The Cry of the innocent and oppressed for justice, or, A brief relation of the late proceedings against the prisoners called Quakers in London and the manner of their tryal at the sessions holden at Hick's Hall and Old-Bailey on the 14th, 15th and 17th day of October 1664, at which places thirty-one of the said prisoners were sentenced for banishment ... together with some animadversions or observations upon the said proceedings ... published for the information of all that desire to know the truth of these things.

Observation.

These Proceedings, all Sober and Moderate People who beheld them were disaffected with, and the spirits of many are turned against them; for, thus we see that Judgment is turned backward and Righteousness stands afar off, and Equity cannot enter, whilst this Cru∣elty is exercised towards the Innocent, whom nothing can be pro∣ved against, but what concerns their consciences in the Service and Worship of the Living God; for you may see here, that when the Testimony of mercinary men, who were imployed as Witnesses, fell short of proving the matter charged against the Prisoners, then would the Judges endeavour to get some mater against them from their own Confessions, asking them, What they did do there at such a Meeting? which, if the Prisoners confessed that they were worshipping of God in the Spirit, they would seem to be satisfied with this, as a confes∣sion against the Prisoners, and make use of it as an Argument with the Jury to induce them to find them guilty, that they might Sen∣tence them to Banishment. Oh what a sad thing is this! doth not this tend to bring in meer Atheisme or Idolatry at least, thus bitter∣ly to enveigh against Persons for worshipping God in the Spirit? which was enough to make their inviting the Prisoners to their Church & Worship altogether invalid & void, and more disaffected therewith then before; for what a Church and Worship may we sup∣pose that to be, whose chief Members and Owners do thus eagerly endeavour to Banish, and so destroy a People for worshipping God in the Spirit, and meeting together for that end, when as the same People do confess, own and believe in the same God and Christ, which these their Persecutors profess, though they come not under the same Ceremonies and bare Formalities and Traditions of their Church, that they so much stand upon, and persecute People for not conforming to? but they that can comply with these outside things (which are but trivial in respect of the Substance) though they neg∣lect the Substance and weighty Thing, namely the SPIRITUAL WORSHIP, and many times frequent Prophane and Ungodly meetings, as Stage-Playes, and the like, these may be counted law∣ful and tolerated, and none called in question what they did there, as thus many Innocent Persons are in open Sessions. Again, their endeavouring by fair words and promises to perswade the Prisoners to a Conformity with them in their Worship, and to go to their

Church, was not like to take nor prevail with them, when at other times they would shew themselves so bitter against them, using some∣times threatening words, and sometimes a slight behaviour, with taunts and jeers against the Prisoners; other times causing them to be plucked from the Bar before they could get out their answer, or a few words of soberness to them; thus many times they were interrupted by some of the Turn-keyes or Rude Persons, who, if the Prisoners did but hold upon the Bar or Rail, (that they might speake out their words) were ready to knock them upon the hands (this was worse than the Heathens proceedings at Rome, for they would admit a fair Hearing and Tryal before their Law condem∣ned any) and these must be received as Witnesses against the Pri∣soners. And when one apparently forswore himself, of which the Jury detected him openly, he and such must be encouraged, and the Jury be told that the matter of Fact was Meeting, and that was proved; though the Judge would sometimes ask the Prisoners What they did do at such a Meeting? so as he had the Fact to enquire for, which he needed not have asked, nor thus seek for a confession from the Pri∣soners, of their being met in Religious Worship, and to make use of that to the Jury as matter against them, if the bare proof of being on∣ly at a Meeting had been a sufficient proof of the Fact: herein their contradiction plainly appeared, which makes it evident that the bare proof of Meeting was not sufficient proof of the Fact; for if it had, why should they enquire what was done at the Meeting? And if the Prisoners confession of being met in the Worship of God, must be taken as pro confesso to the Fact, then here also their confession shall stand as a Testimony against their Judges for proceeding thus against them, in order to Banishment for worshipping God.

And it further appears, that our Innocency and harmless deport∣ment is so manifest among our Neighbours, that there are no dis∣creet or sober men willing to be imployed against us to prosecute us, nor such as are competent Witnesses; but either our Persecu∣tors, or such as are made parties against us, who though they have no reputation to lose amongst men, yet are forced unto this work of Persecution against us, as Under-Goalers, and Marshals men, or such like underly and mercinary men, who out of slavery and self-ends may be forced to any thing. And if there be any Conscientious Jury-men, who scruple the Evidence of such prosecutors, and are not willing

to take their Evidence, and the Judges straining it by their own sup∣positions against the Prisoners, beyond what it is in it self (toge∣ther with their own confession of being met to worship God) as suffici∣ent proof to find them guilty; then must such Jury-men also be threatned, bound over and brought into trouble, though they be up∣on their Oathes, by which they are enjoyned to bring in their Ver∣dict according to Evidence, and not upon their suppositions; who in∣stead of being Impartial, Judges, make themselves both Accusers and Condemners, and seek to over-awe and sway the Juries to their wills; which thing, many take notice of, and for which the Righte∣ous God will assuredly call them to an Account.