Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	lord_n	richard_n	robert_n	3,887	5	9.7399	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52396	The Norffs president of persecution (unto banishment) against some of the innocent people call'd Quakers, for meeting in the name and fear of the Lord, or, A relation of the proceedings of the court at the quarter sessions holden at the castle in Norwich the 20 day of the 12. moneth call'd February, 1665 where Francis Cory, Recorder of the city of Norwich sat for judge with John Crafts, Dean of Norwich, with other justices of the peace (so called), upon Henry Kittle Jun., Edmund Rack, Richard Cockerel, and Robert Elden, call'd Quakers.	Kittle, Henry, defendant.; Rack, Edmund, d. 1682, defendant.	1666 (1666)	Wing N1229; ESTC R15877	12,032	15

THE NORFFS PRESIDENT OF PERSECUTION VNTO BANISHMENT Against some of the Innocent People CALL'D QUAKERS FOR Meeting in the Name and fear of the Lord. OR A RELATION OF THE Proceedings of the Court at the Quarter Sessions holden at the Castle in Norwich the 20 day of the 12. Moneth call'd February 1665. where Francis Cory Recorder of the City of Norwich sat for Judge with John Crafts Dean of Norwich with other Justices of the peace so call'd upon Henry Kittle Jun. Edmund Rack Richard Cockerel and Robert Elden call'd Quakers Printed in the Year 1666. The Norffs President of Persecution c. FIrst the Prisoners presented a Letter to the Grand Inquest because they understood they were to pass upon them and not to hear them personally to make their defence to state the Innocency of their cause to them Which was as followeth Friends We who are Prisoners in the Castle who are reproachfully call'd Quakers understanding that you as the body of the County are to pass upon us either to be our Accusers or Excusers and that our Cause must pass through your hands without hearing of us personally to make our defence We desire to lay these few Considerations before you First That the Sessions lately past were sufficiently known and that our Prosecutors were here and if they had any thing justly to have charg'd upon us they ought to have proceeded then Secondly That we being Prisoners at Common Law or a penal Statute ought if any thing had been charged upon us to have been tried forthwith at the next general Sessions and Goal delivery and that by the ordinary Jury that served upon other Prisoners and not to have a particular Sessions and Jury picked on purpose for us but if nothing had been charged upon us we ought to have enjoyed the benefit of the Goal delivery Thirdly We have cause to believe that our Prosecutors have misinformed the Court thereby to procure an Adjournment that so either they might bring some new evidence or procure some other to joyne with them that so their evidence might appear more specious Fourthly We desire you to take notice that the Records for the first and second Convictions so call'd were not made in Parchment and so no Records in Law And those Writings that were made were not made under Seal as we remember and so no evidence or conviction in Law And if any other then such shall be presented to you we desire you to require proof of them Fifthly At the second Conviction so call'd we conceive there were not a sufficient number of persons to bring us under the Act although an exercise in Religion had been proved against us in other manner then is allowed by the Liturgy or practice of the Church of England Sixthly We desire you to consider the third Provizo in the Act which saith that no persons shall be punished for any offence against this Act unless such offenders be prosecuted for the same within three Moneths after the offence committed And there being above three Moneths passed since we were charged and committed as offenders whether we be not to be discharged by the said Provizo in the Act For it doth not say you shall be prosecuting such offenders within three Moneths but that such offenders shall be prosecuted within three Moneths or else not to be punished for any offence against this Act. Seventhly We desire you carefully to examine such Witnesses as shall be brought in against us to prove what Religious Worship they see us in the exercise of and whether it were contrary to what the Liturgy of the Church of England doth allow of For the Law is not against meeting to worship God according to the Liturgy which saith See Communion upon the Feast of Trinity so call'd It is very meet right and our bounden duty that we should at all times and in all places perform duty to God But against such as under pretence to meet to worship contrive Insurrections as late experience had shewed Which can never be proved against us These things we desire to lay before you not with any desire or intent to divert you from justice and equity but that you may in some measure understand the innocency of our Cause and where the Law provide for our Acquital you might not be our accusers but that justice and equity may run in its right chanel and judgment and loving kindness and Righteousness may be exercised by you in which the Lord doth delight and so the Blessing of the Lord may be upon you Which is the desire of us who seek the good of all Men Edmund Rack Richard Cockerele Henry Kittle Junior Robert Elden A Relation of the Proceedings of the Court c. THe Court being set the Prisoners were call'd to the Bar. The Clerk read the Inditement the substance of which was for being at an unlawful Meeting under colour and pretence of exercise in Religion contrary to the Liturgy of the Church of England with force and aimes contrary to the peace of our Soveraign Lord the King his Crown and Dignity and against the Statute in that case made and provided Clerk What say you Guilty or not Guilty Prisoner I desire to be heard a few words Judge You must first plead Pris I desire to be heard I stand here as a Prisoner and not barely as a Prisoner but as a free born Englishman and conceive I have right to all the Privileges of the Law of England which have a tender care of the life of Man and also their liberty Now I conceive we have had very hard measure that we have been Prisoners almost four Moneths and the Sessions past over and we not call'd I desire to know what was the reason that the Sessions past over and we not call'd as well as other Prisoners Judge You must plead Pris I desire to know a piece of a Reason why we might not enjoy the benefit of the Goal delivery as other Prisoners did Clerk The Court is not bound to give you a Reason Judge You must plead the Question is but short Guilty or not Guilty Pris I desire to know why we were not tryed the last Sessions Judge It is the same Sessions will you plead Pris But I desire some information about the Inditement that I may know what I am to plead to What do you mean by the Liturgy of the Church of England for I understand I am indited for an exercise not allowed by the Liturgy The Dean By the Liturgie is meant the Common Prayer Book with its Appurtenances Pris Doth not the Common Prayer allow of that which it layeth down as a duty And which it seems to pray for The Dean The Common Prayer doth not allow People to Worship God but by it Judge You know the Penalty will you plead or not Pris I desire to be heard for my Information Judge When you have pleaded you shall be heard Pris Well then I am content to plead I am not

guilty of this Inditement as it is laid down in matter and form Another Pris I am not guilty of the breach of any just Law A Justice to a Prisoner I believe you will not tell a lie will you Pris I did not come hither for that purpose Justice Did you not wilfully meet in opposition to this Law Pris I never met in opposition to the Law neither I believe did I do any thing justly to bring me within compass of the Law Then the Justice sat down and said no more to the Prisoner Pris I desire to have some words with John Crofts who was the Dean concerning the Liturgy what it allowes of Judge The Court cannot wait upon you Pris F. Cory didst thou not promise me that when I pleaded I should be heard hast thou so soon forgot thy promise is thy memory so shallow Judge Well well you are very saucy Dean I would willingly have some conference with you but privately * And why not publiquely Pris With all my heart Another Prisoner said we have been here almost 16. weeks and none of you would come at us and you could not choose but be sensible we were here Clerk You are to come upon your trial in the Afternoon therefore prepare for your trial The Court adjourn'd till two of the Clock About four of the Clock the Court sat and the Prisoners were call'd to the Bar and the Jury call'd to be sworn Pris Let the Jury come to the Bar that we may see them and they see us Clerk The Jury is well enough Pris But we cannot know them from the people neither can they well hear us they stand so throng'd among the people let us have the privilege that Thieves and Murtherers have to have the Jury come to the Bar that God and Man may hear and see their Judgment whether it be just and equal or not Judge You must not prescribe Rules to the Court. Clerk You are very bold (a) We may see Innocency is bold in this Age also The Jury was sworn and the Clerk began to read the Inditement Pris That is none of our (b) What Justice could be expected from such as will change an Inditement against Prisoners Inditement Clerk It is your Inditement Pris But it is not the same that we pleaded to in the Forenoon Judge How do you know that it is not the Inditement Pris I see it and know it 's not the same (c) By these reasons it will appear 1. the colour of the Parchment the 1st Inditement being a course Parchment with a flaw in the back and the Writing much obliterated the 2. Inditement was a clear Parchment and a fair hand writing without obliterations or rac●ings and longer by 2. or 3. fingers breadth in our apprehension 2ly the day of the Conviction was altered for the first Inditement ran the 28. of Feb. and the second was dated the 22. of February It 's not the same Parchment we are abused Jurymen take notice the Inditement is altered Judge It is your Inditement Pris Let it be proved was ever the like seen that we should have our Inditement altered after we have Pleaded Is this Law Judge Go one So the Clerk read the Inditement Clerk Do you desire to have the Records read Pris Yes by all meanes and proved Part of the Records were read and the Clerk said there is enough read to serve your turns and two Witnesses sworn Judge to the Witness Did you see the Records sealed Witness Yes Pris When The Witness silent But the Clerk answered the Court takes no (d) The Court takes no notice of that which makes for the benefit of the Prisoner what manner of Councel will they be then for the Prisoner for they will say sometime to Prisoners we are to be your Councel as we know they should according to Law if they could keep to the Law and inform the Prisoner what makes for his benefit notice of that the Records are sealed now Pris I desire the Court to ask the Witness when these Records were sealed Judge It is no matter if they were Sealed but yesterday Then one of the Witness replyed I saw Mr. Kendle seal them on Friday last The Prisoner prest it upon the other Witness to know when he saw them sealed but he would not speak at all to it (e) But Witness should testifie the whole truth Clerk to the Jury You see we have proved the two first Convictions Now to the Third Pris They are not proved yet The Witness call'd and sworn to prove the third Conviction Capt. Morris Shelton gave in evidence that he received a Letter from his Couzen Wright that there was an unlawful Assembly at Edm. Rack's of Kilverston And so he came according to his duty and found about 14. Persons in the House fitting together in a Malencholy posture but neither saw them do any thing nor heard them say any thing (f) O sad what a lamentable age we live in that a Judge should pass sentence upon men to be banisht for 7. years out of their Native Land for neither saying any thing nor doing any thing The other Witness said he was not within in the Room but looked in at the door and saw them sit there but neither heard them say any thing nor see them do any thing Judge Wherefore came you thither what was your intents Pris Ask the Witness c. Judge Can they tell your intent Pris Ask them try if they can't I may Another Witness sworn Tho. Wright one of the (g) Is this legal proceedings that one of the Justices that sat in the Court shold be a Witness against the Prisoners and does the Law intend this also for shame let not these proceedings be ●●●thered upon the Law of England Justices so call'd that sat in the Court and gave in a paper call'd our Examination which said we confest we * And what is that all the Evidence you have against them to banish them 7● years out of their Native Land for being met in the Name and fear of the Lord Is this become a crime in our English Nation O horrable it is too hear and it even grieves us to think these things should be related for shame let not these things be told in other Nations And let there be warnings taken by the Judges and Justices not to pe●sist any more in bringing the guilt of thus sadly oppressing the Innocent upon them and our English Nation f●r by such unjust proceedings will it be brought into more misery dishonour and a reproach among other Nations met in the name and fear of the Ld. Pris That is none of my Examination Judge The Justice have sworn it that 's enough Pris Then he have done me the more wrong for I never yielded to an Examination but alwayes sent them to the Witnesses And if any other said so it ought not to be put upon my