add and abhor those Treasonable Practices and Positions which are abjured by that Oath G.W. Suppose we have such a scruple of Conscience as that we cannot Swear Allegiance whilst we both practice it and are willing to declare it and to sign the Declaration or substance of our Allegiance Can it be equal or just to run us to a Praemunire to forfeit our Estates Liberties c. only for want of Swearing How can that be either secundum qualitatem or secundum qualitatem delicti as 't is supposed R. You talk of Conscience Friend Friend let me ask you one Question Pray what is Conscience G.W. 'T is that Knowledge that God hath placed in man 't is a knowing together between God and our own Souls by Virtue of the Law of God in man whereby he knows what 's Good and what 's Evil and whereby he is taught to embrace the Good and shun the Evil. 'T is called The Law of Truth the Law of Equity the Law of Reason c. Against which Law says the Law-Book Doctor and Student no Law nor Custom ought to be brought but 't is void R. Although I asked you a Question I did not bid you Preach upon it But Conscience may be seared as when men will not be reclaimed but have their own Wills be they never so contrary G.W. 'T is true some mens Consciences become hardned and seared through sinning and for want of being exercised by that Law of God in them Yet there 's an Universal Law of Truth in mankind whereby even the Wicked and those of seared and hardned Consciences shall finally be convicted and awakened in Torment c. R. You must have the Oath put to you The Court must tender you the Oath of Allegiance Will you take it c. G.W. We lie under a Charge in our Mittimus Let 's be discharged of that first That contains the Premisses which we are to Answer to Let 's not be Hood-winked Are we discharged of the two Warrants that are against us yea or no The rest of the Court ought to know that one thing may not confound another R. You talk Law as you talk Gospel Here you talk a little and there you talk a little It is pity you have the benefit of the Law You put your selves from the Protection of the Law G.W. The Recorder is a party against us He 's our Accuser Prosecutor and Judge He inveighs against us He 's determined against us He has told his Resolution afore-hand c. One Justice You offer Contempt against the King in what you say against his Minister The Recorder is his Minister or to the same effect G.W. No such matter I only oppose an undue and irregular Proceedure which is not the King's Will c. R. Your Words tend to stir up the People here to Sedition G.W. We have no such design We only plead our own Rights as English men The Loosers must have leave to speak Our Liberties and Estates and Families are concerned Our Wives and Families suffer by our restraint c. R. Clerk tender him the Oath offer him the Book Clerk reads I George Whitehead do truly and sincerely acknowledge profess testifie and declare in my Conscience c. G.W. Forbear We have matter of Plea which ought to be heard first c. Note Here a great Noise was made by some present Cryer O Yes Silence in the Court c. G.W. We beg of the Court that we may not be thus run upon but duely heard upon the Process we suffer under R. Will you take the Oath Answer and then you shall know the pleasure of the Court. G.W. We ought to be at some certainty whether we are discharged of the Premisses laid against us in the two Warrants The Recorder was even now for Indicting us at Common-Law Now he 's all in haste to put the Oath upon us Thus he appears inconsistant with himself He 's not now lex loquens to be sure for the Law speaking doth not contradict it self He 's not the Mouth of the Law in running thus unduely and abruptly upon us with the Oath to evade the Premisses which we were to Answer to Are we discharged of the two Warrants Yea or No Let 's have the plain Advice or Sense of the Court. R. It may be you may suppose you be discharged What 's the Consequence you 'l infer thence G.W. We desire a plain Answer We are not to be answered by Supposition nor thence to draw Consequences now We are not called hither to dispute upon an Hypothetical Argument We expect a positive plain Answer and the sense of the Court concerning our Mittimus and Warrant Are we discharged of them or not Some of the Court to the Recorder Let them be discharged of them Some of the Court You are discharged of them G.W. Does the Recorder say so Does he assent to it Let Proclamation be made of it then that we may be set at Liberty in the same Capacity we were in before we were first Arrested R. No no seeing you 'l take your way I 'le take my way You shall have the Oath first and then your Discharge Will you take the Oath and then you shall be discharged What say you to it Read the Oath c. T.B. It is a force put upon us 'T is very hard dealing we may not be duely heard c. G.W. Are the rest of the Justices of the same Mind that we should be thus run upon We hope you are not all of the same Mind with the Recorder in this Proceeding He is engaged against us He 's resolved to make something of it and to make us Exemplary in Suffering R. Stop his Mouth taâ—… him â—…ay They had not only need to have their Haâ—…s puâ—…d off but their Mouth stopt also This the Prisoner did not fully hear others affirm they heard it G.W. Pray hear us we have more to offer as about this tender of the Oath to shew how undue it is if you 'l but suffer the Law to be read which we desire Hut we ought first to have had Proclamation made for our Discharge from the two Warrants R. If we should wake Proclamation and let you go we should be Laught at No no. I see you lay upon the catch We will not discharge you Now we have you hear we shall not let you go for to send a Warrant after you to fetch you again Will you take the Oath or not G.W. Is this intended for a first tender or a second We desire an Answer R. We 'll tender it you de Novo It shall be for a first tender and if you will not take it you shall be committed till next Sessions c. Clerk reads the Oath Clerk Thomas Burr do truly and sincerely Acknowledge Profess Testifie and Declare in my Conscience c. G.W. We appeal to the Mayor and the rest of the Justices The Recorder is a Party against us he has determined against us aforehand I
demanded our Names and Places of Abode G.W. detected their Abuse and false defaming Insinuation to the People and discovered his Name and Habitation to prevent Suspition in the People Again he demanded by what Authority they came thus to disturb our Meeting and call us in Question bidding them produce their Warrant but they refused to give Account or shew any Warrant So after some Tumultuous Bustie and Hiddious Noise that they made in the Meeting being prevented by the great Crowd from coming at us to hale us away the chief of them with-drew and in a little time after one of the Sheriff ††i.e. Tho. Seamans of the City came in calling for us and came to us the People making way for him he required us to go along with him taking G.W. fast hold by the hand and led him along out of the Meeting near about half way to the Prison with other Persons with him that were the Disturbers and Informers to guard us along to the Prison the Sheriff turned us in at the Goal Door and left us there where we were detained about two Hours and then were sent for and by the Goaler were had before Justice Bacon the then Recorder of the City who after some time called us into a Room many other Persons coming in where the Priest * * i.e. Priest Whitefoot of the Parish was also with him who at first seemed offended and began to Question with us about our Hats and afterward about Sacraments c. often interrupting and interposing between us and the Justice as one seeking occasion against us but was plainly answered and reprehended by us the Prisoners for his Incivility though the Recorder shewed no dislike of his Carriage who having his Law-Books and Bible before him first begun with us about our Names Habitations and Trades and enquired If we were in Orders or had Orders from Rome To all which we gave him a plain Account denying any such Orders and solemnly in the Presence of God declared our Abhorrance of Popery Then he Questioned us about our Preaching that day in the Meeting To which we also gave him a Plain and Christian Answer After some Discourse he read part of the Act against Conventicles 22 Car. 2. Cap. 1. and insisted upon it That we were Offenders of it and threatned that he would Fine us 20 l. a man and then demanded of us to Deposit the Money But we told him we had not Freedom to do that although we have Estateâ— Responsible that lie open to the Law where our Habitations are This we told him and did some-what insist upon it that he might not Fâ—ne others on our account And partly to prevent him from imposing the Oath of Allegiance upon us to circumvent and entrap us he being about it questioned us Whether we would take it or not We answered in General That we could take no Oath for Conscience sake and therefore desired him to take that as a Caution not to go about to ensnare us there-with since he had begun with us upon another Statute touching our Meeting He said If we would neither pay the Fines nor take the Oath he would commit us to Goal And finding none ready to deposit the Fines the Informer whispered him in the Ear as he suffered him several times to do though requested by the Prisoners to the contrary Then he enquired When we came into the City and where we lodged and where we set up our Horses To all which we gave him account whereupon one or more of the Informers after some whispering with the Recorder went from him to the Inn where our Horses stood but in the very enterim some Friends took them away unknown to us the Prisoners though some have wrongfully upbraided us in that matter as craftily designing and knowing of it So he told us He would commit us to Prison till next Sessions and there the Oath of Allegiance should be again tendred us and we should be Praemunired if we refused to take it But if we would pay our Fines he should not send us to Prison Which we not doing having told him where our Habitations and Estates were which were Responsible he concluded with these Words viz. De non aparentibus et non existentibus eadem est ratio Of things not appearing and things not in beeing there is the same Reason i.e. Our Estates that are at London and Ware appear not at Norwich therefore they are not in Rerum Natura or not in beeing Strange kind of Logick or Reason in this Case After a little space he told us That if we would give in Security to appear at 〈◊〉 Quarter-Sessions he would not send 〈◊〉 to Goal Which we not having Freedom to give we requested of him That he would but let us lodge out of Prison that Night that convenient Lodging might be made ready in Prison for us it being then some-what late in the Evening we promising God willing to appear at Prison next Morning and some others present proffering to Engage for our forth-coming then No by no means would he grant us that small Civility unless we would Engage in 40 l. Bond or Security for our appearance next Morning at Prison which Kindness of his not being worth farther Discourse we accepted not of it So he sent us that Night to the Goal where we remain satisfied in the Will of the Lord to wait upon him in Patience and Submission to his good Pleasure Many material things passed between us which cannot well be Collected in due Order others are omitted for brevitys sake G.W. T.B. Prisoners Norwich-Goal the 22d day of the 1st Moneth 1680. POSTSCRIPT Note THat among other Reflections the Recorder rendring the said Prisoners Seducers Seditious c. he told them of a Statute yet in Force that was made in Q. Elizabeth's days †35 Eliz. cap. 1. To Hang such Persons as they were Being asked by the Prisoners If he could prosecute them upon that Law or execute it upon them He answered Yes if the King should give Order to have it put in Execution he would do it he would prosecute them and have them Hang'd if they would not abjure the Realm c. or to that effect After the Substance of the Account given before was writ these following Testimonies were by some Friends delivered to the Prisoners wherein are the Names of some of the Tumultuous Disturbers and Informers before-mentioned some whereof refused to tell their own Names when asked in the said Meeting This was observed in the late Disturbance of our Meeting in Norwich the 21st day of the 1st Moneth 1680. That Paul Hartly one of the chief of them was seen to snatch off John Sharpings Hat and threw it a great way over the Peoples Heads in his Wrath. Certified by Ambrose Ansell John Sharping THe 21st day of the 1st Moneth 1680. one Christopher Nobs Clerk of Gregories Parish came into the Meeting at Norwich Pushing on
the Liberty to come before you in your Council-Chamber though it be with a Keeper that we may shew you one material Point of Law in the Statute Book relating to this De novo or New tender of the Oath in your Quarter-Sessions which we now suffer under it being the same Point that we were carâ—est to have shown you out of the Statute Book but were foreinly prevented In granting us this small Request you may happily be capable of doing your selves and us more Justice and Right than you may at present be aware of 'T is not too late to reverse an Error and embrace Truth when made appear in any Case not will any sincer Mind soon the Discovery of either 'T is in Real Love and Good Will to you this Proposition by way of Request is made for your own sakes as well as ours We design no Tediousness to you 〈◊〉 Case is now contract into a arrow Compass What we have to shew you is both very brief and caste to understand 't is directly â—…tuâ—e-Law Out Confinement before Sessions was but One Mans Act but now others of you are concerned Howbeit we may Reansonably as well as Charitably think and believe that both the forcible tender of the Oath whilst not actually discharged and freed from our Imprisonment and the Conclusion against us for our detention were rather the hasty and indiscreet Acts of one Person carried on over your Hands than of the whole Court or Major part thereof and hope that as you calmly come in Gods sight to the Righteous Test of Conscience and Truth and upon better deliberation consult the Law in our Case 't will so appear to your Understandings We are yet willing Charitably to think and hope the best concerning you in this weighty Concern of our Liberties Estates Families and consequently our Lives which are exposed to Jeopardy and Ruin through our present Suffering among you Nevertheless our Case is not desperate in the Eye of the Law They who are appointed Ministers of equal Law and Justice ought to understand both before they pass Judgment or inflict Punishment As Michael Dalton puts the Commissioners of the Peace in mind how that justice may be perverted many wayes if they shall not Arm themselves with the Fear of God the Love of Truth and Justice and with the Authority and Knowledge of the Laws of this Realm c. Among which Causes of Pervertion he mentions these viz. I. FEAR When fearing the Power or Countenance of another they do not Justice quoting Deut. 1.17 II. PERTURBATION of Mind as Anger or such like Passion quoting James 1.20 III. IGNORANCE or Want of True Vnderstanding what is to be done Ignorantia mater erroris IV. PRICIPITATION or too much Rashness as when they proceed hastily without due Examination and Consideration of the Fact and all material Circumstances c. Thus far M.D. We design no Personal Reflection but only tender Information and Caution in these Passages The thing we aim at is but the leave of a few Minutes before you to shew you the Point of Law mentioned which we forbear to relate in Writing to you as not being so proper or seasonable for us to do at present considering the Cercumstances which we are under We are Your Real Friends and Well-wishers George Whitehead Thomas Burr Norwich-Prison the 8th of the 3 Mon. called May 1680. POSTSCRIPT THis Provision we would further add That if so be our Proposal of coming before you in your Council-Chamer may not be accepted or be not thought seizable we then desire you would please to transmit our Request to your Quarter-Sessions yet in beeing upon Adjournment that we may have the Liberty at your next meeting in your Court of Sessions briefly to offer what we have to Plead in point of Law to your serious and more deliberate considerations about the late tender of the Oath de Novo according as we desired farther time for the same purpose when last in Sessions Here follows the substance of a farther Application made by the Prisoners aforesaid to the Mayor Recorder Justices and Aldermen of the City of Norwich delivered to them the 17th day of the 3d Moneth 1680. being the last day of the Quarter-Sessions THe first part relates to the Mediation of certain Persons of Note and Eminency ††Whose Names are not thought meet to insert in this place Some Magistrates of Norwich understood who they were on the Prisoners behalf and particularly by a Letter from London from a Person of Quality on some Application made by some of their Friends there unto which the Prisoners refer the Magistrates in these words viz. We therefore request that you would please to call for the said Letter and know the Contents thereof that if such Mediation may take effect with you for our Enlargment we may not put you nor our selves to trouble upon any further Motion Otherwise if you be not pleased to accept thereof so as to grant us our Enlargment we have another Proposition to make on this wise viz. Whereas we the Prisoners whose Names are hereunto subscribed do find our selves oppressed and grieved not only by the Illegal Proceedings as we conceive of the late Recorder in our Commitment and detention in Prison by two Erronious Warrants which were reverst in Court but also by his late Commitment from Sessions which not only we do conceive to be illegal and contrary to the Form and Order of Law prescribed in the Statutes but also we have the Advice and Judgment of able Counsel in the Case averring This last Commitment Not Good BUT AGAINST LAW c. Upon which Premisses if you please not to allow us Remedy on the Mediation aforesaid we do in Humility request That you will please to call us into Court before this Sessions be ended and grant us the Liberty but briefly to offer our Exception in point of Law unto your serious and deliberate Considerations in order to afford us so much Relief and Right as may either by apparent Law Equity or good Conscience be allowed us Your Friends and Prisoners George Whitehead Thomas Burr Dated Norwich-Goal the 12th of the 3d Moneth 1680. ON the aforesaid 17th day of the 3d Moneth 1680. our Friends Mary Duncon and Mary de France of Norwich attended the Court of Mayor and Justices in their Council-Chamber and delivered the aforesaid Application and Certificates to them where they were read as the Prisoners were informed After the Mayor and Justices came down into the Hall our Friends abovesaid attended the Court of Sessions and moved for the Liberty of the Prisoners as some of the Justices had before directed To which others of them said That could not be for they were committed by Order of Sessions which the Steward being then Judge of the Court in the Recorders absence caused to be read Mary Duncon then requested the Prisoners might be called into Court and heard the new Recorder having promised her as she affirmed