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earth_n	heaven_n	lord_n	word_n	16,216	5	4.2023	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54244	Truth rescued from imposture, or, A brief reply to a meer rapsodie of lies, folly, and slander but a pretended answer to the tryal of W. Penn and W. Meade &c. writ and subscribed S.S. / by a profest enemy to oppression, W.P.	Penn, William, 1644-1718.; Rudyard, Thomas, d. 1692. An appendix, wherein the fourth section of S.S. his pamphlet ... examined.	1670 (1670)	Wing P1392; ESTC R36662	46,879	75

be made to William Penn perhaps the Author of the Libel thought him so great a Child as to be insnar'd into such reflections as would subject him to the Lash of his Sr Samuel for a Defamer but as I have learnt more prudence so indeed more Religion I abhor to use Scurrility instead of Reason and so should this Libeller of supplying the defects of his Cause by Railing Were I a man as bitter as S.S. shews himself cholerick and but as apt to revenge as he is to wrong I might take this occasion to write the Stories of the times concerning his Patron But since I hear he denies it any Patronage and that I know that these things are no wayes profitable to the Reader but meer incentives to prejudice I heartily forgive all having otherwise learnt Christ and think it as well unmanly as it is unchristan to place the miscariages of any man to the account of his Cause For though a good Principle may be profest by a bad man yet is it impossible that a bad man should make that good Principle bad and therefore its clear of any just suffering by his miscarriages Nor is there any such indigency in the Case for the Cause defended by S.S. is in it self so weak not to say wicked as we need not take Sanctuary to personal miscarriages the matter being too fruitfall of them His base Reflections on my Father shall be considered by themselves and therefore I omit to answer them as placed by him But shall proceed to examine the remainder of his Section He charges the Author of our Tryal of false Accusation against Alderm Bludworth that he mov'd at the Sessions to have a Witness against Harrison the Fryer and Firer sent to Bridewell and whipt affirming that neither did Ald. Bludworth make any such motion nor did it appear that Harrison was a Fryer or Firer pag. 7. But as a bare denial is a weak Apology so that he either threatned or mov'd to have an evidence against a suspected Fierer sent to the House of Correction to be whipt I have heard several affirm But whether this be true or false it concerns not the legality or illegality of the Old Baileys procedure As for Harrison's being a Fryer I never believed it nor can I think so meanly of the Contrivers as that they should imploy so witless an Emissary at least for an eminent Agent But if Harrison may be exempted from that concern it follows not that the Fryer should He pretends heartily to wish that these Libelling Lying and Discontented People were as free of the design of putting the whole Kingdom in a Flame as Harison was from the actual firing of the City But I as heartily believe that if as strong an Evidence and but half the Circumstances urged against Harrison had been brought against Vs to prove so detestable a design as that of inflaming the Kingdom we should have hardly found that can did release I am sure not so kind an Apology since S.S. sticks not to suspect Vs more of the One then he does Harrison of the other But whilst he hypocritically uses Michaels words to the Devil The Lord rebuke thee they are truliest apply'd to Himself whose Diabollical suggestions are plain discoveries how chearfull he could Sacrifice us to his malice and fury for which the God of Heaven and Earth will judge and recompence The Indiscretion of the Recorder he rather aggravates then defends but it is so much his practice through his whole Discourse that the wonder would be to find it otherwise He begins thus The Accusation against the Recorder is twofold First That he should say that there would be a Law made the next Session of Parliament that no man should have the protection of the Law but such as conform to the Church This saying of the Recorder is falsly and maliciously recited For he said we shall not alwayes be at this trade with you you will find the next Session of Parliament there will be a Law made that those that will not conform to the Law shall not have the protection of the Law pag. 8. I hope for the reputation of this famous City their Recorder was not at the finding out of this malicious difference in the recital as S.S. is pleased to tearm it How much the two Expressions differ or rather how little is obvious since 't is the word Church that makes it if it makes any I am of opinion that the former is but a necessary explanation of the latter for if the Law we must be conform'd to relates to Ecclesiastical Affairs then what 's the difference betwixt our not receiving the protection of the Law unless we conformed to the Church and our not receiving the protection of the Law unless we conform to a Law relating to the Church or a Church Law The wretched folly and bala stupidity of this Libeller has wounded more the Persons he would vindicate then what the Author of the Tryal was supposed to do with all his opposition What he means by those blessed Saints whom he says we follow that made a Law that those that would not subscribe the wicked Engagement against King and House of Lords should not have the benefit of the Law c. we are to seek and are as far from finding by the help his ill-stockt Ingenie may afford us but I perceive the Man can venture to prophane as well as lye though his wit fails him more in the former then his wickedness does in the latter 'T is sad that nought but holy ground will serve such Swinish spirits to trample on But what if they acted irreligiously and inhumanly too must that be laid at their Doors who not only were unconcerned with them but persecuted by them and that for writing against the imposition of that Engagement and refusing to take it But if it was then esteemed so great an evil by S.S. how comes it now to be transmuted to a moral good Was it unreasonable then and is it reasonable now can the nature of a Persecuting Act be changed because the Parties in point of power be His lex Talionis is not lex talionis to us for never having sufferred by us there is no ground for retaliation or revenge But we understand the mans meaning and still fail not to meet with frequent instances of his wishes for us I shall conclude this Section with one of them and the most fatal both to Religion and the Law The second Accusation against the Recorder is that he should say Till now I never understood the reason of the pollicy and pr●dence of the Spaniards in suffering the Inquisition amongst them and certainly it will never be well with us till something like the Spanish Inquisition be in England pag. 9. The Infererence the Libellers make is what doth this but justifie that hellish design of the Papists to have prevented the first Reformation This is a wretched and uncharitable construction of the Recorders words

the old Saying true viz. That one Renegado is worse then three Turks To which I answer not as W.P. but as one they call a Quaker His application of the first Scripture will be this If Michael did not bring a railing Accusation against the Devil then the Author of the Tryal should not have brought one against him It is so plain what he has said of him that we need not further blacken him But this latter part he grosly mis-understands and mis-applies for t is deny'd that any part of this Scripture affords one just Reproof of that so much abused Author We know how frequently the Devil himself has taken to the Scriptures for a Refuge and after this mans strange construction it will be railing to tell a man his Faults And truly when I seriously consider how gross and numerous his are as by his very Book appears methinks he was hard put to it for a Covert A railing Accusation is a false as well as wrathful one which he proves pag. 5. therefore a true though sharp reproof is none I know it is the humor of such who would live unrebukt to render it more criminal to reprehend then to commit a Fault that they may save their heads from the knock of just censure But who the Railer was we shall take leave to mention in its place However what has this to do with W.P. The second Verse we are equally unconcerned in Could he have found a Text that says But these speak well of those things they know not he might have more approacht the matter by excluding our science in the Law in owning our great Good-will unto it Of the latter our Tryal as by him represented is a demonstration but I could wish he were no worse then those concerned in that Scripture which was to speak evil of things they know not For I am perswaded he spoke malignantly evil of things he knew did not deserve it We do not only tell the World the tendency of our Doctrine is to incline mankind to Meekness and Patience c. but we bless the God of Heaven and Earth many ten thousands do believe the same and that on better Evidence then hear-say or bare report But whether S.S. or his Juncto can with any tollerable shew of modesty condemn the Quakers as destitute of Meekness and Patience who have so much wanted both as they Instrumentally have given the clearest evidence of the contrary by their inhumane Persecutions as well as we have done it by Suffering the same I am sure will be the Question He begins his Appology thus An high Charge against Sr. Samuel Starling then Lord Mayor if true Cujus contrarium verum and therefore a railing Accusation and that Light which is as they say within them by which they are acted and speak as they pretend is the spirit of the Devil the Father of Lyes These words both deny and give a Charge but with how much Truth and Reason I shall examine and begin with the latter I take this Expression to be the most venomous of all his Libel and seems to come hot from a Blaspheming Gnashing Spirit through a vexed Consciousness of Guilt The Light we profess to be guided by is so far from being the spirit of the Devil the Father of Lyes that its of God the Father of Truth Here may be read the Text inserted in the Period of his Title Page For he speaks evil of Divine Dignities who speaks against the Light for God is Light And he that says he hath Fellowship with God and walks not in the Light he lyes and deceives himself And if this scurrilous Libeller had ever known what it was to obey this holy Light he would have forborn so impudent an Assertion But 't is an evident sign of a feared Conscience as well as great ignorance to publish to the World that Light is the spirit of the Devil and not of God How many times do the Scriptures commemorate God and Christ by this Epethite Christ was promised by that very Name I will give him for a Light to lighten the Gentiles And John said of him That he was the true Light that enlightneth every man And Christ gives this Testimony of himself I am the Light of the World Also the Apostle Paul What ever is reproved is made manifest by the Light And John thus God is Light c. If you walk in the Light as Christ is Light c. And in the Revelations The Lamb shall be thy Light c. And of God it s said He dwells in Light God is Light and in him is no Darkness at all c. But in this man there is the very blackness of Darkness who calls Light Darkness and Darkness Light Evil Good and Good Evil. Next I cannot chose but observe how abruptly he falls from the matter of his Chapter to blaspheme our holy Light A high Charge the contrary whereof is true And that Light which is in them is the spirit of the Devil Behold the Confusion and Incharity of the man nay a rude pulling upon his own head the Vengeance of the God of Light Did he or any else ever hear us pretend to own another Light then in the Phrases and from the Scriptures before mentioned I am assured they did not And though I deny his Imputation yet what if I or any Quaker on Earth or all of them had acted injuriously to him or any man must that blessed Light we say is given of God and more then pretend we are guided by be villified for our Failings Nor is it less then wretched Blasphemy for any to say That because S.S. is a most horrible Imposter therefore the Grace or Light which God has given him is the Spirit of the Devil But this proves to me his Impiety beyond all other Demonstrations for nothing's more common then where men with wilful obstienacy have lived a rebellious and wicked life against Gods Light and Spirit in their Consciences there to spurn with gnashing Teeth and scalded Tongues in blasphemous Expressions against God and his Tabernable and those that dwell in Heaven But besides his very words carry such Weakness and Confusion with them that I will easily from thence inferr a Vindication of our Light and Friends And that Light which is as they say then he does not say it which implies that he thinks we lye at least are mistaken within them by which they are acted and speak as they pretend which supposes that he believes we are not really so acted nor do we speak by it only that we make it our pretence is the spirit of the Devil the Father of Lyes If I understand him or his words this is the genuine and true construction of them That Light that is in them is the spirit of the Devil the Father of Lyes yet I wont say it and I believe it s but their pretence to say they act or speak by it If this been't the very sense of the

commanded to be brought by the Mayor how justly let the ingenious Reader judge Nota 17. pag. 29. Vpon this Mr. Penn was silent and quiet though nothing was done to him Answ I perceive the man will rather play at small Game as the Proverb is then sit out What Would he suggest my fear to the World after his own relation has given such large testimony of my Boldness in so much as to dare the Court to a Tryal pag. 13 Or is he angry that I held my Tongue as he says And yet the Mayor and Recorder so angry that I spoke as that I must be Staked with Iron Fetters to the Ground an Unkindness I forgive but which will render their Carriage Infamous with all Sober and Moderate Men. But three things I observe and conclude this ridiculous Nota. 1s● That my retort upon the Mayors Menace was omitted by S.S. which was this Do your Pleasure I matter not your Fetters Which was very far from being over-aw'd by their Displeasure as the remainder of my Tryal manifested which I speak to Gods Glory whose holy Power carried my mind over the heads of all that there arraign'd or judg'd me Secondly There was no occasion for much Discourse as by the Tryal appears the Court being ready to break up and then to whom should I speak Thirdly I would that S.S. and his Brethren should know That I only Worship Fear and Bow before the Glorious Everlasting God of Heaven and Earth and therefore Dread not Mortal Man whose Breath is in his Nostrils and has power only to hurt the Body and that no further then a permitted him of God whose holy Will I am resigned to answer in Doing and Suffering as he shall enable me And whatever my Portion be from this Generation whether Good-report or Bad-report Acceptance or Suffering I matter not but bles● his Providence and shall accept it all as an Earnest of his Eternal Love and rest in Glory Nota 18. pag. 29. These men were very like to be starved when they had Rost-Beef Capons Wine and Strong-Drink sent them as is ready to be proved during the time they were considering of their Verdict Answ This is but a vain Surmize and how positively so ever asserted the Proof remains behind which had there been any it is not to be thought this Libeller would have omitted it besides the Officers of the Court were sworn to keep them from all sort of Refreshmen But had it been so I see no evil in the thing unless it be an Evil to prevent men from starving especially since they were not there encloyster'd for not agreeing in their Verdict but for agreeing in a Verdict some Persons humors would not allow for one as the Juries frequent Cries We are Agreed We are Agreed c. do plentifully evidence This ends his Nota's and I shall now take leave to remark on him Nota 1. My first Observation will be this That in his relation of my Tryal though in many things he does me Right yet in some places he does both me and the Law wrong For its familiar with him to slip over those Expressions of mine which tell the World how vehemently I called for Right and willing I was to be tried by the Fundamental Laws of England whilst represented as a Seditious Person which my Soul abhors thus pag. 17 28 31. But more especially that Clause I can never urge the Fundamental Laws of England but you cry Take him away take him away But t is no Wonder since the Spanish Inquisition hath so great a place in the Recorders heart To which I might add his threatning to Cart the Jury about the City c. pag. 19. The intent of which unfair dealing must needs arise from an apprehension of the disadvantage and guilt that would be attributed to them whilst nothing more manifests both then the partiallity of these parts of the Narrative Nota 2. My second Remark will be upon the folly of this Boaster which shews it self so great that it is become already the scorn and raillery of the Town For insteed of casting a friendly Covert over the Nakedness of his Patrons he brings them out-stript in Print and allows nay vindicates those very Indiscretions which are irreconcileable with the sense of every sober man and that hitherto were scarely credited by their Enemies in the relation of our Tryal but now believed by their best Friend because divulged with a seeming Priviledge in the Account given by S.S. This appears First pag. 1 22. In Jo. Robinson 's Expression to Edw. Bushel a Jury-man That he deserved to be indicted more then any man that had been brought to the Bar that day 2dly pag. 22. In the Recorders Saying to that Person You manifestly shew your self an Abettor of Faction 3dly pag. 3 27. In the Recorders Menace I le have a positive verdict or you shall starve for it 4ly pag. 28. The same person to Edw. Bushel You are a factious Fellow I le set a Mark upon you whilst I have to do in the City I le have an eye on you 5ly pag. 29. Again You will find the next Sessions of Parliament There will be a Law made that those that will not Conform to the Law shall not have the Protection of the Law 6ly pag. 29. The very same person thus again Bring another verdict or you shall starve 7ly pag. 29. And as that which is fittest to bring up the rear of all his Threats because the most Malignant I shall insert that notorious Passage of the Inquisition as by S.S. Till now I never understood the reason of the Policy and Prudence of the Spaniards in suffering the Inquisition among them and certainly it will never be well with us till something like the Spanish-Inquisition be in England Of the Mayor he gives us this Account 8ly pag. 22. The Mayor to Ed. Bushel thus You are an impudent Fellow I will put a mark upon you 9ly pag. 24. To the Jury What will you be lead by such a silly Fellow as Bushel a canting Fellow 10ly pag. 37. To Edw. Bushel again You are a factious Fellow and a course ought to be taken with you 11ly pag. 27. Edward Bushel to T.B. I have done according to my Conscience Mayor That Conscience of yours would cut my Throat E.B. No my Lord it never shall Mayor But rather then you shall cut my Throat I will in defence of my self cut yours first This last Expression horribly belyes the Mayor and wrongs his words for many sufficient Witnesses they say will deposite that he fairly said But I will cut yours as soon as I can 12ly pag. 28. And speaking to the Jury in reference to E. Bushel saith he Were I of the Jury rather then he should starve me I would slit his Nose for him It was fairly done of S.S. and the whole City and Kingdom are great Debters to his franck Discovery and plain Acknowledgements We may now easily understand the meaning of the

had been more knowing and so more proper per Judges who might give a better and more equal Determination of such Facts which for decision came before them then a Jury of twelve men could or would do Surely the Law would then have left all Controversies to their sole Arbitrary Determination and never have required and commanded Tryals by Jurors which are not only chargeable to the Iury-men Free-holders of this Nation by reason of their Attendance and Expence at Assizes and Sessions but also dangerous and hazardous to perform and do their Duty there But according to that Maxime Lex intendit vicinum vicini facta scire The Law presumes that each man best knows his Neighbours Actions Therefore the most proper Judge whether to condemn his Neighbour as guilty or to acquit him as innocent So we must either lose our Reason or conclude it Illegal and Irrational that Justices whom the Law quo ad hoc concludes Ignorant should judge or condemn Jurors for Ignorance whom the Law quo ad hoc concludes more knowing then themselves 5. Fifthly the fifth Reason and Argument to evince the Illegality of such Arbitrary Proceedings may be drawn from that Maxime of Law more then once used by the learned Cook viz. Lex est tutissima Cassis The Law is the surest Sactuary that a man can take and the strongest Fortress to protect the Weakest Yea saith that Author Sub clipeo Legis nemo decip●tur It fails none that put their trust in it We have no reason to believe that that Author put an Encomium upon the Laws of England we mean the Fundamental Laws the Charters of Liberties of which he then treated beyond their real Worth and Value But must rather conclude that such Arbitrary Proccedings which leave the Freemen of England void of Defence and Remediless of Relief are not according to the Rules and M●xims of Law but clearly otherwise And th●t the Fining and Imprisoning of Jurors are such may further app●ar in these Particulars First In that the Jurors are condemned without a Tryal whether they have done their Duty or not that is whether they have found with or against their Evidence c. 2. Secondly In that the Iudgement against them be it Vitious or Erroneous either in respect of the irregularity of the Proceedings or nullity of the Fact charged upon them cannot be examin'd or revers'd by Writ of Error 3. Thirdly In that no such Superiour Court can receive or hear their Appeal as upon Indictments and all other Proceedings by due course of Law they might Manifesting that such Arbitrary Proceedings against Jurors are far more severe and hard then any Convictions of Traitors Thieves and Murderers who are apprehended Flagranti Delicto and tryed by due Course of Law And since they are so unreasonable that they allow not a Iury of twelve Boni Legales Homines Good and Lawfull Men neither liberty of defence before Iudgment nor an after Tryal or Examination of the Fact for which they were condemned we must necessarily conclude them Illegal and Irrational so null and void according to that known Maxime Cessante ratione Legis cessat ipsa Lex And leave them to that just Censure of the Parliament of the Commons of England THAT THEY WERE INNOVATIONS IN THE TRYALS OF MEN FOR THEIR LIVES AND LIBERTIES S.S. his 2d 3d and 4th Remarks Examined Saith S.S. If it be objected That in the present Case being an Indictment for a Trespass an Attaint doth lie and therefore ought to be punished in Attaint Which he thus himself answers Brook Title Attaint 130. saith Et sic admittitur quod si le Roy fuit merement Party Attaint negist Where the King is sole Party Attaint doth not lie In our present Case the King is sole party and therefore by the old Law no Attaint doth lie In the answering of his own Objection the Author has taken up no less then four or ●●ve Pages of his Discourse and the whole of his second third and fourth Remarks in quoting nine or ten Book-Cases and Statutes to prove his Assertion that no Attaint lies where the King is Party Ending his Libel thus From these four Remarks I conclude Nothing but leave the Determination of this important Affair to the honorable Sages of our Law and Pray that in this and in all other Businesses of Concernment that God the Great Iudge of Heaven and Earth would guide and direct them Answ 1st The Righteous God whom this Libeller imprecates has declared That the Prayers of the Wicked are an Abomination to him Prov. 15.9 and 28.9 2d The Frivolousness and Impertinentness of this Ribaldry to the Controversie in hand will appear to the meanest Capacity that will take the pains to compare it to the Libellers own Text viz. The fining of that Jury that gave two Contrary Verdicts Justified 3d The King being Party so no attaint lies the matter of these three last Remarks is so far from being an Objection to be offered by the Friends of those oppressed Iurors that they not only grant to him that no attaint lies against such Iurors but that it is horrid Injustice and Oppression to punish them by that or any other way which we shall clear briefly in these Particulars 1. First It might suffice any rational man That Iurors betwixt the King and Prisoners ought not thus by Arbitrary Fines or other Means to have punishment inflicted upon them in as much as the Ancient Common Law of England is so far from directing of Pai●es that it declares That all Restraints of Jurors are Abusions of the Law Which we have from Andrew Horn a learned Writer of the Law in the time of Ed. 1. who amongst the great abuses of the Common Law for some of which King Alfred executed several of his corrupt Judges sets down this viz. It is Abuse to compel Jurors to say that which they know not by distress of Fine and Imprisonment after their Verdict And that this is the Statute Law to this day may appear 2d In that the Grand Councels of England in Parliament have no less then Twenty several times given their Judgments about the false or vitious Verdicts of Jurors Enacting twenty one Statutes for the correcting and punishing of such Defaults And doubtless they having been so often near the Point had the Law of England and Right and Liberty of its People admitted of such Punishments as the Adversaries of both at this day put in practice they would have let us understood it and not suffer the Law so many Ages to be Vagum incognitum But those Councels making no such Breach upon our Fundamental Laws Rights and Liberties and this our present Parliament by their Resolves confirming the same we may and must aver the contrary procedures Innovations so illegal and opressive But to conclude 3d Lex semper intendit quod convenit Rationi The Law says Cook alwayes intends that which is agreeable to Reason