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A64513 The Third part of The cry of the innocent for justice briefly relating the proceedings of the Court of Sessions at Old Baley, the 11, 12, and 13 dayes of the sixth moneth towards the people of God called Quakers, and particularly concerning the tryal and sentence of Edward Burroughs with about thrity persons more : also relating the proceedings of the Court ... towards about fifty of the said people ... : with divers other things of concernment about the people aforesaid. 1662 (1662) Wing T914; ESTC R25160 45,353 114

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the Spirits of men and was of savour and sound judgment though in weaknesse of the man-hood expressed for he answered not mens Wisdom in excellent stile of words but the witnesse of God in sincerity of speech he was a Person of sound judgment in divine Mysteries and of good experience in the operations of the power of God and knew the passing through divers conditions of the inward man and was able to speak to many estates of man passing under the dispensations of the Grace of God he could well inform the mind of a person in an afflicted and tossed state of terrour and judgment and his Ministry was often savoury and seasonable and felt in the pure life though his words were plain and homely and no beauty in them to mans Wisdom and God made him and his service a blessing to many who shall speak for him in their own Consciences He was of a loving gentle and good disposition and acceptable was his Company to them that knew him and were like-minded a good Companion in all Conditions not soon moved into passion of either grief in Adversity or of joy in Prosperity nor had he a Spirit taking offences upon light occasions against any but watched for Good over all and not for Evil He was a man of peace and loved it and walked peaceably among his brethren in honest kind familiarity And I am perswaded in my Soul according to the experience I had of him for many years he abhorred dissention and strife among Friends and was never the real occasion intendedly by himself of any difference and dissention among brethren and what further is Truth of him I leave it to the just God whose testimony is true and never fails Among many others that were taken from Meetings and sent to Newgate according as ye have heard This same Person of whom I am now treating was in like manner rudely and violently taken on the 22th day of the 4th Month last out of a Meeting in the Bull at Aldersgate and carried before Rich. Brown who used violence to him with his own hands in pulling his Hat down upon his head so that he brought his head near the ground and then he Committed him to Newgate where he remained till the Sessions and was then Indicted among the rest for being at an unlawful Meeting c. as it is said and he being throng'd up in Prison among the rest of us it pleased the Lord to visite him with sicknesse of body and in 10 dayes space alwayes growing weaker and weaker in that time he disceased and laid down his body in peace About two dayes before his departure some of his dearest Friends went to visite him and sat by him a space and spoke somewhat to him and asked him if any thing was upon his Spirit he might now speak it to his Friends His answer was That there was no need to dispute matters for he knew the ground of his Salvation and was satisfied for ever in his peace with the Lord God and we know said he one another well and what each of us can say about those things and spoke no further And the 17th day of the 6th Month he departed this life and was gathered up to his Fathers the Generation of the Just and though he be gone in that bodily appearance and his person removed from us yet is his new-Name written among us and his Memory can never die for his Spirit still lives to praise the Lord and the life which breathed forth through that vessel cannot be removed far away for it is the Infinite Immortal Eternal Life which dwells in Sons and Daughters now upon the Earth and though his outward man be put off yet he lives alwayes in Spirit for he was a Servant of the living God upon Earth in his day In about six Weeks time there died of the Prisoners that suffered for Conscience sake in Newgate these Persons named as follows who were honest sincere men of truth that loved the Lord and served him with their upright hearts and gave up their lives for the Testimony of Jesus as faithful Martyrs and Witnesses for him And 't is verily believed their close and throng'd Imprisonment in the Summer Season was the occasion of their sicknesse and violent distemper and so consequently of their Death which amounts to innocent blood being men whose lives were destroyed causelesly by reason of the wickednesse and Persecution of ungodly men and their Death will be inquired into by the Lord when he comes to judge all men according to their deeds and gives unto them after the fruit of their own doings John Stanton Thomas Kirby Richard Hubberthorne Anthony Skellington John Giles William Watson John Shutt William Eldredge Richard Bradley And Humphrey Bache and Humphery Brewster died in a short time after their Release These men laid down their lives for the Testimony of Jesus Christ and suffered for Conscience sake till death and left good Testimonies behind them spoken on their death-beds One of them said This body of mine must go for the Truth this body must be laid down for the Testimony of Jesus Christ as a Witnesse against this persecuting Generation and he rejoyced in the same at the point of death Another of them said The terrible day of vengeance is at hand upon the wicked Wo unto the persecuting Rulers of this City the Lord is nigh unto them in the stroak of his Judgements c. Another on his death-bed Exhorted earnestly all Friends to be faithful to be bold and valiant for the Truth of God and to suffer patiently to the end till deliverance come which the Lord will bring unto his people in dispight of all their enemies c. These and such like Testimonies were given by these Servants of God on their death-beds which will be fulfilled in the Lords season for the words of dying men are serious and certain Oh! that this City would take notice of the same That the Rulers and People thereof would Repent and turn unto the Lord ere his wrath break forth against them for their wickednesse which is great this day in the fight of the Lord and before him for which his wrath is kindled to burn as a flame and it will reach unto the high and lofty and all flesh shall feel the indignation of the most high Oh! that men would remember the long-suffering of the Lord and Repent and return before it be too late for nothing can save this City and her People from the Wrath of the Lord except speedy and true Repentance and returning with all the Heart and with all the Soul wherefore let the people become Meek and Humble Lowly and Poor Holy and Just before the Lord let them break off their sins by Repentance The day of the Lords sore Judgements are at hand and Breaking and Destruction and Misery will surprize the Workers of Iniquity Concerning the Imprisonment and proceedings of the Court and release of above fifty of our
Priviledges in our callings and to follow our employments as we are men nor yet our liberties as Christians in the exercise of our Christians duties according to the perswasions of our Consciences and example of Scriptures but are imprisoned and persecuted and all our rights both as we are men and Christians violated and taken from us Seing it is thus how can it in common equity and reason be put upon us or expected from us that we should be charged with any such service and duty or perform the same either in our persons or estates there is no equity nor reason in it that men should be charged with a service for the good of the City as this is professed to be and yet not permitted to enjoy any portion of the end of such a professed service but quite the contrary imposed and this is our case It is professed that the Trained Bands are raised and goes out for the good and peace of the City and we are commanded to joyn with them for that good end and yet we are debarred and restrained of every part of that end and quite the contrary end is made our portion and therefore it is unequal and unreasonable in our selves as well as in them that expect it from us that we should joyn in such duty and service like as if a person should adventure to Sea such a sum of mony in the hand of a Merchant trusting him with the improvement of it for the end to bring in gain and at the return the Merchant keeps both Principle and Produce from the Adventurer and not only so but he makes use of the said mony to put the man to as much more needless charge and expences Would not all men say it were contrary to both equity and reason that such Adventurer should ever credit such Merchant more and much more unreasonable that such Merchant should put such Adventurer in Prison because he will not give him credite and trust him with more stock This Parable shews the truth of our Case and proves the truth of both the Reasons aforegoing First That it is contrary to the Law and Principle of Nature Secondly It is contrary to common Equity and Reason as the case standeth for us to go out our selves or send men on the occasion mentioned and for these Reasons we do refuse to do it Also let it be rightly considered how unreasonable this thing is that we should now Suffer for not going forth in Arms yet divers of our houses have been searched for Arms and taken away from us where any were found and we threatned to be sent to Prison for having any Arms in our houses if but an old Sword and yet now must Suffer because we will not keep Arms and go out in a War-like way with them Also how unequal it is that we are sometimes threatned to persecution because we are feared to fight and at other times threatned and made to suffer because we will not go out with carnal weapons to fight and thus are we made to suffer on the one hand and on the other and afflictions are our portion on every side from the men of this Generation and many are our Troubles till the Lord deliver us out of them all 3. Because we are true Christians and Redeemed and Restored and Sanctified by the Lord Jesus Christ and are men of Peace and Love and good Will towards all men and lives in it and seeks after it and are not men for War and Strife and Debate but are Redeemed out of that Spirit which is in the fall from God and delivered from the working of such works and now we cannot war with carnal Weapons our selves nor uphold it in others but do give witnesse against it by such our refusal to rise up and go out with Carnal Weapons for all such things are in the fall from that estate in which God placed man in the beginning and wars and fighting are in the enmity and Spirit of Iniquity which is contrary to God as saith the Apostle Wars and fightings do arise from the lust that wars in the members Jam. 4. 1. and from that estate of enmity in the fall and out of these works are we Redeemed and Sanctified by the Lord Jesus Christ and do walk in his Doctrine who hath exhorted us to love our Enemies to do good for evil and to reward no man evil for evil but when we are smitten on the one cheek to turn the other and to be reconciled with our Neighbours these and many such exhortations we have in the Scriptures to the true Christians which we desire to be found walking in and therefore we do deny to go out with Carnal Weapons to war against any much lesse against our own selves and our Friends as this case is as before is shewed And we are come to the Spirit of Christ Jesus and to the Son ship to be heirs of God and Joynt-heirs with Jesus Christ Which State is greater then the State of the Kings of Israel who sometimes went out to war and were Righteous men and justified of God in so doing yet that State was short of the State of Christ who was the Heir of God to which State in measure we are come and so are Redeemed from wars and fightings with Carnal Weapons not onely in their worst State but in the best Estate of such Wars not onely in an evil and wrongful quarrel we cannot war but in the best kind of quarrel we refuse out of Conscience to war our selves or to send others for us to war with Carnal weapons and that because we are true Christians and believes in Christ Jesus and abides in his Doctrine and loves peace with all men and can do good to them that hate us and are come to the end of wars and would have mens lives saved and not destroyed and are of the Spirit of Christ Jesus which warred with Spiritual Weapons against the evil lusts and evil affections within and against that spirit of transgression in mens hearts that he might kill and destroy that Spirit and save the Bodies and Souls alive and such war do we make this day with the Weapons of the Spirit of God that sin may be slain and unrighteousnesse destroyed in mens hearts and that Body and Soul may live but other kind of war we cannot make for the Reasons aforesaid therefore we are excusable in the sight of the Lord in refusing to go out with carnal Weapons though yet we suffer Imprisonment and are persecuted because of the same If from hence it be Objected by any That this principle and practise of denying to fight at all is dangerous and of evil consequence and if all were of this principle and practise then we might be exposed to ruine and destruction by other Nations who would come upon us and take our Country from us and enslave us and all this while we deny to fight against them and will not defend our selves by
sat Judge at Law of the Court as Deputy Recorder And E. Burroughs was presently called by Name to the Bar with about eight persons more of them called Anabaptists and being set at the Bar the Jury men were called and Sworn the same who had served the day before and at the second person laying his hand upon the Book E. B. moved the Court in these words Desiring to know what priviledge the Law of the Land allowed the Prisoners in making exceptions against the Jury men this he desired to know of the Bench he said because he did not know the particular points of the Law in that case To which the Deputy Recorder answered they might make exceptions if they had good reasons for it but the Persons being strangers to all the Prisoners they made no exceptions having no knowledge of the men and so could not well except against any of them The Jury been sworn the several Indictments were read in the Court E. Burroughs the first of all according as the Prisoners stood Indicted at the Sessions about five weeks before a Relation of which Proceedings with the Indictment Verbatim ye have in our Second part of the Cry of the Innocent for Justice lately published though for our more orderly manifesting the Truth to the perfect knowledge of all men t is necessary that we insert again in this place the said Indictment which is as followeth viz. LONDON ss THE Jurors for our Lord the King 〈…〉 sent upon their oath that Edward Burroughs late of London together with divers other persons to the said Jurors unknown to the number of a hundred persons the first day of June in the fourteenth year of the Reign of our Lord King Charles the second of England Scotland and Ireland Defender of the Faith c. With Force and Arms c. in London c. To wit in the Parish of Saint Ann and Agnes in the Ward of Aldersgate London aforesaid Vnder pretence of performing Religious Worship otherwise then by the Laws of this Kingdom of England in this Kingdom is established Vnlawfully and Tumultuously did Gather and Assemble themselves together to the great Terrour of his Majesties People and to the disturbance of the Peace of our now Lord the King in contempt of our said Lord the King and his Laws to the evil Example of all others in the like Case offending and against the Peace of our Lord the King his Crown and Dignity c. This being read by the Clerk he proceeded to give the Jury their Charge on this wise That whereas the Prisoner at the Bar stood Indicted for an Vnlawful and Tumultuous Meeting under pretence of Worship contrary to the Law of the Land as in the Form of the Indictment they had heard and had pleaded not guilty of the said Indictment Therefore according to their Oaths they were to make true inquiry between our Lord the King the Prisoner at the Bar in the case for which he stood Indicted and without favour or affection to try the matter and give their verdict according to their evidence whether the Prisoner were guilty in Form and Matter as he stood Indicted This was the sum of the Charge given to the Jury This being done E. Burroughs in particular was set to the Bar and three men called by Name for to give evidence to wit William Branch Thomas Glover and Henry Walker all of them of the Parish of Mary Maudlyn's Old Fishstreet all of whom took their Oath according to form That they should speak the Truth and nothing but the Truth concerning the matter inquired of them as God should help them And having taken their Oaths they were bid to look upon the Prisoner and speak what they could say concerning him as to the matter for which he stood there Indicted Accordingly the first began to speak on this wise That whereas he being an Officer in Captain Coulchester's Company was commanded by his Captain on a certain day being the Sabbath day as he said to go with three files of Musqueteers to the Bull and Mouth where the Quakers were met in Order to break their Meeting as he was commanded and then and there he found the said people met together to the number of about three or four hundred as he might suppose but justly he could not tell how many and amongst them this same Mr. Burroughs said he now at the Bar this same person was standing upon a place and speaking amongst them speaking yes Preaching to them in their way said he and further he commanded his party to martch up the Meeting to the place where this Person now at the Bar stood and he bad him come down and cease speaking but he would not but made some resistance whereupon he commanded his men to pull him down by force which accordingly they did and then took him out of the Meeting and he and his men guarded him to Pauls where their main guard was and he delivered him this same person now at the Bar to his Captain and this I testifie upon my Oath said he c. This done the second person was called to speak what he could say in that case concerning the Prisoner at the Bar to which he said he could say to the same purpose that the person before had testified That whereas he was one of that partie commanded to go to the Bull and Mouth where the Quakers were met together and there they found this same Edward Burroughs now at the Bar Preaching amongst the People and according to command they pulled him down and took him away to their Captain and this was all he could say Then the third evidence was called and he was asked by the Court what he could say in the Case concerning the Prisoner his answer was That he had onely to say what the other two before him had said That whereas he was one of the party of Souldiers commanded to go to the Quakers Meeting and there was this man now at the Bar standing up and Preaching amongst them and they pulled him down and took him away to their Captain and he had no more to say Thus the evidences gave witness and this was the sum of what was said by them all Then the Deputy Recorder asked of them if they were certain this Prisoner was the self same man and how many people they thought were at the Meeting to which they all answered yes they were sure this same person was the man and there might be some hundreds at the Meeting but how many they could not justly tell Then the Court spoke to E. Burroughs and asked him What he had to say for himself in this matter he stood there Indicted and had pleaded not guilty and he had heard the Witnesses against him and if he had ought to say he might now speak To which he began to speak on this wise That he was glad he was permitted to speak in defence of his Cause and he hoped they would fully hear
time fulfill thy promise to me what wilt thou go back from thy word on the Bench Let all take notice I am denyed Law and Custome at the bar if ye deny me this motion of Arrest of Judgement Then Alderman Brown spoke to him in these words This is all ye shall have and print it said he if ye will through the Land To which E. B. again replyed that he was no very great Printer yet he thought it his duty to publish these things to as many as he could that all the World may know the Proceedings in the mean time the Court cryed take him away away with them all Goaler and then they began to hale them all away into Prison again and as they passed away some of the Prisoners told the Court that the Lord would remember them in his day and render unto them according to their doings and the hand of the Lord was lifted up and would deliver his people from all their enemies c. Here follows divers exceptions for Arrest of Judgement which would have been brought in against the proceedings in E. Burroughs Case if they had allowed him time for to draw them up and to present them as sufficient reasons why Judgement ought not to have been passed against him but seeing arrest of judgement was denyed him and no time permitted him to present his Reasons therefore they are suitable on this occasion here to be asserted that all men may see he had Law Justice and Truth of his side though contrary to the same he was condemned EXCEP I. Concerning the manner of his Imprisonment and of the Proceedings 1 INasmuch as he was Apprehended and Imprisoned by force of armed men and so without due processe of the Law of the Land forced to a Tryal even contrary thereunto as may appear by the 29. Chap. of Magna Charta no free-man shall be taken or imprisoned or diseized of his free-hold or liberties or free customes or any other wayes destroyed but by the Law of the Land These words the law of the land are explained by the statute of 37. E. 3. Chap. 8. where the words by the Law of the Land are rendred without due processe of Law Also see the Statutes of 28. E. 3. Chap. 3. 42. E. 3. Chap. 3. No man is to be taken or Imprisoned or be put to answer or brought upon tryall without presentment before Justice or matter of Record or by due processe or Writ original according to the old Law of the Land And if any thing henceforth be done to the contrary it shall be void in Law and holden for errour By all which it plainly appears that the manner of his person being seized and Imprisoned was contrary to Magna Charta and the antient good Law of the Land And his being indicted and arreigned and put to answer and caused to plead were all contrary to the Law of the Land and on a wrong foundation as well appears And seeing it is so then good ground and reason had he and fully backed with divers Statutes to move the Court in Arrest of Judgement and that Judgement should not have been passed at all upon him for it was impossible the Judgement could be just and true and according to Law when the proceedings in order to Judgement from first to last were directly contrary to the Law and the words of the Law themselves shall judge the Case seeing what hath been done from first to last in his Case is contrary to both meaning and intent and letter of Law as by the form of divers Statutes is visibly apparent The Judgement given upon him is void in Law and holden for errour by the Law and this is true Judgement Also in a Book called the Mirror of Justice fol. 138. it is rendred a sufficient exception not to be brought to Judgement by a right course in these words the Defendant may say in exception of Bill or Indictment against him That he is not bound to answer hereunto forasmuch as he is not brought to Judgement by a right course which is the very case now in hand this Prisoner was not brought to Tryal by a right course in due Processe of Law but contrary thereunto and that was matter of exception in Law against the passing of Judgement To this adde the very words of the Kings late Proclamation of the 17. of the eleventh Month 1660. The King Commandeth That no Officers nor Souldiers do presume to apprehend or secure any person or persons nor to search any houses without a lawful warrant under the hand and seal of one or more of the Lords of the Privy Counsel or Justices of the Peace in their respective Liberties and we will that the said warrants be directed to some Constable or other known legal Officer and we do declare that all those who shall hereafter be so hardy as to offend against this Our Proclamation shall not onely not receive countenance from us therein but shall be left to be proceeded against according to Our Laws and incur Our high displeasure as persons doing their utmost to bring scandal and contempt upon our Government c. By all which it is apparent the manner of E. B. his apprehending and imprisoning was contrary to both ancient Law of the Land and late Proclamation of the King and inasmuch as the Foundation to wit his imprisonment of his Tryal and so of the Judgement was so false and illegal and directly contrary to the mind of the King and the form of Law how was it possible the Judgement should be just that was laid on such a foundation of proceedings so illegal and this was E. B. his case the manner of his taking and imprisonment in order to Tryal and Judgement was illegal and the Judgement passed upon him in such order and proceedings must therefore needs be illegal also and he ought to have had an arrest of Judgement not onely for a time but for ever EXCP II. Concerning the incompetency of the Witnesses 2. INasmuch as the witnesses against him whose evidence was the immediate cause of the Virdict and so of the Judgement were the very persons that had thus violated the Law of the Land and had themselves apprehended him seized upon him and imprisoned him contrary to the Law as in the first Exception is shewed and because thereof were lyable to an action at Law which might be brought against them for such their seizing upon him and violence done to him Therefore it must needs appear to be in just unreasonable and contrary to the equity of the Common Law which is said to be by the Ancients the Law written in the heart That the very Persons who had so violated the Law even Magna Charta it self in such seizing upon him should be the witnesses too against him and their evidence taken as the onely evidence in his tryal upon which virdict and so Judgement was procured upon him for inasmuch as what evidence was given against him by the
against Judgment and evident Reasons from both Common Law and Statute Law why Judgment should not be passed against him in this Case 1. From the manner of his being taken and imprisoned and prosecuted to Trial without due processe of Law which is held for error and against Justice by the Law 2. From the incompetency of the Witnesses who were parties concerned in the Case and what they testified to the prejudice of the Prisoner was to their own advantage 3. From the proceedings of the Court in time of Tryal who suffered not the Prisoner to speak in full in his own defence 4. From the Law it self by which he was Tryed and Judged which Law is proved to be contrary to the Law of God and therefore the Judgement of that Law ought to have been arrested And now last of all in brief Judgement ought not to have passed against him 5. Because in common Reason and Equity Justice cannot condemn a man to any personal suffering for the exercise of his Conscience to God-wards in the practise of being Assembled together onely in and for the Worship of the Living God according to the very perswasions of the Spirit of God in the heart and to the example of Scriptures and Primitive Christians which practice of meeting together was not in its self nor in its effects any way disadvantagious or prejudicial to any person upon earth I say Common Reason and Equity amongst men cannot with any Face of Justice Condemn any person to any suffering in such a Case inasmuch as such supposed offence for so meeting together is not any offence against any man but against God onely if it be really an offence and that because of ignorance or error in Judgment and Conscience which is onely punishable by the Judgements of God as pertaining to his Conscience for such offence against him and not to be punished by Temporal Rule●s with Temporal punishments because t is a spiritual transgression and the Spiritual Law of God hath jurisdicton over the offender in such a Case and not Temporal Courts This is proveable by the Laws of this Land as it was ordained in the dayes of Hen 8. by Act of Parliament when the people were nominally divided into two Bodies named Spirituality and Temporality and two Jurisdictions appointed over the people respecting the nature and kind of the offences committed every offence Temporal against man in wrong dealing between man and man the cognizance of this was pertaining to the Temporal Courts and Judges to Hear Judge and Determine and every offence respecting the Church in point of Faith Doctrine and Worship was pertaining to the Spiritual Courts to be heard and Judged by their Spiritual Officers and Judges thus it was in times past in our Nation as Judged by the Rulers in antient dayes reasonable and just thus to do and here fell out a like case a Person taken and accused and brought to Tryal as an Offender for and because of being at a Meeting in the Worship of God which is of Spiritual concernment a matter of Spiritual Worship and Exercise of Conscience relating onely to the spirituality in hearing and determination Yet was this persons Case though of Spiritual Cognizance and Jurisdiction and not properly pertaining to Temporality by the very antient Laws of the Land brought to Tryal and judged in Temporal Jurisdiction and by Temporal Judges which had no power properly to meddle of such a Case and how could that Judgement be just brought forth by Temporal Judges in a Spiritual Case a Case the Judgement of which properly pertained to another Jurisdiction a Judgement passed by such persons in a Case of Conscience out of whose Cognizance and Jurisdiction the Case properly was A Temporal Judgement given in a Spiritual Case And this was the very Case of E. B. wherefore he had all just Ground and Reason to move for Arrest of Judgement and in Justice Judgment ought to have been suspended in that Court and either wholly averted or else he and his Cause transmitted into another Court where Court and Judges had been capable of Hearing and Determining a Spiritual Case for this is Common Reason amongst men that every reputed Offender have Law and Judges according to the nature of his offence and not contrary thereunto an offence in Matters and Cases Spiritual cannot justly be Tryed and Judged in Courts Temporal and by men onely Carnal These exceptions were before me in my view to have contracted and so presented them to the Court but not being permitted time for an hour I was not then capable to present them formally nor to produce the Statutes and Authors to Authorize my exception to the Court but since that time I have drawn them up and do here offer them to the view of the World E. B. Here follows the Tryal of Esther Biddle and three women more FIrst They being called by names and brought before the Bench where the Clerk read the Indictment and said they disturbed the King's Peace and the Peace of the Nation Esther Biddle said She had not broken the King's Peace nor the Peace of the Nation that is good Then the Judge asked Whether she was guilty or not guilty she asked him what evil she had done then he said take her away Then she was taken out of the Court and she desired the Keeper to let her stand still He asked her if she would plead she bid him let her go in again and she should say what was in her heart Then the Judge called for her to come up to the Bar and the Power of the Lord rose in her heart as a fire and an Hammer and she said Fear the Lord who is Judge of all Judges and will give you your Reward according to your works We are brought hither for Justice and you are set under God to do justice and it is Justice we require The Judge said They should have Justice and said Woman Your Counsel is good He asked if she would plead guilty or not guilty she said In the dreadful day of the Lord which is at hand you shall know who are guilty and not guilty you or we of all the Innocent Blood that hath been shed The Judge told her she was to plead she told him If he would shew her what evil she had done she would answer to it He said she was taken in a Riotous Meeting and an unlawful Assembly contrary to the Laws of the Nation She asked him what Religion was used in Olivers dayes and in years past and whether our Meetings were contrary to the Laws of the Nation then and he said no our Meetings were tollerated and indeed said he all things were common She asked him If our Consciences were to change as the Laws and Governments of the Nation changed He said We must be obedient to the standing Laws of the Land He said she must plead She asked for her accusers Then stood up one whose name was Lovel a Vintner the Judge asked
the Prisoners sick of violent Feavers and distempers by reason of that Exceeding throng which they were forced into so many together in narrow Rooms that they had scarce liberty to lie down one by another which brought many great Inconveniencies upon them and occasioned dangerous sicknesses insomuch that many lay sick at one time and though some recovered yet many died to the number of Eight honest Persons who were two and two together in one week carried to their Graves from New-gate which made the people cry out It was pity that these things should be That honest men for their Conscience sake should thus perish in Prison and no doubt but the knowledge of these things That many were sick and divers died and being publickly seen carried from New-gate two and two together in a week made many stand amazed working dislike in the hearts of people against these proceedings and though the prisoners laid their case of want of prison-room and the dangerous distempers that were occasioned amongst them thereby and that divers died because thereof before the Rulers of the City who had power to redress these grievances yet notwithstanding no notice was taken of it no though above twenty of the prisoners Friends went to the Mayor and Sheriffs of the City to Reason the Case soberly with them of the great straits inconveniences and dangers that the Prisoners their Brethren were liable unto especially in the Summer Season by being so many thronged up together in noysom places and also proferred body for body and that a certain number of them would become prisoners and goe into their places for the relief and comfort of so many of their poor afflicted and sick Brethren that they might not perish in prison according as in The second part of our cry of the Innocent for Justice is more at large published yet no bowels of Mercy not pity could be found nor could the humblest proffers penitrate into their hearts to grant relief to the oppressed but lie in close prison they must whether they would die or live as if they deserved no pity of any Well for some weeks every day some fell sick and in particular that good man of God Richard Hubberthorne unto whom in this place t is not unseasonable to give a Testimony as of duty we are bound The same Person was born in the North part of Lancashire and was of very honest Parents his Father was a Yeoman of the Country and had a good Report of his Neighbours for uprightnesse in all his dealings and Richard was his onely Son who was Inclinable from his youth upwards to Religion and to the best way alwayes minding the best things and following the company of good men and was never known to be addicted to any vice or malignity nor ever followed any evil course of life from his Child-hood but feared the Lord and walked uprightly before him and was faithful according to the Light and knowledge received in all things and his natural disposition and temper was meek and lowly and loved peace among men he was brought up with his Parents in good education according to the custom of the Country and in the time of the late Wars he was disposed to go into the Army and was in Scotland most of the time till the Land was reduced and he had some office in a Regiment and did sometime preach among his sincere and sober Companions that loved him wel according to his knowledge and judgement at that day and he obtained a good Report amongst such as were lovers of Religion And when it pleased the Lord God everlasting to raise us up to be a People in the North parts and through great Tribulations and extream distresses within and without which we passed through were we raised up of the Lord to be a holy and chosen People This same Person was one among the first of us whose heart the Lord touched with the sence of his Power and Kingdom and amongst us he had the mighty operation of the Power of God experienced in his heart Great afflictions and tribulations for many weeks was he exercised in through the dispensation of the Grace and Spirit of Christ Jesus he was in that state and while therein exercised for many dayes a wonder to all that beheld him as one passing out of the body as one under the deep sence of the hand of the Lord under the operation of his Power thus it was with many of us and particularly with him Till such time as the same Power that killed made alive as wounded also healed as brought down also raised up and then being raised up in the holy Spirit of the Lord Jesus Christ he was made a Minister of the Everlasting Gospel to preach Repentance Conversion Salvation and Remission of sins and accordingly went forth in the Name and Power of the Lord Jesus the Saviour of mankind and was a Minister of the glad Tydings of Salvation in many parts of this Land and elswhere to the conversion of many Souls to God for his Ministry was made effectual by the Almighty Power of the Lord to turn many from darknesse to light from the power of Satan to God and there are thousands who can in the Spirit of the Lord bear Testimony to the power and verity of his Ministry in many Countreys where he travelled for he laboured much in divers places and was very diligent and faithful in the work of the Lord and suffered imprisonment divers times and was hardly dealt withal and persecuted in Chester Cambridge and in Norwich prisons and other places and he was found faithful in all his Tryals among his Brethren and alwayes ready to do his service in what he was called unto with a willing mind being truly in body soul and spirit given up to the service of the Gospel of Christ Jesus a dispensation of which was committed unto him that he might serve the Lord in his Generation and though he now hath finished his Testimony in this World yet the remembrance of him lives with us in the Spirit of Jesus and he is accounted among the faithful Sufferers a Martyr for the witnesse of the Truth which ever liveth And for the space of nine years he laboured and travelled in the work of the Gospel aforesaid in most of the Counties of this Nation and was well known for his faithfulnesse among the Churches of Christ He was but little in stature in his outward man and of weak Constitution of body and was slow of speech and often more ready to hear then to speak he made little appearance in the man-hood of Excellency or Authority but was contemptable among men yet he was very wise and knew his season when to speak and when to be silent and when he spoke it was with much discretion and deliberation in weaknesse of words many times yet reached perfectly the matter intended by him and his speech was with Grace and in the fear of God and had Authority in
the use of carnal Weapons c. To which I answer 1. If all the People in the Land were of this Principle and Practise to deny to fight or rise up with Carnal Weapons at all this would prevent all Insurrections at home in our own Land and all the Fears thereof would be wholly removed and without doubt we should be in Peace and no occasion of Fears of Wars among our selves in our Country and if all the People of the Land were of this Principle and Practise this good Consequence would naturally follow we should be in perfect Peace in our own Nation and without all Doubts or Fears of the contrary But 2. And if this same Spirit and Principle and Practise were in all things believed and obeyed by all People such would be the vertue of the effect of it in the peace and love and comfortable union and fellowship that would flow forth among all people in our Land by such Spirit and Principle and also to other Peoples through the World that occasion would not be administred to any other Nations to invade or destroy us by rising up against us but such would be the vertue of such a Government wherein perfect peace were among the People in obedience to that Principle and Spirit that all the Earth would be engaged towards such a Government in love and obedience and would fear and tremble before the Lord to offend it yea such would be the Majesty and Power of the Lord God for such his People and would so appear for them against their enemies his People onely trusting in his power and arm of strength renouncing all the Confidence in the arm of Flesh the God of Heaven would appear for them in his Salvation round about them spiritual and temporal If I say men were all come to the Principle and Practise of Righteousnesse and Truth of Justice and Mercy and to renounce all the contrary and could deny all carnal Weapons and would trust the Lord onely to defend them and would in all things rely upon him such a People would be happy and blessed among themselves and also a happinesse to all the World and a joy and yet a terror to all Nations and the God of Heaven would defend them in all their wayes from the Fury and Wrath of the Wicked and if the Lord were wholly trusted to and depended upon by all people his eternal power would be seen alwayes in preserving of them for no man nor People ever yet trusted to the Lord and was failed in their hope and confidence 3. But to come into the belief and practise of that spirit and principle which cleaves onely to the Lord and trusts in him and altogether depends upon him for defence and preservation and renounceth carnal Weapons this is onely the work of the Lord in mans heart to beget People into the belief and obedience of the same it is God only by his Power and Spirit that must bring all men to this estate It cannot be taken upon a Person or a People if they will or who may be of this Principle and Practise that will this is not the way it is not thus come by no man can mould himself into such a frame as to believe and obey God in all things and so to trust the Lord as to renounce carnal Weapons but it is he alone that perswades the Heart and Conscience into the Faith and Practise of this So we enjoyn no man nor People unto it we may not perswade any man to lay aside all Carnal Weapons upon the penalty of damnation nor bind any such thing upon him with a Curse till God perswade his Heart And as it was God that wrought the same in us even to deny all carnal Weapons and never to fight more with them but to trust the Lord altogether and that upon the penalty of damnation so we leave it to him to work the same in others according to the Counsel of his own Will Lastly In full Answer to the Objection thus We are convinced in our Consciences by the Spirit of Christ of the unlawfulnesse to our selves of going out to War with carnal Weapons against any man in any case and we cannot do it but we sin against God yet we leave all People to do or not to do in that Case as they are moved and perswaded by the Spirit of Christ Jesus in their own hearts and may not perswade any man to or against this thing contrary to their own Consciences but as for us we being Convinced that we ought not to go out to War with carnal Weapons we must be obedient to the Lord in this matter and must follow the Lord in his leadings according to the light of Faith which we have received from him without respect to what may be the Consequence of the same we must not follow the Lord with respect to what effects may follow as of Peace or Trouble Joy or Heavinesse to our outward man but we must be obedient to the Lord absolute and not measure our love and faithfulnesse and obedience to him by either objected or real Consequences which may follow for we must and do trust the Lord in whatsoever may follow upon our outward man for our obedience to him so we are not further careful in any thing what the Lord may do or suffer to be done in any Case only t is our duty to stand in his Counsel and to walk in his Fear and to follow his Teachings and then we are certain nothing will come to passe as any Consequence thereof but what will be for our good and the glory of the Lord in the end for he hath given us hearts to trust in him and we do rely upon him for defence and preservation in all cases and are made of him to trust our souls and bodies with him in our obedience to his Will commending our selves into his hand of power to live or to die in our subjection to him according to his Heavenly Will and our Souls do desire that the same mind and heart were found in all People that they would obey him in all things and trust in him only and commit the Consequence thereof to him Oh! then should the day be blessed and the whole Earth made happy and the People rejoyce in the Salvation of the Eternal God Then should the Heavens sing for joy and the Saints and Angels rejoyce together when God alone is exalted in the midst of his People and all Faith and Obedience given to him by all the Sons of Men. THE CONCLUSION WE are and have been a Suffering and persecuted People by the powers of this World who have all risen up against us from time to time to destroy us and have taken many occasions against us and used many wayes and means for that end but the Lord God everlasting hath hitherto preserved us and kept us alive in his Name and by his Power and not only so but he hath enlarged us and increased us and made us to grow in strength in courage in boldnesse and in number also through all our Afflictions Sufferings and Persecutions and this is the Lords doings and it is marvelous in our eyes that even the same way which our enemies have taken and thereby thought to destroy us by that very way and means hath the Lord advanced us and promoted us raised us up and strengthened us and encreased us and this is to his Praise and Glory that all Flesh and the Wisdom thereof may be confounded and its purposes turned backward which is intended against the Lord and his Heritage we have seen the power of the Lord God often appearing in us and for us and we are evident Witnesses of his deliverances which he hath wrought and we cannot but sit down astonished in the remembrance of the things which our God hath done for his People in our age And though multitudes should rise up against us either in open actual furious Opposition or in more secret Contention by Arguments or what way else soever to overthrow us yet we have one Witnesse against them all to withstand them we have one Testimony wherewith to oppose them if multitudes should come against us in one day which Witnesse and Testimony in which our Strength and Confidence lyes is that of the Spirit of Christ Jesus in our own hearts which bears witnesse to us that we are the People of the Lord and he hath chosen us and he will defend us and preserve us and be with us unto the end for ever And this Witnesse is sufficient for us against multitudes of Enemies and we cannot fear