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judgement_n assign_v error_n writ_n 4,504 5 9.8539 5 true
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A84839 The West answering to the North in the fierce and cruel persecution of the manifestation of the Son of God, as appears in the following short relation of the unheard of, and inhumane sufferings of Geo. Fox, Edw. Pyot, and William Salt at Lanceston in the county of Cornwall, and of Ben. Maynard, Iames Mires, Ios. Coale, Ia. Godfrey, Io. Ellice, and Anne Blacking, in the same gaole, town, and county. And of one and twenty men, and women taken up in the space of a few dayes on the high wayes of Devon, ... Also a sober reasoning in the law with Chief Justice Glynne concerning his proceedings ... And a legall arraignment for the indictment of the hat, ... And many other materiall and strange passages at their apprehensions and tryals ... Fox, George, 1624-1691. 1657 (1657) Wing F1988; Thomason E900_3; ESTC R202187 140,064 174

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not the crie thinkest thou gone up It is time for thee to set to thine hand O Lord for thine enemies have made void thy law draws not the hour nigh fills not up the measure of iniquitie apace Surely your day is coming and hastneth warned you have been from the presence and by the mouth of the Lord and clear will he be when he cometh to judgement and upright when he giveth sentence That of God in every one of your consciences shall so to him bear witness and confess and your mouths shall be stopped and before your Judge shall you be silent when he shall divide you your portion and render unto you according unto your deeds Therefore whilst thou hast time prize it and repent for verily our God shall come and shall not keep silence a fire shall devoure before him and it shall be very tempestuous round about him he shall call to the Heavens from above and to the earth that he may Judge his people and the Heavens shall declare his righteousness for God is Judge himself Consider this ye that forget God least he tear you to pieces and there be none to deliver And Friend shouldst thou have given judgement against us wherein thou didst fine us 20. marks apiece and imprisonment till payment without causing us being Prisoners to be brought before thee to hear the judgement and to move what we had to say in arrest of judgement Is not this contrary to the law as is manifest to those who understand the proceedings thereof Is not the Prisoner to be called before judgement is given and is not the Indictment to be read and the verdict thereupon and is not libertie to be given him to move in Arrest of judgement and if it be a just exception in the law ought not there to be an Arrest of Iudgement For the Indictment may not be drawn up according to law and may be wrong placed and the offence charged therein may not be a cr me in law ●r the Jurors may have been corrupted or menaced or set on by some of the Iustices with other particulars which are known to be legall and just exceptions And the judgement ought to be in his hearing not behind his back as if the Iudge were so conscious of the error thereof that he dares not give it to the face of the Prisoner But none of those Priviledges of the law this Iustice we who had so long and so greatly suffered contrary to law received not nor could have at thy hands no not so much as a sight or Copy of that long and new-found Indictment which in England was never heard of before nor that the matter contained therein was an offence in law nor ever was there any law or judiciall president that made it so though two friends in our names and behalves that night and the next day and the day following often desired it of the Clarke of Assize and his Assistant and servants but it they could not have nor so much liberty as to see it And 't is like it was not unknown or unperceived by thee that had we been called as we ought to have been or had known when it was to be given three or four words might have made a sufficient legall Arrest of that new-found Indictment and the verdict thereupon Therefore as our liberties vvho are innocent have not been worth in thy account the minding and esteemed fit for nothing but to be trampled underfoot and destroyed so if we find fault with what thou hast done thou hast taken care that no door be left open to us in the law but a Writ of error the consideration whereof and the judgement to be given thereon is to be had onely where thy self is chief of vvhom such complaint is to be made and the error assigned for the reverse of thy judgement and vvhat the fruit of that may be well expected to be by what vve have already mentioned as having received at hy hands thou hast given us to understand And here thou mayst think thou hast made thy self secure and sufficiently barr'd up our way of relief against whom though thou knowest we had done nothing contrary to the Law or worthy of Bonds much less of the Bonds and sufferings we had sustaind thou hast proceeded as hath been rehearsed Notwithstanding that thou art as are all the Judges of the Nation intrusted not with a Legisllative power but to administer Justice and to do EVEN Law and excecution of right to all high and low rich and poor without having regard to any mans person and art sworn so to do as hath been said and wherein thou dost contrary art liable to punishment as ceasing from being a Judge and becoming a wrong doer and an oppressor which what it is to be many of thy Predecessors have understood some by death others by fine and imprisonment And of this thou may'st not be ignorant that to deny a prisoner any of the priviledges the Law allowes him is to deny him justice to try him in an arbitrary way to rob him of that libertie which the Law giveth him which is his Inheritance as a freeman and which to do in effect is to subvert the fundamentall Lawe and Government of England and to introduce an Arbitrary and tyrannicall Government against Law which is treason by the common Law and treasons by the common Law are not taken away by the Statutes of 25. E. 3. 1. H. 4. 1. 2. M. see O. St. Johns now Chief Justice of the Common Pleas his argument against Strafford fol. 65. c. in the Case And these things friend we have laid before thee in all plainess to the end that with the light of Jesus Christ who lighteth every one that cometh into the World a measure of which thou hast received which sheweth the evill and reproveth thee for sin for which thou must be accountable thou being still and coole may'st consider and see what thou hast done against the innocent and shame may overtake thee and thou turn unto the Lord who now calleth thee to repentance through his servants who for witnessing his living truth in them thou hast cast into and yet continuest under cruell Bonds and Sufferings From the Gaole in Lanceston the 4. day of the 5. month 1656. Edward Pyot By which Letter it is manifest that upon their tryall no accuser nor accusation came in against them as to the cause of their Commitment nor indeed could any of the allegations in the Warrant ETCETERA bear weight in Law as hath been demonstrated Nevertheless set at libertie they were not though they suffred nine weekes wrong Imprisonment and such other abuses as hath been mentioned but after all the diligent searchings of whatsoever could be thought on wherewithall to accuse them in order to their further sufferings nothing appearing as to what they could be charged that the Law of the Land found fault with matter was sought after as to the Law of their God in