That is by our living peaceably under the King and Government R. Do you scruple any Word or thing contained in the Oath If you do tell us what it is G.W. We both own and can sign the Declaration of Allegiance in opposition to the Pope and Popery And to those Seditious or Treasonable Practices and Positions abjured and renounced by that Oath R. Do you hold it unlawful to take an Oath in any case G.W. We are not commited to Prison to answer to Questions at Sessions but to Answer to the Premisses contained in our Mittimus R. Do you not hold it lawful to tell a Lye i.e. an Officious Lye to prevent an eminent danger c. or to that effect G.W. No by no means that 's not a true Protestant Principle to tell or maintain an Officious Lye so called R. Will you take the Oath c. If you will hold up your Hand as a Testimony that you do take the Oath or Swear that shall serve c. G.W. We have a Protestation or Declaration against the Pope Popery which was delivered to the Committee of Parliament and thereby judged sufficient to distinguish us from Popish Recusants We crave leave of the Court to read it R. What difference is there between a Protestation and an Oath G.W. It may be a Protestation or Testimony against Popery yet not an Oath I pray you let 's read our Protestation that we may not lie under Suspition without cause Court You may Read it The Protestation read in Court which followeth A Protestation or Declaration to distinguish Protestant Dissenters from Popish Recusants I A.B. do in the presence of Almighty God solemnly profess and in good Conscience declare It is my real Judgment that the Church of Rome is not the Church of Christ nor the Pope or Bishop of Rome Christ's Vicar And his or their Doctrines of deposing Heretical Princes and of absolving their Subjects of their Obedience Of Purgatory and Prayers for the Dead Of Indulgences and worshipping of Images Of adorning and praying to the Virgin Mary and other Saints deceased And of Transubstantiation or changing the Elements of Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever are False Erroneous and contrary to the Truth of God declared in the holy Scriptures And therefore that the Communion of the said Church is Superstitious and Idolatrous And I do likewise sincerely testifie and declare That I do from the bottom of my Heart detest and abhor all Plots and Conspiracies that are or may be contrived against the King or Parliament or People of this Realm or the true Protestant Religion therein professed And I do hereby faithfully Promise by God's help to live a peaceable and sober Life as becometh a good Christian and Protestant to do And all this I do acknowledge intend declare and subscribe without any Equivocation or Mental Reservation according to the true Plainness Simplicity and Usual signification of the Words Witness my Hand G.W. This was excepted by a great Committee and entred the Journal of Parliament in order to distinguish us from Popish Recusants c. R. We have not a Law to except it 'T is not enacted or made a Law We must proceed according to Law c. You seem to declare for the true Protestant Religion c. When you dissent from the Church of England ‖ This renders Protestancy but in a narrow compass as if all Dissenters were no Protestants I am not in that Point satisfied with your Declaration or to that effect G.W. We have no Mental Reservation in the case We are willing and ready to sign this Declaration Interrupted when about adding these Words viz. The true Protestant Religion is wholly opposit to Popery It stands in Protestation or Testimony against Popery 'T is a Negative Testimony thereof So far as any Protestants in the Church of England or elsewhere do really protest against and sincerely disown Popery so far are we of the same Judgment with them But there are Protestants of several degrees some are more refined and more clear of Popery than others G.W. Is there any Evidence against us to prove the Premisses contained in our Mittimus Where are our Accusers R. The Premisses what are they G.W. The being at an unlawful Assembly in disturbance of the publick Peace as is pretended against us Let 's be tryed and either condemned or acquitted hereupon R. I was more favourable to you than you deserved For I could have drawn an Indictment against you at Common Law and brought you to a Tryal upon it Which being found against you I must have fined you R. We who are in Commission for the Peace are Lex loquens and to give the true meaning of the Law We are not to make Laws but to Interpret the Law We are to punish or amerce Offenders secundum Qualitatem secundum qualitatem delicti c. G.W. We are not at present about to justifie our selves as to matter of Fact We are willing to hear Evidence what any can prove against us in relation to our Assemblies Let 's have due Process R. If the Court will agree to it wee 'l Adjourn And I will provide an Indictment and give order that the Witnesses shall be here and will give it to the Grand â—nquest And if they find it against you you shall be fined Forty Pound and Imprisonment till payed c. Prisoner It seems the Witnesses are yet to procure Is there any here that can give Evidence against our Meeting of the breach of the Peace c. R. That 's a Lye I did not say I would procure Witnesses that 's Scandalous T.B. We desire that no advantage may be taken against us for a Word You ought not to take advantage c. G.W. I intended no offence in the word Procure I intended it not in the worst Sense i e. as by way of Subornation for I intended no other than according to the Recorders own Words That Witnesses should be here or the like which doubtless many present heard Prisoner Well we refuse not to be Tryed upon the Charge in our Mittimus touching our Meeting c. R. You shall have the Oath put to you And I 'le tell you what danger you incur If you refuse to take it you are to be put out of the King's protection your Lands and Estates forfeit to the King and your Bodies Imprisoned during the King's pleasure c. G.W. We understand what a Praemunire means according to the Statute of Praemunire made in the sixteenth Year of King Richard the second Though there 's no Equity that should be brought upon us whilst we Practice our Allegiance Suppose we cannot for Conscience sake Swear 'T is but hard measure to bring us under the penalty of Praemunire for that cause only What Equity can there be in it Seeing we utterly deny the Pope and Popery c. To which we may justly
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
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
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