for the Law said so Will you pay an hundred pound that you may not be transported R. C. No I have not so much money to spare Others H. S. R. F. T. B said they were satisfied in their hearts and consciences that they had done no evil and therefore could not consent to give one farthing or words to that effect and Henry Stout being included in their unjust sentence notwithstanding his just Plea to the contrary delivered himself in these words Before I give an answer to your demand I do expect a legal Tryal and further desiring to be heard to speak a few more words said I remember I heard some upon the Bench speak very contemptuously of the Light Now they chat despise the light despise Christ for the light is Christ and was made manifest to destroy the deeds of darkness and to condemn sin in all its appearances for he that is of God walks in the light as God is light whereupon they cryed That is true that is true but would not endure to hear any further of that truth but cryed Take him away take him away and so he had liberty to speak no more Friend whoever thou art that readest the precedent passages mayest observe That though Henry Chancy the Judge of this Court of pretended Justice did oftentimes urge the Prisoners to confess what they met for and what they did at their Meetings yet when some of them did confess that they met upon no other account but to worship God and to wait upon God in the Spirit when he came to speak to the Jury he made that confession to be the chief ground for the Jury to proceed to finde the Bills whereupon they are sentenced notwithstanding one that was chief among them said more then once that they had their Religion free and they meddled not with Worship Conscience and Religion so that any people that have any Religion in true simplicity be it of what form it will that have not sold all honesty in that profession on purpose to please and serve the present times may see that the main ground of this grand persecution is for worshiping God in Spirit and as it is said that one of the eminentest among them that sit in the seat of Cruelty and Violence in this day hath said that this Act was made against worshipping God in spirit and if ever any person in this Nation read or heard of any people or nation that hath so directly in plain words and open deeds manifested such defiance and opposition to the worshipping of God in spirit and truth notwithstanding the Scripture speaketh expresly That God is a spirit and will be worshipped in spirâ—t and â—ruth and that these men do own the Scriptures in word let him come forth and endeavour to justifie this generation of Men. And further observe that nothing is here punctually proved as to the breach of the late Act but onely meeting above the number of five which without the proof of Sedition or breach of the Peace can be no violation of the Act so that people may see the unjust proceeding of these unrighteous Judges who pretend Law for their rule in this matter but practice none of it as was clearly observed by them that were spectators for no clear evidence they had for what they did the Witnesses deposing onely their meeting together but nothing that they spake or did and this was the great pretended Crime they sentenced them for O generation of Vipers do you think to escape the damnation of Hell for your illegal proceedings who are not content to do wickedly your selves but either fright or flatter other to do the same As one of the Jury said at the Bar besides what others were over-heard to say in a threatning way what numbers were warned to attend your wicked service that you might have your choice of fit instrumments to do your abominable work O height of impudence and hard-heartedness that you should dare do such things and yet before the people cover your wickedness with smooth words saying we do not deny you your Religion and yet condemn them for it God takes notice of these things and if such great woes were pronounced against such as did not fit when he was in prison and did not feed him when he was an hungry and cloath him when he was naked what will be their portion who when he was at liberty cast him into prison and when he had food took it away from him and when he had cloaths stript him naked Inasmuch saith Christ as ye do it unto the least of them that fear my name ye do it unto me But it was the portion of the people of God in dayes past to be so dealt withall by an hard hearted generation as may be seen Mat. 10.17 18 19. But beware of men for they will deliver you up to councels and ye shall be brought before Governours and Rulers for my name sake for a testimony against them c. The End * 1 part Cooks Inst. Sect. 366. fol. 226 227 228. To H. Sweet * It was observed in his speech countenance and deportment by the spectators that while he was passing sentence he was as smitten of the Lord and ready to faint away under the sence of his stroke for the wicked works he was about
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 Râ—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
acted nor contrived any thing of evil against the King or any other person If they suffered it was for their Consciences towards God and for worshipping of him Tho. Vic. Fan. I would not have you cheat your selves it is not for Worship for Conscience or Religion that you suffer but the matter of Fact is for Meeting the evil is to meet together above the number of five H. C. Said also something to the same effect quoting Judge Bridgman his opinion therein and his practice as a president the last Assizes and a sufficient warrant for their proceedings Then the Jury was called sworn and charged in the usual form as is before expressed being the same that brought in the former seven guilty the Witnesses also were called and sworn whose testimony agreed in this onely That they were taken at such times and places met together above the number of five H. Ch. What say you what did you meet there for Prisoners We met there in the fear of God for no evil end but to worship him in spirit and truth and not under colour and pretence This answer H. Chancy noted down together with the depositions of the Witnesses and then spake to the Jury saying H. Ch. We have two records against the Prisoners at the Bar already which were read and they are sufficient for the first and second offences and as concerning the third offence you hear what the Witnesses say That they were at such an house met together above five And they acknowledge and confess that they met there in the fear of God to worship c. I think the evidence is sufficient go forth But before they went forth H. Stout was called again to the Bar who stood for a tryal by the Corporation and his Indictment was read and it was said to him as to the rest You stand Indicted c. Are you guilty or not guilty H. S. I conceive I am not to answer at this Court for any pretended offence which is done within the Corporation but am accountable to that Court within whose jurisdiction I live Court You must be tryed here and cannot be tryed elsewhere H. S. If I should plead here then should I make a breach of the priviledge of the Corporation which the Free-men and Magistrates of the Corporation are sworn to maintain and I being a Free-man and an Inhabitant of this Corporation it is my just right and priviledge to be tryed by the Corporation and neighbourhood that knows me Tho. Vic. Fan. Harry Stout will you plead H. S. I do not deny pleading so I may plead where I ought to plead H Ch. You ought to plead here I will give it so for Law H. S. The Law saith It shall not be lawful for any Justices of the County to intermeddle in a Town Corporate where there is a Justice of the same And further the Law saith We will grant to all Cities and Towns Corporate that they shall have their liberties and free Customs Clerk VVill you plead or not if not you must be taken pro confesso H. S. I am willing to plead provided I may not be debarred of that which is my right that is that I may be tryed by the Corporation Cl. The Corporation hath turned you over to us and you must be tryed here H. S. I desire the Court would be pleased to satisfie me By what power the Mayor committed me to the County Prison seeing by his Charter he hath no such power and without his Charter he is no more then one of us or another man To this they returned no answer but bid the Clerk read the IndictMent which he did and then it was demanded of him Whether he was guilty or not guilty H. S. If the Court would be pleased to satisfie me in this one thing I know not but that I may plead that is By what power the Mayor committed me to the County Goale or where he had it seeing the Charter doth not give him it for the Mayor hath the same power in the Corporation to try all things that are to be enquired of as the Justices in the County for the Corporation hath power by their Charter to try all persons Trespasses and all offences whatsoever except Treason Murther or Felony or the taking away of Life or Limb so he hath no power to commit to the County Prison in this case but to his own prison which is allowed by the Charter If the Court please I will read the Copy of the Charter so they bad him read it and as he began to read they asked him if it were in Latine he said no then they would not let him read it Court Will you plead or not if not sentence will be passed upon you as mute and you will lose the priviledge of a Jury H. S. I desire the Court would give me an understanding of the Act for as I understand it I do not conceive it doth at all concern us for by it Meetings are allowed so they are not above such a number and certainly a number cannot be hurtful of it self provided the intent be not evil So I conceive the Act is against such as do intend evil at their Meetings as to plot and contrive against the Government we are no such but our intent is really to worship God and nothing else Cl. That 's your mistake The Act is made against all Meetings under pretence of Religion of above five persons in number H. S. It would be an absurd thing to think that the Act is against worshipping God so understanding of it it would violate the Kings promises which in three Declarations that are publick to the world say That no man should be disturbed in matter of Conscience provided they lived peaceably And I dare presume to say That if the King were asked whether any breach should be made of his promises he would say no not for abundance For in his Speech to the Parliament he saith No man shall have power to charge us with the breach of our promises so that the Act cannot be so understood but as it self sayes against such as shall at their Meetings contrive insurrections Court We do not deny you your Religion but you may meet so you meet not above the number of five that you may not have any opportunity to contrive insurrections H. S. Some have had a suspicion of us but God knows we have no such design but our design is to promote righteousness and holiness and to reprove evil where ever we see it although it be in the great ones of the world and that we may live a godly life in all honesty and this is our design Court We permit you to plead and you make a speech will you plead to your Indictment H. S. I do not deny pleading neither do I contemn the Court but do expect my priviledge to be tryed by the Corporation and if it be not granted me I do take it as a great injustice done unto
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
Yes they are of Law as well as of Fact and that may be proved R. T. Jury men all that hath been proved against us is that we were met together above the number of five Interrupted again and Henry Chancy spake to the Jury H. Chancy The wise judicious and worthy Judge Bridgeman was of this opinion That if any person shall meet with others above five in number at such Houses which are their common houses of meeting and can give no good account what they did there that is a presumption in Law and not onely a presumption but a violent presumption and they say they meet in the fear of the Lord to worship him in Spirit This they confess Then were the Records commanded to be read to prove the first and second Convictions and he told the Jury That if they did believe the Witnesses that they were met together they must finde them guilty The Prisoners would have spoken further to the Jury but were not suffered onely some few words were spoken by Rich. Thomas as they were going out of the Court as to warn them of being over-awed by the fear of men but judge righteously as they would answer it to the Lord and that the matter was very weighty and of great concernment and if but one of them would stand out in opposition to the rest they could not find the Bill against us for there were some in the Court that thirsted after our Blood but they could not drink it except you of the Jury give it them But the Jury was hastned away who in as must hast returned in the space of a quarter of an hour Cl. Set them all to the Bar. Set Robert Crook Thomas Grawly Samuel Wollaston Robert Fairman Richard Thomas Francis Haddon and William Brown to the Bar which was done Cl. Gentlemen of the Jury are you agreed of your verdict Jury Yes Cl. Who shall speak for you Jury Our Foreman Cl. Is Robert Crook guilty of that unlawful Assembly or not guilty Jury Yes he is guilty and so they answered concerning all the other six above named Cl. Look to them Goaler Prâ—s Well we are justified in the sight of the Lord and we believe you will not be found clear nor justified in the sight of God nor men for this dayes work Then the Court adjourned till three in the afternoon and about four they met again and Proclamation being made the Goaler was commanded to bring seven more of the Quakers Indicted as aforesaid to the Bar. The Goalers bringing them to the Bar they were called as followeth first Michael Day whose Indictment being read agreeing much with the former save onely as to place of Meeting being in the Parish of Great Amwel in the Liberty of Ware in an house adjoyning to the out-houses of Robert Dawsor It was asked of him Whether he was guilty of the Indictment or not guilty M. D. Answered Not guilty Then John Thurgood was set to the Bar and his Indictment also read in form as aforesaid and being asked whether guilty or not not guilty answered J. T. I am not guilty After him the rest of the number of Prisoners called for were set to the Bar successively viz. John Presbon John Reynolds John Witham William Adams Robert Hart Their Indictments read and their answers returned in the negative Not guilty as aforesaid Onely this was added by some of them That they were not guilty of those Crimes expressed in their Indictments but were innocent peaceable men and had transgressed no righteous Law Then was a second Jury empanelled whose names are as followeth Edmond Hassel Benjamin Jones Edward Bache Jonas Hunsdon John How John Flowre John Hall Thomas Jermin 〈…〉 Broughten John Ford Thomas Jordan Charles Noads and Henry Chancy stood up and spake to the Prisoners as followeth and told them the Court had a minde to shew them favour and that favour was this If they would promise to meet no more together above the number of five the Court would discharge them what say you have you any minde to accept of this favour of the Court John Bresbon We have no minde to purchase the favour of the Court with such promises our Meetings are peaceable and lawful and our Consciences are tender towards God and we can promise no such thing to gain more then our liberty Hen. Chancy Then swear the Jury The Jury being sworn and charged as before well and truly to try betwixt the King and the Prisoners at the Bar and true deliverance make and to bring in their verdict according to evidence The Witnesses were called and sworn whose evidence reached thus far and no further That they were taken at such a time and place met together above the number of five but that they heard them speak no word nor saw nothing but that they sate together in silence Then the Prisoners called upon the Jury to take notice that no matter of fact was witnessed against them by those Witnesses but the Jury seemed to give more heed to the minde of the Court and what they would have them to do then either to the Prisoners or Witnesses H. C. There are two Records against the Prisoners already for two former offences which were read and as for this third offence of which they stand indicted the evidence is sufficient His Memorandums or Breviates were also read viz. what the Witnesses had said and what the Prisoners had confessed That they were met there in the fear of the Lord to woâ—ship him in spirit and truth and withal he told them that if they did believe they were met they must finde them guilty And though all this while no matter of Fact was by the Witnesses proved nor by the Prisoners confessed but onely meeting above five in obedience to God to wait vpon and worship him in spirit and truth The Jury was commanded to go forth who did so and quickly returned agreed upon their verdict that they were all guilty Court Look to them Gâ—aler Then Henry Sweeting Henry Stout and Jâ—remiah Dean were brought to the Bar and their Indictments read which agreed in form and being required to plead guilty or not guilty some of them insisted upon their liberty and priviledge as freemen of the Borough of Hertford and Henry Stout alledged That they ought to be tryed by the Mayor and other Magistrates of the Corporation according to their Charter and their Oaths H. C. The Court hath a particular kindeness for you if you will accept of it viz. If you will engage to come at no such tumultuous Meetings any more but onely stay at home with your own Families you may be discharged and set it liberty Hen. Sweeting If I were sure that my life were to answer for the thing I could rather offer up my life as a sacrifice then to engage to any such thing And the other answered in like manner that their Meetings being no unlawful Assemblies nor seditious Conventicles and that they neither