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justice_n officer_n peace_n warrant_n 4,958 5 10.2182 5 true
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A60656 The standing truth in which may be seen how every ones house is ordered and how their families are provided and what peace they have in their dwellings and whether they be Christians or infidels ... also a narrative of the some unjust and cruel dealings by William Pocklington of North Collington ... against William Smith of Besthorp ... / which are published in love to all people by William Smith. Smith, William, d. 1673. 1663 (1663) Wing S4334; ESTC R23653 28,425 37

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wronged who have been a suffering People many years in this case and through these practices and the wrong is much more at this time in this case than in times lately past because there is now Ecclesiastical Courts set up and appointed unto which the Law doth only refer for the recovering of Tythes and some that in those Courts are called in question about Tythes and therefore the People of God who are called Quakers ought to be set free from their Imprisonments in that case who have been wronged so long together and yet are sufferers by Writs and Warrants and Subpena's out of Temporal Courts and through the practice of such Courts And if any man be henceforth grieved for want of his Tythes then let us come to answer in such Courts as by the Law is appointed to hear and determine the same and let us have free liberty to make our just and reasonable Defence on our own behalf and not to be interrupted in our Defence for it is a Case that doth relate to our Consciences and therefore such as are counted Spiritual men who are appointed to judge in Spiritual matters ought to hear us to the full in what we have to say in our own Defence that so our Answer may be taken and considered touching the matter which by any Bill may be exhibited against us and then however it comes to pass concerning us or what Sentence may proceed against us we shall be contented in our places and shall either actively or passively be subject without resisting as our Testimony hitherto doth sufficiently evidence for us only let us have fair dealings and legal proceedings as Men and Christians for as Men we have a perfect understanding and in truth and soberness we do behave our selves and as Christians we have patience to endure and do not seek revenge and therefore we ought to have fair dealings amongst all men who are concerned with us in any case There are other corrupted streams which descend from the unreasonable part of men towards us and are practised in divers cases concerning us by which great sufferings are inflicted upon us and such practices may briefly be reduced into these particular heads 1. To summon us to appear at Sessions and when we appear according to our Summons and stand at the Bar to make our just Defence to what may be charged against us then to tender unto us the Oath of Allegiance and press us with much violence to take it and though that Oath was instituted touching another people as by the title of it may appear which is for suppressing Popish Recusants and it was instituted in the sence of that danger which was by such a people intended against the King and his Government by the Gunpowder-Plot and though afterwards it was pressed to the King that he would grant the extent of it to all his Subjects and that he gave his consent so to do yet it may be seen by that Law which did so institute it in that case and upon the request of that Parliament that the Intention and mind both of the King and Parliament was for the finding out of such a people as did adhere to the Popes Supremacy and though it doth extend to all as to the tender of it yet it is with certain considerations as if any Officer of a Township do complain to a Justice of Peace that any person or persons above the age of sixteen years do not duly repair to their Parish Church or do not duly receive that which is called a Sacrament as in the said Act is more fully expressed That then in such cases the Justice of Peace hath power to send for such person or persons so complained of by his Warrant and may tender unto them the said Oath which for refusing he hath power to proceed against them as is appointed by the said Act but still it is to be observed that it is but to discover such person or persons as privately do adhere to the Popes Supremacy and therefore it is expressed in the Oath that they shall renounce the Pope and Premunire was ordained only against such persons as should purchase Bulls from Rome as may be seen in the 16th of Rich. 2d chap. 5. And now to make this the great business in Courts and at other times against us who are an innocent People who deny the Popes Supremacy and all his practices and to entrap us with it as with a snare because we cannot for Conscience towards God take any Oath at all but live in obedience to Christ's Command who saith Swear not at all and it is the matter contained in the Oath that was chiefly intended in the first institution of it and now to ensnare us with it upon every occasion who make conscience of an Oath and yet answer the matter as full as any people for our peaceable living under the King's Government doth evidently demonstrate our obedience to him whilst many others that fear not an Oath can swear and yet not answer the matter contained in the Oath and here we shew forth our obedience to the King by answering the matter in the Oath and we also shew forth our true love to God in keeping his Command for it is Christ's Command that we do obey in this case and so it is to us the Conscience of an Oath and not wholly the matter and to proceed against us in this case is very hard measure and how many of us that have suffered Imprisonment and spoyling of our goods and divers other wayes have deeply suffered by it and through the practice of it though we are not at all concerned by the intention of those from whom the Oath had its first institution and for to fine us or imprison us in this case as hath been and is yet practised is not only unreasonable from the consideration of these grounds here mentioned but it is also a practice which standeth opposite to the Law it self as in the 42. Edw. 3d. ch 3. where it is expressed That for the good government of the Commons no man shall be put to answer without presentment before Justices or matter of Record or by due Process and Writ original according to the old Law and if any thing from henceforth be done to the contrary it shall be void and holden for error c. Now by this Law none should be put to answer without Presentment or matter of Record or due Process Therefore to wave a Presentment upon which the party stands presented and for which cause he is summoned there to appear and doth appear and then to tender the Oath unto him and put him strictly to answer whether he will swear or no it is not legal in Law for there is no Presentment nor matter of Record nor due Process against him in that case and to say Will you take the Oath of Allegiance or Will you swear when a Presentment lies against him in another case and he stands at the Bar