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A25484 Another cry of the innocent & oppressed for justice, or, A second relation of the unjust proceedings at the sessions held at Hicks's Hall for the county of Middlesex, and at the Old Baily, London, the 6th and the 14th dayes of the 10th month or December, 1664, with and against 32 more of the people called Quakers ... together with an account of the most material passages between the prisoners and the aforesaid courts ... : unto which also is now added, a brief, short summary of the sentencing of 36 more of the aforesaid people ... where they were all sentenced for to be transposed to the island of Jamaica. 1664 (1664) Wing A3255; ESTC R12642 22,154 31

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Another CRY of the INNOCENT OPPRESSED FOR JUSTICE OR A Second Relation of the unjust proceedings at the Sessions held at Hicks's Hall for the County of Middlesex and at the Old Baily London the 6th and the 14th dayes of the 10th Month or December 1664 With and against 32 more of the People called Quakers who were all sentenced for a pretended breach of the late Act. Together with an Account of the most material Passages between the Prisoners and the aforesaid Courts in which it doth appear very plainly That only Meeting to Worship God in the Spirit and in the Truth is by the Judges made and declared to be the matter of Fact deserving so grievous a Sentance Vnto which also is now Added A Brief Short Summary of the Sentencing of 36 more of the aforesaid people in scorn 〈…〉 Quakers at the two places above mentioned 4 at Hicks's Hall and 32 at the Old Baily the 11th and 15th of the 11th Month called Janu●ry where they were all Sentenced for to be Transported to the Island of Jamaica But ye have despised the poor do not rich men oppress ●ou and draw you before the Judgment seats Do not they Blaspheme that worthy Name by which ye are called Jam. 2.6 7. London Printed in the Year 1664. These are the Names of the Twelve Sentenced at Hicks's Hall Edward Berkly William Mathews John Terry Diggery Marshall William Brend John Goodwin John Noble Nathaniel Harding Vincent Gerrard Edw. Malitrat Francis Tarcy Martin Groshe BIlls o● Indictments being drawn up against the aforesaid twelve persons they were deliverd to the Grand Jury who were men generally of the same spirit with the persecutors and Judges for though the Bils of Indictments contained many and divers Criminal Tearms to expresse the matter of fact viz. ☞ 1. For being at an Unlawful meeting or Conventicle 2. For being there under colour and pretence of Religious Exercise 3. That this Religious exercise was in other manner then is allowed by the Liturgie or practice of the Church of England 4. For being there with divers other Malefactors or disobedient persons to the terror of the people and disturbing the peace Fiftly and lastly That they were there to do the aforesaid evils contrary to the form of the late Statute in that case provided c. Now this Grand Jury never so much as called for evidence to prove any one of those crimes aforesaid but all they required of the Witnesses was to give evidence that the Prisoners were met together at such a time in such a place above the number of five c. This was all the Witnesses swore upon which they found all the Bills Their designed work being so far done the aforesaid prisoners on the sixth day in the morning were brought from Newgate to Hick.'s Hall And first four viz. Edmond Berkely William Mathews John Terry Diggery Marshall were set to the Bar and bills of Indictments was read against them containing those crimes before recited and they being asked whether they were Guilty or not answered severally That they were not guilty of those things laid to their charge Then were the other eight called viz. William Br●nd John Goodwin John Noble Nathaniel Harding Vincent Gerrard Edward Mallitrat francis Ta●cy Martin Chroshe one after another called to the Bar and their Indictments read which were for matter the same with the other being all of one fo●m who being asked Guilty or Not Guilty they answered as the former had done viz. That they were not guilty of being at any unlawful Meeting or Assembly c. and only too of them demanded a Copy of their Indictments but Judge Hyde said Except they would pay eight pence a sheet for them they might not have them so they answered that was extortion and they could not do it Now note how Judge Hydes cruelty and subtilty appears in this his setting so high a price upon the Clerks labour knowing the prisoners would not pay so dear for it and therefore would be the l●sse capable to overturn and make void their Indictments For it was noted what would make against the prisoners every way that he and the rest were sure to make use and advantage of And rather than they would want evidences against the prisoners on the other hand the Clerks should loose all their Fees as was observed when the Witnesses did not appear the Judges were angry and very much displeased Then one of the Justices on the Bench told the Judges the reason why they did not appear was because the charge of drawing their Recullizance was so great Then said Judg Hyde to incourage them to be Witnesses who were bound thereto against the Innocent That they should pay nothing And if the Clerks did make them pay a groar he would make them pay ten for it One of the prisoners also said to the Judg What advantage will it be to me if I should plead Judg. If you plead and are not found Guilty you may be cleared by the Jury Prisoner What if the Jury men be overtawed by you that are Judges And if you have already determined the Case as was known the last Sessions before this where some of our friends were sentenced that did plead and some that did not plead And the Jury threatned c Jud. Keeleing You scandalize us but the prisoner spake truth After some more words they were all set to the Bar. Then the Petry Jury was called over sworn and charged according to their usual form viz. Well and truly to try How this was let Gods Witness in all Consciences judg and true deliverance make betwixt the King and the Prisoners at the Bar and to bring in their Verdict according to Evidence c. Clerk Set Edmond Berkly to the Bar who read the Records of the Justices to prove the First and Second pretended offence and the Witnesses were called and sworn to prove a Third One was one of the Justices Clerks who swore that he did see the said Edmond at such a place at such a time Then a Constable present gave Evidence that he did not remember the said Edmond but he did carry the persons mentioned in the Mittimus to the prison of Newgate William Turner also gave Evidence that he received the said persons into Newgate such a time Jud. What say you for your self Pris Their Evidence and so saying doth not prove me to be guilty of being at an Unlawful meeting Jud. That 's not the thing were you not at such a time at such a place if you were the Law doth judg all such meetings to be unlawful Pris The meeting simply as it is a meeting is not unlawful but the unlawfulnesse of it must be proved by something either ☞ done or said Therefore Jury-men take notice that the Witnesses have not proved any thing to make the meeting unlawfull Judg. Set him aside Then was William Mathews set to the Bar and evidence given as before Judg. What have you
to say for your self Pris I was at no unlawful meeting neither have I done any thing to the breach of any mans peace nor in contempt to the Kings Laws but what I did was to worship God and to serve him in the uprightnesse of my heart and to no other end did I ever meet the Lord knows to whom I must give an account Judg. Was you at that meeting such a time naming the day at such a place Pris I was at no other meeting then to wait upon the Lord and if for which service and worship of God and testimony of his Truth I must be separated from my Wife and Children which are neere and dear to me the will of the Lord be done I am freely given up Judg. Take him away Pris Jury-men I would have you take notice that there is nothing of Fact proved neither in word nor deed against any of us Therefore you ought not neither can you with a good Conscience bring us in guilty John Terry at the Bar. Judg. Have you any thing to say Pris I desire to see my Accusers Judg. Swear the Constable Being sworn he gave Evidence that he brought the said John Terry to prison such a day The Clerks boy looking into his book said he saw him at the meeting also William Turner gave Evidence that he received him into his custody Pris This doth prove me but once is doth not prove three times Judg. The other two are plain by Record Pris There are Records that are false for some have been stopped for the Third pretended offence on the First and Second by reason that several men are of one Name Judg. Will. Turner what can you say against this man Will. Turner He hath been three times in prison Prison So hath many Felons Will. Turner He hath been three times committed for being at a meeting the first time he was committed for three moneths and twice since Pris Is it a Crime sufficiently worthy of Banishment to meet together to serve the Lord Judge Hide It 's Crime enough it 's Crime enough set him by Then a friend reply'd and said Record that or Let that be Recorded Then was Diggery Marshall called to the Bar. The Witnesses were sworn one being the Clerks boy to whom the Judg spake and said Did you see this man at such a place The boy looking in a paper said Yes Judg. Did you see him there such a time Boy Yes Judg. Did you see him in the Meeting Boy I cannot tell that but I see him brought before the Justices Pris I suppose he hath not this in his paper Judg. Well he hath enough in like manner the other Witnesses gave their Evidence Judg. What say you If you have any thing to say you may now speak Pris I suppose it is to little purpose to say any thing you will go on as you have determined let me say what I will Judg. No you shall be try'd according to Law and we will do you justice and right Pris I have little cause to expect it for I have seen little done as yet I am here Indicted for being at an unlawful meeting which is not yet proved that the meeting was unlawful Judg. It is proved that you was at a Meeting and the Law judges that meeting to be unlawful and therefore we judg it so it being under a pretence of worshipping God contrary to the Liturgy of the Church of England Pris I do not understand that it is contrarary to the Liturgy for me to meet to worship God in reality and truth and not under any pretence And if we meet really to worship God must we suffer for that Jud. ☞ Hyde Yes that you must Standers by with much grief of heart said Was ever the like known Then Judge Keeling to mend the matter said You shall not suffer for worshipping God but for being at an unlawful Assembly contrary to the Law But this covering is too narrow Out of the abundance of the heart the mouth speaketh Then was William Brand called to the Bar his Indictment read c. Judg. What have you to say Pris The Indictment is null and void by reason of the Errors that are in it And though I do not trouble my self with your Laws yet according to the Knowledg I have there may be much said in exceptions against the Indictment in the Nicities and Punctillios of your own Law but I matter not these things I shall come to that part of the Indictment in which I am charged for being at an unlawful meeting but the Judge often interrupted him and would not suffer him speak what he had in his heart to declare c. No clear Evidence did appear against him and they were at a stand how to proceed but at last the Judge called for his Mittimus where he found he was one time committed from Wheelers Street which prov'd an Error in their Indictment being * Note this would have quashed an Indictment against a Fellon Indicted for being that same day at Mile-end There was no Witresse to prove the first second or third pretended offence till Thomas Swallow called a Justice whose name the Judg saw at the Mittimus was called to by the Judg and asked Whether he knew the prisoner who said he did not Then the Mittimus was shewed to him to see if he would own it and the book was given him to swear Then said the prisoner If he must swear and be a Witnesse let him come from off the Bench and stand in the Witnesses place but the Judg would not suffer it so to be So he gave Evidence upon the Bench upon his Oath That if the prisoners name was in the Mittimus then he must be in the meeting I own it is my hand said he Judg. ' That 's enough Pris Must we be Judged by Consequence I judge that the Jury should have plain evident proof to proceed upon Judg. They may proceed and take evidence by consequence except you can prove that you were not at the meeting Then the Clerk of Tho. Byde called Justice was sworn Judg. Reach him the Mittimus I own said he this to be my writing Judg. Do you know the prisoner Did you see him at the meeting ☞ Yes For he was praying Judg. Take him away Pris I have something to say to the Jury Judg. We will not suffer you to speak to them So he was hurried away Then was John Goodwin set to the Bar c. Tempest the Constable was sworn Judg Keeling Did you see that man at the meeting such a time Tempest Yes that I did if his name be in the Mittimus Then a young boy was called and sworn Judg. Come what can you say did you see him at the meeting Boy I see him in the Yard by the same token he told the Justices that if he was among the Turks he might find more favour then amongst them William Turner was called Judge Did you
carried away to Newgate where there are in all under the sentence of Transportation or Banishment 99. whereof two dead since their sentence At Hickes-Hall the four were dealt with after the like manner A few words to be considered by Iury-men that they might regard their Oaths their Law and Evidence though they lay aside Christianity and Religion WHy do you swear well and truly to Try c. and true deliverance make c. and to bring in your Verdict according to Evidence if you do not intend really so to do And if you did intend and truly desire and endeavour so to do how then comes it to pass that you so readily take the Judges Impositions and prejudiced Opinions for a sufficient evidential warrant to clear your Consciences in the sight of God and men Do you not know that those Indictments against those harmless people contains and expresses several crimes which are the matter of fact and should be proved to you by sufficient witnesses And are not you sole and absolute Judges of Matter of Fact Are you bound in Conscience or Law to believe or hear any Bitter Cain-like spirited Judge or Lawyer to tell you what matter of Fact is Ought you not to consult the Law it self which declares what the Fact is or may be of which you are to judge even according as the evidence in truth doth appear to you and no otherwise else how do you observe your Oaths Surely you know or ought to know that all penal Laws plainly expresses the manner and matter of Fact and also the manner and measure of the penalty or punishment and doth any Consciencious Judicious Jury need to value or regard the Judges and Lawyers meanings contrary or beyond the expressed mind of the Law it self by which and the evidence you are bound by your Oath to judge and deliver up your Verdict in all Cases how can you answer when you are called to account before God or men for bringing in Verdicts against innecent People contrary to evidence and the Law for did ever any witnesses give evidence otherwise then thus viz. that they were met together and that peaceably to worship God in spirit and truth is not this the largest evidence that ever you had which no Law in being is expresly against what if a Judge tell you that this is matter of fact and say you must finde them guilty when no Law of God nor man saith no will you destroy the liberty if not the lives of your Neighbours and Countrey-men to please men of corrupt minds who judge not for God but turn the sword against the Innocent unto which those that depart from iniquity become a prey and can these things be done except you violate your own consciences and unman your selves and smother your own reason understanding and judgment and so become Cyphers and Cloaks to cover the designes of evil men who thirst after the blood as well as the liberty and estates of the people that truly fear the Lord and is not this done by your hands by and with whom they make a shew of a fair Tryal when nothing less is intended for may not you perceive though these harmless people plead Reason Law Religion or Conscience all is to no effect or purpose as to overturn the design and determination of the Judges so longas you receive their Impositions and are afraid of their threats if the Prisoners plead and the Law also saith that it is the end of any meeting which makes it unlawful yet if the Judge tell you that it is only meeting that is unlawful are you not ready to disregard the Prisoners plea lay aside the Law your own Reason and Judgment dispence with your oaths and presently become Vassals to the Judges Opinion and so joyn hand in hand against the Innocent Consider this while you have time and load not your consciences with or by adding Sin unto Sin for a day of account will come and as the hills and the Mountains cannot save nor cover you from the wrath of the Lamb so shall not you save them but you both shall receive a reward by the hand of the Lord according to your doings Reader Thou may'st observe all along this brief Relation what slender proof is made to serve the turn for a pretence colour covering under which these Judges carry on their design against harmless people that they might with a shew of Justice bring their determinations to pass viz. to Judge and Condemn the Innocent and that for no other cause than for meeting together according to the command of the Lord and in obedience to his Requiring And this is some of their first fruits they have and do still offer up to God for his Restoring and keeping them in power with the sword in their hands which they turn against him and his precious truth and innocent people who are freely given up to bear their cruel unnatural and unmanlike dealings But though they are endeavouring to over-run them by the Might of their power and would trample upon a company of Innocent men and women of mine in the streets yet shall they never attain their ends nor finish their intended work against the Innocent and Oppressed servants of the Lord no more than Pharaoh and other persecutors and oppressors did who onely wrought their own destruction and shall manifest themselves more and more to be more brutish than those they call heathen in saying that it is a crime to worship God and in persecuting harmless people for no other Cause and in due time it will appear what God these Judges serve and worship seeing there is but God and the Devil one of which all men obey and by the fruits which are brought forth it becomes manifest which of them these people do obey and worship And may it not be said of them as Christ once said to the Scribes Pharisees and Lawyers viz. yee are of your Father the Devil and his works yee will do for are not his works manifest by these mens actions against the Lords Innocent people in persecuting them onely and alone for serving honouring obeying and worshipping the Lord God of heaven and earth And doth it not appear that they are hard and seared in their hearts and Consciences who dare affirm publickly in the face of their Country that it is Crime enough to meet to worship God in the Spirit and in the truth and that the Law is against it Did ever the Jews the Gentiles the Barbarians Turks or Infidels or people of any Nation that acknowledgeth and confesseth that there is a God affirm the like Shall not Sodom and Gomorrah Tyre and Sidon rise up in Judgment against this perverse crooked untoward blasphemous Generation who say in their hearts there is no God for though they sometimes confess him in words yet in works they deny him who shall stand in the gap who shall intercede for this Generation for the cry and the loud voice of