time fulfill thy promise to me what wilt thou go back from thy word on the Bench Let all take notice I am denyed Law and Custome at the bar if ye deny me this motion of Arrest of Judgement Then Alderman Brown spoke to him in these words This is all ye shall have and print it said he if ye will through the Land To which E. B. again replyed that he was no very great Printer yet he thought it his duty to publish these things to as many as he could that all the World may know the Proceedings in the mean time the Court cryed take him away away with them all Goaler and then they began to hale them all away into Prison again and as they passed away some of the Prisoners told the Court that the Lord would remember them in his day and render unto them according to their doings and the hand of the Lord was lifted up and would deliver his people from all their enemies c. Here follows divers exceptions for Arrest of Judgement which would have been brought in against the proceedings in E. Burroughs Case if they had allowed him time for to draw them up and to present them as sufficient reasons why Judgement ought not to have been passed against him but seeing arrest of judgement was denyed him and no time permitted him to present his Reasons therefore they are suitable on this occasion here to be asserted that all men may see he had Law Justice and Truth of his side though contrary to the same he was condemned EXCEP I. Concerning the manner of his Imprisonment and of the Proceedings 1 INasmuch as he was Apprehended and Imprisoned by force of armed men and so without due processe of the Law of the Land forced to a Tryal even contrary thereunto as may appear by the 29. Chap. of Magna Charta no free-man shall be taken or imprisoned or diseized of his free-hold or liberties or free customes or any other wayes destroyed but by the Law of the Land These words the law of the land are explained by the statute of 37. E. 3. Chap. 8. where the words by the Law of the Land are rendred without due processe of Law Also see the Statutes of 28. E. 3. Chap. 3. 42. E. 3. Chap. 3. No man is to be taken or Imprisoned or be put to answer or brought upon tryall without presentment before Justice or matter of Record or by due processe or Writ original according to the old Law of the Land And if any thing henceforth be done to the contrary it shall be void in Law and holden for errour By all which it plainly appears that the manner of his person being seized and Imprisoned was contrary to Magna Charta and the antient good Law of the Land And his being indicted and arreigned and put to answer and caused to plead were all contrary to the Law of the Land and on a wrong foundation as well appears And seeing it is so then good ground and reason had he and fully backed with divers Statutes to move the Court in Arrest of Judgement and that Judgement should not have been passed at all upon him for it was impossible the Judgement could be just and true and according to Law when the proceedings in order to Judgement from first to last were directly contrary to the Law and the words of the Law themselves shall judge the Case seeing what hath been done from first to last in his Case is contrary to both meaning and intent and letter of Law as by the form of divers Statutes is visibly apparent The Judgement given upon him is void in Law and holden for errour by the Law and this is true Judgement Also in a Book called the Mirror of Justice fol. 138. it is rendred a sufficient exception not to be brought to Judgement by a right course in these words the Defendant may say in exception of Bill or Indictment against him That he is not bound to answer hereunto forasmuch as he is not brought to Judgement by a right course which is the very case now in hand this Prisoner was not brought to Tryal by a right course in due Processe of Law but contrary thereunto and that was matter of exception in Law against the passing of Judgement To this adde the very words of the Kings late Proclamation of the 17. of the eleventh Month 1660. The King Commandeth That no Officers nor Souldiers do presume to apprehend or secure any person or persons nor to search any houses without a lawful warrant under the hand and seal of one or more of the Lords of the Privy Counsel or Justices of the Peace in their respective Liberties and we will that the said warrants be directed to some Constable or other known legal Officer and we do declare that all those who shall hereafter be so hardy as to offend against this Our Proclamation shall not onely not receive countenance from us therein but shall be left to be proceeded against according to Our Laws and incur Our high displeasure as persons doing their utmost to bring scandal and contempt upon our Government c. By all which it is apparent the manner of E. B. his apprehending and imprisoning was contrary to both ancient Law of the Land and late Proclamation of the King and inasmuch as the Foundation to wit his imprisonment of his Tryal and so of the Judgement was so false and illegal and directly contrary to the mind of the King and the form of Law how was it possible the Judgement should be just that was laid on such a foundation of proceedings so illegal and this was E. B. his case the manner of his taking and imprisonment in order to Tryal and Judgement was illegal and the Judgement passed upon him in such order and proceedings must therefore needs be illegal also and he ought to have had an arrest of Judgement not onely for a time but for ever EXCP II. Concerning the incompetency of the Witnesses 2. INasmuch as the witnesses against him whose evidence was the immediate cause of the Virdict and so of the Judgement were the very persons that had thus violated the Law of the Land and had themselves apprehended him seized upon him and imprisoned him contrary to the Law as in the first Exception is shewed and because thereof were lyable to an action at Law which might be brought against them for such their seizing upon him and violence done to him Therefore it must needs appear to be in just unreasonable and contrary to the equity of the Common Law which is said to be by the Ancients the Law written in the heart That the very Persons who had so violated the Law even Magna Charta it self in such seizing upon him should be the witnesses too against him and their evidence taken as the onely evidence in his tryal upon which virdict and so Judgement was procured upon him for inasmuch as what evidence was given against him by the
against Judgment and evident Reasons from both Common Law and Statute Law why Judgment should not be passed against him in this Case 1. From the manner of his being taken and imprisoned and prosecuted to Trial without due processe of Law which is held for error and against Justice by the Law 2. From the incompetency of the Witnesses who were parties concerned in the Case and what they testified to the prejudice of the Prisoner was to their own advantage 3. From the proceedings of the Court in time of Tryal who suffered not the Prisoner to speak in full in his own defence 4. From the Law it self by which he was Tryed and Judged which Law is proved to be contrary to the Law of God and therefore the Judgement of that Law ought to have been arrested And now last of all in brief Judgement ought not to have passed against him 5. Because in common Reason and Equity Justice cannot condemn a man to any personal suffering for the exercise of his Conscience to God-wards in the practise of being Assembled together onely in and for the Worship of the Living God according to the very perswasions of the Spirit of God in the heart and to the example of Scriptures and Primitive Christians which practice of meeting together was not in its self nor in its effects any way disadvantagious or prejudicial to any person upon earth I say Common Reason and Equity amongst men cannot with any Face of Justice Condemn any person to any suffering in such a Case inasmuch as such supposed offence for so meeting together is not any offence against any man but against God onely if it be really an offence and that because of ignorance or error in Judgment and Conscience which is onely punishable by the Judgements of God as pertaining to his Conscience for such offence against him and not to be punished by Temporal Ruleâ—s with Temporal punishments because t is a spiritual transgression and the Spiritual Law of God hath jurisdicton over the offender in such a Case and not Temporal Courts This is proveable by the Laws of this Land as it was ordained in the dayes of Hen 8. by Act of Parliament when the people were nominally divided into two Bodies named Spirituality and Temporality and two Jurisdictions appointed over the people respecting the nature and kind of the offences committed every offence Temporal against man in wrong dealing between man and man the cognizance of this was pertaining to the Temporal Courts and Judges to Hear Judge and Determine and every offence respecting the Church in point of Faith Doctrine and Worship was pertaining to the Spiritual Courts to be heard and Judged by their Spiritual Officers and Judges thus it was in times past in our Nation as Judged by the Rulers in antient dayes reasonable and just thus to do and here fell out a like case a Person taken and accused and brought to Tryal as an Offender for and because of being at a Meeting in the Worship of God which is of Spiritual concernment a matter of Spiritual Worship and Exercise of Conscience relating onely to the spirituality in hearing and determination Yet was this persons Case though of Spiritual Cognizance and Jurisdiction and not properly pertaining to Temporality by the very antient Laws of the Land brought to Tryal and judged in Temporal Jurisdiction and by Temporal Judges which had no power properly to meddle of such a Case and how could that Judgement be just brought forth by Temporal Judges in a Spiritual Case a Case the Judgement of which properly pertained to another Jurisdiction a Judgement passed by such persons in a Case of Conscience out of whose Cognizance and Jurisdiction the Case properly was A Temporal Judgement given in a Spiritual Case And this was the very Case of E. B. wherefore he had all just Ground and Reason to move for Arrest of Judgement and in Justice Judgment ought to have been suspended in that Court and either wholly averted or else he and his Cause transmitted into another Court where Court and Judges had been capable of Hearing and Determining a Spiritual Case for this is Common Reason amongst men that every reputed Offender have Law and Judges according to the nature of his offence and not contrary thereunto an offence in Matters and Cases Spiritual cannot justly be Tryed and Judged in Courts Temporal and by men onely Carnal These exceptions were before me in my view to have contracted and so presented them to the Court but not being permitted time for an hour I was not then capable to present them formally nor to produce the Statutes and Authors to Authorize my exception to the Court but since that time I have drawn them up and do here offer them to the view of the World E. B. Here follows the Tryal of Esther Biddle and three women more FIrst They being called by names and brought before the Bench where the Clerk read the Indictment and said they disturbed the King's Peace and the Peace of the Nation Esther Biddle said She had not broken the King's Peace nor the Peace of the Nation that is good Then the Judge asked Whether she was guilty or not guilty she asked him what evil she had done then he said take her away Then she was taken out of the Court and she desired the Keeper to let her stand still He asked her if she would plead she bid him let her go in again and she should say what was in her heart Then the Judge called for her to come up to the Bar and the Power of the Lord rose in her heart as a fire and an Hammer and she said Fear the Lord who is Judge of all Judges and will give you your Reward according to your works We are brought hither for Justice and you are set under God to do justice and it is Justice we require The Judge said They should have Justice and said Woman Your Counsel is good He asked if she would plead guilty or not guilty she said In the dreadful day of the Lord which is at hand you shall know who are guilty and not guilty you or we of all the Innocent Blood that hath been shed The Judge told her she was to plead she told him If he would shew her what evil she had done she would answer to it He said she was taken in a Riotous Meeting and an unlawful Assembly contrary to the Laws of the Nation She asked him what Religion was used in Olivers dayes and in years past and whether our Meetings were contrary to the Laws of the Nation then and he said no our Meetings were tollerated and indeed said he all things were common She asked him If our Consciences were to change as the Laws and Governments of the Nation changed He said We must be obedient to the standing Laws of the Land He said she must plead She asked for her accusers Then stood up one whose name was Lovel a Vintner the Judge asked
process of the Law of the Land c. Hereupon Alderman Brown stood up and said He would justifie their taking of him and some say he was heard to say on the Bench he sent them to the Meeting to take him and it was lawful enough c. And Alderman Adams said that seeing Sir Richard Brown had sent him to Prison and sent his men to take him it was Lawful for Sir Richard Brown was a Justice of the Peace To which the Prisoner replyed That though Alderman Brown was a Justice of the Peace yet in the capacitie of Major General of the City Regiments he sent his Officers and Souldiers to take Friends at their Meetings and not in the place as he was a Civil Magistrate for then he might and should have sent his Constables or such Persons by Warrant under his hand and not rude Souldiers in such a war like posture and therefore his being apprehended by these persons that had witnessed against him in the capacity of Souldiers still made it appear they were not competent witnesses in this Case against him for they were a party and violaters of the Law themselves c. Here again the Court interrupted him and the Judge told him That their evidence was good enough and that if they had wronged him he had his liberty of the Law against them and might do what he would in that case but their evidence the Jury might take To which was replyed again by the Prisoner that if their evidence was taken and he thereupon brought in guilty and so condemned and upon that cast into close Prison there remaining how should he be capable to help himself in any prosecution of the said men if he had a purpose thereunto and also the Judgement of the Court against him upon their evidence would justifie them in what violence they had done against him and therefore now only was the time for him to except against the insufficiency of the men and their evidence or else never And therefore he desired the Court and Jury to consider the matter well ere they determined it and also affirmed that he had Law and Reason and Truth of his side and if they brought him in guilty it was not justly done Here again the Judge interupted and said He was not to be suffered to prate in that manner at the Bar and cryed take him away we will not hear him and he would delude all the People and he should not over-rule the Court c. And hereupon he was taken by force from the Bar and then he cryed out he should appeal to the Mayor of London for fair dealing in his Tryal and will not the Court hear will they not hear me in defence of Truth whereupon the Mayor stood up and called to E. Burroughs and desired him to speak moderately and not offend the Court To which he made answer he was never yet reputed an immoderate person and he spoke as moderately as his Cause would permit and desired not to offend any now the reason of the Court being offended was at the manner of the Prisoners discourse which was with a force over them undauntedly and confidently and so boldly as if he had not been in the capacity of a Prisoner at a Bar and sometime acting with his hands stretched out and his arms abroad appealing to the whole people to justifie the truth of what he spoke and t is supposed that for such cause the Judge and Court took offence at him for they said often he was peremptory and such like But after a little stop the Prisoner began to speak to the matter again still urging the Court and Jury that the Witnesses were altogether insufficient persons and told them he would once more lay it before them and then leave it to their considerations Then the Judge interrupted and said on this wise telling the Prisoner that he had nothing to say but to these two things First Whether he could prove by Witnesses upon Oath that he was at any other place that day and time mentioned in the Indictment if he could do this his Witnesses should be heard Or secondly If he was at that Meeting then to shew some lawful Warrant by the Authority of the Land for his so being if he could do either of these it would be heard and might avail him else he had nothing to say and the Court would hear no other matter To which E. Burroughs replyed He should now cease his Plea of the insufficiency of the Witnesses and leave what he had said to the Jury and commit it to their Consciences and also should now proceed to the Matter contained in the Indictment for he had not yet spoken to that and he had much to say to shew the falcity of almost every line in it and he had a Copy of it there in his hand for that purpose to plead to it And first of all he should move this to the Jury as to state the point directly to them whereupon the issue of the Case lyeth as thus The Case to be sought into and determined by the Jury is not saith he whether I was at a Meeting at all but whether I was at such a Meeting for which I now stand indicted that is to say Such a Tumultuous Riotous Meeting by force of Arms c. This is the point determinable for said he I confess in my judgement I own this Practise of Meeting together for the Worship of God and I my self have been at hundreds of such Meetings To which Richard Brown quickly replyed So shall you never be at any more but said the Prisoner I never was in all my dayes at any such Meeting as is mentioned in the Indictment and for which I am now upon my Tryal and therefore said he I desire that the Jury would observe this very thing and in Conscience upon their Oaths Judge upon this point whether they find not whether I was at a Meeting but whether I was at such a Meeting for which I now stand upon my Tryal specified in my Indictment and this I shall leave with the Jury said the Prisoner To which the Judge replyed That he had said lately he knew not the Points of the Law but now he had found out a strange Point but it should do him no good for the issue lay not there but if he was at a Meeting it was sufficient and Richard Brown also said the same and therefore said the Judge If ye have any thing as to the two particulars I have mentioned ye shall be heard but nothing else will we hear After a little stop E. Burroughs spoke again to the Court and told them That this common Law which they had said was not written but lay in the Breasts of the Judges this was said both then and the Sessions before he was not well knowing in neither the extent of it nor the penalties of it but the Parliament had lately made a Law in particular on purpose against
said persons was to their own advantage and to justifie themselves in their illegal dealing and what they spoke to the prisoners disadvantage was to their own profit which proves sufficiently that they were not Competent witnesses against the prisoner nor in Justice and Equity could their witnesse be received against him being the party themselves against him and fully concerned in the case either to get the Prisoner condemned by their Testimony against him that themselves might be justified in the wrong they had done him or else to be left liable to the justice of the Law for their violating of it and it must needs be against the very reason of the Common Law of the Land upon which this Tryal was That parties in unlawful acts of violence against a Person should be permitted to be witnesses in the Prosecution and Tryal against the same Person this was the very case of E. Burroughs wherefore his ground was good to move in arrest of Judgement and backed with the reason and equity of the Common Law for it is also said in the Book called the Mirror of Justice a piece approved by the Lawyers of England fol. 251. It is an abuse or unlawful to suffer a man that is a companion to be a witnesse This truly considered the witnesses against him were incompetent and insufficient also besides the malice and enmity of the men against the person of the prisoner which out of envy or mixed therewith at least t is possible they might give such their evidence and the Law allows not such mens evidence in Judgement and that these persons were such men as sought the ill fare of the prisoner nothing lesse doth appear in their transactions from first to last of this businesse and the Judgement given upon such mens Testimony the case throughly considered could not be just Judgement therefore of right he ought to have had arrest of Judgement EXCEP III. Concerning the proceedings of Court in time of Tryal 3. INasmuch as the proceedings in Court against him were disorderly and not duly in the moderate method of Law prosecution in this particular of his being debarred and not permitted to speak to the utmost what he had to say in his own defence of his Cause which right was manifestly denied him by the command of the Court and action of the Goalers who did violently hale him from the Bar and would not hear him nor suffer him to speak his mind to the utmost nor to read the Kings Proclamation of the 17. of the 11th Month 1660. which was pertinent to defend his cause in divers particulars and he ought to have been heard to the utmost before the passing of Judgement according to 28 Edw. 3. chap. 3. in these words No man is to be imprisoned disherited or put to death without being heard what he can say for himself which was not granted to the Prisoner for he was haled away before he had spoken to the particular parts of the Indictment which he profered to do and that he would alleage both Law and Reason against it but was not suffered wherefore he had Cause enough grounded upon Law and Reason both upon Common and Statute Law to move in arrest of Judgement for in common Equity obvious to every mans view no man can in Justice be sentenced without a full hearing which was this Prisoners case nor can the Judgment be just upon any person who is not heard to the utmost in his own Defence and therefore an arrest of judgment should have been allowed him EXCEP IIII. Concerning the Law it self against which it was said the offence was committed and by which he was tryed and sentenced 4 INasmuch as the offence was only for being at a Meeting and a Meeting onely in the worship of God and nothing said or acted at that Meeting but what was good and just and all this both meeting together and such practise in the Meeting according to the Law of God and the Holy Scriptures and example of Saints in former ages therefore Judgement ought not to have passed against him but might lawfully be Arrested and that more especially because t is a general assent by all Christian men and used as a maxime among Lawyers that no Law of God can be dispensed withall and it is said in the Common Law as appears by Doctor and Studient Cha. 2. Speaking of the Law written in the heart of every man Teaching him what is to be done and what is to be fled and because it is written in the heart therefore it may not be put away nor is it changable by diversity of place or time and therefore against this Law Prescription Statute nor Custome may prevail and if any be brought in against it they be not prescriptions statutes nor customes but things void and against Justice and all Lawes of men ought to be grounded thereupon and Cha. 4. every mans Law must be consonant to the Law of God and therefore the Laws of Princes the Commandements of Prelates the Statutes of Commonalities are not righteous nor obligatory but as they are consonant to the Law of God Also by Statute Law the same is apparent 28. Hen. 8. 7. Where it is expresly said that no man of what Estate Degree or Condition soever he be hath power to dispence with Gods Laws as all the Clergie of this Realm and the most part of the Vniversities of Christendome and we also do affirm and think These things truly considered it may appear Judgement ought not to have passed against the Prisoner in as much as the pretended Law it self according to which this Tryal and Judgement was given is contrary to the Law of God and Condemning such Principle and Practise which are Justified by the Law of God Holy Scriptures and Example of Saints in former Ages as may at large be proved by the Scriptures of Truth in the Acts of the Apostles and elsewhere and the keeping the Law of God and the practises of Christianity according thereunto by any person cannot justly be Condemned by any Law of man and this was the very case of E. B. he was Apprehended Tryed and Sentenced for meeting together with Gods People onely to wait upon and to Worship him which is according to both the Law of God in the Letter and to that written in the Heart and against such practise So according to the Law of God Prescription Statute nor Custome ought not to have prevailed even the Laws of Princes and Commandments of Prelates in such a case are void and against Justice for no man whatsoever can dispence with the Laws of God as hath been shewed wherefore the Prisoner was excusable and justifiable from all Laws of men whatsoever and ought not to have been Condemned into any Penalty or Imprisonment by that Law which is contrary to the Law of God not for his Worships sake nor for Meeting together to wait upon him in his fear Thus it is plain he had just Ground of Exceptions
on to the proceedings of the Court the next day which was as follows In the Morning early all the said Prisoners that had been Tried the day before were had down to the Court and also Four Women that had been taken at the Bull and Mouth about a Week before who were the first Called and their Indictments read for being at an unlawful and tumultuous Meeting c. as they say and it was demanded of them Guilty or not Guilty to which the Prisoners pleaded after some few words betwixt them and the Court Not Guilty then they were set by Next was Called E. Burroughs and set to the Bar and so after him every man by Name was called and set to the Bar that had been tried the day before and the Clerk of the Court read a Paper which pronounced every man Fined so much some more and some lesse as the pleasure of the Court was when they had read all over each man fined so much and to lye in Prison till payment E. Burroughs spoke to the Court and told them He had not heard his Sentence the Clerk told him over again he was fined one hundred Marks and must lye in Prison till payment To which he Replied again he looked upon this way of passing Sentance not to be just nor yet according to their own Custome for he expected they would have asked him according to their usual manner in that case what he had to say for himself why Judgment should not passe for he had much to say on that kind and bad the Court remember that yesterday he moved them and Orlando Bridgman one of the chief Judges of the Land in arrest of Judgment and did now again move the same and that Judgment might be staid for a time till the next Sessions or if they would not give him time till then then but till the afternoon he desired to arrest Judgment and in that time he would produce divers Statutes contrary to the Form of which these proceedings towards him were He said he was no Lawyer and therefore could not now nominate to them the particular Chapters of the Statutes which he desired to insist upon and therefore desired time till the next Sessions or but till the afternoon Alderman Brown made answer and told him he should have time but the Recorders Deputy Judge of the Court told the Prisoner he could not have longer time they could not admit it To which E. B. replied If they would not give him time in arrest of Judgment then they denied him both Law and Equity for themselves knew it was very usual in many Cases for Persons after Verdict given in to have time allowed them in arrest of Judgment and particularly himself had once at a certain place a false Verdict brought in against him and he did move the Court at that time in arrest of Judgment and it was allowed him by Sergeant Hatten who was then Judge of that Court and he hoped he might have the same now To which the Judge Replied He knew Sergeant Hatten well but his practise was no example to them for do you think said the Judge to the Prisoner that we can give you time for you to take the Indictment and Consult with Lawyers and seek this occasion and the other against it this we will not do said he but if ye have any matter or point of Law now to move we will hear you but we shall give you no longer time To which E. B. again Replied Then he should say it was a surprizal of Judgment and very hard to be so dealt withal not to have time till the afternoon that he might give in his Exceptions against the false Verdict brought in against him and what if he had a mind to Consult with any Lawyers in the Case that knew the particular points of Law better then himself why should he not do this his Fact was not so Criminal nor of so large extent but that the Law would allow him Counsel if he had a mind to use it for if he were Attainted of Treason which his present Case was not comparable too yet in some cases of Treason he thought the Law would allow Counsel and therefore he knew not why such exceptions should be made against him as if he could not be admitted Counsel in his Case if he had a mind to use it Hereabouts the Judge interposed and told him He should not be suffered to over-rule the Court and said he Ye think to over-rule the Court to day again And do not ye see how he flourishes I tell you said he ye must not have time longer but if ye have any matter now to except upon we will hear you or tell us what point ye would insist upon if time were given you To which E. B. Replyed It was but yesterday since he was Tryed since which time he had scarce opportunity throughly to consider and state the Matter for he was with many more of his Friends thrust up into such holes and so thronged together that he believed they would hardly suffer their dogs to lie as they were forced to lodge and therefore he desired a little more and better time to look over the Statute of Magna Charta and other Statutes which he should peruse in the Case and for one thing first of all he should insist upon the Matter and manner of his being Illegally Apprehended and by force and not by due process at Law brought to his Tryal which by the Laws of the Land ought not to be and this is clear from Magna Charta said he which saith No man shall be Imprisoned nor deseized of his free-hold but by the Law of the Land and if any be apprehended and brought to Tryal and not by due process at Law it shall he holden for nothing The Judge made Answer he was mistaken this was not said in Magna Charta though the first part of the words are but the second part of them for substance is in a Statute of Edw. 3. Further the Judge said They could not hear him any longer and they would not give time and he should not be suffered to prate there and seeing said the Judge you are so peremptory and stubborn the Court takes notice of you and thinks good to add upon you this Sentence further Ye are also if ye do pay your hundred Marks to find sufficient sureties for the good behaviour before ye are released and take him away Goaler Then E. B. spoke aloud to the Court and appealed to the Mayor of London by Name and to Alderman Adams and Alderman Brown by names is this fair dealing said he to deny me Law and Equity at the bar and I appeal to you to do me right and to let me have time before Judgement be passed that I may shew you my Reasons grounded upon the Laws of the land against the verdict given in against me and said he Alderman Brown thou hast promised me I shall have longer
Friends in the County of Middlesex THere were taken out of several peaceable Meetings while they were humbly waiting upon the Lord in his Fear and Worship above fifty of our Friends in that County and at divers times committed into the New Prison all of them saving a few persons by the Lievtenant of the Tower being taken by Souldiers and violently seized upon in such their peaceable Meetings and not according to Law and brought before Lieutenant Robinson who sent them all to New Prison without much examination of them and there they were kept Prisoners many of them three Moneths and never brought to Tryal onely about thirty of them a fortnight after their Commitment were had to the Tower and the Oath of Allegiance was proferred them by the Lievtenant in these words Will you take the Oath will you take it will you take it And for refusal they were sent back to prison again though he was so hasty in asking them about that divers of them had not time to speak to him nor to treat with him in sober discourse about the lawfulness of the same which some of them desired to have done but little was said But will you take it will you take it And they were all continued Prisoners till about the twentieth day of the sixth moneth at which time there was a Sessions at Hickeses Hall for that County to which place divers of the said Prisoners were brought first of all sixteen persons who were there Indicted at common Law for being at an unlawful Meeting c. according to the forme as before is shewed and they were asked Guilty or not guilty to which most of them pleaded not guilty and were returned back to prison again supposing that same Sessions they should have been Tryed Next after them were seven more Persons called into the Court and Indicted also and demanded to plead Guilty or not guilty but they refused to plead in their Form of Tearms though they all said they were Innocent and Clear from such a Meeting as was mentioned in their Indictment and in substance and effect pleaded not guilty though not in the very form of the Courts proceedings but they were condemned as Mute and the Indictment taken pro Confesso and they presently sentenced them so much fine a piece and sent them Prisoners to New-gate there to remain till payment About this time there was a Sessions kept at the Old Baley to which place it was verily expected many of the Prisoners in New-gate would have been brought for their Tryal for there was about 140. of the said People now Prisoners in that place besides the fifty in New Prison before mentioned and though divers of them had been led out of the Prison to Old Baley seven times already yet was never Tryed nor any thing charged upon them to this time Yet not any of the said Prisoners were called this Sessions the occasion thereof was this There being at this time near 200. of our Friends besides many of the Baptized People in the Goals for London and Middlesex most of whom were all taken by Souldiers and force of Arms violently out of their Meetings where they were waiting upon the Lord in his Fear according to the practice of the Primitive Christians and example of Scriptures and being so apprehended were all of them committed at divers times into the said Goals and some were tryed others not some fined others not and in several Capacities of Prisoners they were yet all continued strictly in Prison to their great danger and inconveniences by reason of so strait Imprisonment as ye have heard And the King knowing of these things and that many were now in Prison and t is hoped he took into good consideration the sad estate of his Subjects he was pleased to send His Letter thus directed To the Mayor of London and other his Commissioners and Justices for the Goal delivery of Oyer and Terminâ—â— and of the peace in the City of London and County of Middlesex which was read in the open Sessions at Old Baley the twenty second day of the sixth month signifying the Kings pleasure for the release of the people called Quakers and others of the separation upon that occasion of the Queens first coming to the Kings Palace at the City oâ— Westminster his pleasure was that all such persons should be discharged then in the Goals for London and Middlesex except Ringleaders and Preachers and such as were indicted for refussing the Oath of Allegiance c. According to which Letter most of the said Prisoners were discharged except some few excepted who yet remains Onely the Goalers which is a common property pertains to the men of that calling greedy of Gain and Money would not set at liberty the prisoners without paying Fees but kept them about six dayes after and then let them go without Fees which for Conscience sake they could not pay for these Reasons 1. Because Fees in themselves are an imposed oppression and exaction upon Prisoners and we are bound in Conscience to bear witness against such imposition by denying to pay Fees which is an evidence against it and we cannot uphold such Oppression and Exaction but do witnesse against it by denying to pay any Fees for ceasing to uphold any oppression by denying it is the greatest witness against it and so is it in this case and seeing it is an oppression even this very matter of Fees we rather chuse to suffer then to uphold it and maintain it by paying any and this is one Reason why we deny to pay Fees 2. Because we are Innocent and not imprisoned for any evil doing or breach of any just Law therefore we may not pay Fees and thereby render our selves to the suspition of guilt when we are guiltlesse for paying the impositions of Fees to Clerks and Goalers doth partly render mens clearness and innocency to the evil surmise of evil minds as if they were guilty and because we are clear and innocent both before God and men in this case of being sent to Prison for Meeting together for the Worship of God we may not pay any imposed Fees for if any Fees be due they are due from Transgressors as an Imposition deservedly upon them for their offence and not from the Innocent who are wrongfully imprisoned and of right ought not to be imposed upon by any much less by the Goalers who are but inferiour servants 3. Because there is no Law of the Land commanding and injoyning us to pay such exacting Fees as is usually demanded of us but onely a traditional custom got up in the Land and by custom of time long continued now t is claimed as due and debt from Prisoners wch is not due by any Law of the Land but Imposed and Exacted by long custom without Just Law and therefore we do refuse to pay such Imposition which is come in by evil custom and not by good Law which we are bound to Witness against by the denyal of