Selected quad for the lemma: conscience_n
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A44360
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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 gaol 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 above said : 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.
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Hookes, Ellis, d. 1681.
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1680
(1680)
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Wing H2660; ESTC R7941
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74,567
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109
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against them the said George Whitehead and Thomas Burr are Ordered to be DISCHARGED being commited by Order of the last Sessions to remain in Prison untill this Sessions Observe That although we must needs grant that after the Sense of the Prisoners case and suffering had impression upon the Mayor * i.e. H.C. whose Mayralty was out before the Prisoners were releas'd and Justices of the said City the greatest part of them appeared to be inclined and desirous that they should be discharged before Sessions if they could have understood how it might have been regularly done their Eye being to the Recorder's advice in the case but some of them did as good as promise they should be discharged at Sessions Howbeit in order to the more certain obtaining thereof the Christian Care and great Industry of some Friends both at London and Norwich on the said Prisoners behalf is not to be forgotten and particularly that of our dear Friend William Mead in his industrious Endeavours and hard Journey to Norwich to visit the said Prisoners and to Solicit for them and see their Discharge effected such Labours of Love and Christian Charity God is not unmindful of And blessed are the true Followers of Christ that continue in the true Christian Spirit and unfeigned Love one to another unto the end for herein is a true Sympathizing with and fellow-feeling of one another in all Afflictions and Sufferings for the Testimony of Jesus Christ and of a good Conscience towards God The Religions Assemblies of the People called Quakers Vindicated First From the Charge of their being in Disturbance of the publick Peace Secondly From the Charge of being Seditious Conventicles mentioned in the Act of 22 Car. 2. Thirdly From the Charge of being under Colour of Pretence of an Exercise of Religious Worship in other manner thâ—n is allowed by the Liturgy or Practice of the Church of England 1. TO the first Objection we may ask our Adversaries What matter of Record * 5 R. 2. c. 7. 15 R. 2. c. 2. they can justly make against us the said People of due Conviction either from any notorious evidence of Fact or Testimony of credible Persons or Confession of our own as the Law provides of any formidable Posture that we meet in as that of Vi et armis or any menacing Words or Threats made by us or of any Contrivance of Insurrection which in the Eye of Law and Reason might be deemed or constâ—ued to be in terrorem Populi or in disturbance of the publick Peace or of the nature of a Râ—ot If such should not the matter and Circumstances of the Fact be specified upon such Record as the Law enjoynâ— But we utterly deny that we ever meet in any such formidable Posture as is of the nature or tendance of what the Law deems in terrorem Populi We meet peaceably to wait upon and really to worship and serve the Almighty God as our bounden Duty according to his Grace Light and Understanding which he hath given unto us by his Spirit In the second Year of Henry the 5th Chap. 8. It is provided that if any Riot Assembly or Rout of People against the Law be made in any part of the Realm H. 5. c. 8. then the Justices of the Peace three or two of them at the least and the Sheriff or under-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the Powers of the said County if need were to arrest them and them should arrest and the same Justices Sheriff or under-Sheriff to have Power to Record that which they have found so done in their Presence against the Law And that by Record of the same Justices Sheriff or under-Sheriff such Trespessors or Offenders should be convicted in manner and form as is contained in the Statute of Forcibly Entry c. 5 R. 2.7 1 R. 2.2 And in the same Statute it is provided That like Ordinances and Pains should hold place and take effect in Cities Burroughs and other Places and Towns Infranchized which have Justices of the Peace within them Now let our Adversaries and Persecutors Answer us Where could any of them ever justly make any such legal and due Conviction upon Record against us for any such Riotous Meeting or unlawful Assembly on our parts as hath been really in it self of such a Nature and Tendance aâ— aforesaid in Disturbance of the publick Peace We positively deny that our Assemblies are of any such Nature however mis-represented by our Adversaries II. Objection If it be alledged That our Meetings or Assemblies are contrary to Law and therefore in Disturbance of the publick Peace Query We Question what Law or Statute they are contrary unto Obj. If it be answered They are coutrary to an Act which is both Mandatory and Paenal made in the two and twentieth Year of King Charles the second Entituled An Act to prevent and suppress Seditious Conventicles We Answer 1 st That our Assemblies are no such as Seditious Conventicles i.e. for Sedition Strife or Rebellion against the Government 2dly 'T is a meer begging the Question to term our Assemblies Seditious no such thing has ever been proved against them as Sedition that is * Sedition explained a stirring up to Rebellion or Discord a Raising a Faction or Mutiny as Phillipps in his New World of Words explains it But our Assemblies are for no such Design or End nor could ever any overt Act of that kind or tendance be proved or justly chaâ—ged against us in relation to our Meetings or otherwise Therefore they are no Seditions Conventicles or Assemblies 3dly Our Assemblies are made up of no such Persons or People as have committed any such dangerous Practices against the Government as meâ—tioned in the Preamble of the said Act 22 Car. 2. though rude Informers and Disturbers have come Riotously and with Violence against us into our Meetings Neither are we any such seditious Sectaries or disloyal Persons who under pretence of tender Consciences have or may at their Meetings contrive Insurrections as also the Preamble of the said Act is specified We use no pretence of tender Conscience for any such wicked End or Design The All-seeing and Heart-searching God knows our Innocence and Clearness herein as also the Nation 's long Experience can witness for us And if Titles and Preambles of Laws be the Keys of Laws and do evince or shew the Nature and respective Intentions thereof then this said Act against Seditious Conventicles where under pretence of tender Consciences Insurrections have been or may be Contrived doth not extend to us We pretend nothing but what we really intend viz. The Spiritual Worship and real Service of Almighty God who searches our Hearts and whom we sincerely Reverence and Fear III. Obj. But if it be objected That the matter of Fact incurring the Fines and Penalties of the said Act against Conventicles is our Meeting under Colour or Pretence of an
against All which Offences Crimes and treacherous Actions against the King his Government and People we are so far clear and Innocent of as that our very Soul abhors them And who can charge or justly Impeach us therewith or with any of them We can Challenge the whole World yea the worst of our Adversaries to detect or impeach us who are the People called Quakers of any of these things As 1 st Who justly can charge us or any of us with any such Correspondency either with the Pope Church or Court of Rome as there to purchase or procure any Sentences of Excommunication or Bulls against the King c. 2 dly Or that can charge or impeach us or any of us with any Treasons Conspiracies or Plots against the King his Government State Parliament or People or that can charge or impeach us or any of us with any such Hellish Design Attempt or Conspiracy as either that of the Gun-Powder-Plot or the subversion of the Government or with seeking to introduce Popery to destroy the real Protestant Religion or any part thereof professed in this or other Nation or that can justly charge us or any of us with any such pernicious destructive Popish and Antichristian Principles Positions or Practices as the Oath of Allegiance was intended and provided against As we are sure that no man can justly Detect or Impeach us in any of these how then can we either in point of Conscience Justice common Equity or Reason be run to such extream Penalties and Sufferings as to be put out of the King's protection or to forfeit our Estates and Liberties meetly because we in point of Conscience scruple or fear to Swear to the Declaration of our Allegiance whilst we sincerely perform the Duty thereof by our harmless and peaceable Conversation among men as our Neighbours are Eye Witnesses both as Christians and true Protestant Subjects which truly answers the Intent and End of the Law Our dissent in point of Conscience and Worship being out of no respect to Popery but the contrary For we really believe we are more clearly Reformed Protestants than those are from whom we dissent Where 's then the proportion or equality between our supposed Offence which is but Circumstantial at most and the Penalty There 's no parity at all between them Let the Law of Truth Justice Equity and Conscience in all moderate Magistrates and impartial Men judge in this our Case for to that we appeal and not to the Spirit of Persecution Envy Revenge and Partiality which without any due measure of things and without all Compassion seeks occasion against us to destroy us which the Righteous God and just Judge of Heaven and Earth will plead with and judge Let due measures be taken of Offences and Penalties which ought to be suitable Penalties ought not to exceed the Offences but to be secundum qualitatem quantitatem delicti nor those things to be made Offences which really are none Let Justice and Right take place and equal Law and execution of Right be followed according to the Fundamental Laws and Rights of English men and that which all the Kings Justices and Ministers who under him are appointed for that end are obliged unto both in the sight of God and men as being under a severe Obligation to minister justice and right to all his Subjects Rich and Poor without partiality Norwich Prison the 23d of the 2d Moneth 1680. Here follow some Exceptions which the said G.W. and T.B. Prisoners had in readiness in Court against the manner of their Imprisonment by the Sheriff without a Warrant on the 21st of the Moneth called March 1679. Arrest explained Dalt fol. 706. AN Arrest being the apprehending and first restraining of a man's Person depriving it of his own Will and Liberty and may be called the beginning of Imprisonment See Dalton fol. 306. Exception 1. Dalt fol. 304. of Warrants Dyer 244. 〈◊〉 Bar. 248. Lamb. 93. If any Officer do Arrest a man for the Peace or the like before that he hath a Warrant and then after doth procure a Warrant or a Warrant cometh after him to Arrest the party for the same cause yet the first Arrest was wongful and the Officer is subject to an Action of false Imprisonment See the Statute 43 Eliz. c. 6. See also Dalt fol. 307. Exception 2. From the Act made to prevent and suppress Seditious Conventicles 22 Car. 2. fol. 10 11. These passages are to be observed viz. 23 Car. 2. fol. 10 and 11. Also the Sheriffs and other Magistrates and Ministers of Justice or any of them joyntly or severally c. are to have Certificate made to them respectively under the Hand Seal of a Justice of Peace or chief Magistrate of his particular Information or Knowledge of such unlawful Meeting or Conventicle held or to be held in their respective Counties or Places and that he with such assistance as he can get together is not able to dissolve the same shall and may repair unto the Place c. and take into their Custody such and so many of the said Persons so unlawfully assembled as they shall think fit to the intent that they may be proceeded against according to this Act. fol. 11. And the respective Constables Head-Burroughs c. are to have Warrant from the Justice Justices or chief Magistrate respectively c. to take into their Custody Persons unlawfully assembled as they shall think fit to the intent that they may be proceeded against according to this Act. Whence two things are observable 1. That Persons so met as aforesaid are not to be taken into Custody by Sheriffs or other Officers without Warrant or Certificate under the Hand and Seal of a Justice of Peace or chief Magistrate 2. That where Persons are so taken into Custody 't is to the intent that they may be proceeded against according to this Act which Intends not their Commitment to Goal but to fine them upon Conviction Therefore the Prisoners if they were Offenders against this said Act yet their being taken and thrust into Goal without such Warrant or Certificate under Hand and Seal c. and after being committed and detained in Goal for not paying their Fines is besides and contrary to the provision made in this very Act. What due Process in Law is Due Process explained A Commitment by lawful Warrant is accounted in Law due Process or Proceeding in Law and by the Law of the Land as well as by Process by force of the Kings Writ Cook 2 part Institut fol. 52. Exceptions against the Warrant of Commitment dated the 21st of March Anno Dom. 1679. Exception It appears illegal for these two Reasons 1 st Because it is made not in the King's Name but in Francis Bacon's own Name 2 dly Because it was made and served on the 21st Day of March in the Year abovesaid being the Lord's Day commonly called Sunday Reason for Exception first For the