and third time The Witnesses were called and sworn whose Testimony agreed in this only That they took the Prisoners at the Bar at such times at such places met together above the number of Five but that they saw any thing they did or heard any thing they said or spake at the Meetings they did not nor could not witness Then J. B. spake to the Jury after this manner My Masters the Jury You hear what Evidence the Witnesses give how they took them at such times at such places which are places they use to meet in And that they were above the number of Five besides the persons of the Family where they met And that they are twice Convicted upon Record already And this is the third Offence which incurs the Sentence of Transportation if you finde them Guilty Now I have this to say to you first reading that clause in the Act which saith That if any after the first day of July shall be present at any Conventicles Assembly or Meeting c. My Masters you are not to expect a plain punctual Evidence against them for any thing they said or did at their Meeting for they may speak to one another though not with or by Auriculer sound but by a Cast of the Eye or a Motion of the Head or Foot or Gesture of the Body for dumb men may speak to one another so as they may understand each other by signs And they themselves say that the Worship of God is inward in the Spirit and that they can discern Spirits and know one another in Spirit So that if you find or believe in your hearts that they were in the Meeting under colour of Religion in their way though they saie still onely and looked upon each other seeing they cannot say what they did there It was an Unlawful Meeting and their use and practice not according to the Lyturgie of the Church of England for it allows and commands when people meet together in the Church That Divine Service shall be read c. And you must find the Bill for you must have Respect to the meaning and intent of the Law which the King and Parliament have in wisdom and policy made not only against Conventicles but the words Assembly and Meeting was added for we have had late experience of the danger of such Meetings under colour of Religion And it is an easie matter at such Meetings to conspire and consult mischief Therefore the Wisdom and Policy of the King and Parliament lest they should be undermined have made this Law

Righteous and Just we must answer for that Have you any more to say Pris Nothing but that we are Innocent I. B. Hear your Sentence You shall be Transported beyond the Seas to the Island of Iamaico being one of his Majesties Plantations Forreign there to remain seven years I. B. Now I have this one thing to acquaint you with That if you and either of you will pay down here into the Court an hundred pounds before the Court riseth you and every of you shall be discharged and clearly acquitted for what is past And I will shew you this favour as not to discharge the Court at this present but shall adjourn it till two in the afternoon It being then within one quarter of an hour of two The Cryer made Proclamation the Court was adjourned and met again about three and the Judge sent to the Prisoners condemned to know if they would pay down the hundreds of pounds but answering Nay the Court was soon discharged The Names of the Prisoners under their Sentence are Francis Pryor Nicholas Lucas Henry Feast Henry Marshall Jeremiah Herne Thomas Wood Iohn Blindale Samuel Traherne Now let all People weigh and consider the manner and intent of these proceedings and to what purpose Law and Justice is pretended in their proceedings against these Innocent Persons who have been carried as Lambs dumb before the Shearers having Innocency on their sides and nothing contrary thereunto proved against them who when their plea of Innocency might not be received have committed their Cause to the Lord and so far acquiesced in their Spirits as not to say much for themselves seeing the Judges intent against them both by his evading the Reason of the Law and proceeding in his own will contrary to the very words and form of the Law pretended against them concerning the colour or pretence of Religious Exercise c. which plainly implies some evil intended as Sedition Plotting or Contriving Insurrections according to the very plain words of the Preamble of the Act which could not at all be proved against them as also by his endeavouring to instigate and prejudice the Jury against the Prisoners by going about to prepossess them with his own suppositions or imaginations of Gestures which there was no proof of which had either Christianity Law or Justice or his Oath enjoyning thereto or Reason or Equity or if so much as Humanity had but any place in his heart there would not have been such proceedings against an innocent and harmless People for waiting together in silence upon the Lord God in his Spiritual Worship as it is well known for no other end we meet And there hath been long experience of us in that Case and had you of the Jury that brought them in Guilty had any regard to your Oaths or to the help of God or your own Salvation or the good of the Country you would not have been so byassed and prejudiced meerly upon a mans own suppositions against such your Innocent Neigbours and Country-men for which assuredly God will call both you and him to Judgment for your proceedings who have shewed your selves so silly as to please men more than God and to gratifie mans perverse will and the Covert Design of the Court more than to regard the Countries good And what do Jurors signifie if a Judge must be both Judge Accuser and Jury in effect also And now let all Sober and Moderate people consider such proceedings and the end of them and where ever there was such a President especially among professed Christians as that Innocent People or Persons should be sentenced for Transportation or Banishment for innocently sitting together in silence waiting upon the Lord when no evil or injury against any mans person nor any unlawful Act could in the least be evidenced against them so as they are Sufferers for Worshipping of God without any colour or pretence for any evil design whatsoever In which Case we must only appeal to the LORD GOD of Heaven and Earth by whom mens actions are weighed for Justice and Right which we cannot have from man G. VV. POSTSCRIPT In the second Page the Judge saith the Prisoners had transgressed the late Act. At the third Page he affirmeth the Meetting at which the Prisoners were taken to be that which they call their Worship And at the fourth Page he saith the Law meaning the said Act is not a Law against Conscience nor toucheth Conscience at all by which it may be seen how this Judge is acquainted either with Worship or Conscience for in what is Conscience concerned if not about Worship yea though mistaken else Bp. Gauden said not true in saying Conscientia errans obligat But no marvel if this Judge mistake in Divinity while he misseth the Law in an approved Maxim A verbo legis in criminibus paenis non est recedendum i. e. In criminal Cases the letter of the Law is to be kept unto as in Dr. Bonams Case speaking of the Law saith It shall be taken strictly because against the Liberty of the Subject But this Judge enforceth an intent and meaning of the Law upon the Jury not keeping to the Letter which in a case of this nature as Transporting men out of their Native Country only for sitting still without any overt Act by them either of word or deed let the Wise judge for it hath been said that Penal Laws can admit of no construction or inferences for Penalties are to perswade the keeping of known Laws not Laws conjectural ambiguous and by consequence for Judges and Justices are Ministers not Makers of Laws THE END * Not of any evil done nor yet according to the plain words or letter of the Law the fact which it reacheth being never yet proved against them as might be made appear if either reason or truth might be heard in the case † How then does he say this Law is not against Conscience if other Laws be which enjoyn coming to the Church as he saith afterwards * Mark But when the Evidence would not serve his turn he would prepossess them with his own suppositions against the Prisoners as after appears † What Law of any Nation punisheth any man if he speak no evil nor do no evil * And what evil have they ever done or their Meetings produced it is neither place nor number that in reason can make a Meeting unlawful where no evil is done or intended † Note though they were sworn and charged to bring in their Verdict according to Evidence yet the Judge bids them not expect any plain Evidence against the Prisoners for any matter of fact they did but strongly possesseth the Iury with suppositions imaginations of what they might do though they did it not * In that they speak the truth as the Scripture witnesseth that God is a Spirit and is worshipped in the Spirit the Christians did and do know one another in spirit and discern Spirits Is this now become so high a crime to profess to deserve the sentence of Transportation even for worshipping God indeed and in truth and for denying all hypocrisie colours and pretence whatsoever a They that meet to reade and speak and hear divine words And do and practise the Devil's works their worship is indeed under colour and pretence and does not the Lyturgy allow of the Worship of God in the Spirit b A cruel Imposition g How many thousands have the Priests and Lawyers destroyed by their meanings h No experience of any evil contrived by those called Quakers therefore unjustly urged upon the Jury against them i If that Law is not against practices performed in a conscientious duty to God then is it highly perverted by the Executors of it l Why are these Laws then prosecuted against many innocent mens consciences m How doth this Law leave mens Consciences free when it 's their Consciences to meet apart from those places called Churches where Drunkards Swearers c. meet and how are his former words contradicted herein n How can they then bring in any Verdict upon an Indictment which hath relation both to Law and Fact o Note that this their Plea of Innocency might not be accepted of though nothing contrary thereto could be proved against them according to the Reason of the Law here pleaded by the Prisoners though altogether perverted and waved by their Persecutors p Could he expect any other but that the Jury would find the Bill when before he put them upon it q Mark that And where then does God command him so severely to sentence innocent persons for meeting peaceably together Nay hath he not plainly judged for man and against God in this matter whenas the persons he sentenced did meet in the Worship of God to wait upon him and if he judged for God why did he not shew some Law of God for what he did r Could this be either Justice or Reasonable thus to go about to prepossess the Jury against an innocent man beyond their Evidence and with such an unfit instance or could this be a fit parallel in a matter of Conscience or Worship wherein they were concerned let all that be but rational judge s Now Judge Bridgman thou hast discovered thy Spirit and what was in the bottom and all sober people may take notice of thy proceedings