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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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change every day Tho. Bur. Thou hast not found us so changeable hitherto neither wilt thou W. B. I desire the light may not be villified for it is the Grace of God that brings salvation and I will gladly tell you what it hath done for me it hath redeemed me from a vain conversation and taught me to live soberly in this world Interrupted by Tho. Vic. Fan. You have broken this Luw meaning the late Act which is not to hinder you from your Religion but to hinder you from your Meetings and you are not to meet W. B. If men or Laws command one thing and the Lord requires another which should I obey Unto which the Court returned no answer H. Chancy Thomas Burre were you at Thomas Burdocks House T. B. Yes H. C. What was your end of being there T. B. To answer the end for which I was born into the world and for which I have my life continued to me unto this day viz. To worship the Lord in spirit and truth who ought to be worshipped at all times and in all places and for that end we shall meet there or in other places as we have freedom Interrupted Then H. Chancy spake to the Jury and said Gentlemen I think the evidence is sufficient and they themselves confess that they were there one saith that he was there to worship the Lord another saith that he was there to wait upon the Lord and the other to worship God in spirit and truth which is in effect all one and they have been twice convicted already upon record So he caused the Records to be read to the Jury The Prisoners would have spoken further to the Jury but were not permitted but commanded to be set by and the Jury commanded to go forth who quickly returned agreed upon their verdict that the foresaid four prisoners were all guilty Prisoners It is little to be condemned by men when the Lord justifies H. C. Look to them Goalers and make room for the other Prisoners Then were set to the Bar Robert Crook Thomas Crawley Samuel Wollaston Robert Faireman Richard Thomas Francis Haddon William Brown Then the several Indictments were read which for matter and form were the same with the former except onely that these were met at an house adjoyning to the dwelling house of Nicholas Lucas in the Parish of All-Saints in Hertford And Robert Crook aforesaid being by himself set to the Bar Thomas Burge Clerk as aforesaid asked him If he were guilty of this Indictment or not guilty R. C. Where was it that I was taken Cl. In the house belonging to N. Lucas R. C. Is not that within the Corporation Cl. Yes R. C. It was read in the Indictment that I was a Subject to the King Cl. Are you not R. C. Yea I am and being a Subject whether I have not a due right to by tryed by the Court of the Corporation wherein I was taken Tho. Vic. Fan. You were committed to the County Goale and so you ought to be tryed by us or words to that effect Cl. You are to plead guilty or not guilty now and may be heard concerning that afterward R. C. I am ignorant of your Laws and do not know my time or place for that Cl. Are you guilty or not guilty you must plead R. C. I have no guilt upon me as for what I am accused and apprehended Cl Set Thomas Crawley to the Bar Are you guilty or not guilty T. C. Not guilty Cl. Set Samuel Wolleston to the Bar. Are you guilty of those Crimes whereof you stand indicted or not guilty S. W. Not guilty Cl. Set Robert Faireman to the Bar Are you guilty of the Crimes whereof you here stand indicted or not guilty R. F. I am not guilty of the breach of any just Law Cl. Set R. Thomas and Fr. Haddon to the Bar You stand here indicted fer being at an unlawful Assembly in an house adjoyning to the dwelling house of Nicholas Lucas with several other Malefactors What say you are you guilty or not guilty R●chard Thomas This pretended offence was committed within the Borough of Hertford which Corporation hath power by vertue of their Charter to try any matter of Fact within it self Treason and Felony excepted and therefore I conceive that I ought to be tryed at the Corporation Sessions not at this Court for by the Magistrates of this Corporation we were committed some of us are Members of it and therefore by them ought to be tryed H. C. I must tell you That the Justices of the Corporation have turned you over to us and it is according to the Act that we should try you therefore you must plead guilty or not guilty R. T. I think not so for the Act saith of such pretended offences that they are to be tryed within the Limit Liberty or Division wherein they were committed Tho Vic. Fan. You must plead to this Court for there have some of this Corporation been tryed in the like case before the Lord Chief Justice Bridgeman one of the gravest and most learned Judges that ever sate upon this Bench at the last Assizes here they coming first which is according to the Act. R. T. That might be done there for that Court sate by a Commission of Oyer and Terminer and in some sense comprehended the Corporation but you are the ordinary Quarter Sessions and have no such special Commission Interrupted Tho. Vic. Fan. We have a special Commission and have power to try you here R. T. We were committed twice for that you call the first and second offence by the Magistrates of the Corporation to their Prison and for the third offence by some of the same Magistrates were sent to the County Goal who are no Justices of the Peace for the County meaning the Mayor and Robert Deane And further I would ask this question Whether if the Corporation Sessions had come first should such as had been taken in the County and committed to the County Prison been brought from thence and tryed by the Corporation Sessions One of the Justices upon the Bench J K. stood up and answered Yes by which it appears that the young man hath more authority then knowledge of the Laws and Customs of the Corporation although he be a Member of Parliament as one of the Burgesses for that Corporation T. Vic. Fansh. You shall not be permitted thus to stand pleading here to over rise the Court. R. T. It is not like that I shall over-rule the Court but the Court may over-rule me although by Law they cannot Cl. You must answer whether you are guilty or not guilty R. T. Not guilty according to manner and form of the Indictment Cl. Francis Haddon what say you are you guilty or not guilty F. H. Inasmuch as I had no evil intent in meeting I am not guilty Cl. William Brown what say you are you guilty or not guilty W. B. I am not guilty of evil doing Proclamation being then made That if
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
Yes they are of Law as well as of Fact and that may be proved R. T. Jury men all that hath been proved against us is that we were met together above the number of five Interrupted again and Henry Chancy spake to the Jury H. Chancy The wise judicious and worthy Judge Bridgeman was of this opinion That if any person shall meet with others above five in number at such Houses which are their common houses of meeting and can give no good account what they did there that is a presumption in Law and not onely a presumption but a violent presumption and they say they meet in the fear of the Lord to worship him in Spirit This they confess Then were the Records commanded to be read to prove the first and second Convictions and he told the Jury That if they did believe the Witnesses that they were met together they must finde them guilty The Prisoners would have spoken further to the Jury but were not suffered onely some few words were spoken by Rich. Thomas as they were going out of the Court as to warn them of being over-awed by the fear of men but judge righteously as they would answer it to the Lord and that the matter was very weighty and of great concernment and if but one of them would stand out in opposition to the rest they could not find the Bill against us for there were some in the Court that thirsted after our Blood but they could not drink it except you of the Jury give it them But the Jury was hastned away who in as must hast returned in the space of a quarter of an hour Cl. Set them all to the Bar. Set Robert Crook Thomas Grawly Samuel Wollaston Robert Fairman Richard Thomas Francis Haddon and William Brown to the Bar which was done Cl. Gentlemen of the Jury are you agreed of your verdict Jury Yes Cl. Who shall speak for you Jury Our Foreman Cl. Is Robert Crook guilty of that unlawful Assembly or not guilty Jury Yes he is guilty and so they answered concerning all the other six above named Cl. Look to them Goaler Pr●s Well we are justified in the sight of the Lord and we believe you will not be found clear nor justified in the sight of God nor men for this dayes work Then the Court adjourned till three in the afternoon and about four they met again and Proclamation being made the Goaler was commanded to bring seven more of the Quakers Indicted as aforesaid to the Bar. The Goalers bringing them to the Bar they were called as followeth first Michael Day whose Indictment being read agreeing much with the former save onely as to place of Meeting being in the Parish of Great Amwel in the Liberty of Ware in an house adjoyning to the out-houses of Robert Dawsor It was asked of him Whether he was guilty of the Indictment or not guilty M. D. Answered Not guilty Then John Thurgood was set to the Bar and his Indictment also read in form as aforesaid and being asked whether guilty or not not guilty answered J. T. I am not guilty After him the rest of the number of Prisoners called for were set to the Bar successively viz. John Presbon John Reynolds John Witham William Adams Robert Hart Their Indictments read and their answers returned in the negative Not guilty as aforesaid Onely this was added by some of them That they were not guilty of those Crimes expressed in their Indictments but were innocent peaceable men and had transgressed no righteous Law Then was a second Jury empanelled whose names are as followeth Edmond Hassel Benjamin Jones Edward Bache Jonas Hunsdon John How John Flowre John Hall Thomas Jermin 〈…〉 Broughten John Ford Thomas Jordan Charles Noads and Henry Chancy stood up and spake to the Prisoners as followeth and told them the Court had a minde to shew them favour and that favour was this If they would promise to meet no more together above the number of five the Court would discharge them what say you have you any minde to accept of this favour of the Court John Bresbon We have no minde to purchase the favour of the Court with such promises our Meetings are peaceable and lawful and our Consciences are tender towards God and we can promise no such thing to gain more then our liberty Hen. Chancy Then swear the Jury The Jury being sworn and charged as before well and truly to try betwixt the King and the Prisoners at the Bar and true deliverance make and to bring in their verdict according to evidence The Witnesses were called and sworn whose evidence reached thus far and no further That they were taken at such a time and place met together above the number of five but that they heard them speak no word nor saw nothing but that they sate together in silence Then the Prisoners called upon the Jury to take notice that no matter of fact was witnessed against them by those Witnesses but the Jury seemed to give more heed to the minde of the Court and what they would have them to do then either to the Prisoners or Witnesses H. C. There are two Records against the Prisoners already for two former offences which were read and as for this third offence of which they stand indicted the evidence is sufficient His Memorandums or Breviates were also read viz. what the Witnesses had said and what the Prisoners had confessed That they were met there in the fear of the Lord to wo●ship him in spirit and truth and withal he told them that if they did believe they were met they must finde them guilty And though all this while no matter of Fact was by the Witnesses proved nor by the Prisoners confessed but onely meeting above five in obedience to God to wait vpon and worship him in spirit and truth The Jury was commanded to go forth who did so and quickly returned agreed upon their verdict that they were all guilty Court Look to them G●aler Then Henry Sweeting Henry Stout and J●remiah Dean were brought to the Bar and their Indictments read which agreed in form and being required to plead guilty or not guilty some of them insisted upon their liberty and priviledge as freemen of the Borough of Hertford and Henry Stout alledged That they ought to be tryed by the Mayor and other Magistrates of the Corporation according to their Charter and their Oaths H. C. The Court hath a particular kindeness for you if you will accept of it viz. If you will engage to come at no such tumultuous Meetings any more but onely stay at home with your own Families you may be discharged and set it liberty Hen. Sweeting If I were sure that my life were to answer for the thing I could rather offer up my life as a sacrifice then to engage to any such thing And the other answered in like manner that their Meetings being no unlawful Assemblies nor seditious Conventicles and that they neither