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A57466 A blast blown out of the north and ecchoing up towards the south to meet the cry of their oppressed brethren being a relation of some of the sufferings and other exercises of several of the people of God, in scorn called Quakers, in and about Richmond, Massam, Coverdale, Wensleydale, and Swaledale, and some others of the adjacent parts and places in the North Riding of the county of York since the beginning of the year 1660. R. R. (Richard Robinson), b. 1628? 1680 (1680) Wing R1713; ESTC R6799 35,019 47

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particular that to the dissatisfaction of the good People in this part of the Nation among whom we live hath the Force of the said Act been put in Execution and the said Thornaby employed himself his Son and other his Agents and Emisaries as Informers to subvert and destroy the Estates of many And as a beginning to his Actions he the said Thornaby together with one Matthew Chawder of Reeth in Swaledale in the County and Riding aforesaid upon the 15th of the 3d moneth called May in the year 1670. he the said Thornaby having the same day been at Richmond Meeting did come to the House of one Elizabeth Cherry Widow in Swaledale aforesaid where finding to the number of Seven Persons besides those of the Family of the aforesaid People called Quakers met together to wait upon and worship the One True and Living God in Spirit and Truth according to his Will they the said Thornaby and Chawder the Informers went to the before-named James Metcalfe and swore to the number of Seventeen Persons by which it may easily be perceived what manner of Persons employ themselves as Informers which ought not neither heretofore have been thought worthy to go unpunished And as a further Evidence of their wilful and desperate Wickedness and Perjury at the same time swore That one Thomas Kipling was then at the said Meeting who the same Day and at or about the same Hour was at Newcastle upon Tine about Thirty Five Miles from the said Elizabeth Cherry's House as was after proved And further also swore at the same time That Richard Robinson of Healaugh Park in Swaledale aforesaid was then also there And when the said Thornaby came about ten dayes after to distrain the Goods and Chattels of the said Richard Robinson for a Fine of 5 s. by their said Oathes imposed upon him he confessed openly He had never seen the Face of him the said R. R. before and so in effect confessed himself Forsworn gave his own Oath the Lye as it well deserved for the said R. R. was not at the said House when the said Thornaby was there as was also proved Likewise they the said Thornaby and Chawder further swore at the same time against William Orton and John Key then both of Marrick for Preaching and Teaching in the said Assembly whereas upon an Appeal made by the said William Orton and John Key upon the Distress of their Goods and Chattels taken for the Fines of 20 l. apiece imposed upon them by reason of the said Oaths it was plainly proved there were no Words spoken by the said William Orton and John Key or either of them in way of Preaching or Teaching but what was spoken was spoken in way of Discourse between the said William Orton and John Key on the one part and the said Thornaby and his Agents on the other part Nevertheless the said James Metcalfe upon the Information and Oathes aforesaid without any other manner of Conviction and without calling or summoning the Parties accused to appear and answer personally before him according to Law did issue forth a Warrant whereby he gave power to the Constables Churchwardens so called and Overseers to distrain for the several Fines imposed by him on the said Seventeen Persons so reported by the aforesaid false Information to be at the said Elizabeth Cherry's House And lest he the said James Metcalfe should come short in Wickedness or otherwise that he might gratifie the Informers he directed his Warrant to the Constables Churchwardens and Overseers and more especially to the said Thornaby whom he terms a Gentleman and Chawder whom he calls a Yeoman giving unto them thereby also power to distrain as well as the other and also more SPECIAL Power inasmuch as the Warrant was more especially directed to them although that very Act by which they did pretend to proceed doth give the Power of Distress only and joyntly to the Constables Churchwardens and Overseers and to no other And the Appointment of One is the Exclusion of Another according to that Rule or Maxim in Law Designatio unius est exclusio alterius as when an Act of Parliament which is the Introduction of a Novel Law as this is giveth the Power and Interest to one certain person by that express Designation of one all others are excluded for 't is a further Ground in Law Expressum facit cessare tacitum That which is expressed makes that which is implyed to cease Read Hawkes his Grounds of the Laws fol. 448 and 466. Cooke's Comm. fol. 183. Ployd 106. Stradling's Case And also further by the said Warrant in the King's Name commands them to distrain the Goods and Chattels of the aforesaid Richard Robinson for a Fine of 5 s. imposed by him the said James Metcalfe upon the said Richard Robinson under pretence that the Wife of the said Richard was at the aforesaid Meeting against whom the said James Metcalfe had no Information neither did she stand Convicted before him And here all may see what manner of Man the said James Metcalfe was and whether fit to be in the Commission of Peace or no and what he would have done if not restrained by a more secret Hand For if the Law by which in this behalf he pretended to proceed were not strict enough to answer His Will and the Informers Ends he would as in this Case he did add to it to make it worse And whether these things be according to Justice and conducing to the Honour and Reputation of the King his Government and Parliament and to the Advancement of his Interest in these Nations let the Wife in Heart judge And whether they which act such things could or can be truly said to be the King's Friends and to Love and Honour him and seek the Conservation and Advancement of his Interest and Government who so grosly and in the Face of a wise People Abuse him who is said to be The Fountain of Justice and should Act no Vnjust Thing by sending forth such Warrants in his Name and acting such things under the Notion of his Authority as are quite contrary to Law and conducing very much to the Subversion of Justice Truth and Righteousness which things flourishing and abounding in any Kingdom causes Happiness and gives Satisfaction to the Good People thereof but being subverted and turned backward as in this Case many times brings Ruin But the afore-mentioned Proceedings False Oathes and Informations being in part laid before and presented to the view of some more Eminent Persons Members of the then Parliament who appeared Haters and Detestors of such Illegal and Unjust Proceedings and from whom better Returns of Justice was expected their Advice was To indict the said Thornaby and Chawder of Perjury which being accordingly done the said Chawder knowing himself guilty Fled but Thornaby being an Impudent Person appeared at the next General Quarter-Sessions of the Peace for the said Riding held at Richmond where the Grand Jury upon Evidence