Free-born English Men. This on the Interruption R. We have power here to tender you the Oath without taking notice of any other Cause G.W. 'T is Preposterous to run us upon the Oath in the first place we being not committed for that but for other Causes R. You affront the Court. Is that a fit Word to give the Court to charge the Court with Preposterous proceedings or to that effect G.W. I do not charge the Court I do distinguish between the Recorder in this point and the Court He seeks to run us upon that first which in course is last according to his own Mittimus and Warrant And is not that Preposterous Let our Mittimus be read and that will shew we were not committed upon the Oath G.W. We ought to have due process or proceeding in due course of Law therefore the Court should know how we were first Arrested and turned into Goal by the Sheriff without Examination Mittimus or Warrant and how afterward had out and committed and what the Mittimus is What are the Premisses contained in it that we are to answer unto The Law of England is tender of mens Liberties Properties Estates and Lives all which are concerned in our Imprisonment Lex Anglia ' is said to be Lex Misericordiae i.e. the Law of England is a Law of Mercy one Reason whereof is that the Innocent may not be worn or wasted through long Imprisonment but be brought forth speedily to his Tryal according to Magna Charta c. R. Look what an Argument or Consequence you would draw from hence The Law of England is a Law of Mercy 't is Lex Misericordiae therefore Thieves or Malefactors c. must not be brought to condign Punishment c. or to that effect G.W. That 's none of my Consequence mine is the same that Judge Cook doth instance wherein the Law of England is Lex Misericordiae in that 't is tender of mens Liberties and prescribes a due course of Proceedure Interrupted as it may be applyed to our Case Either we are Innocent or Nocent if Innocent we ought to be heard and not delayed in Prison if Nocent or Criminal we ought to have due and orderly proceeding according to the Law of the Land that our Offence may the more plainly appear that others may take warning thereby and not incur the like Penalty or Suffering However let 's have fair dealing let 's not be unduely run upon diverted from our Plea and our Mouthes stopt so that the Court and People here cannot know what we suffer for No Free-man shall be taken or imprisoned or disseized of his Freehold or otherwise destroyed c. but by due process and order of Law This Magna Charta enjoyns where in the 29th Chapter 't is said No Free-man shall be taken or imprisoned c. but by the Law of the Land that is by due order of Law by due process according to Law The Law of England requires due process or proceeding from the very first Arrest taking and imprisoning to the very end and execution of the same Therefore the first Arrest Imprisoning and Committing us ought to be known and understood whether it was in due Manner and course of Law Yea or Nay Let us have our Mittimus read we expect it 't is granted and promised us by the Mayor and others indifferent A little respit in expectation of the Mittimus But the a R. Recorder seemed greatly offended at the Prisoners urging this and at the Mayor and Justices assenting to it G.W. Seeing that the Law is tender of English mens Liberties as that no Freeman shall be taken or imprisoned c. without due proceeding in Law c. 'T is but meet and reasonable that the Court and People here should understand what capacity and repute we are under among our Neighbours that is whether as Freemen of England and of any Repute among our Neighbours or as Bond-slaves Rogues or Vagrants Renegado's c. Hear what our Neighbours say of us we desire their Certificates may be read R. What have we to do with your Certificates wiâ—l any Swear to them that they are true ones G.W. They are real Certificates pray let them be read here they are R. We do not know but that you might make them your selves in Prison G.W. They are no Fictions Pray read them or let them be read they are from Persons of Credit and Repute as Common-Council men Deputy Constables Church-Wardens and others R. They shall not be read G.W. We beg they may be read Look upon this Certificate here 's the Persons own Different Hands to it it may tend to inform the Court and to remove Suspition and Jealousies concerning us But this would not be granted the Prisoners G.W. Seeing our Certificates may not be read nor suffered to be read which is but hard measure now let our Mittimus be produced several expecting the Keeper had sent for it Pray let us have our Mittimus produced and read R. We have it not the Goaler has it G.W. Where is it Keeper produce it thou hadst it R. to the Prisoner No doubt you have a Copy G.W. Yes we have May I read it I crave Liberty of the Court to read it that the Court may understand what we are committed for and to answer to that this Court is to take Judicial Cognizance of c. Court The Justices asked the Question from one to another to have it read generally assenting thereunto as being of the Mind it ought to be read Justice Briggs I am of the Mind it should be read What say you Mr. Bendich J. Bendich Yes truly I am of the mind it should be read J. Briggs Pray speak to Mr. Mayor which was done Mayor to the Recorder Sir the Justices are agreed it should be read R. Turning himself towards them as one greatly offended that the Mittimus should be read G.W. It concerns the Court to let us have our Mittimus read I am ready to read the Copy seeing it may not be otherwise produced and read Shall I read We expect that Justice from the Court that it should be read R. Let them read it then I am not ashamed of it then read the other also for you have them both Court You may read it G.W. Now we have the leave of the Court I hope you 'l keep to it Observe it 't is a true Copy The Mittimus read which followeth The Mittimus viz. City and County of Norwich WHereas George Whitehead of the Parish of St Buttolph in London Grocer and Thomas Burr of Ware in the County of Hartford Maulster have this day assembled together with several other Persons in Disturbance of the publick Peace and against the Laws of this Realm and being required to find Sureties for their respective appearance at the next General-Sessions of the Peace Fra. Bacon to be holden for the said City and County to answer the Premisses which they refused so to do These are
have so much Charity Humanity and good Nature towards us as not to think so hardly of us for our Conscientious perswasion as if we justly demerited any such severe Penalty a the Judgment of a Praemunire to be put off the Kings protection c. next to the punishment of Traytors when we bear no ill will to the King we have notâ—ing but Love and good Will to the King and his People Surely that Severity cannot in Reason or Equity be adjudged secundum Qualitatem quantitatem delicts supposed in our case if due measures be taken according to Equity and the Law of God in the Conscience which as the Learned conclude admits not in all cases of taking all that the Words of the Law give for that were sometimes to do against the Law To follow the Words of the Law saith Doctor and Student were in some cases both against Justice and the Common-Wealth Wherefore â—n some cases it is necessary to leave the Words of the Law and to â—ollow that which Reason and Justice requires as it is asserted Dâ—ct and Stud. pag. 27. Every man ought to have a due recourse and regaâ—d unto thiâ— inward Law of Reason and Equity in his Actions for which all aâ—e accountable to him whose Eyes are upon all the wayes of the Sons of Men. If we be questioned why we did not procure a Writ of Habeas Corpus before or at first We Answer We were not willing nor advised to do that because we did not despair to have Justice done us among you here nor do we yet which we really reckon more Honourable for this City than to delay us under a wronful Imprisonment And now as praecipitatio morosa cunctatio i.e. Too much rashness casting men down Head-long and Froward delay are accounted two great Adversaries to the due Execution of Law and Justice and we really apprehend our selves injured by the first especially through Francis Bacon's precipitant procedure We desire that none in Authority in this City may be concerned in the last towards us to the prolonging us under this restraint so far remote from our Families and Concern to the injuring of their own Consciences as to their inward Peace and our further Oppression and Grievance Moreover being sensible of a divine Hand of Providence in permitting our suffering in this place as also that our Religious cause should lose nothing by our Imprisonment as we told Francis Bacon at first we have been the more Armed with Patience and clearness of Spirit in Love and Good Will towards the Magistrates of this City Also our tenderness and respect to them has been some stop to us hitherto from presenting our Grievance â—as a Formal case to the King ‖ ‖ Though we suppose he had heard by others of it and Council which we really intended by way of Complaint if the late Recorder had continued in place seeing him so much bent against us and if the Justices would have been swayed by him as that we could not have found Relief from them after Application made to them And then from so little Converse and Solicitation as I * * i.e. G.W. have been concerned in at Court I could easily presuppose how the Irregular and Arbitrary proceedings of Francis Bacoâ— and the others Omission apparently repugnant to the Interest of both King and People would have been resented and what Reflection it would have procured Which method we find advisable and warranted for any Subject that is â—uâ—tâ—r grieved in any thing that Remedy may not be delayed as 't is very plain in the Stature 4 Hen. 7. cap. 12. which Judge Cook insists upon as a necessary Caveat to all Justices of Peace See his Institutes 4 part fol. 170. The Party grieved being directed to make complaint to the Justice or Justices and to cesire Remedy and if he have no Remedy to shew his Complaint to the Justices of Assize if it be nigh the time of their coming but if it be too long before their coming then the Grieved to come to the King's Highness or his Chancellor to shew his Grief Whereupon the King shall send for the said Justice to know the cause why his said Subjects be not cased And if he find any of them in default in these Prâ—misses he shall do to him â—o offending to be put out of the Commission c. 'T is true we have intelligent Friends at London and that some of them understanding how hardly and wrongfully we have been dealt withal have used some Solicitation on our behalf to some Persons of Quality though we have not as yet given any direction for a formal Complaint to the King upon our case And what Interest hath already been sought or pâ—oâ—ured for us was never intended to interier with the Law or Invalidate the due course of it because they knew we had it hot nor to set up Prerogative above or in opposition to Law and Justice Though we must needs assent that the King hath a Prerogative in all things that are not injurious to the Subject and Fower to disable such subordinate Ministers as do injure any of his Subjects by the undue er Male. Admimstration of Law The Earl of Yarmouth to whose kindness we are much obliged hath been pleased to mediate on our behalf by Letters desiring that all the Favour the Law will allow us may be shewn us as having received sufficient Testimony concerning our Reputation as being no Papists in order to remove that suspition pretended to the contrary to render us Obnoxious And we hope he will be of so much Credit and Repute with you as neither to expose us to the Severity of the Law for our Conscientiously fearing to Swear nor yet to prolong us under restraint upon any such Infamous or Causeless suspicion of what we really are not prejudicially insinnuated * * 1 st By the Informers 2 dly By Francis Bacon by such Questions as the late Recorder put to us As First Are you not in Orders from Rome or have you not Orders from thence Will you take the Oath of Allegiance to distinguish your selves c. Secondly Do you not hold it lawful to Lye or to tell an officious Lye in some Cases Thirdly It might be you might make your Certificate your selves in Prison With such like perverse Insinuations before and at Sessions to render us Obnoxious and Odious and to cover his Erroneous and Arbitrary proceedings God preserve and direct you and us Norwich Goal the 3d of the 5th Moneth 1680. This Account is given you in real Love and Good Will which we can assure you we bear towards you as we are your Friends who truly wish you well G.W. T.B. Delivered to the Recorder by M. Defrance the 10th of the 5th Moneth His absence from the City caused the delay of the Letter so long For proof of matter of Fact in charge that it may plainly appear the said Francis Bacon when Recorder awarded two kinds of Punishments
That is by our living peaceably under the King and Government R. Do you scruple any Word or thing contained in the Oath If you do tell us what it is G.W. We both own and can sign the Declaration of Allegiance in opposition to the Pope and Popery And to those Seditious or Treasonable Practices and Positions abjured and renounced by that Oath R. Do you hold it unlawful to take an Oath in any case G.W. We are not commited to Prison to answer to Questions at Sessions but to Answer to the Premisses contained in our Mittimus R. Do you not hold it lawful to tell a Lye i.e. an Officious Lye to prevent an eminent danger c. or to that effect G.W. No by no means that 's not a true Protestant Principle to tell or maintain an Officious Lye so called R. Will you take the Oath c. If you will hold up your Hand as a Testimony that you do take the Oath or Swear that shall serve c. G.W. We have a Protestation or Declaration against the Pope Popery which was delivered to the Committee of Parliament and thereby judged sufficient to distinguish us from Popish Recusants We crave leave of the Court to read it R. What difference is there between a Protestation and an Oath G.W. It may be a Protestation or Testimony against Popery yet not an Oath I pray you let 's read our Protestation that we may not lie under Suspition without cause Court You may Read it The Protestation read in Court which followeth A Protestation or Declaration to distinguish Protestant Dissenters from Popish Recusants I A.B. do in the presence of Almighty God solemnly profess and in good Conscience declare It is my real Judgment that the Church of Rome is not the Church of Christ nor the Pope or Bishop of Rome Christ's Vicar And his or their Doctrines of deposing Heretical Princes and of absolving their Subjects of their Obedience Of Purgatory and Prayers for the Dead Of Indulgences and worshipping of Images Of adorning and praying to the Virgin Mary and other Saints deceased And of Transubstantiation or changing the Elements of Bread and Wine into the Body and Blood of Christ at or after the Consecration thereof by any Person whatsoever are False Erroneous and contrary to the Truth of God declared in the holy Scriptures And therefore that the Communion of the said Church is Superstitious and Idolatrous And I do likewise sincerely testifie and declare That I do from the bottom of my Heart detest and abhor all Plots and Conspiracies that are or may be contrived against the King or Parliament or People of this Realm or the true Protestant Religion therein professed And I do hereby faithfully Promise by God's help to live a peaceable and sober Life as becometh a good Christian and Protestant to do And all this I do acknowledge intend declare and subscribe without any Equivocation or Mental Reservation according to the true Plainness Simplicity and Usual signification of the Words Witness my Hand G.W. This was excepted by a great Committee and entred the Journal of Parliament in order to distinguish us from Popish Recusants c. R. We have not a Law to except it 'T is not enacted or made a Law We must proceed according to Law c. You seem to declare for the true Protestant Religion c. When you dissent from the Church of England ‖ This renders Protestancy but in a narrow compass as if all Dissenters were no Protestants I am not in that Point satisfied with your Declaration or to that effect G.W. We have no Mental Reservation in the case We are willing and ready to sign this Declaration Interrupted when about adding these Words viz. The true Protestant Religion is wholly opposit to Popery It stands in Protestation or Testimony against Popery 'T is a Negative Testimony thereof So far as any Protestants in the Church of England or elsewhere do really protest against and sincerely disown Popery so far are we of the same Judgment with them But there are Protestants of several degrees some are more refined and more clear of Popery than others G.W. Is there any Evidence against us to prove the Premisses contained in our Mittimus Where are our Accusers R. The Premisses what are they G.W. The being at an unlawful Assembly in disturbance of the publick Peace as is pretended against us Let 's be tryed and either condemned or acquitted hereupon R. I was more favourable to you than you deserved For I could have drawn an Indictment against you at Common Law and brought you to a Tryal upon it Which being found against you I must have fined you R. We who are in Commission for the Peace are Lex loquens and to give the true meaning of the Law We are not to make Laws but to Interpret the Law We are to punish or amerce Offenders secundum Qualitatem secundum qualitatem delicti c. G.W. We are not at present about to justifie our selves as to matter of Fact We are willing to hear Evidence what any can prove against us in relation to our Assemblies Let 's have due Process R. If the Court will agree to it wee 'l Adjourn And I will provide an Indictment and give order that the Witnesses shall be here and will give it to the Grand â—nquest And if they find it against you you shall be fined Forty Pound and Imprisonment till payed c. Prisoner It seems the Witnesses are yet to procure Is there any here that can give Evidence against our Meeting of the breach of the Peace c. R. That 's a Lye I did not say I would procure Witnesses that 's Scandalous T.B. We desire that no advantage may be taken against us for a Word You ought not to take advantage c. G.W. I intended no offence in the word Procure I intended it not in the worst Sense i e. as by way of Subornation for I intended no other than according to the Recorders own Words That Witnesses should be here or the like which doubtless many present heard Prisoner Well we refuse not to be Tryed upon the Charge in our Mittimus touching our Meeting c. R. You shall have the Oath put to you And I 'le tell you what danger you incur If you refuse to take it you are to be put out of the King's protection your Lands and Estates forfeit to the King and your Bodies Imprisoned during the King's pleasure c. G.W. We understand what a Praemunire means according to the Statute of Praemunire made in the sixteenth Year of King Richard the second Though there 's no Equity that should be brought upon us whilst we Practice our Allegiance Suppose we cannot for Conscience sake Swear 'T is but hard measure to bring us under the penalty of Praemunire for that cause only What Equity can there be in it Seeing we utterly deny the Pope and Popery c. To which we may justly
first Ecxeption observe First That the Form of Mittimusses or Warrants of Commitment of Persons to the common Goal ought to be in his Majesties Name or in the Kings Name or on the behalf of our Lord the King c. Dalt Just pac fol. 348 349 350 351. As Dalton shews formal Presidents * His Presidents of Mittimusses only such Warrants as are for the Commitment of Rogues and Whores and idle Persons c. to the House of Correction are sometimes made in the Justice's own Name only See Daltons Presidents as to the form of Warrants of Commitment fol. 348 349 350 351. printed in the Year 1622. Reason for Exception 2d 29 Car. 2.1677 Secondly That in the Act for the better Observation of the Lords Day commonly called Sunday there is this provision made Claus ult Provided also that no Person or Persons upon the Lords Day shall serve or execute or cause to be served or executed any Writ Process Warrant Order Judgment or Decree except in cases of Treason Fellony or breach of the Peace but that the Service of such a Writ Process Warrant Order Judgment or Decree shall be void to all Intents and Purposes whatsoever And the Person or Persons so serving or executing the same shall be as liable to the Suit of the party grieved and to answer Damages to him for so doing thereof as if he or they had done the same without †Thus the Sheriff did by the Prisoners any Writ Process Warrant Order Judgment or Decree at all Observe The Case of the said Prisoners in relation to the Meeting aforesaid where they were apprehended was neither a case of Treason Fellony nor breach of the Peace they being peaceably assembled and in a peaceable habit and posture and for no Evil intent whatsoever Therefore the whole process against them on the said 21st day of March 1679. being the Lords Day both by Sheriff and Recorder were against the Law First In apprehending and Imprisoning them without Mittimus or Examination And Secondly In the Recorder's making a Warrant of Commitment and sending them to Goal on the same Day when neither Treason Fellony nor breach of the Peace were proved or justly chargeable against them Observe These foregoing Exceptions against the said Imprisonment and Warrant of Commitment were not read in Court nor the following Notes relating to matter of Fact though both had in readiness because the said Warrant of Commitment was not insisted on by the Recorder but let fall when his Warrant for detention was detected and made invallid in Court And here it may not be amiss to add some Notes out of Dalton and others concerning the Breach of the Peace and Assemblies what are unlawful and what lawful Peace in effect saith M. Fitz is the Amity Confidence and Quiet that is between men And he that breaketh this Amity breaketh the Peace Dalt fol. 7. Peace in the common acceptation Yet Peace in our Law most commonly is taken for an abstinence from Actual and Injurious force and offer of Violence so is rather a restraining of hands than an uniting of Minds And for the Maintenance of this Peace chiefly were the Justices of Peace first made Breach of the Peace what The breach of this Peace seemeth to be any injurious Force or Violence moved against the Person of another his Goods Lands or other Possessions whether it be by threatning Words or by furious Gesture or force of Body or any other force used in terrorem Populi Of Riots Routs unlawful Assemblies When three Persons or more shall come or assemble themselves together to the intent to do any unlawful Act with Force or Violence against the Person of another his Possessions or Goods Dalt fol. 200. Br. Riot 5. Crom. 68. P.R. 25. as to Kill Beat or otherwise to hurt or to Imprison a man to pull down a House Wall Pale Hedge or Ditch wrongfully to cut or take away Corn Grass Wood or other Goods wrongfully or to do any other unlawful Act with Force or Violence against the Peace or to the manifest terror of the People 1 Ma. 12. If they only meet to such a purpose or intent although they shall after depart of their own accord without doing any thing that this is an unlawful Assembly Now in Riots Routs or unlawful Assemblies these four Circumstances are to be considered 1. The Number of Persons assembled 2. The Intent or Purpose of their Meeting 3. The Lawfulness or Vnlawfulness of the Act. 4. The Manner or Circumstance of doing it See the Statute of 1 Ma. 12. 1 Eliz. 16. Assemblies Lawful Assemblies lawful Dalt fol. ibid. 201. But an Assembly of an Hundred Persons or more yea though they be in Armour yet if it be not in terrorem Populi and were assembled without any intent to break the Peace it is not prohibited by any of these Statutes nor unlawful Crom. 62. P.R. 25. For the intent it seemeth it can be no Riot c. except there be an intent precedent to do some unlawful Act and with violence and force Dalt fol. 202. Also where there be three or more gathered together either to execute the Justice of the Law or for the exercise of Valour and tryal of Activity or for the increase of Amity or Neighbourly Friendship and not being met with an intent to break or disturb the Peace or to offer Violence or Hurt to the Person of any Such Assemblies be not prohibited by these Statutes NOR VNLAWFVL Observe But the Meetings of the People called Quakers are for the increase of Amity and Neighbourly Friendship and not with any Intent to break or disturb the Peace or to offer Violence or Hurt to the Person of any Therefore the Assemblies of the said People called Quakers are not unlawful nor against the Peace Note That the foregoing Quotations out of M. Dalton were taken out of an old Impression from which the newer Impressions differ as to the Folioes and so may not be so readily found in the new ones though they be in them all Here follows a Copy of the Discharge of the aforesaid Prisoners Norwich AT the the General Sessions of the Peace holden for the City of Norwich and County of the same before Robert Freeman Esquire Mayor of the City of Norwich John Norriss Esquire Recorder of the said City John Mingey squire Steward of the said City and other his Majesties Justices of Peace of the said City the 12th of July in the two and thirtieth Year of the Reign of our Soveraign Lord King Charles the second c Annoque Dom. 1680. Proclamation being there Publickly made That if any Person would come into the Court and give any Information or Evidence or prefer any Bill of Indictment against George Whitehead and Thomas Burr Prisoners at the Barr and they should be heard And because no Person came into the Court to prefer any Indictment or to give in any Information
Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England or in other mannor than is allowed thereby Answ We answer 1 st That the words Colour or Pretence have relation to the Preamble as Who under pretenve of tender Conscience have or may at their Meetings contrive Insurrections as late Experience hath shewn But such pretence or colour of Religious Exercise for any such Contrivance were Abominable Deceit and Hypocrifie and never chargeable upon us or our Assemblies We can challenge the whole VVorld to detect us herein 2 dly We are not conscious to our selves of any such matter of Fact committed in our Assemblies and on our part which the Liturgy or Practice of the Church of England allows not If we be herein charged let 's know what it is that we have done in our Assemblies which the Liturgy and Practice of the Church of England allows not of seeing the Liturgy allows of the holy Scriptures which we are sure allow of and enjoyn Christians Assembling together to wait upon and worship God in Spirit and Truth and of the manner thereof as to the places whether in Houses or abroad in Fields or Mountains which is our case both as to the matter and manner of our Assemblies Obj. If it be still objected That our Meetings are under colour and pretence of an Exercise of Religious Worship in other manner than according to the Liturgy and Practice of the Church of England Answ We answer 1 st What that exercise of Religious worship is that is in other manner than according to the Liturgy should be explained unto us and that according to Law seeing this late Act against Conventicles does not explain What Manner ' t is But 2 dly we find in a Statute made in the first year of Queen Elizabeth Chap. 2. That that other Manner is thus explained viz. †What other Manner the Liturgy allows not That if any Person or Persons whatsoever shall by open Fact Deed or shall by open Threatnings compell or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedrial or Parish Church Chappel or in any other place to sing or say any common and open Prayer or to minister any Sacrament otherwise or in any other Manner and Form than is mentioned in the said BOOK c. This does not at all reach our case we are not found guilty hereof and therefore are not condemnable by the Law in this case this concerned the Clergy not us and we neither threaten compel cause or any wise procure or maintain any Parson Vicar or any else to sing or say any common or open Prayer or to minister any Sacrament in any Cathedrial or Parish-Church c. we are so far from that we compel No Body to any Form of Singing or Praying in God's Worship but perswade men to serve and worship God as he directs and for that end desire all may come to his divine Grace and good Spirit in their Hearts to guide them in his holy Worship both as to matter and manner of praying and praising his Name that they may serve and worship him not in the oldness of the Letter but in the newness of the Spirit for such he is even in our days seeking to worship him as must worship him in Spirit and in Truth and such both pray with the Spirit and sing with the Spirit and with Understanding according to the antient Apostolical Testimony and Practice of the Primitive Spiritual Christians Norwich An Account of the People called Quakers sent to Prison by Francis Bacon when he was Steward and also since he was Recorder and those Mayors of the City of Norwich who joyned with him since the late Act against Conventicles 22 Car. 2. came forth 1670. THe 10th of the Moneth called July 1670. Thomas Buddery John Rust Edward Monk William Waymor and Anthony Alexander were sent to Prison upon pretence of a Riot for telling People as they passed to the Mayors House there were the Informers when people were inquisitive to know which they were by a Warrant from the then Mayor and Francis Bacon Steward signifying no crime in the Warâ—…nt but till they could find Sureties for the Behaviour where they were in Prison till the Sessions and an Indictment brought against them for a Riot but the Grand Jury were found better Justices and would not find the Bill They were detained Prisoners about five weeks 1670. Samuel Duncon and Anthony Alexander in the year 1670. made their Appeal where in stead of having Justice done them the said Francis Bacon being Judge of the Sessions did absolutely surprize them by his Illegal Proceedings refusing to give them a Copy of the Records and made one Witness being also a party serve his turn and the Act says there must be Two for which they wrote to the Mayor Steward and Court of Aldermen telling them of their Injustice and for so doing they were committed to Prison by the said Mayor till they should find Sureties for their appearance at Sessions upon pretence of scandalous Expressions in their said Letter who was observed to Tremble when he signed the Mittimus and for it they were kept Prisoners about A YEAR 1676. Thomas Atkins was taken out of a Meeting the 17th of the 5th Moneth 1676. by Constables and Informers and being had before the Mayor and Fr. Bacon Steward and several Aldermen in their Council-Chamber some of them being very bitter and cruel saying he should pay his 20 l. and they tendered him the Oath of Allegiance and he refusing to Swear they sent him to Prison where he was detained about fourteen Weeks 1678. Thomas Murford had his doors broke open by a Constable having a Warrant from Francis Bacon Recorder for 20 l. Thomas being not at home who made his Appeal when he came home but the Recorder being Judge and having a Jury for his purpose carried the Case and from the Court committed Thomas to Prison where he was detained twenty Weeks 1678. Simon Gogny was sent to Prison the 16th of the 1st Moneth 1678. by Francis Bacon Recorder till he should find Sureties for his good Behaviour Because the said Simon spoke to him when he came himself to break our Meeting something on that occasion by way of Warning telling him of Empson and Dudly he was detained eight Weeks and odd dayes 1679. Thomas Buddery was sent to Prison by Francis Bacon Recorder the 30th day of the 1st Moneth 1679. till he should find Sureties for the Peace so expressed in his Mittimus Because he answered in defence of Truth in these words viz. The Service of God is Perfect Freedom he was detained in Prison six weeks odd dayes Norwich A brief Account of what Goods have been taken from some of the People called Quakers in Norwich since the Year 1670. to this 30th day of the 1st Moneth 1680. by Warrants from Francis Bacon