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A52396 The Norffs president of persecution (unto banishment) against some of the innocent people call'd Quakers, for meeting in the name and fear of the Lord, or, A relation of the proceedings of the court at the quarter sessions holden at the castle in Norwich the 20 day of the 12. moneth call'd February, 1665 where Francis Cory, Recorder of the city of Norwich sat for judge with John Crafts, Dean of Norwich, with other justices of the peace (so called), upon Henry Kittle Jun., Edmund Rack, Richard Cockerel, and Robert Elden, call'd Quakers. Kittle, Henry, defendant.; Rack, Edmund, d. 1682, defendant. 1666 (1666) Wing N1229; ESTC R15877 12,032 15

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Common-Prayer disallowes of all manner of Worshiping that is not by it self because not in its own express form for diversities of things where no prohibition is does not disallow one of another because they are divers in the manner and form of them Much might be said in this particular to shew the absurdity and ignorance of the Dean's Assertion but whiles we know the leadings of the Spirit of Truth and the Worship of God therein for which many of us at this day suffer We must not be tyed to their allowance in Worship who by their wayes and proceedings against the Innocent have as much as in them lies opposed limited and withstood the Spirit and Truth of God which will outlive all their enmity and cruelty against the Righteous Here followeth a Letter sent to the Judges of the Assizes holden at Thetford from the Prisoners aforesaid to spread before them the illegal Proceedings against them so that Ignorance of Injustice cannot be pleaded To the Judges of the Assizes These in humility present WEE whose Names are here under written who lay under a sentance of transportation finding our selves grieved by the proseedings of the Sessions holden at the Castle in Norwich which we think were not reasonable nor Legall And not knowing the Law how wee may be releived yet thinking the Law have not left us without relief in case there be error in judgment desire in humility to spread these our grievances before you who are judges of the Law and know the Law and are sent as wee think by the King as well to relieve his subjects that are oppressed as to minister judgment First That we were indicted in the first part of the inditement for being convicted upon the 30. or 31. of January so called in the sixteenth year of the King which was almost half a year before the Act came in force this wee think a mistake and error in Law But wee were forced to plead and could not make our exceptions to this and many other errours Secondly That wee pleaded to an inditement in the forenoone and in the afternoone had an other inditement brought forth against us to which wee had not pleaded and were forced upon Tryall by it although wee made our exceptions against it Thirdly That wee have great cause to suspect that the Jury or most part of them were not indifferent persons but men pickd on purpose Fourthly That the Jury was commanded from the Bar before wee had made our defence and we were hindred from our just though plain plea And some of us not suffered to speak at all in our defence Fifthly That the Records produced to prove the first and second convictions so cal'd were not made by the Justices of Peace but by the Clark of the Peace or some other by the procurement of Thomas Wright our prosecutour and sent to the Justices to seal but a week before the Sessions Sixthly That Thomas Wright was both our Accuser Witness against us and one of the Judges upon the Bench and also helpt the Clerk to translate the reading of our inditement which we think unreasonable if not Illegall Seventhly Wee believe the Act doth intend our relief by the third proviso in regard wee were not prosecuted within three moneths These things we desired to lay before you in short as part of our grievances but if the Law do allow us to come before you as we are desirous to doe if you please to grant an Habeas Corpus for that purpose wee hope to clear the matter more fully or if the Law doe allow us any relief we desire the Benefit of it but if not then we quietly yield our bodies to the execution of the sentence and return as prisoners of hope to the rock of our Salvation where the Lord hath planted us there to repose our selves until the Lord arise and plead our cause and bring forth our innocency in brightness and our Righteousness as the light that goeth forth Edm. Rack Henry Kittlesmior Robert Elden Richard Cockerel From Norwich Castle The 28th of the 12th moneth 1665. THE END
guilty of this Inditement as it is laid down in matter and form Another Pris I am not guilty of the breach of any just Law A Justice to a Prisoner I believe you will not tell a lie will you Pris I did not come hither for that purpose Justice Did you not wilfully meet in opposition to this Law Pris I never met in opposition to the Law neither I believe did I do any thing justly to bring me within compass of the Law Then the Justice sat down and said no more to the Prisoner Pris I desire to have some words with John Crofts who was the Dean concerning the Liturgy what it allowes of Judge The Court cannot wait upon you Pris F. Cory didst thou not promise me that when I pleaded I should be heard hast thou so soon forgot thy promise is thy memory so shallow Judge Well well you are very saucy Dean I would willingly have some conference with you but privately * And why not publiquely Pris With all my heart Another Prisoner said we have been here almost 16. weeks and none of you would come at us and you could not choose but be sensible we were here Clerk You are to come upon your trial in the Afternoon therefore prepare for your trial The Court adjourn'd till two of the Clock About four of the Clock the Court sat and the Prisoners were call'd to the Bar and the Jury call'd to be sworn Pris Let the Jury come to the Bar that we may see them and they see us Clerk The Jury is well enough Pris But we cannot know them from the people neither can they well hear us they stand so throng'd among the people let us have the privilege that Thieves and Murtherers have to have the Jury come to the Bar that God and Man may hear and see their Judgment whether it be just and equal or not Judge You must not prescribe Rules to the Court. Clerk You are very bold (a) We may see Innocency is bold in this Age also The Jury was sworn and the Clerk began to read the Inditement Pris That is none of our (b) What Justice could be expected from such as will change an Inditement against Prisoners Inditement Clerk It is your Inditement Pris But it is not the same that we pleaded to in the Forenoon Judge How do you know that it is not the Inditement Pris I see it and know it 's not the same (c) By these reasons it will appear 1. the colour of the Parchment the 1st Inditement being a course Parchment with a flaw in the back and the Writing much obliterated the 2. Inditement was a clear Parchment and a fair hand writing without obliterations or rac●ings and longer by 2. or 3. fingers breadth in our apprehension 2ly the day of the Conviction was altered for the first Inditement ran the 28. of Feb. and the second was dated the 22. of February It 's not the same Parchment we are abused Jurymen take notice the Inditement is altered Judge It is your Inditement Pris Let it be proved was ever the like seen that we should have our Inditement altered after we have Pleaded Is this Law Judge Go one So the Clerk read the Inditement Clerk Do you desire to have the Records read Pris Yes by all meanes and proved Part of the Records were read and the Clerk said there is enough read to serve your turns and two Witnesses sworn Judge to the Witness Did you see the Records sealed Witness Yes Pris When The Witness silent But the Clerk answered the Court takes no (d) The Court takes no notice of that which makes for the benefit of the Prisoner what manner of Councel will they be then for the Prisoner for they will say sometime to Prisoners we are to be your Councel as we know they should according to Law if they could keep to the Law and inform the Prisoner what makes for his benefit notice of that the Records are sealed now Pris I desire the Court to ask the Witness when these Records were sealed Judge It is no matter if they were Sealed but yesterday Then one of the Witness replyed I saw Mr. Kendle seal them on Friday last The Prisoner prest it upon the other Witness to know when he saw them sealed but he would not speak at all to it (e) But Witness should testifie the whole truth Clerk to the Jury You see we have proved the two first Convictions Now to the Third Pris They are not proved yet The Witness call'd and sworn to prove the third Conviction Capt. Morris Shelton gave in evidence that he received a Letter from his Couzen Wright that there was an unlawful Assembly at Edm. Rack's of Kilverston And so he came according to his duty and found about 14. Persons in the House fitting together in a Malencholy posture but neither saw them do any thing nor heard them say any thing (f) O sad what a lamentable age we live in that a Judge should pass sentence upon men to be banisht for 7. years out of their Native Land for neither saying any thing nor doing any thing The other Witness said he was not within in the Room but looked in at the door and saw them sit there but neither heard them say any thing nor see them do any thing Judge Wherefore came you thither what was your intents Pris Ask the Witness c. Judge Can they tell your intent Pris Ask them try if they can't I may Another Witness sworn Tho. Wright one of the (g) Is this legal proceedings that one of the Justices that sat in the Court shold be a Witness against the Prisoners and does the Law intend this also for shame let not these proceedings be ●●●thered upon the Law of England Justices so call'd that sat in the Court and gave in a paper call'd our Examination which said we confest we * And what is that all the Evidence you have against them to banish them 7● years out of their Native Land for being met in the Name and fear of the Lord Is this become a crime in our English Nation O horrable it is too hear and it even grieves us to think these things should be related for shame let not these things be told in other Nations And let there be warnings taken by the Judges and Justices not to pe●sist any more in bringing the guilt of thus sadly oppressing the Innocent upon them and our English Nation f●r by such unjust proceedings will it be brought into more misery dishonour and a reproach among other Nations met in the name and fear of the Ld. Pris That is none of my Examination Judge The Justice have sworn it that 's enough Pris Then he have done me the more wrong for I never yielded to an Examination but alwayes sent them to the Witnesses And if any other said so it ought not to be put upon my
you will not hear us the Lord judge between you and us and remember the eye of the Lord is upon you and seeth the intent of your hearts and if you pass upon us thus and condemn us the Lord God will assuredly require it at your hands The Jurymen went forth and in a little time returned Clerk Are you all agreed of your Verdict Jury All but one Man Judge Why do not he agree Jury He desires to give his Reasons to the Court. Judge No no you must all agree Judge Swear them another Bailiffe and let them be shut up and have neither meat drink fire nor Candle till they be agreed Some in the Court said to the Prisoners when the Jury was gone out why did you not answer wherefore you were met he have askt you several times and you will not answer Pris I was not aware of his Asking me so often if I had I should have given him an answer I can give him an Answer yet if he will hear me Judge Well what is it Pris We are Christian men and the Lord hath begotten us into one life and we love one another and desire often to be together that all Men may know and see that we love one another The Jury went forth again and soon after the Court sent after them to hasten them to agree and shortly the Jury return'd again and brought them in all Guilty Pris What of the whole Inditement Clerk Yes yes of the whole The Prisoners were return'd to Prison again and about half an hour after were commanded again to the Bar. Pris All Honour and Glory be given to the Lord. Judge beginning a long Oration of the Mercyfulness of the Law Pris The Law of God is a Mercyful Law It was in another Prisoners heart to say but the Executioners of the Law are very unmercyful And when the Prisoners perceived the Judge crept in to sentence one cried hold hold I have something to offer before Sentence be past as to arrest of Judgment but the Judge went on Then the Prisoners cried again hold hold if you will not hear me take my Exceptions and read them and so held his Paper forth but the Judge went on and passed Sentence that they should be carried from this place to Yarmouth and from thence to be Transported to the Barbados for seven years Then one of the Prisoners said But where shall the Lyer and the Drunkard go And when he had passed Sentence askt a Prisoner saying Come what have you now to proffer Pris I had something to offer before Sentence was past as to arrest in Judgment but thou wents on and would not hear Judge Now it is too late Judgment is past Pris I call'd before and offered my Exceptions but thou wouldst not stay Judge Let us hear what they are Pris First that the two first Offences were not Recorded under the Hands and Seals of the two Justices of Peace before the 29th of October last the time mentioned in the Inditement for the third offence but since this present Sessions namely upon Friday last so that the persons concerned did not stand convicted of the two first offences urged against them at the time limited for the last offence Secondly That the Inditement upon which they went was not the same to which the Prisoners did plead Thirdly That the Prisoners ought not to be punished for any offence against the late Act because above three Moneths are passed Judge But you were committed presently in order to your Prosecution Prisoner But we were to have been Prosecuted and not Prosecuting Clerk Your Commitment was your Prosecution Pris That could not be by the Judges own words for he said we were committed in order to Prosecution and if in order to Prosecution then it could not be the Prosecution its self A POSTSCRIPT AS to the Courts proceedings against the Prisoners The unreasonableness and unjustness thereof is so apparent and will so plainly appear to every indifferent and impartial Reader that little need be paraphrased upon it to manifest that spirit of envy and persecution which thus rigorously and cruelly shewed it self against innocent Persons even to banish or separate them from their Native Countries and Relations We never yet knew any Law extant or in being that Men should be reckoned such deep Offenders for meeting together in a Christian spirit singly and spiritually to wait upon and worship God as the intent of our Meeting is And where the evidence was that they were neither saying nor doing any thing and yet for this thus severely to be sentenced by the Judge whose prejudice and enmity against divers of our Friends in Norwich in persecuting of them has so much appeared that little better then what he has done against the Prisoners could be expected nor yet from the Deane who is so deeply concerned with his Bretheren of the Clergie who make use of the Magistrates as their servants to terrifie and compell People to come under their worship and Ceremonies and to worship by their Liturgie but many are gathered out from them by the Power of the Lord God and come to worship and serve him in the newness of the spirit and the spirit of Prayer and Supplication being poured forth wherein the People of God pray to him and which Spirit sometime intercedes with sighes and groans which cannot be uttered so this is not to be limited to an imposed form of prayer nor to Mens wills who in Anti-Christs spirit go about to hinder and limit the spirit of truth and to keep the Creature from the freedome of it as the Deane in his asserting that the Common Prayer does not allow People to worship but by it which is a very strange and unreasonable doctrine and appeares both contrary to the Common-Prayer-Book and the Priests practise for the Common Prayer-Book or allowance of the Liturgie extends further then the Bishops and Deans allowance for that it allows of the Scriptures and that they are written for our Learning and so are to be practised and fulfilled by us and of the Worship of God at all times and in all places and therefore they had need to consider their Liturgie a little better and peruse the several Collects and Epistles in it and see how the Scriptures is both allowed of and made use of therein and consequently how that way and Worship which the Scriptures own which was before the Liturgie was is allowed of by the Liturgie which how the Deans Assertion and the Liturgie herein should hang together does not appear whiles he would make the Common-Prayer allow of no Worship but by it self which also does contradict and disallow of his own Generation the Priests when they use a long Prayer before Sermon which is not exprest in the Common Prayer-Book and besides divers particular occasions of Praying to God many times do and have fallen out which are not mentioned in the Common-Prayer as also it doth not follow that the