viz. Imprisonment and Fines for one pretended Offence Let the following Ciâ—ation being a Copy of one of his Warrants for leavying the Fines be compared with his Warrant of Commitment before cited both which relates to the said Meeting heâ—d the 21st day of March so called 1679. City and County of Norwich FOrasmuch as Thomas Haward of the Parish of St Peters Promountergate in Norwich aforesaid Worstead Weaver doth stand lawfully Convicted before me Francis Bacon Esquire Justice of Peace for the City and County aforesaid for being present with divers other Persons at a Conventicle holden upon Sunday the One Twentieth day of March last past in the House of John Defrance in the Parish of St Gregory in Norwich aforesaid School-Masâ—er under colour or pretence of the Exercise of Religion in other manner than according to the Lyturgy and Practice of the Church of England and against the Statute made in the Two and Twentieth Year of our present King's Reign to prevent and suppress Seditious Conventâ—cles Fr. Bacon for which he the said Thomas Haward is fined by me the said Francis Bacon for his second Offence ten Shillings according to the said Statute And whereas George Whitehead of Hounditch in London Grocer and Thomas Burr of Ware in Hartfordshire Manlster do also stand severally Convicted before me the said Francis Bacon for taking upon themselves severally to teach in the said Conventicle whereby they have severally forfeited by the said Act for this their first Offence Twenty Pounds a piece Now for that I the said Fran is Bacon â—o in my Judgment think the said George Wâ—…tehead and Thoma Burr unable to pay their resâ—ective Forfâ—itures These are therefore to Authorize you and in the King's Maâ—…sties Name to require you forthwith to go to the dwelling House of the said Thomas Haward and demand the sum of ten Shillings for his said second Offence and ten Pounds being the Moyety of twenty Founds of the said George Whiteheads Forfeiture and charged upon him by reason of the said George Whiteheads Poverty And if the said Thomas Haward shall refuse to paâ— the saeme or deny upon your demand to open his Doors for the Execution of this Warrant then to break them open and enter into his House and leavy the said sum of ten Pounds and ten Shâ—…ings by distress and sale of the Goods and Chattels of the said Thomas Haward and the Moneys so leavied deliver and â—ay unto me the said Francis Bacon to be by me distributed according to the said Statute and for your so doing this shall be your Warrant and therefore in the diligent Execution hereof fasl not at your Peril Given under my Hand and Seal the first day of April Anno Dom. 1680. To the Constables of the Ward of North Coniesford in Norwich aforesaid and to either of them and to his and their Assistant and Assistants Exceptions against the late Recorder's requiring the Oath of Allegiance of George Whitehead and Thomas Burr Prisoners both when first committed and in Court and his late Commitment from Sessions 1 st AS to the late Recorder's pretended tender of the Oath of Allegiance to the said Prisoners before their first Commitment the Law did not give him Power thereunto they not being under those precedent Causes and Circumstances prescribed in the Statute in that case 7 Jac. c. 6. Dalt fol. 94 95 that is as standing Indicted or Convicted or complained of by the respective Officers of their Neâ—ghbourhood as therein mentioned nor was he any such Jâ—stice oâ— Peace near a joynâ—ng to the places of the said Prisoners dwellings as the Law also directethâ— but on the contrary the Pâ—isoners Nâ—ighbours both certain Officers and other Credible Persons have gâ—ven Certificates and Testimony on their behalf that they have never been accounted nor reputed Jesuits nor Papists nor Popishly affected 2 dly His first requiring the Oath of the said Prisoners being made void and reverst by the late Order of Sessions discharging the Prisoners of the matters contained in their Mittimus and Warrant is thereby made no tender being one of those matters contained in the said Warrant whereof the Prisoners are discharged 3 dly His putting the said Oath De Novo that is for a first tender in the Qâ—arter-Session to the said Prisoners appears Contra sormam Statuti agaâ—nst the form of the Statute and order of Law prescribed and limitted both in the 3 Jac. 4. even in Relation to Popish Recusants and 7 Jac. 6. more general whereby the first tender of the said Oath is not directed to be made in one Quarter-Sessions and the second in another but contrariwise the fiâ—st tender out of Sessions and a Commitment of the Persons refusing to Goal until the next Assize or general Quarter-Sessions where the said Oath shall be again required which again relates to the second tender in open Assize or Sessions after the first out of Sessions see 3 Jac. 4. to which agrees the Statute of the 7 Jac. 6. in relation to the first tender being made out of Sessions Dalt fol. 77. and fol. 209. and the second in Sessions in these Words viz Where the said Oath shall be again in the said open Sessions required c. Which again likewise follows the Commitment of the party for refusing on the first tender made out of Sessions as the Law directs 4 thly Also his ordering the said Prisoners to be committed from Sessions to the common Goal there to remain till next Quarter-Sessions for not accepting his De Novo tender in Sessions appears Illegal and contrary to the form of the Statutes before-mentioned and course of proceeding thereby prescribed and limitted See the Judgment of Council ‖ i.e. M. Smith in that case also concerning the third Warrant which is that from Sessions in these Words viz. I conceive the third Warrant is not good in the Commitment for as 't is true that Act says The Offender shall incur a Praemunire yet it doth not in the least give them any Power to commit the Person and therefore and for that it s without Bail or Mainprize and to a certain time and not leaving it to the Law I conceive it is against Law c. I believe the Law-makers intended only Romish Recusants 5 thly The Statute of the 3 Jac. 4. Entituled An Act for the discovering and repressing of Popish Recusants Upon which that of the 7 Jac. 6. is grounded as also the penalty of Praemunire mentioned in the 16 of R. 2. appears to be made and only intended against Popish Recusants and such Agents as were Enemies to the King his Crown and Regalty which the said Prisoners are not 1. From the Preamble concerning the Powder-Plot 2. From the Nature of the Oath and those Treasonable Practices and Principles thereby renounced and abjured 3. From the Statute of Praemunire in the 16 R. 2. †Entituled Praemunire for purchasing Bulls from Rome and the Penalty thereof being made against those Agents
first Ecxeption observe First That the Form of Mittimusses or Warrants of Commitment of Persons to the common Goal ought to be in his Majesties Name or in the Kings Name or on the behalf of our Lord the King c. Dalt Just pac fol. 348 349 350 351. As Dalton shews formal Presidents * His Presidents of Mittimusses only such Warrants as are for the Commitment of Rogues and Whores and idle Persons c. to the House of Correction are sometimes made in the Justice's own Name only See Daltons Presidents as to the form of Warrants of Commitment fol. 348 349 350 351. printed in the Year 1622. Reason for Exception 2d 29 Car. 2.1677 Secondly That in the Act for the better Observation of the Lords Day commonly called Sunday there is this provision made Claus ult Provided also that no Person or Persons upon the Lords Day shall serve or execute or cause to be served or executed any Writ Process Warrant Order Judgment or Decree except in cases of Treason Fellony or breach of the Peace but that the Service of such a Writ Process Warrant Order Judgment or Decree shall be void to all Intents and Purposes whatsoever And the Person or Persons so serving or executing the same shall be as liable to the Suit of the party grieved and to answer Damages to him for so doing thereof as if he or they had done the same without †Thus the Sheriff did by the Prisoners any Writ Process Warrant Order Judgment or Decree at all Observe The Case of the said Prisoners in relation to the Meeting aforesaid where they were apprehended was neither a case of Treason Fellony nor breach of the Peace they being peaceably assembled and in a peaceable habit and posture and for no Evil intent whatsoever Therefore the whole process against them on the said 21st day of March 1679. being the Lords Day both by Sheriff and Recorder were against the Law First In apprehending and Imprisoning them without Mittimus or Examination And Secondly In the Recorder's making a Warrant of Commitment and sending them to Goal on the same Day when neither Treason Fellony nor breach of the Peace were proved or justly chargeable against them Observe These foregoing Exceptions against the said Imprisonment and Warrant of Commitment were not read in Court nor the following Notes relating to matter of Fact though both had in readiness because the said Warrant of Commitment was not insisted on by the Recorder but let fall when his Warrant for detention was detected and made invallid in Court And here it may not be amiss to add some Notes out of Dalton and others concerning the Breach of the Peace and Assemblies what are unlawful and what lawful Peace in effect saith M. Fitz is the Amity Confidence and Quiet that is between men And he that breaketh this Amity breaketh the Peace Dalt fol. 7. Peace in the common acceptation Yet Peace in our Law most commonly is taken for an abstinence from Actual and Injurious force and offer of Violence so is rather a restraining of hands than an uniting of Minds And for the Maintenance of this Peace chiefly were the Justices of Peace first made Breach of the Peace what The breach of this Peace seemeth to be any injurious Force or Violence moved against the Person of another his Goods Lands or other Possessions whether it be by threatning Words or by furious Gesture or force of Body or any other force used in terrorem Populi Of Riots Routs unlawful Assemblies When three Persons or more shall come or assemble themselves together to the intent to do any unlawful Act with Force or Violence against the Person of another his Possessions or Goods Dalt fol. 200. Br. Riot 5. Crom. 68. P.R. 25. as to Kill Beat or otherwise to hurt or to Imprison a man to pull down a House Wall Pale Hedge or Ditch wrongfully to cut or take away Corn Grass Wood or other Goods wrongfully or to do any other unlawful Act with Force or Violence against the Peace or to the manifest terror of the People 1 Ma. 12. If they only meet to such a purpose or intent although they shall after depart of their own accord without doing any thing that this is an unlawful Assembly Now in Riots Routs or unlawful Assemblies these four Circumstances are to be considered 1. The Number of Persons assembled 2. The Intent or Purpose of their Meeting 3. The Lawfulness or Vnlawfulness of the Act. 4. The Manner or Circumstance of doing it See the Statute of 1 Ma. 12. 1 Eliz. 16. Assemblies Lawful Assemblies lawful Dalt fol. ibid. 201. But an Assembly of an Hundred Persons or more yea though they be in Armour yet if it be not in terrorem Populi and were assembled without any intent to break the Peace it is not prohibited by any of these Statutes nor unlawful Crom. 62. P.R. 25. For the intent it seemeth it can be no Riot c. except there be an intent precedent to do some unlawful Act and with violence and force Dalt fol. 202. Also where there be three or more gathered together either to execute the Justice of the Law or for the exercise of Valour and tryal of Activity or for the increase of Amity or Neighbourly Friendship and not being met with an intent to break or disturb the Peace or to offer Violence or Hurt to the Person of any Such Assemblies be not prohibited by these Statutes NOR VNLAWFVL Observe But the Meetings of the People called Quakers are for the increase of Amity and Neighbourly Friendship and not with any Intent to break or disturb the Peace or to offer Violence or Hurt to the Person of any Therefore the Assemblies of the said People called Quakers are not unlawful nor against the Peace Note That the foregoing Quotations out of M. Dalton were taken out of an old Impression from which the newer Impressions differ as to the Folioes and so may not be so readily found in the new ones though they be in them all Here follows a Copy of the Discharge of the aforesaid Prisoners Norwich AT the the General Sessions of the Peace holden for the City of Norwich and County of the same before Robert Freeman Esquire Mayor of the City of Norwich John Norriss Esquire Recorder of the said City John Mingey squire Steward of the said City and other his Majesties Justices of Peace of the said City the 12th of July in the two and thirtieth Year of the Reign of our Soveraign Lord King Charles the second c Annoque Dom. 1680. Proclamation being there Publickly made That if any Person would come into the Court and give any Information or Evidence or prefer any Bill of Indictment against George Whitehead and Thomas Burr Prisoners at the Barr and they should be heard And because no Person came into the Court to prefer any Indictment or to give in any Information
Due Order of Law and Justice PLEADED AGAINST Irregular Arbitrary PROCEEDINGS In the Case and late Imprisonment of George Whitehead and Thomas Burr in the City and County Goal of Norwich from the 21st day of the 1st Moneth called March 1679. to the 12th day of the 5th Moneth called July 1680. Being an Impartial Account of the most Material Passages and Letters to the Magistrates relating to the said Proceedings with the Prisoners abovesaid Wherein the People called Quakers are Vindicated and Cleared from POPERY Published for Information and Caution on the behalf of True Protestants and English-mens Birth-rights Jer. 5.26 For among my People are found Wicked men they lay wait as he that setteth Snares they set a Trap they catch men London Printed by Andrew Sowle and sold at his Shop in Devonshire New-buildings without Bishops-Gate 1680. TO THE READER Serious Reader ALthough the Publication of this noted Case of our Friends George Whitehead and Thomas Burr has been for some time delayed through other occasions of Truth 's concern intervening yet 't is not meet that such matters should be buried in Oblivion or be laid by in Obscurity wherefore at the desire of many Judicious and Well-meaning Persons with respect to the good of our Nation and English Birth-rights is this following Treatise exposed to publick view not in Revenge to the Persecutor of our Friends but for Instruction and Warning for time to come especially of men in Commission for the Peace The late Irregular and Unjust Proceedings against these our Friends concern'd and how well the Lord enabled them to acquit themselves both as English-men and Christians in defence of their Christian cause many have understood and their Christian and Gentle Behaviour towards the Magistrates their Language in the following account bespeaks wherein they do as well confess the civility of those Magistrates of Norwich as impartially detect the Irregularities and Injustice of their Persecutor I am not ignorant what the Judgment of able Counsel was in their case I being one that made Inquiry therein as to matter of Law and 't was concluded that it was False Imprisonment being Against Law and knowing our Friends Innocence and good Repute among their Neighbours c. as real Protestant Christians this following Account is the more freely recommended to thy most Serious and Imparial perusal and consideration E. Hookes A Short TABLE Directing to the Matters treated on in the following Case AN account of the Imprisonment page 1 2 3 4 5. The Prisoners Letter before the Quarter-Sessions for the City and County of Norwich p. 6 7 8. The substance of the Proceedings at Quarter-Sessions from p. 10 to p. 35. in which are contained certain debates about the reading the Mittimus The severity and unfair dealing of Francis Bacon Recorder from p. 10 to p. 19. The Mittimus and Warrant p. 19 21. Eight Exceptions against the second Warrant for the strict detention of the Prisoners p. 22 23 24 25 26. The Prisoners Protestation against Popery read in Court p. 28 29. About the Oath Praemunire Conscienee Law Controversie about their Discharge the Recorder's unfair proceeding p. 30 31 32 33 34 35. The Commitment from Sessions and Certificates on the Prisoners behalf p. 36 37. Certain Letters and Applications of Moment sent from the Prisoners to the Mayor Justices Aldermen New Recorder and Steward of Norwich p. 38 39 40 41 42 43 44 45. A Narration of the Prisoners Case directed to the Mayor and Justices p. 46 47 48 49 50 51 52 53. To the Recorder and Steward a Comprehensive State of the Case p. 54 55 56 57 58 59 60 61. A Copy of Francis Bacon's Warrant for leavying the Fines p. 62 63. Exceptions against his requiring the Oath of Allegiance and his Commitment from Sessions p 63 64. Of Praemunire the said Exceptions about the tender of the Oath de Novo further argued from p. 65 to p. 74. A more general Plea in the Prisoners case about the Reasons of the Oath and of the Penalty of Praemunire from p. 75 to p. 86. Exceptions which the Prisoners had in readiness in Court against the manner of their Imprisonment p. 86 87 88 89. Notes out of Dalton and others concerning the breach of the Peace and Assemblies what are unlawful and what lawful p. 89 90 91. A Copy of the Discharge of the aforesaid Prisoners p. 91 92. Assemblies of the People called Quakers vindicated from the charge of their being in Disturbance of the publick Peace p. 93 94 95 96 97. Norwich An account of the People called Quakers sent to Prison by Francis Bacon when he was Steward and also since he was Recorder p. 97 98 99. Norwich A brief account of what Goods have been taken from some of the People called Quakers in Norwich since the Year 1670. to the 30th day of the 1st Moneth 1680. by Warrants from Francis Bacon p. 99 100. A Copy of an Address from our Suffering Friends in Norwich in the Year 1679. directed to the Knights and Burgesses for the County of Norfolk and City of Norwich p. 101 102 103. A Brief Account of the late Proceedings in the City of NORWICH against George Whitehead and Thomas Burr by Francis Bacon Recorder about their late Imprisonment in the said City the 21st Day of the 1st Moneth called March 1679 80. WE the said George Whitehead and Thomas Burr providentially and unexpectedly meeting together about 10 or 12 Miles from the City of Norwich the 19th day of the 1st Moneth and Year abovesaid we were both determined from a Necessity upon our Spirits in true Friendship and Christian-Charity to visit our Friends at their publick Meeting in the said City on the first day of the Week next following which was the 21st day of the same Moneth 1680. which we could not well omit as with clearness in the sight of God or with inward Satisfaction to our Consciences although we understood beforehand what Evil Agents Persecuting Informers and Disturbers were apt to be busie against our Friends Meeting in that City we freely submitted to the Will of God and with our Eye to him resigned to divine Providence as to what might be suffered to come to pass for the holy Truth 's sake and service The account of that day's Transaction with us follows Upon the 21st day of the 1st Moneth 1680. being the first day of the Week the Meeting of the People called Quakers of the said City continued peaceable in the Forenoon and likewise in the Afternoon for about half of the usual Time of the Meeting in which time Thomas Burr had an opportunity peaceably to declare the Truth and after him George Whitehead for a little space in the enterim came in a rude Company chiefly Informers Tumultuously and Violently crowding into the Meeting to pull G.W. down He divers times required them to shew some Legal Authority They used several abusive words and endeavoured to insinuate to the People That he might be a Jesuit and
therefore to will and require you to receive and keep the said George Whitehead and Thomas Burr in the common Goal for the City and County aforesaid until they shall be from thence discharged by due order of Law And hereof fail not Given under my Hand and Seal the 21st day of March Anno Dom. 1679. To the Constables of the Ward of West-Wymor and to either of them to convey and to your Keeper of the Common Goal aforesaid to receive and keep the said George Whitehead and Thomas Burr according to this Warrant G.W. Does the Recorder own this to be a true Copy Yea or Nay R. I care not whether it be true or false there 's another Mittimus against you c. G.W. Let this Mittimus be considered first Doft thou own it to be a true Copy or no We have it attested R. It may be it is what then It may be true for ought I know c. or to that effect G.W. Then pray observe this Mittimus the Tenor of it what it contains 1 st As to the Cause of our Commitment 2 dly That is the Premisses which we are to answer to and to be tryed and delivered upon 3 dly And that according to Law or according to due course of Law c. 1 st Then the Charge concerns matter of Fact i.e. being at a Meeting And 2 dly What such a Meeting or how qualified i.e. A Meeting in Disturbance of the publick Peace c. These are the matters in Charge against us which the Court ought to take Judicial Cognizance of either to acquit us if Clear or to condemn us if Guilty of any such Meeting R. Read the other Mutimus you have a Copy doubtless G.W. We have a Copy of the second Warrant But this is not to be evaded this is the Mittimus this contains the Cause of our Commitment and the Charge that lies against us c. which the Court is bound only to take Cognizance of for we are thereby referred to the Quarter-Sessions R. Read the second Warrant that contains the Cause to wit my tendring you the Oath c. By taking whereof you ought to shew your Allegiance or Obedience to the King G.W. Either the Mittimus is a Legal Mittimus or 't is Illegal If Legal then let 's answer to the Premisses c. If the Oath be insisted upon to evade the Mittimus that will bespeak either want of other matter against us or else that the Mittimus or Commitment is Illegal R. Read the second Warrant c. G.W. We have Exceptions against the second Warrant If I read that the Exceptions ought also to be read Shall read them when I have read the Warrant Court Well you may read both G.W. Now the Court is engaged and concerned to make good the Liberty granted me to read our Exceptions when the Warrant is read The second Warrant read which follows City and County of Norwich WHereas George Whitehead and Thomas Burr were lately sent by my Warrant unto the common Goal for the City and County aforesaid Francis Bacon for being Seditiously assembled with some hundreds of other disloyal Persons against the publick Peace and in contempt of the Laws and Government of this Realm Now for that the said George Whitehead and Thomas Burr are suspitious Persons and Strangers to this City aforesaid and being unwilling to declare that Duty which they and every true and well affected Subject ought to bear by Bond of Allegiance to our Gracious King they did severally refuse to take and pronounce the Oath of Obedience to the King's Majesty duely tendred unto them and after they were severally required to do the same by me These are therefore in his Majesty's Name to will and command you to keep the said George VVhitehead and Thomas Burr in the common Goal for the said City and County without Bail or Mainprise until the next General Quarter-Sessions of the Peace to be holden for the City and County aforesaid and hereof fail not Given under my Hand and Seal the 23d day of March Anno Dom. 1679. To the Keeper of the Common Goal for the City and County of Norwich G.W. I hope the Recorder cannot deny the Copy to be true R. I will vindicate it by Law in any Court in England c. or to that effect G.W. Hear the Exceptions against this Second Warrant I 'le read them deliberately If the Court has any thing to object against any particular that may be read over again after the first reading Court Read them Go on c. The Exceptions against the second Warrant for detention of the Prisoners in the Common Goal without Bail or Mainprise bearing date the 23d day of March Anno Dom. 1679. Exception I. First The Prisoners being committed till Sessions there to answer to the Premisses contained in their Mittimus Therefore the Court ought to take Judicial Cognizance thereof that is of the Charge contained in the said Mittimus for their Tryal and Discharge thereupon by due order of Law and not to suffer the second Warrant to be insisted upon nor the Mittimus to be evaded Exception 2. Secondly Because that after the Command given to the Keeper to keep them in the Common Goal until the next General Quarter-Sessions c. The Lawful Conclusion is wanting viz. Until they shall be delivered by due Course of Law See Cook in the 2d part of his Institutes fol. 52. concerning a Commitment by Lawful Warrant ††Note that the Prisoners foreseeing that the Recorder would insist upon the second Warrant as the Mittimus did therefore prepare this second Exception The Warrant or Mittimus faith he containing a Lawful Cause ought to have a Lawful Conclusion viz. And him safely to keep until he be delivered by Law c. And not until the party committing doth give further Order And this doth evidently appear by the Writs of Habeus Corpus both in the Kings Bench and Common Pleas Exchequer and Chancery Again he saith Secondly The Mittimus ought to be as hath been said till he be delivered by Law Ibid. Cook 2 part Inst fol. 53. Again now as the Mittimus must contain the Cause so the Conclusion must be according to Law viz. The Prisoner safely to keep until he be delivered by due order of Law and not until he that made it shall give other Order or the like Ibid. fol. 591 592. Exception 3. The third Exception is deduced by way of inference from the second Thirdly Therefore the Justice had no Legal Power to give other Order or Warrant which interposeth between his Commitment of the Prisoners and their Delieverance by due course of Law which is mentioned in the Warrant of Commitment but not in this pretended Warrant for detention The Justice who committed the Prisoners had no legal Jurisdiction over them thus by himself to interpose to fasten them They were thrust out of his hands by their Commitment and thereby referred to the
Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England or in other mannor than is allowed thereby Answ We answer 1 st That the words Colour or Pretence have relation to the Preamble as Who under pretenve of tender Conscience have or may at their Meetings contrive Insurrections as late Experience hath shewn But such pretence or colour of Religious Exercise for any such Contrivance were Abominable Deceit and Hypocrifie and never chargeable upon us or our Assemblies We can challenge the whole VVorld to detect us herein 2 dly We are not conscious to our selves of any such matter of Fact committed in our Assemblies and on our part which the Liturgy or Practice of the Church of England allows not If we be herein charged let 's know what it is that we have done in our Assemblies which the Liturgy and Practice of the Church of England allows not of seeing the Liturgy allows of the holy Scriptures which we are sure allow of and enjoyn Christians Assembling together to wait upon and worship God in Spirit and Truth and of the manner thereof as to the places whether in Houses or abroad in Fields or Mountains which is our case both as to the matter and manner of our Assemblies Obj. If it be still objected That our Meetings are under colour and pretence of an Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England Answ We answer 1 st What that exercise of Religious worship is that is in other manner than according to the Liturgy should be explained unto us and that according to Law seeing this late Act against Conventicles does not explain What Manner ' t is But 2 dly we find in a Statute made in the first year of Queen Elizabeth Chap. 2. That that other Manner is thus explained viz. †What other Manner the Liturgy allows not That if any Person or Persons whatsoever shall by open Fact Deed or shall by open Threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedrial or Parish Church Chappel or in any other place to sing or say any common and open Prayer or to minister any Sacrament otherwise or in any other Manner and Form than is mentioned in the said BOOK c. This does not at all reach our case we are not found guilty hereof and therefore are not condemnable by the Law in this case this concerned the Clergy not us and we neither threaten compel cause or any wise procure or maintain any Parson Vicar or any else to sing or say any common or open Prayer or to minister any Sacrament in any Cathedrial or Parish-Church c. we are so far from that we compel No Body to any Form of Singing or Praying in God's Worship but perswade men to serve and worship God as he directs and for that end desire all may come to his divine Grace and good Spirit in their Hearts to guide them in his holy Worship both as to matter and manner of praying and praising his Name that they may serve and worship him not in the oldness of the Letter but in the newness of the Spirit for such he is even in our days seeking to worship him as must worship him in Spirit and in Truth and such both pray with the Spirit and sing with the Spirit and with Understanding according to the antient Apostolical Testimony and Practice of the Primitive Spiritual Christians Norwich An Account of the People called Quakers sent to Prison by Francis Bacon when he was Steward and also since he was Recorder and those Mayors of the City of Norwich who joyned with him since the late Act against Conventicles 22 Car. 2. came forth 1670. THe 10th of the Moneth called July 1670. Thomas Buddery John Rust Edward Monk William Waymor and Anthony Alexander were sent to Prison upon pretence of a Riot for telling People as they passed to the Mayors House there were the Informers when people were inquisitive to know which they were by a Warrant from the then Mayor and Francis Bacon Steward signifying no crime in the Warâ—…nt but till they could find Sureties for the Behaviour where they were in Prison till the Sessions and an Indictment brought against them for a Riot but the Grand Jury were found better Justices and would not find the Bill They were detained Prisoners about five weeks 1670. Samuel Duncon and Anthony Alexander in the year 1670. made their Appeal where in stead of having Justice done them the said Francis Bacon being Judge of the Sessions did absolutely surprize them by his Illegal Proceedings refusing to give them a Copy of the Records and made one Witness being also a party serve his turn and the Act says there must be Two for which they wrote to the Mayor Steward and Court of Aldermen telling them of their Injustice and for so doing they were committed to Prison by the said Mayor till they should find Sureties for their appearance at Sessions upon pretence of scandalous Expressions in their said Letter who was observed to Tremble when he signed the Mittimus and for it they were kept Prisoners about A YEAR 1676. Thomas Atkins was taken out of a Meeting the 17th of the 5th Moneth 1676. by Constables and Informers and being had before the Mayor and Fr. Bacon Steward and several Aldermen in their Council-Chamber some of them being very bitter and cruel saying he should pay his 20 l. and they tendered him the Oath of Allegiance and he refusing to Swear they sent him to Prison where he was detained about fourteen Weeks 1678. Thomas Murford had his doors broke open by a Constable having a Warrant from Francis Bacon Recorder for 20 l. Thomas being not at home who made his Appeal when he came home but the Recorder being Judge and having a Jury for his purpose carried the Case and from the Court committed Thomas to Prison where he was detained twenty Weeks 1678. Simon Gogny was sent to Prison the 16th of the 1st Moneth 1678. by Francis Bacon Recorder till he should find Sureties for his good Behaviour Because the said Simon spoke to him when he came himself to break our Meeting something on that occasion by way of Warning telling him of Empson and Dudly he was detained eight Weeks and odd dayes 1679. Thomas Buddery was sent to Prison by Francis Bacon Recorder the 30th day of the 1st Moneth 1679. till he should find Sureties for the Peace so expressed in his Mittimus Because he answered in defence of Truth in these words viz. The Service of God is Perfect Freedom he was detained in Prison six weeks odd dayes Norwich A brief Account of what Goods have been taken from some of the People called Quakers in Norwich since the Year 1670. to this 30th day of the 1st Moneth 1680. by Warrants from Francis Bacon
when Steward and Recorder and three of the Mayors of Norwich who assisted him upon the late Act against Conventicles   L. S. D. 1670. Five times in the same year The 15th of the 5th mon. 1676. TAken from Samuel Duncon at several times by Warrant from two Mayors and Francis Bacon both when he was Steward and since he was Recorder Goods to the value of 72 15 5 In the Years 1670 1675 1676 1678. Taken from Anthony Alexander by Warrants from the same Justices and also by the third Mayor Goods valued at 72 16 8 In the Years 1676 1678 1679. Taken from Thomas Murford by Warrants from Francis Bacon Recorder Goods to the value of 60 01 0 In the Years 1670 1679. Taken from William Waymor by Warrants from the then Mayor and F. Bacon Recorder Goods to the value of 10 09 0 In the Years 1675 Taken from John Fiddeman to the value of 00 08 6 1675 From John Sharping Junior 00 05 0 1675 From John de France 00 10 0 1676 From Robert Hutchinson 00 07 2 1670. From Thomas Buddery 01 00 0   Sum Total 218 12 09 Note That 't is not thought fit to expose the Names of the said Mayors of Norwich in this place hoping that they or some of them at least have seen better things by this time than for the future to have any hand in such Horrid Oppressions by Imprisonment Fines and Distresses upon their Poor Industrious Neighbours for their tender Consciences in their meeting to serve God as they are inwardly perswaded They cannot be ignorant how discouraging and destructive such Imprisoning Spoiling and Impoverishing their Neighbours is to the Trade of their City which in the Manufactures much depend upon the Wooll-Combers and Worsted-Weavers c. And when such poor Labouring men are thus spoiled and harrassed as to their Livelihoods how hard it is for their poor Families to subsist How can such Severities consist either with Christianity or Humanity Let the Principle of Justice in all Consciences judge And may thâ—se guilty of such Oppressions Repent before they dye Here follows a Copy of an Address from our suffering Friends in Norwich in the Year 1679. directed to the Knights and Burgesses for the County of Norfolk and City of Norwich The Suffering Case of some of the People called Quakers in the said City THe Goods of several have been taken away without being tryed by their Equals only by Witnesses in their absence which was given against them by such as were Parties and when some made an Appeal and desired a Copy of the Records which were Sworn in their absence before their Tryal they were denyed it and Francis Bacon who is Recorder of the said City and sate for Judge of the Sessions would not let the Evidence be viva voce but made the said Records which he would not grant a Copy of before the Tryal the only Evidence against some Appealants and put them upon disproving that and so surprized them and for complaining of the Injustice of it two were sent to Prison and they were kept Prisoners about twelve Moneths And another that made his Appeal F. Bacon sent to Prison who asking him Wherefore he was sent to Prison told him He should know afterwards and he was kept close Prisoner eighteen Weeks And John Crow an Attourny upon Warrant from F. Bacon aforesaid against Samuel Duncon of Norwich upon the account of a Meeting got into the said Samuel's House when he was from Home and shut up hiâ— Shop and he and others kept Possession of his House night and day to the terror of the said Samuel's Wife who was very big with Child and took away the said Samuel's Goods and when one would have taken account of the Goods the said John Crow wouâ—d not suffer it but they rather acted like Plunderers than Executors of Justice And the said F. Bacon hath slandered the People called Quakers as being Papists and Jesuits exciting the Jury at the Sessions in Norwich to bring in presentments against them upon which some have been Presented and Arrested upon a Sessions process for 20 l. per Moneth for not going to the Parish Church And the said F. Bacon hath very lately prosecuted the said People for their Meeting to worship God and hath sent two to Prison that he took at such a Meeting which were kept Prisoners near eight weeks in a stinking Hole one of which he sent to Prison without a Warrant and it s said threatned to seize upon their House and presseth the Constables to execute Warrants from him against some of the said People called Quakers to take away their Goods and tells them They must break open their Doors And upon the 19th of the 3d Moneth 1679. came two Constables to the House of William Waymor with a Warrant from F. Bacon to strain for 10 l. 5 s. who unbarr'd his Shop Door and an inward Door being lockt broke it in pieces and took Goods to the value of 10 l. and better and praised them at three Pound and say They must come for more upon the same Warrant which great Spoil as aforesaid being made upon us by Mercinary Witnesses in our Absence and given against us and we thus oppessed by such as are Parties This kind of proceedure we conceive with submission is not more excusable now than it was in the case of Empson and Dudly ††These two Oppressors Empson and Dudly were impeached before the Court of Parliament for their Arbitrary Proceedings and Horrid Oppressions which they committed upon Information for the King having many Informers to assist them without lawfull Presentment Tryal of lawful Peers or Verdict of 12 honest men They acted under pretence of a Law made in the 11th year of K. Henry 7. c. 3. which being contrary to Magna Charta cap. 29. was made void and repeated 1 Hen. 8. c. 6. by the Parliament holden then and the two Oppressors brought to their Tryal Condemnation and Execution See Câ—oks Inst 2 part fol. 51. and 4 part fol. 40 41. in King Henry the 7th's time who were impeached and condemned for their Oppressions and Arbitrary Proceedings though they pleaded the prosecution of an Act of Parliament and to be of as dangerous a tendency to Arbitrariness Thus some to gratifâ—… their Prejudice others their Covetousness under pretence of prosecuting the late Act against seditious Sectaries have very much oppressed the Subjects and what is charged upon the Prosecutors aforesaid can be proved if required Wherefore we intreat your tender Consideration of this our suffering Condition and endeavour for our Relief Signed by Samuel Duncon and fifteen more of the Citizens and Inhabitants of Norwich Norwich the 23d of the 3d Moneth 1679. ERRATA Ingenious Reader BE pleased to Correct these Faults which have escaped the Press through the Printers Inadvertency and not to impute them to the Authors Page 3. Line 24. for enterim read interim p. 7. l. 22. r. it cannot p. 8. l. 29. f. causes r. cause p. 9. l. 4. for 18 read 28. p. 14. l. 35. r. Mittimusses p. 15. l. 31. r. Justices p. 16. l. 31. f. Anglia'r Angliae p. 24 l. 17. f. Court is bound r. Court is not bound p. 29. l. 9 10. f. except r. accept p. 31. l. 8. f. Qualitatem delicti r. Quantitatem delicti p. 40. l. 21. r. referred p. 44. l. 15. f. there r. here p. 47. l. 35. f. this r. these p. 51. l. 1. f. pro r. per. p. 52 l. 24. f. pretect r. pretext l. 25. f. pro r. per. p. 54. l. 25. f. pro r. per. p. 58. l. 4. f. incuria r. in curia p. 65. l. 5. dele M in the Margent p. 71. l. 27. f. ocitur r. oritur p. â—2 l. â—1 f. edioâ—a r. odiosa p. 79. l. 27. r. the infected There are otheâ— Fault in Letters and Points which are to be amended or understood as the sense will shew in the reading THE END
Free-born English Men. This on the Interruption R. We have power here to tender you the Oath without taking notice of any other Cause G.W. 'T is Preposterous to run us upon the Oath in the first place we being not committed for that but for other Causes R. You affront the Court. Is that a fit Word to give the Court to charge the Court with Preposterous proceedings or to that effect G.W. I do not charge the Court I do distinguish between the Recorder in this point and the Court He seeks to run us upon that first which in course is last according to his own Mittimus and Warrant And is not that Preposterous Let our Mittimus be read and that will shew we were not committed upon the Oath G.W. We ought to have due process or proceeding in due course of Law therefore the Court should know how we were first Arrested and turned into Goal by the Sheriff without Examination Mittimus or Warrant and how afterward had out and committed and what the Mittimus is What are the Premisses contained in it that we are to answer unto The Law of England is tender of mens Liberties Properties Estates and Lives all which are concerned in our Imprisonment Lex Anglia ' is said to be Lex Misericordiae i.e. the Law of England is a Law of Mercy one Reason whereof is that the Innocent may not be worn or wasted through long Imprisonment but be brought forth speedily to his Tryal according to Magna Charta c. R. Look what an Argument or Consequence you would draw from hence The Law of England is a Law of Mercy 't is Lex Misericordiae therefore Thieves or Malefactors c. must not be brought to condign Punishment c. or to that effect G.W. That 's none of my Consequence mine is the same that Judge Cook doth instance wherein the Law of England is Lex Misericordiae in that 't is tender of mens Liberties and prescribes a due course of Proceedure Interrupted as it may be applyed to our Case Either we are Innocent or Nocent if Innocent we ought to be heard and not delayed in Prison if Nocent or Criminal we ought to have due and orderly proceeding according to the Law of the Land that our Offence may the more plainly appear that others may take warning thereby and not incur the like Penalty or Suffering However let 's have fair dealing let 's not be unduely run upon diverted from our Plea and our Mouthes stopt so that the Court and People here cannot know what we suffer for No Free-man shall be taken or imprisoned or disseized of his Freehold or otherwise destroyed c. but by due process and order of Law This Magna Charta enjoyns where in the 29th Chapter 't is said No Free-man shall be taken or imprisoned c. but by the Law of the Land that is by due order of Law by due process according to Law The Law of England requires due process or proceeding from the very first Arrest taking and imprisoning to the very end and execution of the same Therefore the first Arrest Imprisoning and Committing us ought to be known and understood whether it was in due Manner and course of Law Yea or Nay Let us have our Mittimus read we expect it 't is granted and promised us by the Mayor and others indifferent A little respit in expectation of the Mittimus But the a R. Recorder seemed greatly offended at the Prisoners urging this and at the Mayor and Justices assenting to it G.W. Seeing that the Law is tender of English mens Liberties as that no Freeman shall be taken or imprisoned c. without due proceeding in Law c. 'T is but meet and reasonable that the Court and People here should understand what capacity and repute we are under among our Neighbours that is whether as Freemen of England and of any Repute among our Neighbours or as Bond-slaves Rogues or Vagrants Renegado's c. Hear what our Neighbours say of us we desire their Certificates may be read R. What have we to do with your Certificates wiâ—l any Swear to them that they are true ones G.W. They are real Certificates pray let them be read here they are R. We do not know but that you might make them your selves in Prison G.W. They are no Fictions Pray read them or let them be read they are from Persons of Credit and Repute as Common-Council men Deputy Constables Church-Wardens and others R. They shall not be read G.W. We beg they may be read Look upon this Certificate here 's the Persons own Different Hands to it it may tend to inform the Court and to remove Suspition and Jealousies concerning us But this would not be granted the Prisoners G.W. Seeing our Certificates may not be read nor suffered to be read which is but hard measure now let our Mittimus be produced several expecting the Keeper had sent for it Pray let us have our Mittimus produced and read R. We have it not the Goaler has it G.W. Where is it Keeper produce it thou hadst it R. to the Prisoner No doubt you have a Copy G.W. Yes we have May I read it I crave Liberty of the Court to read it that the Court may understand what we are committed for and to answer to that this Court is to take Judicial Cognizance of c. Court The Justices asked the Question from one to another to have it read generally assenting thereunto as being of the Mind it ought to be read Justice Briggs I am of the Mind it should be read What say you Mr. Bendich J. Bendich Yes truly I am of the mind it should be read J. Briggs Pray speak to Mr. Mayor which was done Mayor to the Recorder Sir the Justices are agreed it should be read R. Turning himself towards them as one greatly offended that the Mittimus should be read G.W. It concerns the Court to let us have our Mittimus read I am ready to read the Copy seeing it may not be otherwise produced and read Shall I read We expect that Justice from the Court that it should be read R. Let them read it then I am not ashamed of it then read the other also for you have them both Court You may read it G.W. Now we have the leave of the Court I hope you 'l keep to it Observe it 't is a true Copy The Mittimus read which followeth The Mittimus viz. City and County of Norwich WHereas George Whitehead of the Parish of St Buttolph in London Grocer and Thomas Burr of Ware in the County of Hartford Maulster have this day assembled together with several other Persons in Disturbance of the publick Peace and against the Laws of this Realm and being required to find Sureties for their respective appearance at the next General-Sessions of the Peace Fra. Bacon to be holden for the said City and County to answer the Premisses which they refused so to do These are