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A57466 A blast blown out of the north and ecchoing up towards the south to meet the cry of their oppressed brethren being a relation of some of the sufferings and other exercises of several of the people of God, in scorn called Quakers, in and about Richmond, Massam, Coverdale, Wensleydale, and Swaledale, and some others of the adjacent parts and places in the North Riding of the county of York since the beginning of the year 1660. R. R. (Richard Robinson), b. 1628? 1680 (1680) Wing R1713; ESTC R6799 35,019 47

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particular that to the dissatisfaction of the good People in this part of the Nation among whom we live hath the Force of the said Act been put in Execution and the said Thornaby employed himself his Son and other his Agents and Emisaries as Informers to subvert and destroy the Estates of many And as a beginning to his Actions he the said Thornaby together with one Matthew Chawder of Reeth in Swaledale in the County and Riding aforesaid upon the 15th of the 3d moneth called May in the year 1670. he the said Thornaby having the same day been at Richmond Meeting did come to the House of one Elizabeth Cherry Widow in Swaledale aforesaid where finding to the number of Seven Persons besides those of the Family of the aforesaid People called Quakers met together to wait upon and worship the One True and Living God in Spirit and Truth according to his Will they the said Thornaby and Chawder the Informers went to the before-named James Metcalfe and swore to the number of Seventeen Persons by which it may easily be perceived what manner of Persons employ themselves as Informers which ought not neither heretofore have been thought worthy to go unpunished And as a further Evidence of their wilful and desperate Wickedness and Perjury at the same time swore That one Thomas Kipling was then at the said Meeting who the same Day and at or about the same Hour was at Newcastle upon Tine about Thirty Five Miles from the said Elizabeth Cherry's House as was after proved And further also swore at the same time That Richard Robinson of Healaugh Park in Swaledale aforesaid was then also there And when the said Thornaby came about ten dayes after to distrain the Goods and Chattels of the said Richard Robinson for a Fine of 5 s. by their said Oathes imposed upon him he confessed openly He had never seen the Face of him the said R. R. before and so in effect confessed himself Forsworn gave his own Oath the Lye as it well deserved for the said R. R. was not at the said House when the said Thornaby was there as was also proved Likewise they the said Thornaby and Chawder further swore at the same time against William Orton and John Key then both of Marrick for Preaching and Teaching in the said Assembly whereas upon an Appeal made by the said William Orton and John Key upon the Distress of their Goods and Chattels taken for the Fines of 20 l. apiece imposed upon them by reason of the said Oaths it was plainly proved there were no Words spoken by the said William Orton and John Key or either of them in way of Preaching or Teaching but what was spoken was spoken in way of Discourse between the said William Orton and John Key on the one part and the said Thornaby and his Agents on the other part Nevertheless the said James Metcalfe upon the Information and Oathes aforesaid without any other manner of Conviction and without calling or summoning the Parties accused to appear and answer personally before him according to Law did issue forth a Warrant whereby he gave power to the Constables Churchwardens so called and Overseers to distrain for the several Fines imposed by him on the said Seventeen Persons so reported by the aforesaid false Information to be at the said Elizabeth Cherry's House And lest he the said James Metcalfe should come short in Wickedness or otherwise that he might gratifie the Informers he directed his Warrant to the Constables Churchwardens and Overseers and more especially to the said Thornaby whom he terms a Gentleman and Chawder whom he calls a Yeoman giving unto them thereby also power to distrain as well as the other and also more SPECIAL Power inasmuch as the Warrant was more especially directed to them although that very Act by which they did pretend to proceed doth give the Power of Distress only and joyntly to the Constables Churchwardens and Overseers and to no other And the Appointment of One is the Exclusion of Another according to that Rule or Maxim in Law Designatio unius est exclusio alterius as when an Act of Parliament which is the Introduction of a Novel Law as this is giveth the Power and Interest to one certain person by that express Designation of one all others are excluded for 't is a further Ground in Law Expressum facit cessare tacitum That which is expressed makes that which is implyed to cease Read Hawkes his Grounds of the Laws fol. 448 and 466. Cooke's Comm. fol. 183. Ployd 106. Stradling's Case And also further by the said Warrant in the King's Name commands them to distrain the Goods and Chattels of the aforesaid Richard Robinson for a Fine of 5 s. imposed by him the said James Metcalfe upon the said Richard Robinson under pretence that the Wife of the said Richard was at the aforesaid Meeting against whom the said James Metcalfe had no Information neither did she stand Convicted before him And here all may see what manner of Man the said James Metcalfe was and whether fit to be in the Commission of Peace or no and what he would have done if not restrained by a more secret Hand For if the Law by which in this behalf he pretended to proceed were not strict enough to answer His Will and the Informers Ends he would as in this Case he did add to it to make it worse And whether these things be according to Justice and conducing to the Honour and Reputation of the King his Government and Parliament and to the Advancement of his Interest in these Nations let the Wife in Heart judge And whether they which act such things could or can be truly said to be the King's Friends and to Love and Honour him and seek the Conservation and Advancement of his Interest and Government who so grosly and in the Face of a wise People Abuse him who is said to be The Fountain of Justice and should Act no Vnjust Thing by sending forth such Warrants in his Name and acting such things under the Notion of his Authority as are quite contrary to Law and conducing very much to the Subversion of Justice Truth and Righteousness which things flourishing and abounding in any Kingdom causes Happiness and gives Satisfaction to the Good People thereof but being subverted and turned backward as in this Case many times brings Ruin But the afore-mentioned Proceedings False Oathes and Informations being in part laid before and presented to the view of some more Eminent Persons Members of the then Parliament who appeared Haters and Detestors of such Illegal and Unjust Proceedings and from whom better Returns of Justice was expected their Advice was To indict the said Thornaby and Chawder of Perjury which being accordingly done the said Chawder knowing himself guilty Fled but Thornaby being an Impudent Person appeared at the next General quarter-Quarter-Sessions of the Peace for the said Riding held at Richmond where the Grand Jury upon Evidence
Gurnell of Marsett fined 10s had four Pewter Dishes and one Riding-Coat distrained and taken for the same by the aforesaid Edmond and Bartholomew Blaydes the 13th day of the Moneth aforesaid worth about 1l 9s Mary Lambert of Busk fined 10 s. had Stockings distrained and taken for the same by the aforesaid Edmond and Bartholomew Blaydes worth about 12 s. There were several other Persons at that time fined besides what is before-mentioned so that the Fines in all came to 19 l. 13 s. But whether any of the Residue was distrained for or no I know not Now followeth an Account of some of the Sufferings and other Exercises of several of the said People of God in Scorn called Quakers which hath happened unto them since the beginning of the Year 1670. in and about Richmond Massam and some of the adjacient Parts and Dales within the North Riding of the aforesaid County of York occasioned by the Proceedings of Joseph Craddock now living and James Metcalfe deceased Together with some few others in the Commission of Peace within the said Riding and also by the Proceedings of the Mayor and Recorder of the said Town of Richmond upon the Information of William Thornaby the Elder Inn keeper of the aforesaid Richmond and late one of the Serjeants there but cast out of that Place for his Evil Carriage and Misdemeanours together with his Son and other Agents and Emisaries of his who being given up to Spoil and Destruction did with Covetousness seek after their Neighbours Goods and did greedily endeavour to catch them by any means not regarding what became of the Owners so they could but get their Prey taking their occasion by and Encouragement thereunto from the late Act of Parliament Entituled An Act to Prevent and Suppress Seditious Conventicles c. FRom which I say according to that Construction they passed upon it and Use they have made of it such Loose and Dissolute Persons as the said Thornaby being a man of a desperate Condition hath been Emboldened under the Notion of An Informer for the King to commit such Gross and Horrid Villanies as in the times of a more Sober and Christian-like Dispensation or Distribution of Law and Justice could be looked on by Sober and Discreet Persons as it is by such at this day whose Hearts have been sadded to see it to be no less than Theft and Robbery And that Act according to that Construction they have passed upon and use they have made of it no better or other than a Cloak for such to Act by or under who would have acted as badly before but that they feared Punishment by a Law nay some known Thieves condemning their Doings in this behalf disdaining to act so grosly upon an Innocent Harmless People as they in this Case did upon us being Encouraged thereunto as will appear by the Sequel of this Discourse which is no other than Truth and not all that might be truly said of their Evil Actions in this behalf neither by such whose Endeavours should have been to Suppress Vice and Encourage them that do Well for to this end only should the Magistrate bear his Sword and not to set up and carry on the Interest of False Swearers and other Injurious Persons whose Proceedings in this behalf they Countenanced and Encouraged under pretence of putting that Act in Execution made as appears by the Title and Preamble thereof To Prevent and Suppress Seditious Conventicles Only and to provide a more speedy Remedy against the growing and dangerous Practices of Seditious Sectaries and other Disloyal Persons c. And if made only for such as are Dangerous Seditious Disloyal Contrivers of Insurrections and Plotters and such as are only Pretenders to Tender Conscience but are not really Conscientious and for such as are Disturbers and Breakers of the Peace according as the same ought to be then not for Peaceable Harmless People such as the Harmless People called Quakers are and have been who make and have made it their Endeavours only to Serve Wait upon and Worship the One True and Living God in Spirit and Truth Really and not in or under a pretence only of Religious Exercise do they meet together under that Pretence to Plot or Contrive Insurrections neither to stir up any Sedition or Disturb or break the Peace or offer Violence to any as Experience on their behalf doth witness who have given their Cheeks to the Smiter and their Heads to them that have plucked off the Hair not answering again Neither is it to be believed that a Christian-Parliament and such the Parliament of England would be thought to be who are guided in the Counsel Wisdom and Fear of the Lord and therein directed will ever make Laws to limit the Lord God to this or that Form or to this or that Way of Worship and that he shall either be Served and Worshipped in such a Way as they have prescribed that is to say according to the Liturgy of the Church of England the Inventions of men or he must not be served at all for this were to limit the holy One of Israel and to make God even the Living God Subordinate to Sinful Man but rather to let him have his Liberty to be served and worshipped as he will and in what way he most delighteth and chuseth For doth not the Wind blow where it listeth and thou hearest the sound thereof but neither knowst from whence it is nor whither it goes and so are all they that are born of the Spirit And therefore not to be restrained under great Mulcts and Punishments for this was never the Practice of the People of God in any Age but the contrary Neither can they which practise such things now claim any Interest or Part with the People of God in this Age nor in the Scriptures of Truth and Writings of the Prophets and Holy men of God who were never Persecutors but on the contrary were Persecuted even as it is at this day He that lives after the Flesh Persecutes him that lives after the Spirit And therefore I say in Christian Charity considering they professed themselves to be Christians that made it might the said Act if we did not know their Intent in making it be looked on only to concern Seditious Turbulent Unruly Peace-breaking Persons whose Actions demonstrate them to be so and only to be made and intended for such rather than for Harmless Innocent Self-denying People such as the Innocent People called Quakers are and have been whose Endeavours I say both now and at all times ever since they were a People have been and yet are To keep a Conscience void of Offence both towards God and towards Man and not to Plot and Contrive Insurrections Neither have our Meetings been or yet are a Terror to the People among whom we live or reside and have our Converse they being generally otherwise perswaded of us and know or believe us to be otherwise minded yet against upon us in
sworn and examin'd found the Indictments there being two against Thornaby whereupon the said Thornaby by the Advice of Joseph Craddock and one William Robinson also in the Commission of Peace who it seems feared the Justice of some then present did put in his Traverse to the said Indictments they or the one of them promising him All the Favour the Court could shew him and further told him That if he did not Traverse the said Indictments Ignominy would follow or to that purpose whereupon he was bound over to traverse the said Indictments at the next Quarter-Sessions of the Peace for the said Riding which was holden at Thursk in the said County where it was the Endeavours of some then present who may since have seen the Bad Effects of that Action of theirs to quash the Indictments which they did for some Defect as was pretended in Form nevertheless it was assented unto That Thornaby should be indicted again at the next Sessions which being effected and the Indictments preferred and the Witnesses sworn and Grand Jury also who was gone forth to examin the Witnesses in order to the finding of Thornaby Guilty or Not Guilty whick Joseph Craddock knowing who had seen the Indictments and knew them to be punctually proved together with James Metcalfe at the Instance of the said Thornaby sent for the said Indictments to the Grand Jury who not knowing their Intent in sending for them did send the same accordingly unto the said Joseph Craddock and James Metcalfe who kept them and would not return them back again nor suffer the said Thornaby to come to his Tryal nor the Grand Jury to proceed and discharge themselves of that Oath which but a little before the Court had imposed upon them touching Thornaby's Tryal neither would they deliver the Indictments to those that paid for them and who suffered by Thornaby's False Oaths but by all Means like the Jews of old sought how to deliver or free Barrabas and give up Truth unto Suffering For when Justice was desired according to Law the said Joseph Craddock domineeringly began to accuse Friends of Malice for prosecuting of Thornaby though such as suffer as those who prosecuted in this behalf had done having their Goods taken from them by reason of the said False Oathes have always and at all times in the Laws of England and by the Impartial and Unbyassed Ministers thereof been thought worthy and been adjudged to have Just Cause to complain for to redress and remedy Wrongs and Injuries and to punish Offenders and Perjuries and to Answer all Just Complaints was the said Law provided and such Complainings and Proceedings whether by Indictment or otherwise howsoever grounded upon a real Suffering as in this Case it was have not heretofore neither at this time honestly can be accounted Malice especially in so weighty a Matter as that is wherein Life Liberty and Estate is concern'd and especially when the Punishment desired and endeavoured to be inflicted upon the Offender for his False Oath though it be of Dangerous Consequence to all men is no other or greater than simply such as may disable and stop him from wilfully sinning against his own Soul and desperately running into those Evils which are of bad Consequence both before God and Man But on the contrary Malice is not hid in such who contrary to their Duty and Oath deny or defer to do Justice upon Offenders yea even in Criminal Causes for the King because of their particular Envy to them which prosecute And as a farther Evidence of his Evil Will and Desire of Ruin to the Sufferers or otherwise to the Intent to render them more odious thereby to get a Cloak for his illegal Proceedings he the said Joseph Craddock further upon the Bench said That if they to wit the Quakers had Power they would Cut all their Throats which Report of his as it is most False so it gained him as little Credit the people generally before whom he spoke it being otherwise perswaded of us as a people that had known our Deportments better than to believe such Lyes But on the contrary he the said Joseph Craddock together with the said James Metcalfe and all others that joyned with them in this Business did more plainly make it appear that they sought the Loss Ruin and Destruction of the Quakers and not only of them but by these Examples leave a Gap open which being entred in at may tend to the Ruin and Destruction of all Men of what Degree or Condition soever For if Perjury may escape and go unpunished and be Tolerated Encouraged and Protected in one man by the same Rule and with as good Authority may it to wit Perjury be Tolerated and Encouraged in every man and if by False Swearing they may Rob one Man of his Goods by the same Rule and with as good Authority may they do it to another and hereby no man comes to be safe either in Life or Estate for if the Law which is or should be the Guard of every man's Life Liberty and Estate be broken upon one by the same Rule and with as good Authority may it be broken upon all and then what is become of those good and wholsome Laws heretofore made for the Protection of Men in their Lives Liberties and Estates and for the Punishment of Transgressors and False Swearers or were they made for some and not for others and so consequently against some and not against others according to the Wills and Fancies of the Ministers thereof Was not nay is not Justice to be done to all the King's Subjects without Respect of Persons Read the Oath appointed for all the Justices Rastal fol. 244 and 245. Mag. Char. Chap. 29. Stat. Rich. 2. Chap. 4. Rastal 332. Nay Though Letters or Commandments should come from the King to the contrary yet were they to go forth to do Justice notwithstanding such Letters and Commandments And are not the same Laws in force yet if not shew us when repealed and when there was a Law made for Judges and Justices in such Cases to deny and defer to men Justice and Right as here in the Case of Thornaby Justice and Right was both denyed and deferred and so in effect the said Joseph Craddock and the rest that joyned with him in protecting Thornaby are become more guilty than the Quakers of that which he slanderously endeavoured to cast upon them that is to say Cutting of Throats or Taking of Life For if what the Learned Cooke saith in Adams and Lambert's Case be true viz Panis pauperum vita pauperum et qui defraudat eos vir sanguinis est Then Joseph Craddock and James Metcalfe and all others who joyned with them in protecting Thornaby from coming to condign Punishment for his False Oathes and thereby encouraged him to persevere in his said Wicked Practices to the Taking Spoiling and Destroying of his Poor and Harmless Neighbours Goods to the disabling some of them to get competent Sustenance