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A60650 A second relation from Hertford containing the unjust proceedings of some called justice there at the general quarter sessions, upon the tryal of one and twenty innocent persons called Quakers for a pretended breach of the late act, with an account of the most material passages between the prisoners and the court, the 3d, 4th, and 5th dayes of the 8th moneth, 1664 : whereby it appears that meeting to worship God in spirit and truth is the great crime for which they are under so grievous a sentence, and that whatever is pretended by those that love the title of justice, yet in very deed they hate justice it self, as by their proceedings appears / by W.S. Smith, William, d. 1673. 1664 (1664) Wing S4326; ESTC R32690 16,865 24

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change every day Tho. Bur. Thou hast not found us so changeable hitherto neither wilt thou W. B. I desire the light may not be villified for it is the Grace of God that brings salvation and I will gladly tell you what it hath done for me it hath redeemed me from a vain conversation and taught me to live soberly in this world Interrupted by Tho. Vic. Fan. You have broken this Luw meaning the late Act which is not to hinder you from your Religion but to hinder you from your Meetings and you are not to meet W. B. If men or Laws command one thing and the Lord requires another which should I obey Unto which the Court returned no answer H. Chancy Thomas Burre were you at Thomas Burdocks House T. B. Yes H. C. What was your end of being there T. B. To answer the end for which I was born into the world and for which I have my life continued to me unto this day viz. To worship the Lord in spirit and truth who ought to be worshipped at all times and in all places and for that end we shall meet there or in other places as we have freedom Interrupted Then H. Chancy spake to the Jury and said Gentlemen I think the evidence is sufficient and they themselves confess that they were there one saith that he was there to worship the Lord another saith that he was there to wait upon the Lord and the other to worship God in spirit and truth which is in effect all one and they have been twice convicted already upon record So he caused the Records to be read to the Jury The Prisoners would have spoken further to the Jury but were not permitted but commanded to be set by and the Jury commanded to go forth who quickly returned agreed upon their verdict that the foresaid four prisoners were all guilty Prisoners It is little to be condemned by men when the Lord justifies H. C. Look to them Goalers and make room for the other Prisoners Then were set to the Bar Robert Crook Thomas Crawley Samuel Wollaston Robert Faireman Richard Thomas Francis Haddon William Brown Then the several Indictments were read which for matter and form were the same with the former except onely that these were met at an house adjoyning to the dwelling house of Nicholas Lucas in the Parish of All-Saints in Hertford And Robert Crook aforesaid being by himself set to the Bar Thomas Burge Clerk as aforesaid asked him If he were guilty of this Indictment or not guilty R. C. Where was it that I was taken Cl. In the house belonging to N. Lucas R. C. Is not that within the Corporation Cl. Yes R. C. It was read in the Indictment that I was a Subject to the King Cl. Are you not R. C. Yea I am and being a Subject whether I have not a due right to by tryed by the Court of the Corporation wherein I was taken Tho. Vic. Fan. You were committed to the County Goale and so you ought to be tryed by us or words to that effect Cl. You are to plead guilty or not guilty now and may be heard concerning that afterward R. C. I am ignorant of your Laws and do not know my time or place for that Cl. Are you guilty or not guilty you must plead R. C. I have no guilt upon me as for what I am accused and apprehended Cl Set Thomas Crawley to the Bar Are you guilty or not guilty T. C. Not guilty Cl. Set Samuel Wolleston to the Bar. Are you guilty of those Crimes whereof you stand indicted or not guilty S. W. Not guilty Cl. Set Robert Faireman to the Bar Are you guilty of the Crimes whereof you here stand indicted or not guilty R. F. I am not guilty of the breach of any just Law Cl. Set R. Thomas and Fr. Haddon to the Bar You stand here indicted fer being at an unlawful Assembly in an house adjoyning to the dwelling house of Nicholas Lucas with several other Malefactors What say you are you guilty or not guilty R●chard Thomas This pretended offence was committed within the Borough of Hertford which Corporation hath power by vertue of their Charter to try any matter of Fact within it self Treason and Felony excepted and therefore I conceive that I ought to be tryed at the Corporation Sessions not at this Court for by the Magistrates of this Corporation we were committed some of us are Members of it and therefore by them ought to be tryed H. C. I must tell you That the Justices of the Corporation have turned you over to us and it is according to the Act that we should try you therefore you must plead guilty or not guilty R. T. I think not so for the Act saith of such pretended offences that they are to be tryed within the Limit Liberty or Division wherein they were committed Tho Vic. Fan. You must plead to this Court for there have some of this Corporation been tryed in the like case before the Lord Chief Justice Bridgeman one of the gravest and most learned Judges that ever sate upon this Bench at the last Assizes here they coming first which is according to the Act. R. T. That might be done there for that Court sate by a Commission of Oyer and Terminer and in some sense comprehended the Corporation but you are the ordinary Quarter Sessions and have no such special Commission Interrupted Tho. Vic. Fan. We have a special Commission and have power to try you here R. T. We were committed twice for that you call the first and second offence by the Magistrates of the Corporation to their Prison and for the third offence by some of the same Magistrates were sent to the County Goal who are no Justices of the Peace for the County meaning the Mayor and Robert Deane And further I would ask this question Whether if the Corporation Sessions had come first should such as had been taken in the County and committed to the County Prison been brought from thence and tryed by the Corporation Sessions One of the Justices upon the Bench J K. stood up and answered Yes by which it appears that the young man hath more authority then knowledge of the Laws and Customs of the Corporation although he be a Member of Parliament as one of the Burgesses for that Corporation T. Vic. Fansh. You shall not be permitted thus to stand pleading here to over rise the Court. R. T. It is not like that I shall over-rule the Court but the Court may over-rule me although by Law they cannot Cl. You must answer whether you are guilty or not guilty R. T. Not guilty according to manner and form of the Indictment Cl. Francis Haddon what say you are you guilty or not guilty F. H. Inasmuch as I had no evil intent in meeting I am not guilty Cl. William Brown what say you are you guilty or not guilty W. B. I am not guilty of evil doing Proclamation being then made That if
me Court If you will not plead you shall be recorded and sentenced as a mute H. S. I do not deny pleading Court Record him H. S. I thank God you have nothing of evil against me now nor formerly to condemn me for but it is purely for Conscience sake for worshipping God One of the Jury as he stood at the Bar told him That if he did plead they should finde him guilty So it seems it was determined beforehand what to do and that all their shew of a legal Tryal was but under colour and pretence having fore-judged them and before hand concluded to condemn them So the Jury went forth and about the space of a quarter of an hour returned agreed upon their verdict And being asked if they were agreed answered Yes and who should speak for them answered their Fore-man who being asked if Henry Sweeting were guilty of the Crimes he stood indicted of or not guilty he answered guilty and so of all the rest Court Look to them Goaler Then was Henry Stout set again to the Bar and his Indictment read the third time and he still desiring to be tryed by the Court that ought to try him viz. The Court of the Corporation The Clerk recorded him again for a Mute the third time This done the Goaler was commanded to fetch the rest of the Prisoners to the Bar being one and twenty persons which also was done and proclamation being made that all persons should keep silence while Judgement was given The Prisoners were called over severally one after another to whom Henry Chancy directed his speech particularly as followeth viz. What say you Lewis Laundy why judgement of transportation should not be passed upon you L. L. I am innocent in this matter and have not transgressed this Law for our Meetings are not contrary to the Liturgy but your practice is contrary to it for that sayes Cursed is he that parteth man and wife which thing you are doing this day and assuredly the Lord will reward you according to your deeds Then Henry Chancy being about to pass sentence Richard Thomas called to the Court and said hold there is something to be said first before the Sentence is passed whereupon Henry Chancy said Richard Thomas what have you to say why judgement of transportation should not be passed upon you R. T. I have much to say First nothing hath been proved against me as matter of Fact which should deserve such Sentence And again I ought to have been tryed by the Corporation for the pretended offence and therefore there ought to be an arrest of Judgement H. Chancy As to that you have had a fair tryal and the Court doth over-rule you in that thing and you have been answered Then John Reynolds was asked what he had to say why sentence should not be passed upon him And Tho. Vic. Fansh. stood up and said He had done very much for him at the Assizes To which J. R. answered That the light in his Conscience would convince him of the evil he had done to him whereupon Tho. Vic Fansh. retorted in a rage That the light you hold is one thing to day and another thing to morrow Before sentence several others of the Prisoners said They were innocent and had not deserved any such sentence But H. C. said Your plea of innocency will not now avail you The Jury hath found you guilty therefore you must hearken to your Sentence So the Prisoners were set to the Bar and sentence was pronounced by him as followeth Richard Thomas John Bresbon Robert Fairman William Brown Francis Haddon Samuel Wollaston Thomas Crawley John Reynolds John Witham Robert Crook It is awarded and the Court doth award That you and every of you shall be transported beyond the Seas to the Island of Barbadoes being one of his Majesties Plantations there to remain seven years Then Sentence was also pronounced upon the rest thus viz. Lewis Laundy William Burre Thomas Burre Thomas Moss Michael Day Robert Hart William Adams John Throughgood Henry Sweeting Jeremiah Dean Henry Stout It is awarded and the Court doth award that you and every of you shall be transported beyond the Seas to the Island of Jamaica one of his Majesties Plantations Forreign there to remain seven years But before the Prisoners went from the Bar divers of them expressed themselves to this purpose viz. Richard Thomas said The Lord justifies though you condemn and sentence us And be it known unto you that I account it great honour and much mercy from the Lord that I have been preserved unto this time to hear a testimony for Gods eternal truth against such a generation of men as you are And as Sentence was pronouncing Lewis Laundy one of the Prisoners directed these words to Henry Chancy Alas for thee poor Chancy observing a great change in his speech and countenance it had been well for thee if thou hadst not done this dayes work c. After a little space the said Henry Chancy recovering himself spake to the Prisoners as followeth viz. If you on every of you will pay one hundred pound into the Court you may be discharged from this sentence and the Court shall not be discharged till the morning It was now after the 9th hour at night and the Court adjourned till eight the next morning the Prisoners being remanded back to Prison On the morrow about the 7th hour the Court met again being the third day of the Sessions and the Goaler being ordered to bring the forenamed twenty one persons or whom sentence was passed they were brought accordingly and set to the Bar and called over Court Then the Court demanded of every several person respectively whether they would pay down their several hundred pounds to redeem them from the sentence of transportation that was passed upon them Pris. To which they returned their several answers some whereof are as followeth Lewis Laundy It is for the testimony of my Conscience towards God that I am sentenced and if I had an hundred lives and could redeem them all with an hundred pence I should not give them in this case Rich. Thomas Be it known unto you that the service we are called unto is more honourable then to be purchased off with money and therefore if the tenth part of a farthing would do it I should not give it you and further he also said the Religion we profess we are neither afraid nor ashamed to suffer for it is the Truth and shall stand over the heads of all such transgressing wretches as you are Tho Moss I am in the service of God and I do not intend to hire my self out of it but you had more need to hire your selves out of the service that you are in R. Crook Whether shall I be free if I should pay an hundred pounds Court Yes R. C. Then I may go meet again with those you call Malefactors to the disturbing of the Kings Peace Court Yes paying an hundred pound he might
A Second Relation from HERTFORD CONTAINING The unjust Proceedings of some called Justices there at the General Quarter Sessions upon the Tryal of one and twenty innocent Persons called QUAKERS for a pretended breach of the late Act with an account of the most Material Passages between the Prisoners and the Court the 3d 4th and 5th dayes of the 8th Moneth 1664. Whereby it appears that Meeting to Worship God in Spirit and truth is the great crime for which they are under so grievous a sentence and that whatever is pretended by those that love the title of Justice yet in very deed they hate Justice it self as by their proceedings appears By W. S. Woe to them that devise iniquity and work evil upon their beds when the morning is light they practise it because it is in the power of their hands Micha 2.1 Judgement is turned away backward and justice standeth afar off for truth is fallen in the street and equity cannot enter Isa 59.14 Printed in the Year 1664. THe Court set in the usual place Henry Chancy being Judge together with these who are stiled as followeth Thomas Vicount Fanshaw with his Son Thomas Fanshaw Knight of the Bath Brocket Spencer Baronet Richard Atkins Knight and Baronet John Gore and Richard Lucy Knights Thomas Stanley Esquire and James Wilmot Commissioners for the Peace of the said County his Assistants with several others who did not manifest themselves so far from moderation and tenderness as most of the persons afore-mentioned The first day of the Sessions being the third day of the 8th Moneth passed with little concerning the people called Quakers save that the grand Jury was empanelled of persons pickt out of many who were warned to attend that service care being taken that such should be left out and laid aside that were more moderate and only such made use of as were eminently disaffected to the persons that were to be tryed and so far ingaged by prejudice as resolved to find the Bills beforehand which thing was so much the easier in that their way was ready thereunto by a precedent made by Judge Bridgeman in the like Cases at the late Assizes holden for the said County of Hertford ON the 4th day in the Morning four of the Prisoners called Quakers were brought to the Bar viz. Lewis Laundy Thomas Moss William Burre and Thomas Bur of Baldock in the said County Their Indictment being read by Thomas Burges Clerk of the Peace there which was to this effect * That the aforesaid persons being assembled at an unlawful Meeting or Conventicle at the House of Thomas Baldock of Baldock aforesaid under colour and pretence of Religious Exercise contrary to the Liturgy or use of the Church of England with divers other Malefactors contrary to the form of the late Statute to the disturbing of the Peace and endangering the Kings Crown and Dignity Lewis Laundy was called to the Bar. Cl. Lewis Laundy are you guilty of these offences for which you stand indicted or not guilty L. L. I am an innocent man and have wronged no man neither have I transgressed any just Law that I know of neither have I done any thing for which I deserve here to stand indicted or words to that effect Hen Chancy This is not an answer sufficient you must plead guilty or not guilty L. L. I am not guilty of the Breach of this Law Then Thomas Moss was called to the Bar. Cl. Are you guilty of this Indictment or not guilty T. M. That in the Indictment which is true as my Meeting at Thomas Baldocks House I am guilty of but as for meeting there with Malefactors to the breach of the Peace I am not guilty of The next called to the Bar was William Burre Cl. What say you William Burre are you guilty or not guilty W. B. As to the substance of the Indictment that I am charged with as meeting with Malefactors and disturbers of the Peace I am not guilty The last of the four aforesaid Thomas Burre was called to the Bar. Cl. Are you guilty or not guilty of this Indictment T. B. Not guilty of unlawful Assembling unless it can be proved to be unlawful to meet in the name of the Lord. Cl. You must plead guilty or not guilty T. B. Not guilty Cl. How will you be tryed Prisoners By the Witness of God in our Countreymens Consciences Court Well well that 's well enough Then a Jury was called sworn and charged in the usual way form and manner well and truly to try betwixt the King and the Prisoners at the Bar and to make true deliverance and bring in their verdict according to evidence c. Their names are John Taylor Henry Castel George White Edmond Ralph Ralph Thorne George Ward John Watty John Bessex Francis Genne William Joyce Edmund Noads Edward Hammond Then the Indictment was read again and the Witnesses called and sworn H. Chancy Stephen Young what can you say against the Prisoners at the Bar S. Young May it please your Worship I took them at Thomas Baldocks house met together H. Chancy How many was there S. Young About sixteen men and women H. C. What did you see them do there S. Y. Nothing they were sitting still and did say nothing nor do nothing as I saw H. C. Was it the place they usually met at S. Y. Yes The other Witnesses being called spake to the same purpose and no more H. C. Lewis Laundy What say you for your self L. L. We are no Malefactors neither are our Meetings unlawful nor under colour and pretence of Religion but really to Worship the Lord neither are we Contrivers of Plots nor Disturbers of the Peace nor have we made Insurrections therein neither are our Meetings contrary to the Liturgy of the Church of England for that sayes we must worship God in spirit without any limit to time or place Interrupted H. C. What say you Thomas Moss what did you at Thomas Baldocks what was the end of your Meeting T. M. It was to wait upon the Lord to receive refreshment from his presence which is more to me then all the worship in world where the presence of the Lord is not felt Cl. William Burre what say you for your self W. B. I have frequented those Meetings these seven years at Baldock and if there be any that can accuse me of those things charged against me let them speak H. C. But wherefore did you meet there W. B. Because the Lord God of heaven and earth required me and my eternal salvation was upon it if I disobeyed the Lord and therefore if I suffer I suffer for obeying the Lord. Tho Vic Fansh. Where doth the Lord command or require you W. B. In my Heart and Conscience Tho. Vic. Fansh. That is the light within you but your light is darkness and a melancholly vapor of the brain and leads you to one thing to day and another thing to morrow and I know not what the third day so you