sat Judge at Law of the Court as Deputy Recorder And E. Burroughs was presently called by Name to the Bar with about eight persons more of them called Anabaptists and being set at the Bar the Jury men were called and Sworn the same who had served the day before and at the second person laying his hand upon the Book E. B. moved the Court in these words Desiring to know what priviledge the Law of the Land allowed the Prisoners in making exceptions against the Jury men this he desired to know of the Bench he said because he did not know the particular points of the Law in that case To which the Deputy Recorder answered they might make exceptions if they had good reasons for it but the Persons being strangers to all the Prisoners they made no exceptions having no knowledge of the men and so could not well except against any of them The Jury been sworn the several Indictments were read in the Court E. Burroughs the first of all according as the Prisoners stood Indicted at the Sessions about five weeks before a Relation of which Proceedings with the Indictment Verbatim ye have in our Second part of the Cry of the Innocent for Justice lately published though for our more orderly manifesting the Truth to the perfect knowledge of all men t is necessary that we insert again in this place the said Indictment which is as followeth viz. LONDON ss THE Jurors for our Lord the King 〈…〉 sent upon their oath that Edward Burroughs late of London together with divers other persons to the said Jurors unknown to the number of a hundred persons the first day of June in the fourteenth year of the Reign of our Lord King Charles the second of England Scotland and Ireland Defender of the Faith c. With Force and Arms c. in London c. To wit in the Parish of Saint Ann and Agnes in the Ward of Aldersgate London aforesaid Vnder pretence of performing Religious Worship otherwise then by the Laws of this Kingdom of England in this Kingdom is established Vnlawfully and Tumultuously did Gather and Assemble themselves together to the great Terrour of his Majesties People and to the disturbance of the Peace of our now Lord the King in contempt of our said Lord the King and his Laws to the evil Example of all others in the like Case offending and against the Peace of our Lord the King his Crown and Dignity c. This being read by the Clerk he proceeded to give the Jury their Charge on this wise That whereas the Prisoner at the Bar stood Indicted for an Vnlawful and Tumultuous Meeting under pretence of Worship contrary to the Law of the Land as in the Form of the Indictment they had heard and had pleaded not guilty of the said Indictment Therefore according to their Oaths they were to make true inquiry between our Lord the King the Prisoner at the Bar in the case for which he stood Indicted and without favour or affection to try the matter and give their verdict according to their evidence whether the Prisoner were guilty in Form and Matter as he stood Indicted This was the sum of the Charge given to the Jury This being done E. Burroughs in particular was set to the Bar and three men called by Name for to give evidence to wit William Branch Thomas Glover and Henry Walker all of them of the Parish of Mary Maudlyn's Old Fishstreet all of whom took their Oath according to form That they should speak the Truth and nothing but the Truth concerning the matter inquired of them as God should help them And having taken their Oaths they were bid to look upon the Prisoner and speak what they could say concerning him as to the matter for which he stood there Indicted Accordingly the first began to speak on this wise That whereas he being an Officer in Captain Coulchester's Company was commanded by his Captain on a certain day being the Sabbath day as he said to go with three files of Musqueteers to the Bull and Mouth where the Quakers were met in Order to break their Meeting as he was commanded and then and there he found the said people met together to the number of about three or four hundred as he might suppose but justly he could not tell how many and amongst them this same Mr. Burroughs said he now at the Bar this same person was standing upon a place and speaking amongst them speaking yes Preaching to them in their way said he and further he commanded his party to martch up the Meeting to the place where this Person now at the Bar stood and he bad him come down and cease speaking but he would not but made some resistance whereupon he commanded his men to pull him down by force which accordingly they did and then took him out of the Meeting and he and his men guarded him to Pauls where their main guard was and he delivered him this same person now at the Bar to his Captain and this I testifie upon my Oath said he c. This done the second person was called to speak what he could say in that case concerning the Prisoner at the Bar to which he said he could say to the same purpose that the person before had testified That whereas he was one of that partie commanded to go to the Bull and Mouth where the Quakers were met together and there they found this same Edward Burroughs now at the Bar Preaching amongst the People and according to command they pulled him down and took him away to their Captain and this was all he could say Then the third evidence was called and he was asked by the Court what he could say in the Case concerning the Prisoner his answer was That he had onely to say what the other two before him had said That whereas he was one of the party of Souldiers commanded to go to the Quakers Meeting and there was this man now at the Bar standing up and Preaching amongst them and they pulled him down and took him away to their Captain and he had no more to say Thus the evidences gave witness and this was the sum of what was said by them all Then the Deputy Recorder asked of them if they were certain this Prisoner was the self same man and how many people they thought were at the Meeting to which they all answered yes they were sure this same person was the man and there might be some hundreds at the Meeting but how many they could not justly tell Then the Court spoke to E. Burroughs and asked him What he had to say for himself in this matter he stood there Indicted and had pleaded not guilty and he had heard the Witnesses against him and if he had ought to say he might now speak To which he began to speak on this wise That he was glad he was permitted to speak in defence of his Cause and he hoped they would fully hear
him in what he had to say He was no Lawyer and therefore unskilled in the particular points of the Law and should not take in hand to proceed as such a one but in as much as God had given him a measure of Reason and a property of Justice and a principle of Equity to discern of different things he should make use of the same to defend the Innocency of his Cause against the Charges falsly laid against him in the Indictment and therefore he desired their patience to hear but while going on in this Discourse to moderate the Court and to prepare their minds for Audience and that he might come discreetly to the matter the Judge of the Court stopped him and interrupted his Speech and told the Prisoner That he must be pertinent and brief for they had much to do and could not be held in long discourses To which the Prisoner replyed his Cause was weighty and desired time of deliberate hearing in order to sound Judgement and he now was to plead on the behalf of his Life and Liberty for ought he knew it might prove so but he should God willing be as brief and pertinent in what he should say as the Case in hand would permit yet could he not be bound up to so many words nor to such a moment of time but now he would proceed to make his exceptions which was as to the Witnesses that they were not competent Witnesses for About this time the Judge interrupted again and asked the Prisoner What Countrey man he was To which was replyed by the Prisoner Let the Court take notice said he how that but a very little before thou desired me to keep close to the matter and to be pertinent to the purpose and now thou hast interposed a question altogether by the businesse to lead me from the occasion in hand and as it were to pervert my speech from what I was going upon and this is not very fair at which words the Judge seemed highly displeased to be so taxed in the Face of the Court by the Prisoner and told him It was not fit for a Prisoner to give such words at the Bar and the reason why he asked him his Name was because he had said he knew not the Laws of England and therefore could not tell whether he was an English man for every English man must needs know the Law of the Land To which E. Burroughs replyed he onely said he knew not the particular points or every particular point of the Law and not that he knew nothing at all of the Laws and as to his Countrey he had been for the most part at London for this divers years and did pertain to this City and desired he might be permitted to go on in his defence of his cause and to shew his exceptions against the Witnesses which the Court gave him leave to do And then he did assert that the said persons were not competent Witnesses in this Case and therefore their evidence ought not to be taken against him for they were a party against him and not indifferent men and they could not Justly and according to right be both Party Prosecutors and Witnesses against him That they were a party it was manifest by their own words in as much as they had testified they took him so and so in the capacity of Souldiers by force of Arms which was not by due prosecution of the Law of the Land by civil Officers by Warrant from some Civil Magistrate or by Constable c. And the Prisoner further testified in these Words That these men who now appeared against him as Witnesses had themselves violated the Law of the Land and done violence unto the Laws and Government of England in that by force of Arms and not by due processe at Law they had seized upon his person contrary to Magna Charta which saith No man shall be taken or imprisoned or disceized of his freehold but by the Law of the Land And also the Kings late Proclamation of the eleventh of January 1660. which then he held in his hand at the Bar wholly prohibiting such manner of seizing upon mens persons as he would shew them by reading the very words of the Proclamation if they would permit him and therefore in as much as these three Persons now witnesses against him had done thus contrary to the Law of the Land and against the very form and force of the Kings Proclamation in apprehending and imprisoning of him by force of Arms by reason of which they were liable to an Action at Law if he pleased to bring it against them for such their illegal seizing upon him and this both the Court and Witnesses themselves knew might be done and therefore to Justifie themselves in such their unjust Action and to save themselves from what danger they were liable to for the same they did now come witnesses against him and their now giving Testimony against him was to their own advantage and to justifie themselves in wrong doing and to preserve themselves from that danger which might justly come upon them And upon this reason he did except against them as not indifferent men nor competent Witnesses against him in this Case Hereabout the Judge spoke to him and told him this was not to the businesse and he must be short for they would not suffer him to make such a flourish before them nor to Preach and Prate to them in the Court and he must prove That these men had seized upon him contrary to Law to this purpose he spoke and seem'd to be much offended at what the Prisoner had spoken To which E. Burroughs again replyed That these three persons themselves had out of their own mouths proved what he said they had told the Court how they were sent in files of Armed men and how they seized upon him by force thereof and led him away Prisoner and they had neither lawful Warrant from any Justice of the Peace neither was there any Constable came with them which he did assert was an illegal apprehending of him and contrary to Magna Charta and he would but read the words of the Kings Proclamation to them which he still held in his hand for that purpose and that would make it more plain Hereabout the Court stopped him again and denyed him Liberty to read the Proclamation saying that was nothing to the purpose and the Judge said He should not over-rule the Court and do not ye see said he how he flourishes and he would delude all the people take him away Goaler he must not be suffered to speak thus Then some attempt was to take him away by force but it was not then done But the Prisoner kept close to his matter still telling the Court and Jury that these men were not fit persons to witnesse against him in as much as they had so unjustly and illegally taken him c. without any warrant from any Justice of the peace or due
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
looked upon it said these mens names I have which were taken at that Meeting c. The Court made a little stop thinking this was not a very perfect evidence and many people were seen to wag their heads in contempt of such doings and that such evidence should passe for it may be truly considered that though he had such Names in a list yet there are many and divers men in this great City of one and the same name and what evidence could that be against persons whose faces he did not know nor remember as himself said let honest men judge in the Fear of the Lord Well but the Prisoners excepted against the Witness and because but one Witness mentioning that Text some of them that under the mouth of two or three Witnesses every thing should be established much objecting against the insufficiency of one Witness but that had no entertainment with them onely the Deputy Recorder spoke to them as he had done to others before them That they had nothing to say saving to the two things before mentioned First Whethey could prove they were at any other place that day and not at that Meeting for which they stood Indicted Or Secondly If they were at that Meeting then what Warrant by the Authority of the Land they could shew for their so Assembling together If they could say any thing on this behalf they should be heard To which one of the Prisoners replyed to this purpose that the King had promised Liberty to tender Consciences and to him in particular he did promise at such a time that they should have their Meetings quietly if they would live peaceably The Court took little notice of what he said onely asked if he had any Witness of it the Prisoner then said not present here but mentioned one of the Howards that was then present with the King when such promise was made and also the Prisoner said 'T is a general Maxim concerning the Law That no man whatsoever can dispence with any Law of God nor no Authority ought to command any thing contrary to the Law of God and I am sure said he our Meetings are according to the Law of God and desired to ask the Court a question and they gave him liberty I desire to know said he whether the Laws of England be contrary or according to the Laws of God The Judge answered That the Laws of England were according to the Laws of God God forbid else said he To which the Prisoner replyed Well then said he If the Laws of this Land be according to the Laws of God as ye say they are then we have sufficient Warrant for our Meetings from the Laws of the Land because our Meetings are according to the Laws of God and justified thereby and being warranted by the Law of God we are Warranted by the Law of the Land also if they are agreeable and not contrary one to the other as ye say And said he ye may read in the Scripture that the Apostles met together in an upper Chamber both men and women and at another time were met together to the number of 120. persons Hereabout the Court stopped his Discourse and would not suffer him further and told him That was in the infancy of the Gospel and the Rulers were then Heathen and persecuted the Christians c. Not much more the Prisoners were suffered to say that is now remembred but all taken away from the Bar and the Judge spoke to the Jury on this wise That they had heard the Matter both what the evidence could say and also what the Prisoners had said and now they might proceed and the Jury arose up off their Seats and went out to seek their Verdict and as they were a going E. Burroughs spoke to them and told them he hoped they would be more just then to passe upon him and not hear him first to the utmost of what he had to say as they knew he was not permitted to speak for him self what he would have done in defence of his Cause Well the Jury staid out about half an hour and returned to their Seats at the Bar and the Clerk asked them if they were all agreed they said Yes He asked them who should speak for them they said their Fore-man Then the Prisoners were called by name E. Burroughs the first and set to the Bar and the Clerk bad the Jury look upon the Prisoner and give their Verdict whether he was guilty or not guilty of the Fact whereof he stood Indicted The Fore-man answered Guilty Thus they did by all the rest and every man was returned Guilty by the Jury save Rob. Craven and W. Newil about whom the Witnesse made such a stammering contradiction as before ye have heard and one of the Prisoners at the Bar when the Jury pronounced him guilty he made answer in these words I would not said he for a hundred pounds but be found guilty of Meeting together to Worship God When the Jury had pronounced the Prisoners guilty in the very time of doing it came Sir Orlando Bridgeman on to the Bench and sat down E B. spoke to the Court Saying He desired to know the Names and places of the Jury-men and of the three persons who had given evidence against him and he desired them three might be there the afternoon and he should prove them false Swearers as he could have done in divers particulars And also spoke aloud to the Court That he should appeal to Judge Orlando Bridgman for better Justice and should move him and the Court the afternoon in arrest of judgement for he would have the matter heard over again And he spoke to divers of the Jury-men telling them They had done injustly and while he had a Tongue to speak and a Hand to write he should not spare to shew their unequal proceedings who had condemned him and not heard him to the utmost It was observed by a Person in the Court after all the Prisoners were gone that some of the Jury spoke to the Court as they were passing away that E. Burroughs had threatned them What should they do Answer was made to them Do not heed what he saith for we will stand by you and more words to the same effect which the Informer could not well hear nor remember and what may be judged of this by wise men but that there was an agreement between the Court and Jury against the Prisoner The Court immediately adjurned till after dinner and all the Prisoners were led and driven back to New-gate again The Afternoon of that day none of the same Prisoners were had down to the Sessions but some others were of the same People in order to Trial and some were tryed and others were called over but no man appeared as to Accuse them nor Witnesse against them so the particulars that passed in the Court that afternoon we have not yet had a Relation of and so in this place must passe it and passe
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