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A60650 A second relation from Hertford containing the unjust proceedings of some called justice 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. Smith, William, d. 1673. 1664 (1664) Wing S4326; ESTC R32690 16,865 24

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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 spir●t and ●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
me Court If you will not plead you shall be recorded and sentenced as a mute H. S. I do not deny pleading Court Record him H. S. I thank God you have nothing of evil against me now nor formerly to condemn me for but it is purely for Conscience sake for worshipping God One of the Jury as he stood at the Bar told him That if he did plead they should finde him guilty So it seems it was determined beforehand what to do and that all their shew of a legal Tryal was but under colour and pretence having fore-judged them and before hand concluded to condemn them So the Jury went forth and about the space of a quarter of an hour returned agreed upon their verdict And being asked if they were agreed answered Yes and who should speak for them answered their Fore-man who being asked if Henry Sweeting were guilty of the Crimes he stood indicted of or not guilty he answered guilty and so of all the rest Court Look to them Goaler Then was Henry Stout set again to the Bar and his Indictment read the third time and he still desiring to be tryed by the Court that ought to try him viz. The Court of the Corporation The Clerk recorded him again for a Mute the third time This done the Goaler was commanded to fetch the rest of the Prisoners to the Bar being one and twenty persons which also was done and proclamation being made that all persons should keep silence while Judgement was given The Prisoners were called over severally one after another to whom Henry Chancy directed his speech particularly as followeth viz. What say you Lewis Laundy why judgement of transportation should not be passed upon you L. L. I am innocent in this matter and have not transgressed this Law for our Meetings are not contrary to the Liturgy but your practice is contrary to it for that sayes Cursed is he that parteth man and wife which thing you are doing this day and assuredly the Lord will reward you according to your deeds Then Henry Chancy being about to pass sentence Richard Thomas called to the Court and said hold there is something to be said first before the Sentence is passed whereupon Henry Chancy said Richard Thomas what have you to say why judgement of transportation should not be passed upon you R. T. I have much to say First nothing hath been proved against me as matter of Fact which should deserve such Sentence And again I ought to have been tryed by the Corporation for the pretended offence and therefore there ought to be an arrest of Judgement H. Chancy As to that you have had a fair tryal and the Court doth over-rule you in that thing and you have been answered Then John Reynolds was asked what he had to say why sentence should not be passed upon him And Tho. Vic. Fansh. stood up and said He had done very much for him at the Assizes To which J. R. answered That the light in his Conscience would convince him of the evil he had done to him whereupon Tho. Vic Fansh. retorted in a rage That the light you hold is one thing to day and another thing to morrow Before sentence several others of the Prisoners said They were innocent and had not deserved any such sentence But H. C. said Your plea of innocency will not now avail you The Jury hath found you guilty therefore you must hearken to your Sentence So the Prisoners were set to the Bar and sentence was pronounced by him as followeth Richard Thomas John Bresbon Robert Fairman William Brown Francis Haddon Samuel Wollaston Thomas Crawley John Reynolds John Witham Robert Crook It is awarded and the Court doth award That you and every of you shall be transported beyond the Seas to the Island of Barbadoes being one of his Majesties Plantations there to remain seven years Then Sentence was also pronounced upon the rest thus viz. Lewis Laundy William Burre Thomas Burre Thomas Moss Michael Day Robert Hart William Adams John Throughgood Henry Sweeting Jeremiah Dean Henry Stout It is awarded and the Court doth award that you and every of you shall be transported beyond the Seas to the Island of Jamaica one of his Majesties Plantations Forreign there to remain seven years But before the Prisoners went from the Bar divers of them expressed themselves to this purpose viz. Richard Thomas said The Lord justifies though you condemn and sentence us And be it known unto you that I account it great honour and much mercy from the Lord that I have been preserved unto this time to hear a testimony for Gods eternal truth against such a generation of men as you are And as Sentence was pronouncing Lewis Laundy one of the Prisoners directed these words to Henry Chancy Alas for thee poor Chancy observing a great change in his speech and countenance it had been well for thee if thou hadst not done this dayes work c. After a little space the said Henry Chancy recovering himself spake to the Prisoners as followeth viz. If you on every of you will pay one hundred pound into the Court you may be discharged from this sentence and the Court shall not be discharged till the morning It was now after the 9th hour at night and the Court adjourned till eight the next morning the Prisoners being remanded back to Prison On the morrow about the 7th hour the Court met again being the third day of the Sessions and the Goaler being ordered to bring the forenamed twenty one persons or whom sentence was passed they were brought accordingly and set to the Bar and called over Court Then the Court demanded of every several person respectively whether they would pay down their several hundred pounds to redeem them from the sentence of transportation that was passed upon them Pris. To which they returned their several answers some whereof are as followeth Lewis Laundy It is for the testimony of my Conscience towards God that I am sentenced and if I had an hundred lives and could redeem them all with an hundred pence I should not give them in this case Rich. Thomas Be it known unto you that the service we are called unto is more honourable then to be purchased off with money and therefore if the tenth part of a farthing would do it I should not give it you and further he also said the Religion we profess we are neither afraid nor ashamed to suffer for it is the Truth and shall stand over the heads of all such transgressing wretches as you are Tho Moss I am in the service of God and I do not intend to hire my self out of it but you had more need to hire your selves out of the service that you are in R. Crook Whether shall I be free if I should pay an hundred pounds Court Yes R. C. Then I may go meet again with those you call Malefactors to the disturbing of the Kings Peace Court Yes paying an hundred pound he might