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A60650 A second relation from Hertford containing the unjust proceedings of some called justice there at the general quarter sessions, upon the tryal of one and twenty innocent persons called Quakers for a pretended breach of the late act, with an account of the most material passages between the prisoners and the court, the 3d, 4th, and 5th dayes of the 8th moneth, 1664 : whereby it appears that meeting to worship God in spirit and truth is the great crime for which they are under so grievous a sentence, and that whatever is pretended by those that love the title of justice, yet in very deed they hate justice it self, as by their proceedings appears / by W.S. Smith, William, d. 1673. 1664 (1664) Wing S4326; ESTC R32690 16,865 24

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change every day Tho. Bur. Thou hast not found us so changeable hitherto neither wilt thou W. B. I desire the light may not be villified for it is the Grace of God that brings salvation and I will gladly tell you what it hath done for me it hath redeemed me from a vain conversation and taught me to live soberly in this world Interrupted by Tho. Vic. Fan. You have broken this Luw meaning the late Act which is not to hinder you from your Religion but to hinder you from your Meetings and you are not to meet W. B. If men or Laws command one thing and the Lord requires another which should I obey Unto which the Court returned no answer H. Chancy Thomas Burre were you at Thomas Burdocks House T. B. Yes H. C. What was your end of being there T. B. To answer the end for which I was born into the world and for which I have my life continued to me unto this day viz. To worship the Lord in spirit and truth who ought to be worshipped at all times and in all places and for that end we shall meet there or in other places as we have freedom Interrupted Then H. Chancy spake to the Jury and said Gentlemen I think the evidence is sufficient and they themselves confess that they were there one saith that he was there to worship the Lord another saith that he was there to wait upon the Lord and the other to worship God in spirit and truth which is in effect all one and they have been twice convicted already upon record So he caused the Records to be read to the Jury The Prisoners would have spoken further to the Jury but were not permitted but commanded to be set by and the Jury commanded to go forth who quickly returned agreed upon their verdict that the foresaid four prisoners were all guilty Prisoners It is little to be condemned by men when the Lord justifies H. C. Look to them Goalers and make room for the other Prisoners Then were set to the Bar Robert Crook Thomas Crawley Samuel Wollaston Robert Faireman Richard Thomas Francis Haddon William Brown Then the several Indictments were read which for matter and form were the same with the former except onely that these were met at an house adjoyning to the dwelling house of Nicholas Lucas in the Parish of All-Saints in Hertford And Robert Crook aforesaid being by himself set to the Bar Thomas Burge Clerk as aforesaid asked him If he were guilty of this Indictment or not guilty R. C. Where was it that I was taken Cl. In the house belonging to N. Lucas R. C. Is not that within the Corporation Cl. Yes R. C. It was read in the Indictment that I was a Subject to the King Cl. Are you not R. C. Yea I am and being a Subject whether I have not a due right to by tryed by the Court of the Corporation wherein I was taken Tho. Vic. Fan. You were committed to the County Goale and so you ought to be tryed by us or words to that effect Cl. You are to plead guilty or not guilty now and may be heard concerning that afterward R. C. I am ignorant of your Laws and do not know my time or place for that Cl. Are you guilty or not guilty you must plead R. C. I have no guilt upon me as for what I am accused and apprehended Cl Set Thomas Crawley to the Bar Are you guilty or not guilty T. C. Not guilty Cl. Set Samuel Wolleston to the Bar. Are you guilty of those Crimes whereof you stand indicted or not guilty S. W. Not guilty Cl. Set Robert Faireman to the Bar Are you guilty of the Crimes whereof you here stand indicted or not guilty R. F. I am not guilty of the breach of any just Law Cl. Set R. Thomas and Fr. Haddon to the Bar You stand here indicted fer being at an unlawful Assembly in an house adjoyning to the dwelling house of Nicholas Lucas with several other Malefactors What say you are you guilty or not guilty R●chard Thomas This pretended offence was committed within the Borough of Hertford which Corporation hath power by vertue of their Charter to try any matter of Fact within it self Treason and Felony excepted and therefore I conceive that I ought to be tryed at the Corporation Sessions not at this Court for by the Magistrates of this Corporation we were committed some of us are Members of it and therefore by them ought to be tryed H. C. I must tell you That the Justices of the Corporation have turned you over to us and it is according to the Act that we should try you therefore you must plead guilty or not guilty R. T. I think not so for the Act saith of such pretended offences that they are to be tryed within the Limit Liberty or Division wherein they were committed Tho Vic. Fan. You must plead to this Court for there have some of this Corporation been tryed in the like case before the Lord Chief Justice Bridgeman one of the gravest and most learned Judges that ever sate upon this Bench at the last Assizes here they coming first which is according to the Act. R. T. That might be done there for that Court sate by a Commission of Oyer and Terminer and in some sense comprehended the Corporation but you are the ordinary Quarter Sessions and have no such special Commission Interrupted Tho. Vic. Fan. We have a special Commission and have power to try you here R. T. We were committed twice for that you call the first and second offence by the Magistrates of the Corporation to their Prison and for the third offence by some of the same Magistrates were sent to the County Goal who are no Justices of the Peace for the County meaning the Mayor and Robert Deane And further I would ask this question Whether if the Corporation Sessions had come first should such as had been taken in the County and committed to the County Prison been brought from thence and tryed by the Corporation Sessions One of the Justices upon the Bench J K. stood up and answered Yes by which it appears that the young man hath more authority then knowledge of the Laws and Customs of the Corporation although he be a Member of Parliament as one of the Burgesses for that Corporation T. Vic. Fansh. You shall not be permitted thus to stand pleading here to over rise the Court. R. T. It is not like that I shall over-rule the Court but the Court may over-rule me although by Law they cannot Cl. You must answer whether you are guilty or not guilty R. T. Not guilty according to manner and form of the Indictment Cl. Francis Haddon what say you are you guilty or not guilty F. H. Inasmuch as I had no evil intent in meeting I am not guilty Cl. William Brown what say you are you guilty or not guilty W. B. I am not guilty of evil doing Proclamation being then made That if
A Second Relation from HERTFORD CONTAINING The unjust Proceedings of some called Justices there at the General Quarter Sessions upon the Tryal of one and twenty innocent Persons called QUAKERS for a pretended breach of the late Act with an account of the most Material Passages between the Prisoners and the Court the 3d 4th and 5th dayes of the 8th Moneth 1664. Whereby it appears that Meeting to Worship God in Spirit and truth is the great crime for which they are under so grievous a sentence and that whatever is pretended by those that love the title of Justice yet in very deed they hate Justice it self as by their proceedings appears By W. S. Woe to them that devise iniquity and work evil upon their beds when the morning is light they practise it because it is in the power of their hands Micha 2.1 Judgement is turned away backward and justice standeth afar off for truth is fallen in the street and equity cannot enter Isa 59.14 Printed in the Year 1664. THe Court set in the usual place Henry Chancy being Judge together with these who are stiled as followeth Thomas Vicount Fanshaw with his Son Thomas Fanshaw Knight of the Bath Brocket Spencer Baronet Richard Atkins Knight and Baronet John Gore and Richard Lucy Knights Thomas Stanley Esquire and James Wilmot Commissioners for the Peace of the said County his Assistants with several others who did not manifest themselves so far from moderation and tenderness as most of the persons afore-mentioned The first day of the Sessions being the third day of the 8th Moneth passed with little concerning the people called Quakers save that the grand Jury was empanelled of persons pickt out of many who were warned to attend that service care being taken that such should be left out and laid aside that were more moderate and only such made use of as were eminently disaffected to the persons that were to be tryed and so far ingaged by prejudice as resolved to find the Bills beforehand which thing was so much the easier in that their way was ready thereunto by a precedent made by Judge Bridgeman in the like Cases at the late Assizes holden for the said County of Hertford ON the 4th day in the Morning four of the Prisoners called Quakers were brought to the Bar viz. Lewis Laundy Thomas Moss William Burre and Thomas Bur of Baldock in the said County Their Indictment being read by Thomas Burges Clerk of the Peace there which was to this effect * That the aforesaid persons being assembled at an unlawful Meeting or Conventicle at the House of Thomas Baldock of Baldock aforesaid under colour and pretence of Religious Exercise contrary to the Liturgy or use of the Church of England with divers other Malefactors contrary to the form of the late Statute to the disturbing of the Peace and endangering the Kings Crown and Dignity Lewis Laundy was called to the Bar. Cl. Lewis Laundy are you guilty of these offences for which you stand indicted or not guilty L. L. I am an innocent man and have wronged no man neither have I transgressed any just Law that I know of neither have I done any thing for which I deserve here to stand indicted or words to that effect Hen Chancy This is not an answer sufficient you must plead guilty or not guilty L. L. I am not guilty of the Breach of this Law Then Thomas Moss was called to the Bar. Cl. Are you guilty of this Indictment or not guilty T. M. That in the Indictment which is true as my Meeting at Thomas Baldocks House I am guilty of but as for meeting there with Malefactors to the breach of the Peace I am not guilty of The next called to the Bar was William Burre Cl. What say you William Burre are you guilty or not guilty W. B. As to the substance of the Indictment that I am charged with as meeting with Malefactors and disturbers of the Peace I am not guilty The last of the four aforesaid Thomas Burre was called to the Bar. Cl. Are you guilty or not guilty of this Indictment T. B. Not guilty of unlawful Assembling unless it can be proved to be unlawful to meet in the name of the Lord. Cl. You must plead guilty or not guilty T. B. Not guilty Cl. How will you be tryed Prisoners By the Witness of God in our Countreymens Consciences Court Well well that 's well enough Then a Jury was called sworn and charged in the usual way form and manner well and truly to try betwixt the King and the Prisoners at the Bar and to make true deliverance and bring in their verdict according to evidence c. Their names are John Taylor Henry Castel George White Edmond Ralph Ralph Thorne George Ward John Watty John Bessex Francis Genne William Joyce Edmund Noads Edward Hammond Then the Indictment was read again and the Witnesses called and sworn H. Chancy Stephen Young what can you say against the Prisoners at the Bar S. Young May it please your Worship I took them at Thomas Baldocks house met together H. Chancy How many was there S. Young About sixteen men and women H. C. What did you see them do there S. Y. Nothing they were sitting still and did say nothing nor do nothing as I saw H. C. Was it the place they usually met at S. Y. Yes The other Witnesses being called spake to the same purpose and no more H. C. Lewis Laundy What say you for your self L. L. We are no Malefactors neither are our Meetings unlawful nor under colour and pretence of Religion but really to Worship the Lord neither are we Contrivers of Plots nor Disturbers of the Peace nor have we made Insurrections therein neither are our Meetings contrary to the Liturgy of the Church of England for that sayes we must worship God in spirit without any limit to time or place Interrupted H. C. What say you Thomas Moss what did you at Thomas Baldocks what was the end of your Meeting T. M. It was to wait upon the Lord to receive refreshment from his presence which is more to me then all the worship in world where the presence of the Lord is not felt Cl. William Burre what say you for your self W. B. I have frequented those Meetings these seven years at Baldock and if there be any that can accuse me of those things charged against me let them speak H. C. But wherefore did you meet there W. B. Because the Lord God of heaven and earth required me and my eternal salvation was upon it if I disobeyed the Lord and therefore if I suffer I suffer for obeying the Lord. Tho Vic Fansh. Where doth the Lord command or require you W. B. In my Heart and Conscience Tho. Vic. Fansh. That is the light within you but your light is darkness and a melancholly vapor of the brain and leads you to one thing to day and another thing to morrow and I know not what the third day so you