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A63218 The Tryals of Peter Boss, George Keith, Thomas Budd, and William Bradford, Quakers for several great misdemeanors (as was pretended by their adversaries) before a court of Quakers at the sessions held at Philadelphia in Pensylvania, the ninth, tenth, and twelfth days of December, 1692 : giving also an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716.; Boss, Peter. 1693 (1693) Wing T2254; ESTC R26327 33,587 38

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Body would do what in them lay to ruin him and his Family for whereas he kept an Ordinary and for his License so to do had paid Governor Lloyd Twelve Pieces of Eight which is Three Pound Twelve Shillings for the last twelve Months before No inconsiderable Price for a License yet they now proceeded to suppress his keeping of an Ordinary though he had fulfilled and in no respect transgressed the Conditions of his License as will appear by a Copy of the said License which here follows verbatim viz. By the Lieutenant Governor Philadelphia Ss JOhn M ” Comb requesting License from me to keep an Ordinary in Philadelphia and he being recommended to me as a fit and qualified Person for such an Imploy I do hereby admit and License the said John M ” Comb to keep an Ordinary or a House of Publick Entertainment in the House he now lives in he taking care according to Law to keep good Orders and sufficient Conveniences for Man and Horse This License to continue for a Twelve Month ensuing the date hereof Given at Philadelphia the Tenth day of the 4th Month 1692. Thomas Lloyd Now let us hear what great and heinous Crimes are alledged for the suppressing John M ” Comb in his Imploy If he had trangrest any Law or broke any Conditions in his License they ought to have call'd him before them and convicted him thereof but without ever so doing they suppress his so-dear-bought-License as follows At a Court held at Philadelphia the 4th of October 1692. THE Court taking notice of John M ” Comb 's Contemptuous Behaviour as also his spreading a Seditious Paper in his House to the Disturbance of the Peace do therefore suppress his License and do Command him not to presume to keep an Ordinary after the Tenth Day of the next Month being November on pain of incurring the Penalty of the Forfeiture of Five Pound for keeping an Ordinary without a License And that notice be given him of this Order A true Copy by John White Deputy-Clerk Note That the Contemptuous Behaviour they mention was his and W. B's requesting of the Court to come to a Trial as before is related and the Seditious Paper they mention was the printed Appeal which he having bought two of them and some Persons happening to see them got them from him again because it suited not with their convenience to go so far as the Printer's and J. M. did not buy or receive them to sell again but his disposing of those two Papers was accidental and for which he was imprisoned and to come to Trial for it but this satisfied not these cruel Men for they make that a main matter whereby to suppress his License No less than Two Punishments for One Offence and yet though they were so zealously warm to prosecute and punish these Offenders and which they said they could not avoid without violating their Trust to the King and Governor yet without any Violation of their said Trust they could pass by several others that were much more concerned in spreading those Papers than J. M. Oh! the Partiality Deceit and Cruelty of these Men This Sessions passeth over and the said Persons continued under Duress till the next Sessions which being come let us hear the Proceedings which here follows viz. At a Court of Quarter-Sessions held by the King and Queens Authority and in the Proprietary's Name at Philadelphia the 6 7 8 9 10 and 12 days of the 10th Month 1692. There being present on the Bench as Justices Samuel Jenings Arthur Cook Samuel Richardson Robert Ewer Henry Waddy Griffith Owen Quakers John Holmes Robert Turner 10th and 12th days Lacy Cock and Anthony Morris on the 12th day The Names of the Persons that presented Peter Boss George Keith Thomas Budd William Bradford c. † Alexander Beardsly † William Carter † John Jennit Will. Oxly Emanuel Dauson William Allaway Lewis Thomas Reece Peters John Comes Christopher Pennock Mouns Jones Thomas Griffith † William Harwood William Hearn William Finley Will. Lawrance Observ That most if not all of these Men are known to be highly prejudiced against G. K. T. B. and those that ioyn with them because of their zealous Testimony to Christ without as well as Christ within And John White Sheriff is known to be greatly prejudiced against them who packt this Jury on purpose to present and defame G. K. and the rest as was in some degree well observed by Justice Holme when he saw they brought in new Presentments against G. K. in matters concerning their Religious Differences for which he was sharply reproved and menaced on the Bench by Samuel Jenings and Arthur Cook the last saying They were the Fathers of the Country and they had done well and like honest men in bringing in those Presentments and they gave them Thanks for their care and pains but said Justice Cook if they must be found fault with who will serve upon a Grand Jury and so went on highly resenting those few words Justice Holme had spoke Arthur Cook not minding that himself had said some little time before to a Grand Jury of more substantial Men than these upon their bringing in a Presentment that did not please him you are a Company of Infamous Men and for which he was presented by the next Grand Jury but 't is supposed that Presentment was buried in the Clerks Study of Oblivion for we have never heard more of it The 9th day of the 10th Month Peter Boss call'd into Court and set to the Bar. Cryer O yes Silence is commanded upon pain of Imprisonment The Indictment read Philadelphia the 5th of the 8th Month 1692. We of the Grand Jury for the Body of this County do present Peter Boss for that he hath accused Samuel Jenings being a Magisterial Officer with being an unjust Judge and of his being Drunk and of laying a Wager with John Slocum and for many other scandalous reproachful and malicious Expressions to the Defaming of him and tending to the Disturbance of the Peace contrary to the Law in that case made and provided Clerk Peter Boss What saist thou art thou guilty or not guilty Peter Boss Not guilty in manner and form as there presented Clerk By whom wilt thou be tryed Peter Boss By God and the Country Clerk Call over the Jury Humphery Waterman Joseph Kirle † Thomas Wharton Tho. Marle Richard Sutton Samuel Hoult † James Fox Abraham Hardiman Nicholas Rideout Thomas Morris Richard Walter † John Whitpane Clerk Dost thou object any thing against any of these Persons Prisoner Yes I object against all of them that are called Quakers because they are such as I know to be deeply prejudiced against G. K. and all that favour him but am willing to be tryed by any that are not called Quakers or such of them as are not manifestly prejudiced But they would not allow of his Exception Whereupon the Jury were attested The form of the Attestation as follows viz. In the
Impudent Rascal this they would falsly insinuate as also That before long he 'll go into the Council-Room and into the Courts and there Revile the Counsellours and Magistrates and call them impudent Rascals Oh the horrid Impudency of those Men Let Shame cover their Faces if they have any in them And whereas they further say That G. K. with several of his Adherents with an unusual Insolency having Traduced the Industry Care and Vigilancy of some Magistrates here in their late Proceedings against some Privateers c. and hath thereby also defamed and arraigned the Determinations of the Provincial Judicatory c. As if G. K. and several others had printed a Book and defamed and arraigned them and denyed their Power of Magistracy whereas all that impartially read the said printed Appeal will find that G. K. did not defame nor arraign them but they having given a Commission and hired Men to fight which was diametrically opposite and contrary to the often declared and known Principle of the People called Quakers against all use of the Carnal Sword it was proposed amongst other things to be considered by all faithful Friends at the Yearly Meeting whether these Men ought not to be condemned and disowned as Quakers but it was never intended to deny them to be Magistrates for as Magistrates they were obliged to do what they did and it was commendable in them who did so commissionate and hire Men to fight and also search the Town for Arms c. But the great Question is Whether they did not transgress as they professed to be Ministers and Quakers If nay but that the Care and Vigilancy of these Magistrates here at Philadelphia called Quakers is worthy of Commendation as they intimate for saving of a Sloop by Force of Arms how much more shall their Care and Vigilancy be worthy of Commendation to raise a Militia to save and defend the whole Country if any occasion should offer But how steadfast this doth manifest them to be the Quakers Principle of Refusing in all cases to fight and that for Conscience sake I shall leave all to judge I always thought that which was a matter of Conscience to the Quakers in Old England Barbadoes and other places had been a matter of Conscience to them under a Government of their own but I find the contrary in these Magistrates and many others joyned with them here But that which seems the most strange to several observing Persons in this place is that several called Quakers in Maryland Barbadoes and other places that pretend its a matter of Conscience to them not to bear Arms yet now will own these here in that Practice unless they now think to leave that Article out of their Creed In the next place whereas Peter Boss being offended with the Judgment of the 28. writ a Letter to Samuel Jenings being then in Church-Fellowship with him showing his Dislike thereof and telling S. J. of some of the Scandals he lay under for this they issued forth a Warrant against him and put him into Prison without ever dealing with him in a Church Method and at the next Court presented him for the same to which Court he was bound to answer where he gave his Attendance with his Witnesses ready but not brought to Trial although much desired by him and his Wife who urged the Injuries of the delay thereof At the same Court William Bradford and John M “ Comb appeared and desired they might come to a Trial it being greatly to their Prejudice to be kept Prisoners and saying it is provided by Magna Charta That Justice shall not be delayed to any and we being free born English Subjects claim this as our Priviledge and hope this Court will not deny it us because not only our Persons are restrained but William Bradford's Working Tools are detained from him with which he should work to maintain his Family Justice Cook said What Bold Impudent and Confident Fellows are these to stand thus confidently before the Court J. M “ Comb. You may cause our Hats to be taken off if you please W. Bradford We are here only to desire that which is the right of every free-born English Subject which is speedy Justice and its strange that that should be accounted Impudence and we Impudent Fellows therefore when we have spoke nothing but words of Truth and Soberness in requesting that which is our Right and which we want it being greatly to our prejudice to be detained Prisoners J. Cook speaking to W. Bradford said If thou hadst been in England thou wouldst have had thy Back slasht before now W. B. I do not know wherein I have broke any Law so as to incur any such Punishment Justice Jenings Thou art very ignorant in the Law surely does not thou know that there 's a Law that every Printer shall put his Name to the Book he prints or the Press is forfeited W. B. I know there was such a Law and I know when it expired J. Cook But it is revived again and is in force and without any regard to the matter of the Book provides That the Printer shall put his Name to all that he prints which thou hast not done But waving from that the Prisoners still press'd for a Tryal To which Justice Cook said A Trial you shall have and that to your Cost too it may be And Justice Jenings said A Tryal you shall have but for some Reason known to us the Court defers it to the next Sessions and that is the Answer we give and no other you shall have All this time John White Sheriff pleaded vehemently against the Prisoners greatly aggravating their pretended Crimes and when complained of that the Sheriff through whose hands goes all Fines and Forfeitures should be so bitter an Attorney against the Prisoners he cloaked it under the Visor of a Prothonitor So this Court passed over and the said Persons not brought to Tryal but yet not wholly barren of Action nor void of Injustice for tho' they had not only got W. Bradford into Prison and taken his Letters from him with which he should work and his Paper and Books out of his Shop but also they had got the Body of John M ” Comb with which one would think they might have been satisfied had any thing of tenderness remained in them the time they committed him being when his Wife was newly brought to Bed and who lay very weak in a strong Fever and several thought she would not live and tho' he acquainted them of her Condition and how destitute his Family was requesting them to let him go home and he would promise to be ready at any time they should call for him This they would not grant but to Prison he was sent tho' to give every one their due White the Goaler was so kind as to let him go home an hour or two sometimes in an Evening after it was dark yet our hot-spur'd Justices being not satisfied with having his
to they know not what who were not present at either of the Meetings so consequently did not hear the words charged on G. K. to be spoke by him c. but have taken all upon Trust and signed as a Man that would be a false Witness to a Bill or Bond for Money where none is due 'T is hoped that some will see their over-haste and repent it as well as others have done How can you expect this Act of yours will be accounted Righteous Judgment to condemn a Man for Words and cover one anothers Deeds as well as worse words in and among our selves Has J. S. ever been dealt with for his many Enormous palpable gross Miscarriages chargeable upon him his Greatness and Pride so Insolent and Lofty none dared to touch him and for his abuses to a poor Worm who writ to him for Justice and Satisfaction could have no answer of said Letter and being discontented to hear him preach to an Auditory knowing his Life to be unsavoury and an Unjust Judge I write the second Letter to him of dislike to his Preaching which after he had read flung it in the Fire Why did he not answer it and get satisfaction from the Author but that he knew himself Tardy resolv'd to exercise Bonner 's Cruelty on my poor Paper And its matter of Sorrow there 's divers among you know enough of S. J. but you cover him and one another and whom you please to abase down with him amain do you think people are blind and without sense Be it known they see they hear c. 1. Pray let it be queried into whether it was not true that S. J. did wage his Horse with John Slocum to ride a Race with their Horses and whether J. Slocum did not refuse to take the Advantage of him because S. J. was Drunk c 2. And pray let it be inquired into whether S. J. at another time was not so drunk could scarce get over the Ship side of Joseph Bryar when at Burlington 3. And pray let it be inquired whether the said S. J. did not wickedly in surveying a Tract of Land which Joh. Antrum had actually begun to do 4. And pray let it be enquired into whether S. J. did not take away the Meadow of Richard Matthews who being in England took the Advantage What the Effect will be Time must manifest how Odious he will render others for S. J 's sake he being a pretty eminent man in London 5. And pray let it be enquired into the Actions and Abuses of S. J. to John Skeen deceased which should have been answered at Burlington Meeting 6. And pray let it be enquired into whether it was S. J. or J. Simcock that was by two Persons carried to Bed Drunk 7. And pray let it be further enquired into whether it was the said S. J. or J. Simcock that was so drunk lost a Coat that was borrowed of another man c Seeing so many of you have condemned G. K. for words let these Actions be also condemned they being as great Pretenders to be Ministers as him And pray take special care this be not burnt as the former having a Copy of the same Peter Boss Which being read Peter Boss produced the Testimonies of several credible Persons concerning the matters contained in the said Letter and prest hard to have them read because they proved some of the things queried at least But they were very unwilling to have them read saying It was no evidence unless the persons were present in Court altho' it is well known that Attestations in writing have been often accepted in this Court and it may be noted that at the former Sessions he had his Witnesses ready in Person waiting all the time of the Court which was great Charge to him but by reason of the Extremity of the Weather could not be present now However at last through much importunity they admitted some of the Papers to be read which here follow viz. Concerning a Report which has been about Sam. Jening 's riding a Wager with John Slocum I do here testifie That about three Years now past Sarah Biddle Wife of W. Biddle senior she being at Burlington did tell it me thus as followeth That she reproving her Son William who had been riding hard she said his answer was Why Mother may not I so well as Sam. Jenings he could ride a Race or did ride one with John Slocum and John won his Horse but he would not take the advantage of Samuel because Samuel was Cacuse John Slocum said says William to his Mother This I do here affirm that I had it from Sarah Biddle 's one mouth and that we understand the word Cacuse to be drunk Mary Budd Burlington in West-New-Jersey the 1st of October 1692. Attested before me Edward Hemlock Justice Whereas there is a report of S. Jenings riding a Race with J. Slocum thus much I William Bustill do hereby affirm to the truth of the said Report Will. Biddle sen did tell me that S. Jenings and J. Slocum did ride a Race together and that John did win S. Jenings Horse which was a white Gray and that which J. Slocum did ride on W. Biddle did buy of J. Slocum and that it was at or about the time when the Provinces were divided and that the Race was run in some place between Amboy and George Keith 's Land in East-Jersey as they came from Amboy Will. Bastill October the 21th 1692. As concerning a Report of S. Jenings riding a Race with J. Slocum about three Years ago W. Biddle sen at Dinner and his Wife in company at his own House did tell me that S. Jenings did ride a Wager with J. Slocum and lost his Horse which I am ready to be attested to if further need shall require as witness my hand hereunto set this second of Novemb. 1692. Henry Beck Memorand That my Sister Sarah Bainbridge told me that William Biddle did say in her hearing that as he was riding from East Jersey towards his own House he heard a noise whereupon he looked behind him and did see Sam. Jenings and J. Slocum rid after him very fast and J. Slocum said to S. Jenings I have won thy Horse as fair as ever any man won any thing in this World John Bainbridge As concerning the Report that S. Jenings surveyed the Meadow of Rich. Matthews I have this to say being then and there present I being Assistant at that time to Simon Charles in surveying Land for Samuel I went with S. Jenings to the said Meadow and told him that was the Meadow that I had formerly surveyed to Rich. Matthews He bid me shew him the Lines of the survey we went and searched and found only one Tree or two marked by the Meadow side and no more for there had been a Fire that had not only burnt up most of the Trees there by the Root but also the surface of the Meadow it self so that we could find
discoursed of and resolved by the People called Quakers at the said Yearly Meeting and that they might have timely notice of the said Appeal and be the better prepared to answer it G. K. procured the said Appeal to be printed Which was no sooner done but they issued forth a Warrant and apprehended William Bradford the Printer and John M ” comb who as they were informed had disposed of two of the said Papers and committed the said W. B. and J. M. to Goal and also seized all the said Papers they could meet with and took away a good quantity of W. Bradford's Letters tending to the disabling of him to work for his Wife and Children and upon pretence of another Warrant granted without any Conviction Signed by Samuel Jenings and Robert Ewer Justices John White the Sheriff took Goods out of the Shop of Will. Bradford half as much more as the said Warrant was for Whether these Actions are most like to the poor despised and persecuted Quakers or their Persecutors is left to all impartial People to judge Here follows a Copy of the Mittimus WHereas William Bradford Printer and John M ” Comb Taylor being brought before us upon an Information of Publishing Uttering and Spreading a Malicious and Seditious Paper Entituled An Appeal from the twenty eight Judges to the Spirit of Truth c. Tending to the Disturbance of the Peace and Subversion of the present Government and the said Persons being required to give Security to answer it at the next Court but they refusing so to do These are therefore by the King and Queen's Authority and in our Proprietary's Name to require You to take into your Custody the Bodies of William Bradford and John M ” Comb and them safely keep till they shall be discharged by due Course of Law Whereof fail not at your Peril and for your so doing this shall be your sufficient Warrant Given under our Hands and Seals this 24th of August 1692. These to John White Sheriff of Philadelphia or his Deputy Arthur Cook Samuel Jennings Samuel Richardson Humphry Murrey Robert Ewer Now though they had got these two poor Men into Goal and tho' all sober People did resent their Proceedings very ill and as proceeding from a cruel Spirit of Persecution yet the next day they met again in order to proceed against G. K. and several other Persons in the like manner and sent for two other Justices that were not called Quakers to assist them in this work of prosecuting several seditious and dangerous Persons that were like to subvert the Government as they pretended but contrary to their Expectation the said two Justices that were not called Quakers viz. Lacy Cook a Lutheran and John Holme a Baptist declared their dissent from them in these Proceedings signifying That the matter was a Religious Difference among themselves viz. the Quakers and did not relate to the Government John Holme particularly advising them to send for Geo. Keith and let him interpret his own words and upon a hearing of him if it any way appears that he strikes at the Government I will said Justice Holme joyn with you against him with Heart and Hand But this Advice had no weight with them whereupon the said two Justices left them and our New modelled Persecuting Quakers being warmly bent to root out Sedition forsooth proceeded in their Work and as they had judged G. K. in their Spiritual Court without all Hearing or Trial so in like manner they prosecuted him in their Temporal Court without all hearing Why to have done otherwise would have given the Lie and Contradiction to their Spirit of Discerning which Justice Cook declared to be such That they could judge of matters of Fact without Evidence and therefore it would have been ridiculous for them to have sent for G. K. and asked him Whether he was the Author of such a Paper that his Name was to Or to have enquired of him Whether it was against the Government that he intended by such and such words therein No for their Spirit of Discerning told them all that and therefore without more to do proclaimed G. K. by the common Crier in the Market-place To be a Seditious Person and an Enemy to the King and Queens Government But these Magistrates would do well to consider the Actions and End of Empson and Dudly and whether they have not violated the Fundamental Laws of English Subjects as well as they and that in convicting Men without Trial as shall be made appear anon 1st in the Case of George Keith and Tho. Budd 2ly In the Case of William Bradford And 3ly in the Case of John M ” Comb. 1st Here follows a Copy of the Publick Writing that was proclaimed by the Common Crier in the Market-place against G. K. At a Private Sessions held for the Country of Philadelphia the 25th of the 6th Month 1692. before Arthur Cook Samuel Jenings Samuel Richardson Humphry Murry Anthony Morris Robert Ewer Justices of the County WHereas the Government of this Province being by the late King of England ' s peculiar Favour vested and sithence continued in Governour Penn who thought fit to make his and our worthy Friend Thomas Lloyd his Deputy Governour by and under whom the Magistrates do act in this Government And whereas it hath been proved before us that George Keith being a Resident here did contrary to his Duty publickly revile the said Deputy Governour calling him an impudent Man telling him he was not fit to be Governour and that his Name would stink with many other slighting and abusive Expressions both to him and the Magistrates and he that useth such Exorbitancy of Speech towards the said Governour may be supposed will easily dare to call the Members of Council and Magistrates Impudent Rascals as he hath lately called one in an open Assembly that was constituted by the Proprietary to be a Magistrate And he also charges the Magistrates who are Ministers here with engrossing the Magistratical Power into their Hands that they might usurp Authority over him saying also He hoped in God he should shortly see their Power taken from them which he acted in a most indecent manner And further the said G. K. with several of his Adherents having some few days since with an unusual Insolency by a printed Sheet called an Appeal c. Traduced and vilely misrepresented the Industry Care Readiness and Vigilancy of some Magistrates and others here in their late Proceedings against some Privateers viz. Babit and his Crew in order to bring them to Condign Punishment whereby to discourage such Attempts for the future and hath thereby also defamed and arraigned the Determinations of Provincial Judicatory against Murtherers and not only so but by a wrong Insinuation have laboured to possess the Readers of their Pamphlet That it is inconsistent for those who are Ministers of the Gospel to act as Magistrates Now forasmuch as we as well as others have born and still do patiently endure the said