Observation.
This appears a very strange doctrine and assertion, and that which this Nation had need to consider of, whose Liberties, Estates, and Lives also are concerned in the Fundamental Laws of the Land, as Magna Charta and others, which require due Process and Tryal, and lawful Judgment of Equals, or Juries, in these weighty Cases, and that upon Reason and good Ground, that the Subjects might not be injured therein by any byassed or prejudiced party or usurpation; which if a Law be made that is repugnant to such proceedings as the Fundamental or old Law of the Land requires, How can that an∣swer the end for which Parliaments were first instituted, or can be according to Magna Charta or the Law of the Land, it doth not yet appear? Howbeit, we question not, but these that set themselves to persecute us, if they had a Law to adjudge us to death, without any such due Process or lawful Tryal, as ought to be; yea, if it were such, as Queen Maries Laws against the Martyrs, were made in force against us, they would Execute them to the uttermost of their power, and more readily, if we might but have two such for our Judges as our Persecutors would chuse: it is high time to weigh these things and to call for Justice, Equity and Reason, whereon the Law of this Land is said to be grounded, which if that be destroy∣ed, then adeu to both Law, good Government, and Subjects Rights and Liberties.
You must be quiet, you despise all Government; we are upon our Oaths.
Thou sayest well, you are upon your Oaths, but you do not perform your Oaths: And of Magna Charta every good man ought to be tender. I desire to have my Indictment read. The Clerk read it. The VVitnesses bore witness he was at the Bull and Mouth, and no more.
One Prisoner being called when the VVitnesses were sworn, put them to prove, whether he said or did any thing to make the Meet∣ing unlawful?
Page 22The Judge replyed, If you were at the Meeting, it is enough.
And afterward when the Prisoner, was called he asked the Judge, Whether if he was at the Meeting, and not under pretence, but to worship God, must he be condemned for that?
The Judge answered, Yes, yes.
O sad! Here he either through haste mistook himself, or else in plainness shewed his spirit to be against God.
The Judge bid one hold his tongue, and told him he was fitter to knock down an Ox, (supposing perhaps he had been the Butcher.)
R. Hayes answered, Thou art mistaken, I am no Butcher, nor was I brought up to any Trade.
If you say anything that you were not there, (viz. at the Bull and Mouth) which is the matter of Fact, you may.
VVhether it be reasonable that a man should be an Of∣fender for the third Offence for one and the same thing, when he hath not been legally convicted of, and tried for a first and second offence, according to the great Charter of the Liberties of England, antient Statutes, and Laws of the Land?
It is as just a Law as any in the Land, and it is a Statute Law, and part of the Law of the Land.
I do not account it according to the Fundamental Law of the Land; I ought not to be proceeded against, nor condemned for a third Offence, before I am legally proceeded with, and convicted by a Jury for a first and second.
You have been legally convicted; you must not be suffered to speak thus against the Law, put him by: You see what kind of people they are, that despise all Government and Law: for he that doth any thing prohi∣bited by Law, it is unlawful.
There hath never any such thing been made appear against us, as either despising all Government or Law; for good Govern∣ment we desire may be established, and the righteous Law of God, and all just and equal Laws of men we own, being become a Law to our selves in that whereby we are preserved in Innocency, and therein have endeavoured to keep our Consciences void of offence towards God and man.
Another was set to the Bar, his Indictment spoken to overtly to the Jury; the Witnesses gave their Evidence that the Prisoner was at such a place, met together with such a number, as afore.
The Witnesses do not say that we were met there under co∣lour and pretence of Religious Exercise, contrary, &c.
You say well, that lies on your part, you must prove what you did there.
One of the Jury asked, if they did either Pray or Preach, or do any thing contrary to the Lyturgy, or the Law of the Land?
You are a disorderly Jury as ever I saw.
You are to hear your Evidence, which is, that they were met at a Seditious Meeting; its no matter whether they said any thing, or did any thing; the Witnesses saw, though they did not exercise their Gift, they were there [for the Worshipping of God in Spirit] as some of them have said. Then he caused that Clause of the Act to be read, If any person of the age of sixteen years or upward, being a Subject of this Realm, &c.
An Indictment also being only mentioned to some Maids at the Bar, viz. Hanah Drury, Sarah Harding and others, that they wer at an unlawful Meeting, and no more.
What say you?
We were at no unlawful meeting, but a Godly and Peace∣able Meeting, and not a colour, &c.
We are sorry that such young Maids should be deluded; will you go to Common Prayer to morrow? will you go to Church and hear Divine Service?
We are Worshippers of God in Spirit and Truth, and that is Divine Service; if this be contrary to the Worship of England and the Lyturgy, we shall continue therein.
John Horsey being again called to the Bar, the Witnesses said, he was at the Bull and Mouth, at a Meeting above such a number.
He bears witness only, that I was at a Meeting, that is not the thing, but an unlawful Meeting; have any sworn that it was an unlawful Meeting? it is an easie matter to swear that we were at the Bull and Mouth, but none bears witness that we met there to do those things we are accused for, or that the Act provides remedies against.
Well, it is enough, he swears that you were there, it is contrary to the Law that you meet.
What Meeting is according to the Lyturgy and Law?
To meet to hear Divine Service.
Well then, it is lawful to be at Divine Service; and the Page 24Worship of God is Divine Service at any time, or in any place, or with any number, and thou grantest that the Lyturgy doth allow of Divine Service.
The Common Prayer is the Divine Service.
That which the Spirit of the Lord leads men unto, is Divine.
We will not argue with you, you shall go abroad; send him into another Land to preach, you shall not preach here.
Will you go to Church? if you will go to Church to morrow and hear Common Prayer, if you will, you shall be discharged; and if any one of you will but promise to go to Church and Conform, we shall be glad with all our hearts, and you shall be discharged, and thank you too.
