Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	common_a	court_n	matter_n	4,363	5	5.8066	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52396	The Norffs president of persecution (unto banishment) against some of the innocent people call'd Quakers, for meeting in the name and fear of the Lord, or, A relation of the proceedings of the court at the quarter sessions holden at the castle in Norwich the 20 day of the 12. moneth call'd February, 1665 where Francis Cory, Recorder of the city of Norwich sat for judge with John Crafts, Dean of Norwich, with other justices of the peace (so called), upon Henry Kittle Jun., Edmund Rack, Richard Cockerel, and Robert Elden, call'd Quakers.	Kittle, Henry, defendant.; Rack, Edmund, d. 1682, defendant.	1666 (1666)	Wing N1229; ESTC R15877	12,032	15

head If that be a Crime Is Rob. Kedingtons hand to it Clerk Yes Pris Then they have done me the more wrong Judge to the Jury You see the whole matter of the Inditement is proved Judge to the Prisoners What can you say for your selves Prisoner to the Jurymen I stand here indited for a threefold Crime first as being twice Convicted for being at an unlawful Assembly at times mentioned in the Inditement and then after such Convictions being at a third unlawful Assembly mentioned in the Inditement Now I would desire you seriously to consider the business and first of the first the matter charged against me was upon the 31. of Jan. which is more then a year ago the evidence is the Record now one of the Witness have sworn possitively that he saw the Record sealed last Friday as he calls it now if I had committed an offence a year ago yet I was not Convicted in Law till last Friday look upon the Act Which Records so made shall be a Conviction in Law So as I could not in Law be guilty of a first offence till convicted and not convicted till the Records were sealed for the Records are the Conviction and no Conviction till sealed For the Words of the Act are to make a Record of such an offence under their hands and seals And I am not indited here for being at an unlawful Assembly but for being convicted for being at an unlawful Assembly Now Jurymen take notice that the matter charged in the Inditement differ from the proof more then a whole year A gross mistake is it possible that men should so grosly mistake as to charge us with an offence and fail in their proof more then a whole year so as I cannot possibly in Law be found guilty of this first offence by this evidence if you regard either Law Equity or Conscience Now as to the second offence I need not say much I cannot commit a second offence till I be convicted of a first which according to the evidence was not till Friday last Now we having been in Prison almost four Moneths how could I possibly commit a second or third offence when convicted but last Friday so call'd for a first consider it Jurymen The Words of the Statute being that if such Offender so convicted as aforesaid shall at any time again commit the like offence So as it is plain to every man that will but use a grain of understanding that we cannot be guilty of a second offence till convicted of a first Thus you see plainly Jurymen this first part of the Inditement dasht it is gone yea it is quite blown away in Law But now least you should stumble at the third upon which the Court seems to lay the greatest stress because there is Witness Viva voce which seems to testifie something I shall speak something as to that and to this end I desire you to consider the Act and first of the Title An Act to prevent Seditious Conventicles Here you see the Act is not to prevent all Meetings but Seditious Meetings now what Sedition is I leave it to the Court to define to whom it doth belong There might be something spoken to the Preamble but I pass by that and come to the Act. Be it enacted that if any person being a Subject of this Realm shall be present at any Assembly Conventicle or Meeting c. Here you see Jurymen to whom the Act extends it is to every one indifinately as well one as another if they be Subjects of the Realm yea it reacheth from the Prince that siteth next to the Throne to the Beggar that seteth upon the Moulehill I speak this to take off that brainless opinion that have possessed the heads of Thousands that there is an Act made against the Sectaries or such like when as the Law reacheth to all alike if they do any thing that comes under it yea you your selves or the Court are as much concerned in the Act as we if you do any thing that comes under it Now it is to be considered what a man must or may do to bring him under the Act for this look upon the Statute Be it enacted c. that if any person c. shall be present at any Assembly c. under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgie c. Here Jurymen you may see the Fact that can be a Transgression of the Law which is to be present at a Meeting under a pretence of some Exercise in Religion in other manner then is allowed by the Liturgy c. Now Jury you see the Stress of the Matter lyeth here in the Exercise Here the Court stood up as in an uproare calling to the Jury to go forth As appearing loath the Prisoners Rational Plea should take place in them The Act is not against Meetings barely as Meetings for that would be a Rediculum Caput that men could not be together but they must be Transgressors for you your selves which pass upon us to day If you have an envious Neighbour or great Man that can but spie out six or a douzen of you together may come your selves upon trial for your Liberty If being together barely be a Transgression but it is plain by the Letter of the Law that it is the Exercise or pretence of Exercise that is the Transgression so as if there be no particular Exercise proved against us as here is not ye ought not to find us guilty for for it is a common Maxime among Law men that Generals in Law signifie nothing but it must be the particular matter As if a man were indited for Treason if the Witness come to prove Treason in general and cannot prove the particular matter be it words or otherwise what Jury could possible be so mad as to find this man guilty And so likewise of Fellony and shall not we have as much benefit as Traytors and Fellons and Murtherers The Court hindered the Prisoner from pleading furthe● by the ordering the Jury to go for●h Judge to the Jury You see the whole Matter of the Inditement is proved they have confest it upon Examination and I have askt them several times what business they have there and they will not answer the Law intends them guilty in asmuch as they were found together and will not give a reason wherefore they were met So they prest upon the Jury to go forth The Foreman of the Jury call'd for the Examination and looked upon it and return'd it to the Court again Pris Jurymen hear me I have a great deal more to offer what will you not hear me I have something to offer concerning the Examination was there ever such a Jury as will not hear me Hear the other Prisoners what they have to say in their defence they have not spoken yet The other Prisoners Hear us what will you go upon us and not hear us speak Pris Well if

guilty of this Inditement as it is laid down in matter and form Another Pris I am not guilty of the breach of any just Law A Justice to a Prisoner I believe you will not tell a lie will you Pris I did not come hither for that purpose Justice Did you not wilfully meet in opposition to this Law Pris I never met in opposition to the Law neither I believe did I do any thing justly to bring me within compass of the Law Then the Justice sat down and said no more to the Prisoner Pris I desire to have some words with John Crofts who was the Dean concerning the Liturgy what it allowes of Judge The Court cannot wait upon you Pris F. Cory didst thou not promise me that when I pleaded I should be heard hast thou so soon forgot thy promise is thy memory so shallow Judge Well well you are very saucy Dean I would willingly have some conference with you but privately * And why not publiquely Pris With all my heart Another Prisoner said we have been here almost 16. weeks and none of you would come at us and you could not choose but be sensible we were here Clerk You are to come upon your trial in the Afternoon therefore prepare for your trial The Court adjourn'd till two of the Clock About four of the Clock the Court sat and the Prisoners were call'd to the Bar and the Jury call'd to be sworn Pris Let the Jury come to the Bar that we may see them and they see us Clerk The Jury is well enough Pris But we cannot know them from the people neither can they well hear us they stand so throng'd among the people let us have the privilege that Thieves and Murtherers have to have the Jury come to the Bar that God and Man may hear and see their Judgment whether it be just and equal or not Judge You must not prescribe Rules to the Court. Clerk You are very bold (a) We may see Innocency is bold in this Age also The Jury was sworn and the Clerk began to read the Inditement Pris That is none of our (b) What Justice could be expected from such as will change an Inditement against Prisoners Inditement Clerk It is your Inditement Pris But it is not the same that we pleaded to in the Forenoon Judge How do you know that it is not the Inditement Pris I see it and know it 's not the same (c) By these reasons it will appear 1. the colour of the Parchment the 1st Inditement being a course Parchment with a flaw in the back and the Writing much obliterated the 2. Inditement was a clear Parchment and a fair hand writing without obliterations or rac●ings and longer by 2. or 3. fingers breadth in our apprehension 2ly the day of the Conviction was altered for the first Inditement ran the 28. of Feb. and the second was dated the 22. of February It 's not the same Parchment we are abused Jurymen take notice the Inditement is altered Judge It is your Inditement Pris Let it be proved was ever the like seen that we should have our Inditement altered after we have Pleaded Is this Law Judge Go one So the Clerk read the Inditement Clerk Do you desire to have the Records read Pris Yes by all meanes and proved Part of the Records were read and the Clerk said there is enough read to serve your turns and two Witnesses sworn Judge to the Witness Did you see the Records sealed Witness Yes Pris When The Witness silent But the Clerk answered the Court takes no (d) The Court takes no notice of that which makes for the benefit of the Prisoner what manner of Councel will they be then for the Prisoner for they will say sometime to Prisoners we are to be your Councel as we know they should according to Law if they could keep to the Law and inform the Prisoner what makes for his benefit notice of that the Records are sealed now Pris I desire the Court to ask the Witness when these Records were sealed Judge It is no matter if they were Sealed but yesterday Then one of the Witness replyed I saw Mr. Kendle seal them on Friday last The Prisoner prest it upon the other Witness to know when he saw them sealed but he would not speak at all to it (e) But Witness should testifie the whole truth Clerk to the Jury You see we have proved the two first Convictions Now to the Third Pris They are not proved yet The Witness call'd and sworn to prove the third Conviction Capt. Morris Shelton gave in evidence that he received a Letter from his Couzen Wright that there was an unlawful Assembly at Edm. Rack's of Kilverston And so he came according to his duty and found about 14. Persons in the House fitting together in a Malencholy posture but neither saw them do any thing nor heard them say any thing (f) O sad what a lamentable age we live in that a Judge should pass sentence upon men to be banisht for 7. years out of their Native Land for neither saying any thing nor doing any thing The other Witness said he was not within in the Room but looked in at the door and saw them sit there but neither heard them say any thing nor see them do any thing Judge Wherefore came you thither what was your intents Pris Ask the Witness c. Judge Can they tell your intent Pris Ask them try if they can't I may Another Witness sworn Tho. Wright one of the (g) Is this legal proceedings that one of the Justices that sat in the Court shold be a Witness against the Prisoners and does the Law intend this also for shame let not these proceedings be ●●●thered upon the Law of England Justices so call'd that sat in the Court and gave in a paper call'd our Examination which said we confest we * And what is that all the Evidence you have against them to banish them 7● years out of their Native Land for being met in the Name and fear of the Lord Is this become a crime in our English Nation O horrable it is too hear and it even grieves us to think these things should be related for shame let not these things be told in other Nations And let there be warnings taken by the Judges and Justices not to pe●sist any more in bringing the guilt of thus sadly oppressing the Innocent upon them and our English Nation f●r by such unjust proceedings will it be brought into more misery dishonour and a reproach among other Nations met in the name and fear of the Ld. Pris That is none of my Examination Judge The Justice have sworn it that 's enough Pris Then he have done me the more wrong for I never yielded to an Examination but alwayes sent them to the Witnesses And if any other said so it ought not to be put upon my

THE NORFFS PRESIDENT OF PERSECUTION VNTO BANISHMENT Against some of the Innocent People CALL'D QUAKERS FOR Meeting in the Name and fear of the Lord. OR A RELATION OF THE Proceedings of the Court at the Quarter Sessions holden at the Castle in Norwich the 20 day of the 12. Moneth call'd February 1665. where Francis Cory Recorder of the City of Norwich sat for Judge with John Crafts Dean of Norwich with other Justices of the peace so call'd upon Henry Kittle Jun. Edmund Rack Richard Cockerel and Robert Elden call'd Quakers Printed in the Year 1666. The Norffs President of Persecution c. FIrst the Prisoners presented a Letter to the Grand Inquest because they understood they were to pass upon them and not to hear them personally to make their defence to state the Innocency of their cause to them Which was as followeth Friends We who are Prisoners in the Castle who are reproachfully call'd Quakers understanding that you as the body of the County are to pass upon us either to be our Accusers or Excusers and that our Cause must pass through your hands without hearing of us personally to make our defence We desire to lay these few Considerations before you First That the Sessions lately past were sufficiently known and that our Prosecutors were here and if they had any thing justly to have charg'd upon us they ought to have proceeded then Secondly That we being Prisoners at Common Law or a penal Statute ought if any thing had been charged upon us to have been tried forthwith at the next general Sessions and Goal delivery and that by the ordinary Jury that served upon other Prisoners and not to have a particular Sessions and Jury picked on purpose for us but if nothing had been charged upon us we ought to have enjoyed the benefit of the Goal delivery Thirdly We have cause to believe that our Prosecutors have misinformed the Court thereby to procure an Adjournment that so either they might bring some new evidence or procure some other to joyne with them that so their evidence might appear more specious Fourthly We desire you to take notice that the Records for the first and second Convictions so call'd were not made in Parchment and so no Records in Law And those Writings that were made were not made under Seal as we remember and so no evidence or conviction in Law And if any other then such shall be presented to you we desire you to require proof of them Fifthly At the second Conviction so call'd we conceive there were not a sufficient number of persons to bring us under the Act although an exercise in Religion had been proved against us in other manner then is allowed by the Liturgy or practice of the Church of England Sixthly We desire you to consider the third Provizo in the Act which saith that no persons shall be punished for any offence against this Act unless such offenders be prosecuted for the same within three Moneths after the offence committed And there being above three Moneths passed since we were charged and committed as offenders whether we be not to be discharged by the said Provizo in the Act For it doth not say you shall be prosecuting such offenders within three Moneths but that such offenders shall be prosecuted within three Moneths or else not to be punished for any offence against this Act. Seventhly We desire you carefully to examine such Witnesses as shall be brought in against us to prove what Religious Worship they see us in the exercise of and whether it were contrary to what the Liturgy of the Church of England doth allow of For the Law is not against meeting to worship God according to the Liturgy which saith See Communion upon the Feast of Trinity so call'd It is very meet right and our bounden duty that we should at all times and in all places perform duty to God But against such as under pretence to meet to worship contrive Insurrections as late experience had shewed Which can never be proved against us These things we desire to lay before you not with any desire or intent to divert you from justice and equity but that you may in some measure understand the innocency of our Cause and where the Law provide for our Acquital you might not be our accusers but that justice and equity may run in its right chanel and judgment and loving kindness and Righteousness may be exercised by you in which the Lord doth delight and so the Blessing of the Lord may be upon you Which is the desire of us who seek the good of all Men Edmund Rack Richard Cockerele Henry Kittle Junior Robert Elden A Relation of the Proceedings of the Court c. THe Court being set the Prisoners were call'd to the Bar. The Clerk read the Inditement the substance of which was for being at an unlawful Meeting under colour and pretence of exercise in Religion contrary to the Liturgy of the Church of England with force and aimes contrary to the peace of our Soveraign Lord the King his Crown and Dignity and against the Statute in that case made and provided Clerk What say you Guilty or not Guilty Prisoner I desire to be heard a few words Judge You must first plead Pris I desire to be heard I stand here as a Prisoner and not barely as a Prisoner but as a free born Englishman and conceive I have right to all the Privileges of the Law of England which have a tender care of the life of Man and also their liberty Now I conceive we have had very hard measure that we have been Prisoners almost four Moneths and the Sessions past over and we not call'd I desire to know what was the reason that the Sessions past over and we not call'd as well as other Prisoners Judge You must plead Pris I desire to know a piece of a Reason why we might not enjoy the benefit of the Goal delivery as other Prisoners did Clerk The Court is not bound to give you a Reason Judge You must plead the Question is but short Guilty or not Guilty Pris I desire to know why we were not tryed the last Sessions Judge It is the same Sessions will you plead Pris But I desire some information about the Inditement that I may know what I am to plead to What do you mean by the Liturgy of the Church of England for I understand I am indited for an exercise not allowed by the Liturgy The Dean By the Liturgie is meant the Common Prayer Book with its Appurtenances Pris Doth not the Common Prayer allow of that which it layeth down as a duty And which it seems to pray for The Dean The Common Prayer doth not allow People to Worship God but by it Judge You know the Penalty will you plead or not Pris I desire to be heard for my Information Judge When you have pleaded you shall be heard Pris Well then I am content to plead I am not

Common-Prayer disallowes of all manner of Worshiping that is not by it self because not in its own express form for diversities of things where no prohibition is does not disallow one of another because they are divers in the manner and form of them Much might be said in this particular to shew the absurdity and ignorance of the Dean's Assertion but whiles we know the leadings of the Spirit of Truth and the Worship of God therein for which many of us at this day suffer We must not be tyed to their allowance in Worship who by their wayes and proceedings against the Innocent have as much as in them lies opposed limited and withstood the Spirit and Truth of God which will outlive all their enmity and cruelty against the Righteous Here followeth a Letter sent to the Judges of the Assizes holden at Thetford from the Prisoners aforesaid to spread before them the illegal Proceedings against them so that Ignorance of Injustice cannot be pleaded To the Judges of the Assizes These in humility present WEE whose Names are here under written who lay under a sentance of transportation finding our selves grieved by the proseedings of the Sessions holden at the Castle in Norwich which we think were not reasonable nor Legall And not knowing the Law how wee may be releived yet thinking the Law have not left us without relief in case there be error in judgment desire in humility to spread these our grievances before you who are judges of the Law and know the Law and are sent as wee think by the King as well to relieve his subjects that are oppressed as to minister judgment First That we were indicted in the first part of the inditement for being convicted upon the 30. or 31. of January so called in the sixteenth year of the King which was almost half a year before the Act came in force this wee think a mistake and error in Law But wee were forced to plead and could not make our exceptions to this and many other errours Secondly That wee pleaded to an inditement in the forenoone and in the afternoone had an other inditement brought forth against us to which wee had not pleaded and were forced upon Tryall by it although wee made our exceptions against it Thirdly That wee have great cause to suspect that the Jury or most part of them were not indifferent persons but men pickd on purpose Fourthly That the Jury was commanded from the Bar before wee had made our defence and we were hindred from our just though plain plea And some of us not suffered to speak at all in our defence Fifthly That the Records produced to prove the first and second convictions so cal'd were not made by the Justices of Peace but by the Clark of the Peace or some other by the procurement of Thomas Wright our prosecutour and sent to the Justices to seal but a week before the Sessions Sixthly That Thomas Wright was both our Accuser Witness against us and one of the Judges upon the Bench and also helpt the Clerk to translate the reading of our inditement which we think unreasonable if not Illegall Seventhly Wee believe the Act doth intend our relief by the third proviso in regard wee were not prosecuted within three moneths These things we desired to lay before you in short as part of our grievances but if the Law do allow us to come before you as we are desirous to doe if you please to grant an Habeas Corpus for that purpose wee hope to clear the matter more fully or if the Law doe allow us any relief we desire the Benefit of it but if not then we quietly yield our bodies to the execution of the sentence and return as prisoners of hope to the rock of our Salvation where the Lord hath planted us there to repose our selves until the Lord arise and plead our cause and bring forth our innocency in brightness and our Righteousness as the light that goeth forth Edm. Rack Henry Kittlesmior Robert Elden Richard Cockerel From Norwich Castle The 28th of the 12th moneth 1665. THE END