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.

Occasional Speeches between the Judge and Jury, received from another hand.

By the way as they came into the Court the cry was, A Verdict, a Verdict.

Iudg.

Gentlemen of the Jury, are you agreed on your Verdict?

Jury.

Yes, my Lord. (no one contradicting.)

Iudg.

Who shall speak for you?

Jury.

Our Foreman.

Foreman.

My Lord, We have committed our Verdict in writing, (which the Fore-man held up all the way) which was (as I remem∣ber) Guilty of Meeting, but not of Fact.

Iudg.

What do you mean by [not guilty of Fact?]

Jury.

Here is Evidence they met at the Bull and Mouth; where∣fore we say, Guilty of meeting at the Bull and Mouth: but no evi∣dence to prove what they did there; Therefore not guilty of meeting contrary to the Lyturgy of the Church of England.

Jury.

My Lord, 'tis a business of great weight, we had need have half a dozen able Ministers, to joyn with us, to inform us.

Judg.

What say you to — (calling over the names of all the Prisoners.)

Jury.

The same, the same (they said) of all the Prisoners.

Judg.

Mr. &c. (speaking to one of the Jury) is not your Wife a Quaker?

Judg.

Sure you cannot think they met according to the Lyturgy of the Church of England; what then do you think they met there to do? You are to find the matter of Fact only, and to leave the matter of Law to us, and we are upon our Oaths as well as you. The King and Parliament have made this Act to prevent Seditious Conventicles, as is the Title of the Act; therefore you are to find they Met, and we all know they meet not according to the Lyturgy of the Church of England.

Jury.

Some said, it did not appear what they did there: Another said, he did believe the end of their Meeting was to worship God; and to wor∣ship God, was not contrary to the Lyturgy of the Church of England; though he never was at their Meetings, and hoped never should be, or had intimacy with any of them.

Judg.

Suppose one hundred or two meet in a house, and being in, shut the door, as this case is, how should you have evidence of what they did there, but you might well find their Meeting to be unlawful.

Then Judge H. used some threatning expressions against those eight of the Jury that stood out, and said, he knew how to take a course with them, and took Pen, Ink and Paper in his hand, and demanded their Names. Two of them, for fear of what he might do, joyned with the other four. Then he took the Names of the other six that stood out for the Prisoners, and told them, they should be bound to an∣swer their Misdemeanour at the Kings-Bench Bar the first day of the next Term.

One seemed not willing to be bound, but J. H. told him, he should and must be bound. Then said he, My Lord, I am content; any wound∣ing but the wounding of my Conscience. So then six of the Jury were bound in a Bond of 100 l. apiece to appear the first day of the next Term, to answer it at the Kings-Bench Bar.

The Court was adjourned til seven of the Clock in the morning on the 17th day, being the second day of the week, about which time they met again, and Judge Hide, and Recorder Wild in the morning, being at the sentencing of the Felons, and when they had done with them, adjourned the Court till three in the afternoon, about which time came the Mayor and Recorder (but Judge Hide came not again but went away) Then were those Prisoners aforesaid (which were set by as refusers to plead) called over, and set to the Bar. First, four Women, who had Husbands, to whom the Recorder said on this

wise, You have been twice convicted upon Record for being at an unlawful Meeting, and now you stand convicted the third time. You shall be com∣mitted to the House of Correction for the space of twelve months; unless your Husbands will pay forty pounds for each of you. But soon after the Recorder said, The Court is willing to shew you Favour, and to abate of the fourty pound, and take twenty.

Pris.

If you would take fourty or twenty Farthings, we should not give it you.

The rest were set to the Bar, among which was a little Boy about fifteen years of age, whose name is Richard Poulton.

Recor.

Little Boy, will you promise to go to Church, and hear Com∣mon Prayer?

Turner.

My Lord, I believe he will, if he were from the rest.

Obser.

Here the Turn-key shewed himself too busie and confident, and like a busie body spake ignorantly.

Then the Boy was brought up to the Clerks Table, who having a Certificate which he shewed, that he was not sixteen years of age: the Recorder asked him, If he would swear that that Certificate came from the Parish where he was born? And one of them (some say R. B.) asked him, If he would swear he was not sixteen, (as if the Boy could have remembred the time of his birth) to which the Child answered, that he was not brought up to swearing; and being asked, whether he would promise to go to Church? he answered, No, he should promise no such thing; so they did not prevail with him. Then he was returned to the rest again, to be Sentenced.

Obs.

Now this Child being Recorded for a first and second Of∣fence, wherein he was judged to be within the compass of the late Act, and now proceeded against for a third in order to Banishment, when as he was thus at under-age, which thing being so palpably con∣trary to the Act they proceeded upon, which saith, If any person of the age of sixteen years or upwards, &c. This manifests that Two Justices Records against persons in this case, are not alwayes to be taken for infallible; nor may Jury-men with a safe conscience proceed there∣upon in an implicit belief of them, when no certain proof for legal conviction for three offences severally, can be made evident to them.

Then the Recorder spake to them to this purpose, That they had been twice convicted before already, for being at an Unlawful Meeting, and for refusing to plead, you are now convicted the third time, said he.