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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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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
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
then afterwards asked him again whether he was guilty or no Pris Thou sets as Judge I leave it to thee do thou dread and fear God Judge Are you guilty or not Pris Look one another in the face there shall you see guilt Judge That shall not serve your turn Pris Here 's my body given up in the will of God Judge It shall be sent far enough Pris I value not thy Threats I shall take that with me which shall glad my heart and which all the Lawyers in England are not able to purchase even a good Conscience yea a good Conscience Judge You are an impudent fellow and do not talk as if you were a Religious man Pris That 's thy own it 's thou that art the stubborn and stiff-necked Jew who art for judgement Judge Take him away put him up So he was haled away and put into a stinking hole with B. G. among the Felons Then those eighteen that pleaded were set to the Bar and the London Jury were called over and sworn in their usual manner and form well and truly to Try c. Anne Preist at the Bar her Indictment read c. Judge Was you at the Bull and Mouth such a time Pris I was at the door I was not in the house but when the Officers came to disturb the peace as their usual manner is they forced me in but the Lord God hath made three Children fatherless and you go about to make them Motherless Pris Jurymen take heed to your Consciences Some of them answered we cannot help what we do William Newman called to the Bar Indictment read c. Judge Was you at the Bull and Mouth Before he answered one witnessed that he saw him there with about forty more by the same token he pull'd down one that was speaking c. Judge What say you for your self what did you do there Prisoner I was there according to the will of the Lord and who dare say against it Judge Set him by he confesseth that he was there John Clouse was set to the Bar c. And the City Marshall gave evidence that he was in the Meeting Judge What can you say for your self Pris I say I am not a subject of this Realm and therefore this Act doth not concern me Judge No no we have looked over the old Statutes and we finde that every one that comes hither to live for any time he is a subject to this Realme Pris May every subject then purchase Land Judge I tell you no but answer you to the Fact was you there or no he answered nothing Judges He cannot deny it put him by Rebccah Trump was set to the Bar c. Witnesses gave evidence that she was at the Meeting c. Judge What say you was you at the Bull and Mouth But before she did answer the Judge bid take her away she cannot deny but she was there Anne Royley at the Bar the like evidences above against her Judge What have you to say Pris I was at no seditious meeting or Conventicle Judge Take her away that 's enough Set James Carter to the Bar c. Witnesses gave evidence that he was at the Bull and Mouth such a day c. Judge What can you say for your self Pris There is nothing proved that the meeting I was at is unlawful for it must be an unlawful actions that makes a meeting unlawful Judge Set him by Then the Prisoner cryed out and said you had as good knock me on the head at the Bar as not let me plead for my life and my liberty and it may not only be my own life but the life of my Wife and Children Judge Take him away Then was William Parker set to the Bar c. Evidence given as before Judge What can you say for your self was you at the Bull and Mouth Pris I thought I should not accuse my self I was at no unlawful meeting therefore Jurymen take notice that none hath proved the meeting unlawful or that we did meet under a pretence c. Elizabeth Pike put to the Bar Indictment read c. Evidence given that she met c. Judge What say you Pris I tell you that I am unacquainted with your Law and was never before those called Judges till now but I have often met amongst the dear Children of the Lord and I do not question if you have not a hand in sheding my innocent blood I shall meet with them again and again Judge Take her away she hath said enough Pris Hear you Jurymen in whose hands my liberty and it may be my life is committed have you a care of destroying my liberty and of sheding this my innocent blood but if you are wilful and are resolved to do it who shall pray that it may not be laid to your charge Judge Take her away take her away Elizabeth Harding at the Bar c. Evidence given as before Judge What say you Pris I know the living God therefore I cannot worship graven Images And be it known unto you all if I had as many bodies as haires on my head I could lay them all down for the living eternal truth of the living God also know that I am not ashamed of the Testimony I bear for I was there in obedience to the Lord therefore have you a care that you shed not the blood of the Innocent She spoke also to the Jury and bid them observe the command of Christ As you would that men should do unto you so do unto them And take heed that you shed not Innocent blood Thomas Cox was set to the Bar c. the Evidence given was that he was in the Bull at a Meeting with others above 5 such a time c. Judge What say you were you there or not Pris I was there to wait upon the Lord and if that is become a Crime worthy of Banishment let all people judge Judge Set him by Mabell Wheeler at the Bar c. Evidence as before Judge Was you at the Bull and Mouth Pris I was there and it was for no other end then to worship God in spirit and truth Isabel Hacker at the Bar c. Evidence as before Judge What say you Pris We are innocent before the Lord God and I do believe you are resolved and determined what to do against us so it is little matter for to plead however in Gods Court I am not guilty of meeting under a colour and pretence nothing of that hath been proved against any of us John Chaplin called to the Bar c. the like Evidence against him Judge What say you Pris I am innocent Judge Set him by Manasseth Howard was set to the Bar Witnesses gave evidence as before that he was at the Meeting Judge What say you M. H. was you at the Meeting at the Bull and Mouth Pris The Swearers have sworn I was there Judge You will not deny it This Ed. W. excepted