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A54212 The second part of The continued cry of the oppressed for justice being an additional account of the present and late cruelty, oppression & spoil inflicted upon the persons and estates of many of the peaceable people called Quakers, in divers counties, cities and towns in this nation of England and Wales (chiefly upon the late act made against conventicles) for the peaceable exercise of their tender consciences towards God in matters of worship and religion.; Continued cry of the oppressed for justice. Part 2 Penn, William, 1644-1718. 1676 (1676) Wing P1362A; ESTC R234420 69,745 113

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who sate in the Chair as Judge of the Court stood up and spoke to the Jury to this Effect and said Although there was no visible Exercise that can be proved yet the Quakers say they worship God in Spirit and Truth and we know their Manner is to sit sighing and gr●aning and such like dumb Actions and did very much labour to insense the Jury not like an Impartial Judge and told them They must find it for the King and so the Jury went forth in Order to bring in a Verdict So another Jury was impannelled in Order to a second Tryal of Iohn Sayton's he being sined 20 l. more for a Meeting in the parish of Blythe as aforesaid so the Witnesses being sworn their proceedings were much like the former only one passage is to be taken Notice of concerning one Thomas Sharp an Informer who not long before did forswear himself before a Justice of Peace in the County and Evidence being ready in the Court upon his Oath to testifie the same in Order to invalidate hi● Evidence was called to know what he could say concerning Sharp but the informers Council would not suffer him to speak to that Matter but instead thereof asked the Witness several ensnaring Questions and Sharpe's Testimony was taken Counsellor Leake being for the Appellant asked the said Thomas Sharpe VVhether he was to have part of the Fine by the Oath he had taken and he said Nay He was then asked VVhat he did at Blythe that day and what was his Rusiness and he answered To look after Meetings So this we leave to sober People to judge whether he was concerned or nay he being one of the Informers Note also That Iohn Sayton was above Sixty Miles from home the ●ame day that he was fined 20 l. as was made appear in open Court by substantial Evidence So the Jury went forth and the first Jury immediately came in with a Verdict Then they were asked If they were all agreed Jury And they said Yes Court VVho shall speak for you Jury Our Fore-man Court Do you find it for the King or for the Appellant Jury For the Appellant Upon this Verdict coming in Penistone VVhaley one of the Justices the rest of them being pretty moderate bid them Go forth again but one of the Jury-men stood up said They were agreed and they had considered it very well whereupon he fell into a great Rage and flung off the Bench and said You deserve all to be Hanged and said they were as ill as Highway-men and Cursed them and further said as if He hoped the King would take away Iuries for this way will not do Then Lawyer Athrop the Appellant's Atturney answered and said to the Court You know how Iudges have been reproved for threatning Iuries and striving to force them contrary to their Consciences or words to this purpose So the second Jury came in and was asked If they were agreed They said Yes Court Do you find it for the King or the Appellant Jury For the Appellant Which Verdict was to the great Satisfaction of most people who had heard or known of the Informers Cruelty and Ungodly Proceedings Upon the nineth day being the next Morning the Court sate again and proceeded in order to a Tryal of VVilliam Hudson's of Little-Greenley near Redford for which he stood convicted by Robert Thoroton and fined 20 l. and VVilliam Hudson was called and did appear and was bidden to come up to the Bar but as he was coming up one pulled off his Hat and Penistone VVhaley seeing that bid give the man his Hat again so VVilliam put it upon his Head and for so doing P. VVhaley fined him 5 l. and committed him to Prison and said VVe need no Iury for that Note That these two former Juries were impannelled by the Sheriff according to Law being all substantial Men without Exception when they were sworn and only intended to try the Causes depending but the judicious Care of the Jury men not suting the Humour of some of the Justices in bringing in their Verdicts the day before must now all be turned off and to work they go to impannel a new Jury to answer their Ends and one Billige was called and placed the Fore-man which is or hath been Bailiff to P. VVhaley and one Howett that is his Clark and others whom they pleased So the Jury being sworn and the Witnesses also which were two Informers viz. Thomas Sharpe and Obadiah Anthony and another poor man which did say VVe saw many people met together about sixteen but they were silent without speaking any words but they could not say they saw William Hudson there Thomas Sharpe was asked If he knew William Hudson and he said Yea and that is he pointing at one of which several took notice of him VVilliam Hudson being then in Prison A Notorious Forsworn Informer The Appellant's Council seeing their Illegal Proceedings in impannelling another Jury whom they pleased and would not admit of any Exception nor have regard to Law would plead no more but did forthwith rise up and said If this be your Law I have done or words to that purpose But the Informers Council made use of his Silence and Departure to their own unjust Ends wronged him saying to the Jury You are upon the Matter of Fact and you see the Case is so clear that their Council hath nothing to say therefore you need not stand long about it but bring it in for the King So the Jury went out but notwithstanding their illegal choice of them in hopes of a speedy and free Verdict to answer their Ends yet it proved far otherwise as will be manifest in the sequel For after they had waited a long while and the Jury came not in they sent a Bailiff to know if they were agreed then he returned and said They are not agreed and they think they shall not agree So when they had waited very long and had done their other Business they sent again to them That if they would have Information in matter of Law they would inform them So the Bailiff brought them into the Court and Penistone Whaley said Are you agreed and Billidge the Foreman said We are Eight that would bring it in for the King and there are Four that will not agree thereto Penistone Whaley Why what Four are these that will not agree One of them stood up and said In the first place I am not satisfied that William Hudson did wittingly and willingly consent to the Meeting at his House and 2dly there being neither preaching nor praying nor any visible Exercise of Religion it cannot be a Conventicle The Informers Atturney said That as concerning it being a Conventicle the Quakers themselves did grant and several of them that w●re at that Meeting had paid their Fine Note This was false for none that were at that Meeting had paid any Fines but by virtue of Robert Thoroton's Warrant the Officers and Informers had taken
the Place aforesaid Here followeth a Copy of one of the Warrants Nott. To the Constables Church Wardens and Overseers for the Poor and Thirdboroughs of Sutton in Ashfield and Hurknal and every or any of them Forasmuch as Robert Grace and his Wife Eliz. Brandrith Jo. Blackburn Sam. VVhitworth Eliz. VVhitworth Eliz. Fello and Sarah Clay Richard Bateman Joseph Roberts Fran. Clay Margret VVhitworth of your said Towns are lawfully convicted before me ●●r having been present at a Conventicle or Unlawful Assembly on pretence of Religion otherwise then by Law is established in Mansfield on Sunday the 9th of this instant July these are therefore in his Majesty's Name to require you to levy of the said Rob. Grace for his own Offence and his said Wife's Offence the sum of 1 l. being formerly convicted and the said Eliz. Brandrith the sum of 10 s. for her own Offence being formerly convicted the said John Blackburn Sam. Whitworth Eliz. Whitworth and Eliz. Fello of every or each of them the sum of 5 s. apiece and of the said Margret Whitworth the sum of 5 s. for her own Offence the sum of 2 l. by reason of the poverty of Rich. Bateman Joseph Roberts Sarah Clay Francis Clay formerly convicted by Distresses and Sale of Goods which said sums you are to deliver to me to be distributed according to Law hereof fail not as ye will answer the contrary at your Perils Given under my Hand and Seal the 25th day of July 28 Car. 2. Anno Dom. 1676. Robert Thoroton William Day of Newmenl●as Milner near Eastwood being at a Meeting at Sutton in Ashfield the 28th of the 3d Moneth 76. was fined 5 s. for his own Offence and 10 l. for the poverty of a Preacher or Teacher there being no preaching or teaching as the Informers pretended as the Officers which kept us out of the Meeting-house did testifie before Arthur Stanhope Justice in Mansfieldwoodhouse and several others affirmed the same nevertheless the Informers went to Robert Thoroton and he granted a Warrant against the said William Day and they took away from him a Mare and a Heiser besides Pewter and Brass and Bedding to the value of 14 l. 10 s. 4 d. Iohn Smith of Remson Thomas Sharp of Nework Ioseph Wilkinson of Nottingham Informers Thomas Gristed Constable Robert Howet and Henry Winfield Wardens Ellis England Thridborough and the said William Day went to Robert Thoroton called Justice to let him know that he was wrongfully fined and told him that there was neither preaching nor teaching and if he would give him leave he could produce several that would testifie to the Truth of it and the said Iohn Smith Informer standing by said Did not widow Leadbeater go on with a Narration of words And William Day answered that what words she spoke was in answer to him and the Justice said If it was but one word it was enough Witnesses to the Truth of this Bartholomew Mastin Luke Hanke Thomas Mee and Ioseph Potter Edward Wood of Ekrin in the County of Nottingham Wheelwright for Contempt of the Ecclesiastical-Court at York as is pretended to answer George Higgins in a certain Cause of Tythes was attached by a Warrant from Peniston Whal●y and Robert Thoroton Justices dated the 2d of March ●5 and by Cerificate from Henry Watkinson Official-principal of the afore-said Court and 37 s. was paid by Richard Thomson junior of Ekrin for about 12 s. in the principal demanded Michael Embly of Ekrin had two Lands of Pease worth about 13 s. being all he had taken by George Higgins of Ekrin Impropriator for the pretended Tythe of an Acre of Barley whereof four Cocks half he pretended due to him for Tythe Thomas Farnsworth of Scaftworth for being at a peaceable Meeting had taken from him five Cows worth about 14 l. Robert Spauld for the same had five Cows taken from him worth about 13 l. Robert Nicholson for the same had one Heifer worth about 1 l. 3 s. 4 d. taken from him Zacharias Bower for the same had one Cow taken from him worth about 2l 10 s. Witness Iohn Camsal Thomas Denton Iohn Birks Iohn Glover The Officers Names that distrained William Chapman Constable of Eaverton Edward Chapman and Iohn Batts Wardens Iohn Rayner and Francis VVilliamson Overseers George Gantley Constable and Warden for Scaftworth Iohn Seaton of Blythe for being at a peaceable Meeting was fined 20 l. and had four Oxen and one Horse takenfrom him worth 22 l. George Greaves for the same Meeting was fined 10 l. 5 s. and had four Cows taken from him worth 13 l. Iohn Wilson for the same was fined 3 l. and had a Mare taken from him worth 4 l. 10 s. Gervase Crease for the same was fined 10 s. and had fourteen pound of pewter taken from him worth 14 s. Distrained by Warrant from Robert Thoroton The Officers Names are Robert Williamson and Richard Malken Constables Gervase Pye and Richard Emerson Wardens Henry Noedin Overseer Iohn Brown and Thomas Moresin Thirdboroughs Witness Thomas Farnsworth Ioseph Hudson Iohn Couson Iohn Torr of Scrooby for being at a peaceable Meeting was fined 5 s. for his own Offence and 10 l. for the poverty of a certain Blind Man unknown for one Meeting and 1 l. fine for another Meeting both Warrants amounting to 11 l. 5 s. and they took from him 4 Oxen worth about 14 l. 10 s. and another Warrant from Justice Sands for the sum of 10 s. and 1 l. which the Officers run in Charges about selling the Oxen which they had taken away by Virtue of the other two Warrants more then they sold the Oxen for as is pretended so they took an Heifer from him worth about 2 l. 10 s. William Kirkby of Geatforth for being at a peaceable Meeting had taken from him seven Beasts worth about 12 l. 10 s. By Warrant from Robert Thoroton Adam Hut●hinson and Charles Tollet Constables William Br●fit and George Norman Wardens Witness Iohn Raganal Peter Ancliph Note There was formerly taken on this Account from several Innocent Persons in this County Goods and Cattle to the value of 695 l. and upwards and two Persons great Sufferers formerly appealing to the Sessions they ordered them their Money again but this great persecuting Justice Peniston Whaley fraudulently detains 60 l. in his Hands contrary to the Orders of Sessions John Seaton of Blythe for having peaceable Meetings at his House to worship the Lord was fined 20 l. and 10 s. for himself and 35 s. for his Wife 's being at four Meetings and 5 s. for his Servant in all fined 62 l. 10 s. and had his Goods distrained viz. All his Houshold Goods Horses Ma●es Kine and Swine his Carts and other wooden ware with old Wood Stone and Brick to the Value of 100 l. and upwards The Officers Names that distrained Robert Williamson Richard Malkin Constables Richard Emerson Gervase Pye Wardens Henry Nodin Overseer for the Poor George Greaves of Blythe
Hay to the Value of about 8 l. Iohn Camsal fined 30 s. for being at peaceable Meetings and had taken from him some Corn in the Barn with two Beds and Bedding with other Goods to the value of about 10 l. The Officers Names William Chapman and George Gantley Constables Edward Chapman and Iohn Baytes Wardens Iohn Raines and Francis VVilliamson Overseers of the poor Witnesses I seph Camsel Thomas Saintpal George Flecher The 22d of the 10th Moneth 1676. an Account of Goods then taken from VVilliam Emley of Mansfield in the County of Nottingham Mercer for a Fine of 10 l. 5 s. for being at a Meeting the 17th Day of the same at Hucknal-Hoofet in the parish of Sutton in Ashfield and thereof convicted the 19th of the same by Iohn Smith one Sharp and Obadiah Anthony Informers before Robert Thoroton of Carcouson in the County asore-said Justice viz. 10 l. for the poverty of the Preacher and 5 s. for him elf and by Warrant from the said Robert Thoroton directed to Thomas Innocent and Francis VVatson Constables Richard Burbidge Apothecary John Garner Mercer Ralph Croshey Dyer Thomas Wheat Butcher Overseers of the poor George Cook Malt-maker and John Clay Tanner Church-Wardens John Plumtry and Thomas Clerk Thirdboroughs all of Mansfield in the County aforesaid he had Shop Goods taken from him to the value of 23 l. and upwards George Hopkinson for being at the same Meeting was fined 10 s. for which he was distrained by Thomas Innocent Constable Iohn Plumtry and Thomas Clerk Thirdboroughs as followeth one Coverlet worth 10 s. one pewter Candlestick worth 1 s. one Chair worth 4 s. A Relation of a Notorious Piece of Deceit acted by the Persecutors of these poor affl●cted People called Quakers in this County Upon the 26th Day of the 9th Mo. 76. some of the said People being peaceably assembled together in the parish of Blythe and waiting in Stilness and Silence upon the Lord there came in amongst them one Edward Butterworth who sate down a while amongst them till the Informers came in viz. Iohn Smith Obadiah Anthony and Thomas Sharpe then Edward Butterworth stood up and said Blessed be the Peace-makers with some other words that were not understood by Reason Tohmas Sharpe one of the Informers pulled him forth the Constable meeting them near the Door asked why they pulled him out the Informer said If another speak I will pull him out also so the Officers had this pretended Preacher before Justice Sands who upon Examination said He lived at Broughton within eight Miles of Lincoln but there being some Suspition that he was a Cheat ordered the Officers to secure him and to bring him before him again next Day where before the said Justice Sands and Sr. Ralph Knight being again examined he still said he lived at Broughton and Thomas Sharp one of the Informers being asked upon his Oath whet her he knew the said Butterworth did affirm He never saw him before in all his Life but a Certificate was produced before the Justices to prove they both lived in Newark a Copy of which is as follows This may certifie whom it may concern that we whose Names are under-written do testifie that Edward Butterworth and Thomas Sharpe of our Town of Newark are very well acquainted and very near Neighbours living together in our Town and both in a Street most of our Town well know it John Milnes Thomas Merryweather After Examination the Justices seeing their Deceit committed Butterworth to Nottingham Goal except he found Sureties to appear at Redford Sessions and as the Constable was conducting this pretended Quaker to the Goal Smith and Anthony two of the Informers being with him he rode away from the Constable but about three Dayes after he went to Justice Sands and Obadiah Anthony and Thomas Sharpe two of the Informers with him who were bound for his Appearance at Redford Sessions A short Relation of the Proceedings of the Justices of the Peace at Nottingham Quarter-Sessions the Eighth Day of the Eleventh Moneth 1676. Where many of the People of God in Scorn called Quakers came to appeal for Justice from the Illegal Proceedings of the Cruel Informers who acted by Virtue of several Warrants granted forth by Robert Thoroton Justice of the Peace there being about 20 Appeals which were promised to be tried at this Sessions and but three of them put in the manner of their Trials was as followeth as near as can be remembred Upon the 8th day of the 11th Mo. as afore-said the Court being sate the Council for the Informers spoke to the Justices and the rest of the Court that it would be a Dishonour to the King and to his Honourable Justices of Peace that the Appeals should be tried for if they were it was as much as if the Iustices had not done according to Law and if it should be brought in for the Appellant it would be a Dishonour to them or Words to that Effect The Council for the Appellant It is not any Dishonour to the King or his Justices but whether the Informers acted according to Law or no that is the Question and if any look upon themselves to be grieved contrary to Law they may be tried by a Iury of twelve men which the Law doth allow and further he desired the Tryals might be in the Informers Name and not in the Name of the King but it would not be granted So when the Justices had ordered the Appeals should go on to Tryal a Jury was impannelled and sworn and the Warrant of Robert Thoroton's Conviction of the Meeting at Blythe such a Day betwixt the King of the one Part and Iohn Sayton and the other Appellants on the other part by which Warrant the said Iohn Sayton was fined 20 l. for suffering a Conventicle at his House as they said in the Parish of Blythe So the Witnesses were called and sworn Witness I was there on that Day and there were several People met but were all silent and no Words spoken amongst them but did not see Iohn Sayton there Council for the Appellant Now in the first place forasmuch as there was neither Preaching Praying nor Reading as their own witness doth testifie therefore it was no Conventicle 2dly Being they cannot prove he was there therefore how can it be judged that he did either wittingly or willingly consent to that Meeting if they could make it a Conventicle with much more to that purpose Informers Council Now as to the first although there was neither Preaching praying nor Reading yet it was evident enough that they met under a pretence of a Religions Exercise seeing there was more then five not of Iohn Sayton's Family therefore it must needs be a Conventicle And as to the 2d seeing they cannot prove he was there we must leave it to the Consciences of the Jury whether he did willingly consent to that Meeting or no. So when the Council had spoke on both sides Peniston Whaley one of the Justices