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.

This is the business it seems so much driven at, and which our Judges would fain bring about, but they take a wrong course to effect it; for we must have better Arguments than Imprisoning, Banish∣ing, &c. from them, before we can either believe them to be of the true Church, or comply with them; but we are already satisfied, that we who are persecuted for worshipping God in Spirit, are of the True Church, and not these that pesecute us, and deal so cruelly by us.

The Witnesses gave Evidence against two Maids at the Bar, that they were met at the Bull and Mouth, and William Turner said, he saw them in the Room.

J. H.

What say you, were you at this unlawful Meeting?

Pris.

I was at no unlawful Meeting, neither was I ever there un∣der colour and pretence, &c.

J. H.

Will you go to Church and hear Common Prayer?

Pris.

I have gone thither too long already, for there are many in it that live in their wickedness; but this which I now follow leads me into the way of Truth wherein I walk, and if I am condemned for that, you are very unjust Judges.

Another, being Indicted as before, the Evidence of the Witnesses was, That he was at a Meeting at such a time and place, above such a Number, but what he and they did there they could not tell.

Judge.

What say you, you hear the Witnesses say you were there?

Pris.

There is nothing yet of evil witnessed or sworn against us, but that we were at the Meeting, this is nothing to the purpose: were we there under colour or pretence of Religion? and what evil we did do there, this is still to be proved, they prove nothing of it.

Judg.

What did you do there?

Pris.

I have nothing to say, but that it doth not make me an Of∣fender to be at the Bull and Mouth, except I am there to do some un∣lawful thing.

Jury.

VVhat did they do there?

Judg.

That is not the thing; the question is whether he was there? the Witnesses say he was there, but what he did there they cannot tell; that is the Fact, that he was there.

I. H.

I will ask you this question, Will you go to Church?

Pris.

If I have my liberty I shall go to Church.

Judg.

Where is that Church, and what is it, that you will go to?

Pris.

Where God by his eternal Spirit gathers his People toge∣ther, that is his Church which I shall go to.

Judge K. speaking against the Prisoners, told the Court, that they have silent Meetings, and there said he, you shall see a man gaping in a womans face, and what they do I know not.

Obs.

Were these words becoming a Judge, or consistent with Gra∣vity, thus to go about with such unsavoury expressions, to render an innocent People odious? and this his saying, what they do in their Meetings he knows not, and the other Judge before confessing, that it would scarce ever be proved that they met worshipping in other manner than is allowed, is ground enough for the Jury not to find them guilty of the Indictment, and for all to see that their Law, which is pre∣tended against us, doth fall short exceedingly in it self of reaching us.

Judge H. speaks to the Jury to this effect: You must understand that they have been convicted upon Record two times already, and you have heard the Records read. This is the third Offence, and the Evidence is sufficient to prove that they were there at an unlawful Assembly, and some of them confess they were there to worship God; so if you believe the Evi∣dence that they were there, you must find the Bills. Go together.

Then the Jury went forth, and the Court was adjourned till four of the clock, and between four and five they met again. About six the Jury came into the Court, and said, Four were not guilty, and the rest they could not agree upon.

The Judges seemed very angry with them, and Judge H. K. and Recorder endeavoured further to instruct them, and with some threat∣nings sent them forth again. In the space of about an hour they re∣turning, were agreed in this, (which they brought in writing) That

they were guilty of Meeting at the Bull and Mouth, but of any Pretensions or Intentions they were not guilty, there being no Evidence of it. Here∣upon the Judges. were much displeased, and laboured further, by ex∣amining and threatning some of them, to cause them to comply with them, and askt some of the Jury, whether they did not believe in their consciences that they were there under colour and pretence of Wor∣ship? One answered, He did believe in his conscience that they were met there to worship really in deed and in truth.

Another of the Jury said, My Lord, I have that venerable respect for the Lyturgy of the Church of England, as to believe that it is according to the Scriptures, which allows of the worship of God in the Spirit; and if any man in the world worships God in the Spirit, I presume he doth not wor∣ship contrary to the Lyturgy, it being according to the Scriptures; if not, I shall abate my respect for it. Eight of the Jury did concur on the behalf of the Prisoners, other four would have complyed with the Court against them.