some friends which were there in Prison for bearing witness to the truth as it is in Jesus being the time of the Generall Sessions for the said Burrough and coming into the Hall on the third of the 8th Month and was walking with many of my friends in the lower end of the Hall below the Bars and the people until there came a man with a Halbard and carried me before those which sate to do justice but J found none whereupon the Recorder told me he did perceive J had a desire to be amongst my fellows and I should have my desire I bid him do his pleasure but J demanded him first to make it appear I had transgressed either the Law of God or man but he could not then he asked me what I came hither for from my dwelling place my answer was I came to see the Tryall of my friends which are here in bonds for the testimony of Iesus and I am chargeable to no man so with some other questions of small account he bid take him Goaler so I bid him let me know what he sent me to Prison for but he would not but sent me to the Common-Goa without any Mittimus or knowledge of my person or name or whence I came neither wil they let me know for what although I have writ to the Mayor The third of the Month called October Ioshua Frencom and John knight Prisoners were sent for unto the hall and after Robert Atkins had commanded to take off their hats which were accordingly he then caused a Bil of indictment against them to be read concerning som particulars in a former printed paper asked if they were guilty or not guilty Joshua answered we can bring witness to prove that to be true which we are indicted for Rob. Atkins Wherefore are you indicted Josh For the truth Rob. Atk. For the truth are you indicted Ioshua said All people take notice for the Truth it is that we are indicted and the people clapping their hands gave a shout and some of them said to Rob. Atkins let shame cover thy face must not men speak the truth Rob. Atk. Take them away for we shall not have peace so long as they are here on the same day before mentioned Rich. Walker was called and they read a bill of indictment against him and they asked him whether he was guilty or no and he said he denyed the bill but said he owned the paper and he desired to have it read and they did and when it was read he said I appeal to all your consciences whether it be not all true and they sate all silent and answered not a word Iohn Woodard Iames Wall Ioshua Frencom Thomas Cartwright and Will. Walker were souldiers long in the service of the Commonwealth and most of them at Worcester fight for outward liberty and now are they fined or imprisoned or both without any Law transgressed and are deprived of outward liberty Humphrey Smith was a friend to the Parliaments Army from the first arsing of them and afterwards ventured his naturall life and suffered much loss by the kings army and now we have not the least benefit of the liberty nor law of the Nation Upon the third of the 8th Month Iohn Goodard was called before the bench Rob. Atkins said pluck off his hat and after his hat was off the Town-clerk did read somthing said in his paper that he had set his hand to a scandalous paper maliciously against the magistrates of the town and afterwards asked him if he was guilty or not guilty and he said he was not guilty of wronging any mans person neither had he spight or malice against any man in England and the Recorder said it is easie for any man to say he is not malicious and the said Iohn Goodard said thou maist judge of me what thou wilt and then Robert Atkins said will you own the paper And he answered that he would own the printed paper and prove it to be true and said here are three men standing by that have waited ever since yesterday morning to witness against Robert Martine called Iustice for swearing Robert Atkins said he did not sit there to have it proved and said if it were true it ought not to be spoke of if it were against a Magistrate and Iohn Woodward said all people take notice if this be not partiality The Recorder commanded that Captain Pit wayes hat to be taken off his head which is a Magistrate of the Town and makes him stand bare and suffers a priest to sit by him with his hat on and the Priest hearing this put off his hat and the Recorder bid him put it on again and yet he sends our friends to prison for coming before him with their hats on And then the Recorder said to the rest of the Bench fine him and some of them said three pounds and they asked the said Iohn Woodward if he was contented and he said you may do what you will with me and the Recorder said fine him five pounds he said you may put in fifteen pounds for I expect no favour from your hands so they fined him five pounds And Iohn Woodard said Take notice the Grand Iury have brought in that swearers and drunkards are not punished and said Hear people We are not questioned for sweating nor being drunk or any manner of sin or evill communication but for speaking the truth and one of the strangers said I witness against Robert Martine for swearing and they did not answer him a word Upon the second day of the 8th Month called October our Friend Captain Pitway so called was called before the Bench and Robert Atkins the Recorder said to him I understand that you have been a Magistrate and one of the chiefest of the Bench and I do much admire that you show no more reverence to the Court then to come with your hat on mark reader and now a ring-leader of this sect I will take course with you and he answered to this purpose I see little justice done and then Atkins said you shall see justice done and said pluck off his hat that is one piece of justice then Atkins said you are bound over to your Good Behaviour and then it was read what was sworn against him and that which was false in it he denyed and that which was true in it he owned and then Robert Atkins bid him relate what he did own and he said that he owned that the said Robert Martine called Iustice was a drunkard and because he did pluck the prisoners out of their beds and bred such a disturbance in the night and bidding the people whoop and whooping himself that he said did cause him to say what he said and said if they would but give him leave to bring in his witnesses he would prove it to be true and then he bad him bring in his witnesses on the morrow then the recorder did tell him of a paper that he had
THE CRUELTY OF THE MAGISTRATES OF Evesham in Worcester-Shire OR Some further particulars of their dealings and proceedings at the late Sessions and othertimes against those People whom scornfully they call QVAKERS With a Warning to the HEADS and RVLERS and all people of this Nation Written from Evesham the 15. day of the 8. Month 1655. LONDON Printed for Giles Calvert and are to be sold at his shop at the Black-spread-Eagle neer the west end of Pauls 1655. The Crueltie of the Magistrates of Evesham in Wercestershire UPon the nineth day of September so called we had a meeting about the tenth hour at the common Goal in Evesham there to wait upon the Lord and after some time Humphrey Smith having been in prison about three weeks before and being in the prison he was moved to speak to the Lord in prayer then the Goaler and some other Officers came into the Goal to Humphrey Smith and violently haled him away as he was speaking to the Lord in prayer and put him down into the dungeon our friends keeping stil together after some time Tho. Woodrove spake the word of the Lord to the people and having done the Constable came and inquired for him but because they knew him not he went away that time but before they departed another meeting was appointed the third hour in the afternoon and then the people being come together at the time appointed Humphrey Smith spake to his friends out of the Dungeon the word of the Lord and when the common Meeting at the Steeplehouse was ended our friend Thomas Woodrove was speaking to the people without the prison and many of those that had been at the steeplehouse stood and heard him speak who having done speaking was sought after and took away by a Constable without a Warrant and brought him before the Mayor and them called Justices and Thomas Mathew Priest and then he was committed to the common Goal for speaking the word of the Lord and Shomas Mathew Priest at his departure thanked the Mayor for his care and pains and on the morrow in the morning Robert Martin called Justice bid the Wardsmen if tâ—e people would not bee gone from the goal-hole he bid them knock them down and bid the men throw shuffles ful of dirt upon them in the dungeon and they set eight men with weapons four on each side the prison to keep away all friends for coming to or speaking with them they had imprisoned Humphrey being free to give books to some people of the Country there in town and the keeper did by violence take three books from them and tore them all so he sent for a parcel of books he had in town about sixty in number which was for the glory of God for the beating down of all sin written by George Fox Iames Naylor Richard Farnsworth and Iames Parnel these books they were taken from the messenger by the wardsmen and brought before the Iustices who afterwards burned them upon the Market-Cross before the people being the Fair-day see their malice to them having broke no Law Esa 59.54 Esa 8.13,14,15 Mic. 3.10,11 Mic. 7.2,3,4 Dan. 6.4 to the 16. Prov. 29 17. This was done notwithstanding that some of our friends did present the Mayor the first day in the morning with a paper that had above forty hands aâ— it declaring that they expected justice to be put in execution according to the late Proclamation which they denyed to post up though some friends posted it up and it was pulled down again they onely bear the names of Justices and do it not but their actions are secretly contrary to law justice and righteousness and they are those that call the proud happy yea by their means those that do wickedly are even set up and delivered and they lay snares for the righteous and make a prey of those that fear the Lord whose faces are now turned towards Zion likâ— their fore-fathers Luke 23.25 Act. 22.24,25 Act. 23.12,13 Act. 24.5,6,9 Act. 25.2,3,4 c. 1 Kings 18.17,18 Upon the 25 day of the 7 moneth called September George Kemp Mayor of Evesham sent for us prisoners and more of friends in the town and said I sent for you concerning a paper that you have put your hands to beeing A representation of the Government of Evesham Quest. Do you own this paper Answ Yea we do own it and shall prove it to be all truth He then began to question some particular things in it to insnare us but after we urged very much he granted the reading of it then he examined us that were there but all that were witness to the paper were not then in the town we bid him let us be called all together and we shal prove every thing therein then said he seeing it is of so high concernment and that you have appealed to the Protector you shall every one give security to answer it before the Protector Ans We have not appealed to the Protector for any redress but we have discharged our consciences in making manifest the corruption of them called Magistrates in this Town both to the Protector and to the whole Nation Quest Are you willing to answer it before him Ans If we be by you or the rest compelled we refuse not to go for we are more free to answer it before the Protector than here for there we expect some Justice but here is none I shall engage you all to appear at the Sessions and then you shall all give security to answer personally before Protector or else lye in Prison What is the reason you will not swear William Dewsberry can swear for in one of his books he saith in the presence of the Lord I own Magistrates Hum. Smith So far as that I can say for in the presence of the Lord I own Magistrates that are for the praise of them that do wel the punishing of the evil doers So he lets us that were Prisoners return to the Prison and the rest departed home Upon the 28. day of the Month called September Joshua Frensome and Iobn Knight was sent for before them called Justâ—…es Robert Martin and Samuel Garner and asked them if they owned the printed paper they said we own it and can prove it all to be true them called Iustices said it was a Lybell they answered they would prove it was no Lybell by those twenty that are subscribed in print to that paper which they questioned them about and also by forty more The Deputy-Recorder said whether it be true or false it is a Lybell because it is in disparagement to the Magistrates so them called Iustices sent them both to Prison At that time there was in the place one Thomas Milnard the Priests wife father who was a persecutor in the Bishops dayes he is one of them called Magistrates he accused our friends of selling their Bibles he mentioned one of Hampton who though he did sell a Bible hath two or three yet and the Scriptures
we own yet I can sell thee a Bible if thou wilt buy one for I have three Thomas Milnard answered I will have none of thy Witchery stuff he said more that he was confident that the Mayor was bewitched he did not send all our friends to Prison that 25. day of the 9. Month Ioshua Frensome Iohn Knight On the second of the eight moneth called October Iames Wall having a tryal at their Court he came into the trial of the cauâ—e and Robert Atkins commanded his hat to bee taken off Iames Wall said to him Thou hast not yet made me any satisfaction for the last hat thou causest to be taken from me neither is yet restored Robert Atkins commanded the Goaler to take him to prison where he hath been without any Mittimus or any thing since laid to his charge The second of the said moneth at the Sessions holden at Evesham Thomas Woodrove being first sent for by himself and brought before the Sessions he requested that his fellow prisoners might be sent for that they might answer to the crimes laid against them if there were any Quest. You are accused to be a disturber of the peace Answ Let that be proved or read any Law that I have transgressed Iudge There may be a Law broken which cannot be read Ans Is it possible there should be Law broken that cannot be proved nor read Iudg. But as for your part you might have had your liberty if you had not came in here in this contemptible way with your Hat on therefore you shall turn back again to the Prison until you do come with your hat off take him Goaler He was sent to the prison and the rest brought up to the Bar. Robert Atkins said Do you not know that you are prisoners I marvel that you wil offer to come before a Court with your hats on Goaler take off their hats It was done thou maist as wel take off our Coats Iames Wall Thou hast not made me any satisfaction for the last hat thou did cause to be taken from me Rob. Atkins said Smith You are the Ring-Leader of this Sect and of this people I know you have Scripture enough and you can tell of Pauls Condition and many such things but you lead people contrary to the wayes of God Humph Smith Paul was accounted as a Sectarian and a Mover of Sedition and a pestilent Fellow Rob. Atkins Paul was called so but was not so but you are called so and are so Ans That is not yet proved Rob Atkins Where have you any Scripture for your keeping on your hats Tho. Cartwright The servants of the Lord had their Hats on when they were thrown into the Fiery Furnace yet they were not thrown in for keeping their hats on but because they would not bow and worship the Kings Image Humphrey Smith There is neither precept practise example nor command in the scripture nor yet any Nationall Law for putting off the hat and so long as I continued in swearing lying and in other wickedness I was never questioned by any magistrate but now the Lord hath called me from these Sins I am made a prey of by you then said they one to another he hath aspersed all the magistrates in England Quest Did you live in such Sins since you came to this Town Ans Nay Thomas Cartwright said I have lived in drunkenness swearing lying and prophaneness until now of late and none of you ever questioned me but now I have left it I am punished without a cause if any one here have ought against me now to charge me withall let him now speak before the people Rob. â—tkins Thou lookest with a good honest face I thought thou had not been a quaker therefore I thought to have shown the some favour but I see by thy behaâ—iour who thou art Humphrey Smith said Moses that was a quaâ—er did look with a better face then he Robert Atkins Here is a sufficient ground that you have come into the Court with your hats on to fine you and send you to Prison untill you learn better manners therefore I shall fine you every one and send you to Prison where you shall lye from one Sessions til another untill you come with your hats off if I may have my will and though you have been kept very high J shall take course that you shall be kept shorter and looked closer unto fine such in five pounds and the rest in three pounds a peece Goaler take them away the Goaler hawling us away Humphrey Smith said let it first be made manifest who we have offended or what we have transgressed or what errors J hold if any can be proved that the peopâ—… may be convinced with us of any evill we may be accused of but the Goaler hawling us away Humphrey Smith spoke further to the people and said they have shamed all profession and all nationall Government Thus were we thrust away from the bar in a quarter of an hours time and not at all called by name nor examined for what we were Prisoners nor any Mittimus read or mentioned nor any other crime laid against us or charged upon us neither was any Witness nor any one by word or bill that had any thing in the least against us neither did any open his mouth to that purpose or in any such way against us neither did they themselves accuse us though we often requested to shew us any cause why we were imprisoned but the Goaler took four of us away but Robert Smith Iohn Clemens and Same 's Wall he left at the bar where they then spake for themselves Robert Atkins hearing them asked if they were quakers too and called the Sergeants or Words men to take them away but they were let alone untill the Goaler came back again from the Prison in all which time they were not examined neither did any one accuse them of any thing Rob. Smith said he had been in Prison 6. weeks for saying the Priest did lye now there the Priest George Hopkins is and I am here to prove him a lyar and to affirm him to be a lyar before all the Court if he be not a lyar let him speak for I can prove him a lyar in severall things the Priest being there gave no answer John Clemens said I was sent for by the Deputy-Recorder who sitteth there from my fathers shop and his work and he sent me to Prison because I did not put off my hat and for that have I been in prison 6. weeks and he called to the Deputy-Recorder and bid him speake or charge him with what he had against him but he was silent and spoke not neither did any one charge him with any thing so when the Goaler came he took them away to prison also A true description of the imprisonment of William Pit a souldier for the Commonwealth I Came from my outward being in the City of Worcester into the Burrough of Evesham to visit
put his hand to which was scandalous against the Magistrates of the town and he said he put his hand to a paper which was no scandall but truth and he was there ready to prove it to be true and then for that time he was put by and the next morning about the ninth hour he was then called again and then they read an Indictment against him for setting his hand to a paper which they said was maliciously against the Magistrates and asked him if he owned it and he said all malice and spight I deny but for the printed paper he owned it to be true and was there ready to prove it and Robert Atkins said we conceive it to be scandalous and would not suffer him to call his Witnesses and said We must proceed to fine and so fined him 20. l. The 14th Day of October being the first day of the Week there vvas a meeting at Captain Edward Pitwaye's house in the morning and there vvere tvvo of our friends coming to the meeting and as they passed by the Goale they looked in at the the Goal hole and spake to the prisoners and before they had stayed half a quarter of an hour there came the Mayor and put them in prison and said they should go into the prison right or vvrong and in the afternoon Edward Young the Mayor came to our meeting before the Goal vvhere our friend Humphrey Smith spake out of the Goal-hole and the Mayor came and laid violent hands of many of our friends and sent them avvay to prison and several Country people he set in the Stocks although vve vvere all peaceable and not a man did give him or his Constables that vvas vvith him a vvord that vvas uncivill but desired that vve might be peaceable in our meeting but the Mayor vvas very outragious and one he did kick and another he did lay hands on and said he had almost forgotten the civil Gentleman and so sent him to prison and did put our friend Humphrey Smith and the rest that were in the Main-Goal into the Dungeon and said we should not see his face again it may be this twelve months except he had order from above to take him out and some Women he laid hands on and plucked them and said if he had a prison for them they should go to Prison TO all the Heads and Rulers of this Nation and Great men and Rich men who would have the haâ—… put off to you and would have your persons respected which is contrary to the Law of God for he that respecteth persons committeth sin and he is a transgressor of the Law of God and you that say authority commands it and would have your persons respected you that do so commit sin and would have others to commit sin and so to transgress the Law of â—od and to depart from the Faith of our Lord Jesus Christ which is without respect of persons which faith is held in a pure conscience which all who respect persons acts contrary to that which doth convince them and casts the Law of God behind their backs and are reprobates concerning the Faith of our Lord Jesus When Haman would have had Mordicai to have bowed to him when he could not disobey the Law of God Haman might say he disobeyed and was not subject to authority as you do now when men stands patiently by you which say authority commands it to put off the hat who would have the creature worshipped more than the Creator upon such the judgements of God comes as you may read Rom 1â— And as the three Children could not bow to the Image which Nebuchadnezar had set up they might say they disobeyed authority and was not subject to authority as you may do now because men do not off their hats in your Sessions and Courts and so they come to be fined which there is no example for in all the Law of God but it is a judge upon all that respect persons to which the soul must be subject And all who follows the lusts acts contrary to the Light which doth convince there that is let in which wars against the soul he that makes Laws and acts in that nature and with it which follows the lusts and sets up that which waâ—s against the soul which the soul cannot be subiect to but to the higher power that which answers the Law of God and the higher power is that which doth convince which the soul must be subiect to and not to mans will neither to that which is made in it nor to that which doth command for the cross is to it and so all you which would have hats put off to you seeing there is not one example among all the heathenish Kings or rulers as you read in all the Scriptures and all you who hath doth profess the Scripture to be your rule search it throughout and see if you can find any example in it that ever any that were rulers for God that commanded any to put off their hats to them and if you cannot you may see you are grown higher in iniquity pride and ambition than them all Nebuchadnezar lost his Kingdome Haman Pharoah destroyed who oppressed the seed of God And beware all ye that scoff scorn persecute the righteous seed of God the power of God is the same now that it vvas then to throvv you dovvn and that of God in all consciences shall ansvver it And you vvho profess your selves Christians and Christian Magistrates and the Scriptures to be your rule search it and see if you can find any example among all the Saints of God or any of the Christian Magistrates that did beare rule for God command any to put of their hats to them Did ever Moses Ioshua or Iephtha Solomon or Hezekiah vvho vvere Iudges and Kings in Israel command any to put off their hats that came before them Or did any of these imprison them if they did not or ever Pharoah Herod Pilate Darius or Foelex or any of the heathenish Kings or Governours command any to put off their hats that came before them or fine them or imprison them if they did not now seeing none of these commanded any to do it what can you plead for it but your own wills and beware how you make that your Law as you will answer it for you must all give an account to the just God of heaven and earth who will tender to every man according to his works without respect of persons From the Lord I warn you and to the Light in all consciences I speak that with it you may see the same nature ruling in you that ruled in Haman who would have had Mordecai to have bowed down to have satisfied his will which he would not do though the King had commanded it and he was justified by God in not doing of it and Haman who would have been honoured brought to shame and confusion Read East 2.7 10. Therefore all