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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30548 To Charles Fleetvvood, steward, Robert Hatton, recorder, Sackford Gunstone, Henry Wilcock, baliffs being judges in the Court of Kingstone upon Thames : the state of the old controversie ... between Richard Mayo, plaintiffe, and Edward Burrough, defendant / by Edward Burrough. Burrough, Edward, 1634-1662. 1659 (1659) Wing B6035; ESTC R12828 12,746 18

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a good Conscience which if ye do condemn me for speaking the truth I do and must tell you while I live that your judgement is unjust and you act contrary to a good Conscience and are unrighteous judges and that you commit the great abomination in justifying the wicked and condemning the Righteous And is it not a shame to him that professeth to be a Minister of Christ to plead the loss of his livelihood and of his calling and the poverty of his wife and family c. because of my speaking the truth to him Never any of Christs Ministers pleaded any such thing Were not they reproached and much spoken against And they were called Deceivers and seditious men and such like and did they proceed on this manner as he hath done against me Nay they forgave their enemies And if I had spoken falsly of him as I have not he ought not to have done thus if he had been a Minister of Christ as he professeth and doth his livelihood and his place and his maintenance of himself and his family depend upon my forbearing to speak the truth For he pleads that he is damnified and endangered in all these by what I have spoken And I still testifie and all good men knows that I have given no offence saving then speaking the truth and rather then he shall be damnified by my speaking the truth of him Will you unjustly damnifie me for speaking the truth Is this the way of justice to condemn the truth that I have spoken to save the guilty from supposed danger Consider of this and save your selves from unjust judgement least the Lord justly Judge you and condemn you This I shew in short and much more I might as to the unjustness of the action prosecuted against me and now I come to shew something of the unjust proceedings in this matter against me in the time of my tryal and other times and some part thereof I here lay before you that you and all may see I have had as unjust proceedings against me in the matter as an unjust action at first brought upon me At my first appearance in my first answer I demurred to the jurisdiction of your Court and shewes that your Court and Judicatory being temporal you could not in that Courtt ake cognizance of this cause being of a spiritual Dependancy and ought onely to be tried in spiritual Jurisdiction by spiritual Judges if there were any such and shewed out of the Laws of England reasonably that your Court had no power to try this matter But one of the Bayliffs Iohn Forth said which should have been my equal Judge they would over-rule that and they would try the matter without shewing any just reason out of the Laws against my Argument grounded upon the Laws and they did over-rule me in that and the Court-day before the Tryal when the Jury-men was to be chosen and nominated I told them that the Jury-men should be such as had the gif of the holy Spirit and the holy Ghost in them or else they could not try the matter because it was Doctrine that was to be Tryed which none could try but by the Spirit of God Neither could I cast my self into the Determination of any in this cause but such And the Bayliffs Obadia Wicks and Iohn Forth answered if they were men that could take the evidence that I spoke my words against Richard Mayo they were sufficient to try the matter whereby it doth appear that they had unjustly determined in themselves not to try the Doctrines but to have a verdict against me howsoever again some that were called to be of the Jury were heard to say before they saw me or ever heard the matter if I came into their hands they knew well enough what to do with me hereby it doth appear they were not equal men but malicious and prejudiced against me and moreover in the very time of the tryal some of the Jury at the Bar said they would not believe any thing or take any witnesse for testimony which any of those on my part that were called Quakers spoke and this was also the witness of their malicious and envious spirits against me who were rather as a party against me then my equalls And were not these unjust men for the tryal of such a matter and moreover when all his witnesses could not say enough to give colour for a verdict against me one of the Bayliffs Iohn Forth by name who was one of the Judges upon the Bench proffered to come down off the Bench and swear as a witnesse against me and when some spake against that he sent for a man into the Court out of the Town Iames Levite by name and whispered with him upon the Bench told him what he should swear and he went to the Bar and took his oath against me that I followed Richard Mayo with reviling Language in three several roomes in Bayliff Gunstones house which I do testifie was a false oath before the Lord and all men and many knowes that I speak the truth that that man took a false oath who was sent for into the Court told by one of the Judges what he should swear I suppose Bayliff Gunston himself knowes that this was a false witness are not these unjust proceedings I appeal to your consciences and upon such proceedings as these was a verdict gained against me by much a do in above three hours time and the Foreman of the Jury himself said he would not have brought a verdict against me but onely for the mans oath Iames Levite which as I have said swore falsly being sent for and told by another man what he should say Again when the foreman of the Iury said they could not try the cause and desired it might be referred the said Bayliff Forth on the Bench cryed no and told Richard Mayo he should not referr it he should have a verdict first and ought my Judge thus to have spoken no he appeared to be rather a party against me then my equal Judge and to all sober men these proceedings may appear to be unjust And I hope some of you will make more conscience of your doings then to passe judgement upon such an unrighteous verdict And moreover the Jury did not try the cause which onely ought to have been tryed which was whether I had spoken truly or falsly of Richard Mayo that is to say they ought to have tryed and that was the thing in controversy between us whether these particulars alleadged by me against Richard Mayo were true and sound doctrine or damnable doctrine and errors for if the particulars mentioned be true and sound doctrine wch were affirmed by Richard Mayo then I have wronged him and I must confess it and assent to your Judgement but if the particulars be false doctrine and errour then I have done him no wrong for I have spoken nothing but the truth and for that how can you condemn me