THE First day of the Sessions, being the 11th. of the sixth Moneth, eleven of the People called Quakers, were fetched out of Prison, and led before the Judgement Seat at Old Baley, and immediately were called by Name and set to the Bar, and the Indictment was read against them on this wise (viz.) For being at an unlawful Tumultuous meeting, with force and Arms, to the Disturbance of the Peace of the King, and in con­tempt to him, and to the terrour of the People, and to the evil exam­ple of all others in the li [...]ffending, &c. And then it was demanded of them [...]ly to Answer, Guilty or not guilty; and one [...], that he was taken up in the Street, and not g [...] any part of the Indictment; and another person be [...] to Answer, demanded a Copy of his Indictment, which was denyed him, except so much money were given for it; And D. Baker answered, that he was both innocent and guiltless of the Manner or Tennor of the Indictment, and his innocent Soul and Life did wit­nesse against the same; and furthermore he said, That they expected Justice and Equity, and for them to give Righte­ous Judgement, they being Innocent People; But Alder­man Brown upon the Bench, mocked with a whining voice, as if it were the sound of a Dog or Cat, and not like a man, especially one that is set to Rule over men, who should be as men of God; and D. B. said, It becomes not a Magistrate to scoff or mock at the Prisoners; and R. B. de­nyed, and said he did not mock, but surely he did so, for thereby the Multitude were provoked to lift up their voices in laughter at his Lightness and Folly, in which he sported himself as his manner is, and he said, D. Baker did Cant, and such like scoffing words; But he answered, saying, I spake in the Fear of the Lord, and I would that the same were set up, not onely in the Hearts of the Magistrates but also in the hearts [Page 4] of all here present this day; And it was demanded of him, whe­ther he were ready to receive his Tryal, and he said, he was ready to receive Justice and Judgement, and they seemed to be displeased at his Reply; and it was put to him by the Court, whether he would be Tryed by a Jury, and he said on this wise; He supposed there were men upon the Bench that might be sufficient to hear and determine the matter without a Jury, as to the Particulars in the Indict­ment; and they therefore turned him by, and others of the Prisoners did give their answer accordingly, and one said, That he was guilty of what was Truth, and not guilty of the contrary in the Indictment; And the Court said, That if the Prisoners were guilty of one part, they were guilty of the whole; To which was replyed, Not so, for as it was Matter of Conscience to them to bear witness for the Truth, so it was Matter of Conscience to bear witness against the contrary; and it was said p [...]ure, there might be some words in the Indictment [...] themselves might be true; and others of the [...]eas to the Indict­ment they accepted of, for not [...] and others because they did not plead so in their Form and manner of Tearms, they would not allow of their pleas for not guilty. Albeit, one was nothing at all concerned in the matter, being ta­ken up as an innocent man in the street, without the breach of any Law, either of God or Man, and had then suffered more then thirty dayes Imprisonment, and been before the Judgement Seat twice, at two several Sessions, and not tryed, nor his Innocent cause pleaded, nor he set at Liber­ty, but with many more have been thus taken too and fro, and hurried to Prison and from Prison, to the Judgement Seat, and from Judgement to Prison again, but the Lord God of Judgement will be eased of his Adversaries, & plead the Cause of Innocency, and Recompence Vengeance in his sore displeasure upon the Head of his Enemies in one day; Behold, behold, it hasteneth and cometh to pass.

And so because they could not try them all, they said they would try none of them till next Sessions, and so sent them all to Prison again, but as the Jaylors was hurrying of them away, D. Baker spake the words of Christ, saying, If ye had known what this meaneth, I will have mercy and not [Page 5] sacrifice, ye would not have condemned the guiltless.

And the next Morning he wrote a few Lines to Alderman Adams, to the end he might move it to the rest of the Ma­gistrates upon the Bench, that they might be called to a Tryal, seeing they had dealt so with them the day before; and forthwith the Marshal of the City was sent, to demand of them or move them to it, (viz.) If that they wovld con­fesse to him that they were at a Meeting, and at such a Meeting as was mentioned in the Indictment, they should go and be Tryed, and favoured it may be, with a small Fine, he said; But in the Fear and Name of the Living God he was withstood, and the Prisoners kept out of the snare, and they let him know that his Message did tend to so much, as if he should come to perswade innocent men that they were thieves, and confess it to him when they were guiltless; And he said, What Answer shall I return the Court? After we had debated the Matter, we said again and again, That if we should confess that we were not at all at a Meeting, then we should not confess to, but deny the Truth; for its true, we were at a Meeting, and it was a Meeting of the Innocent, Harmless People of God, to Worship Him; But we denyed and wit­nessed against such a Meeting spoken of in the Indictment, of which we were wholly Innocent and Guiltless, after this manner we spoke to him, and he went his way, saying, Its in vain, then all would be to no purpose, and such like words; and nothing further was done in that matter.

The twelfth day of the Moneth, being the third day of the week, first about twenty of the Prisoners were fetched out of New-gate by their Keepers, and led to the Sessions House, where were sitting on the Bench, the Mayor of the City, Alderman Adams, Alderman Brown, and Counsellor Howel, who sat Judge at Law of the Court, as Deputy Re­corder; And E. Burroughs was presently called by Name to the Bar, with about eight persons more of them called Ana­baptists; and being set at the Bar, the Jury men were called and Sworn, the same who had served the day before, and at the second person laying his hand upon the Book, E. B. moved the Court in these words; Desiring to know what priviledge the Law of the Land allowed the Prisoners in making exceptions against the Jury men, this he desired [Page 6] to know of the Bench he said, because he did not know the particular points of the Law in that case; To which the Deputy Recorder answered, they might make exceptions if they had good reasons for it; but the Persons being stran­gers to all the Prisoners, they made no exceptions, having no knowledge of the men, and so could not well except a­gainst any of them. The Jury been sworn, the several In­dictments were read in the Court, E. Burroughs the first of all, according as the Prisoners stood Indicted at the Sessions about five weeks before, a Relation of which Proceedings, with the Indictment Verbatim, ye have in our Second part of the Cry of the Innocent for Justice, lately published, though for our more orderly manifesting the Truth to the perfect knowledge of all men, tis necessary that we insert again in this place, the said Indictment, which is as followeth, (viz.)

LONDON, ss.

THE Jurors for our Lord the King [...]sent upon their oath, that Edward Burroughs late of London, together with divers other persons to the said Jurors unknown, to the number of a hundred persons, the first day of June, in the fourteenth year of the Reign of our Lord King Charles the second, of England, Scotland and Ireland, Defender of the Faith, &c. With Force and Arms, &c. in London &c. To wit, in the Parish of Saint Ann and Agnes, in the Ward of Aldersgate, London aforesaid, Ʋnder pretence of performing Religious Worship, otherwise then by the Laws of this Kingdom of England, in this Kingdom is esta­blished, Ʋnlawfully and Tumultuously did Gather and Assemble themselves together, to the great Terrour of his Majesties People, and to the disturbance of the Peace of our now Lord the King, in con­tempt of our said Lord the King and his Laws, to the evil Exam­ple of all others in the like Case offending, and against the Peace of our Lord the King, his Crown and Dignity, &c.

This being read by the Clerk, he proceeded to give the Jury their Charge, on this wise, That whereas the Prisoner at the Bar stood Indicted for an Ʋnlawful and Tumultuous Meeting, under pretence of Worship, contrary to the Law of the Land, as [Page 7] in the Form of the Indictment they had heard, and had pleaded not guilty of the said Indictment; Therefore according to their Oaths, they were to make true inquiry between our Lord the King, & the Prisoner at the Bar, in the case for which he stood Indicted, and without favour or affection to try the matter, and give their verdict according to their evidence, whether the Prisoner were guilty in Form and Matter as he stood Indicted. This was the sum of the Charge given to the Jury. This being done, E. Bur­roughs in particular was set to the Bar, and three men cal­led by Name for to give evidence (to wit) William Branch, Thomas Glover, and Henry Walker, all of them of the Parish of Mary Maudlyn's Old Fishstreet, all of whom took their Oath according to form, That they should speak the Truth, and nothing but the Truth concerning the matter inquired of them, as God should help them; And having taken their Oaths, they were bid to look upon the Prisoner, and speak what they could say concerning him as to the matter for which he stood there Indicted; Accordingly the first began to speak on this wise, That whereas he being an Officer in Captain Coulchester's Company, was commanded by his Captain on a certain day (being the Sabbath day as he said) to go with three files of Musqueteers to the Bull and Mouth, where the Quakers were met, in Order to break their Meeting as he was commanded; and then and there he found the said people met together, to the number of about three or four hundred, as he might suppose, but justly he could not tell how many, and amongst them this same Mr. Burroughs (said he) now at the Bar, this same person was standing upon a place, and speaking amongst them, speaking, yes, Preach­ing to them in their way, (said he;) and further, he com­manded his party to martch up the Meeting to the place where this Person (now at the Bar) stood, and he bad him come down and cease speaking, but he would not, but made some resistance; whereupon he commanded his men to pull him down by force, which accordingly they did, and then took him out of the Meeting, and he and his men guarded him to Pauls where their main guard was, and he delivered him (this same person now at the Bar) to his Captain, and this I testifie upon my Oath, said he, &c. This done, the second person was called to speak what he could say in that [Page 8] case concerning the Prisoner at the Bar; to which he said, he could say to the same purpose that the person before had testified, That whereas he was one of that partie command­ed to go to the Bull and Mouth where the Quakers were met together, and there they found this same Edward Burroughs now at the Bar, Preaching amongst the People, and accor­ding to command they pulled him down, and took him a­way to their Captain, and this was all he could say. Then the third evidence was called, and he was asked by the Court what he could say in the Case concerning the Priso­ner, his answer was, That he had onely to say what the o­ther two before him had said; That whereas he was one of the party of Souldiers commanded to go to the Quakers Meeting, and there was this man (now at the Bar) stand­ing up and Preaching amongst them, and they pulled him down, and took him away to their Captain, and he had no more to say; Thus the evidences gave witness, and this was the sum of what was said by them all. Then the Depu­ty Recorder asked of them, if they were certain this Priso­ner was the self same man, and how many people they thought were at the Meeting; to which they all answered yes, they were sure this same person was the man, and there might be some hundreds at the Meeting, but how many they could not justly tell.

Then the Court spoke to E. Burroughs, and asked him, What he had to say for himself in this matter he stood there Indict­ed, and had pleaded not guilty, and he had heard the Witnesses against him, and if he had ought to say he might now speak. To which he began to speak on this wise, That he was glad he was permitted to speak in defence of his Cause, and he hoped they would fully hear him in what he had to say; He was no Lawyer, and therefore unskilled in the particular points of the Law, and should not take in hand to proceed as such a one, but in as much as God had given him a mea­sure of Reason, and a property of Justice, and a principle of Equity, to discern of different things, he should make use of the same, to defend the Innocency of his Cause, a­gainst the Charges falsly laid against him in the Indictment; and therefore he desired their patience to hear—but while going on in this Discourse, to moderate the Court, [Page 9] and to prepare their minds for Audience, and that he might come discreetly to the matter; the Judge of the Court stopped him, and interrupted his Speech, and told the Pri­soner, That he must be pertinent and brief, for they had much to do, and could not be held in long discourses.

To which the Prisoner replyed, his Cause was weighty, and desired time of deliberate hearing, in order to sound Judgement; and he now was to plead on the behalf of his Life and Liberty, for ought he knew, it might prove so; but he should (God willing) be as brief and pertinent in what he should say, as the Case in hand would permit; yet could he not be bound up to so many words, nor to such a moment of time; but now he would proceed to make his exceptions, which was as to the Witnesses, that they were not competent Witnesses, for—About this time the Judge interrupted again, and asked the Prisoner, What Countrey man he was; To which was replyed by the Prisoner, Let the Court take notice (said he) how that but a very little before, thou desired me to keep close to the matter, and to be pertinent to the purpose, and now thou hast in­terposed a question altogether by the businesse, to lead me from the occasion in hand, and as it were, to pervert my speech from what I was going upon, and this is not very fair; at which words the Judge seemed highly dis­pleased, to be so taxed in the Face of the Court by the Pri­soner; and told him, It was not fit for a Prisoner to give such words at the Bar, and the reason why he asked him his Name, was because he had said, he knew not the Laws of England, and therefore could not tell whether he was an English man, for every English man must needs know the Law of the Land; To which E. Burroughs replyed, he onely said, he knew not the par­ticular points, or every particular point of the Law, and not that he knew nothing at all of the Laws; and as to his Countrey, he had been for the most part at London for this divers years, and did pertain to this City; and desired he might be permitted to go on in his defence of his cause, and to shew his exceptions against the Witnesses, which the Court gave him leave to do: And then he did assert, that the said persons were not competent Witnesses in this Case, and therefore their evidence ought not to be taken, against [Page 10] him, for they were a party against him, and not indifferent men, and they could not Justly and according to right, be both Party, Prosecutors and Witnesses against him; That they were a party, it was manifest by their own words; in as much as they had testified, they took him so and so, in the capacity of Souldiers, by force of Arms, which was not by due prosecution of the Law of the Land by civil Officers, by Warrant from some Civil Magistrate, or by Constable, &c. And the Prisoner further testified in these Words, That these men who now appeared against him as Witnesses had themselves violated the Law of the Land, and done vio­lence unto the Laws and Government of England, in that by force of Arms, and not by due processe at Law, they had seized upon his person, contrary to Magna Charta, which saith, No man shall be taken, or imprisoned, or disceized of his freehold, but by the Law of the Land; And also the Kings late Proclamation, of the eleventh of January, 1660. (which then he held in his hand at the Bar) wholly prohibiting such manner of seizing upon mens persons as he would shew them, by reading the very words of the Proclamation if they would permit him; and therefore, in as much as these three Persons now witnesses against him; had done thus contrary to the Law of the Land, and against the very form and force of the Kings Proclamation, in apprehending and imprison­ing of him by force of Arms, by reason of which they were liable to an Action at Law, if he pleased to bring it against them, for such their illegal seizing upon him, and this both the Court and Witnesses themselves knew might be done, and therefore to Justifie themselves in such their unjust Action, and to save themselves from what danger they were liable to for the same; they did now come witnesses against him, and their now giving Testimony against him was to their own advantage, and to justifie themselves in wrong doing, and to preserve themselves from that danger which might justly come upon them; And upon this reason he did except against them as not indifferent men, nor competent Witnesses against him in this Case,—Hereabout the Judge spoke to him, and told him this was not to the businesse, and he must be short, for they would not suffer him to make such a flourish before them, nor to Preach and Prate to [Page 11] them in the Court, and he must prove, That these men had seized upon him contrary to Law; to this purpose he spoke, and seem'd to be much offended at what the Prisoner had spoken.

To which E. Burroughs again replyed, That these three persons themselves had out of their own mouths proved what he said, they had told the Court, how they were sent in files of Armed men, and how they seized upon him by force thereof, and led him away Prisoner; and they had neither lawful Warrant from any Justice of the Peace, nei­ther was there any Constable came with them, which he did assert was an illegal apprehending of him, and contrary to Magna Charta, and he would but read the words of the Kings Proclamation to them (which he still held in his hand for that purpose) and that would make it more plain,—Hereabout the Court stopped him again, and denyed him Liberty to read the Proclamation, saying, that was nothing to the purpose, and the Judge said, He should not over-rule the Court, and do not ye see (said he) how he flourishes, and he would delude all the people, take him away Goaler, he must not be suffered to speak thus; Then some at­tempt was to take him away by force, but it was not then done; But the Prisoner kept close to his matter still, telling the Court and Jury, that these men were not fit persons to witnesse against him, in as much as they had so unjustly and illegally taken him, &c. without any warrant from any Ju­stice of the peace, or due process of the Law of the Land, &c. Hereupon Alderman Brown stood up, and said, He would justifie their taking of him, and some say, he was heard to say on the Bench, he sent them to the Meeting to take him, and it was lawful enough, &c. And Alderman Adams said, that seeing Sir Richard Brown had sent him to Prison, and sent his men to take him, it was Lawful; for, Sir Richard Brown was a Justice of the Peace; To which the Prisoner replyed, That though Alderman Brown was a Justice of the Peace, yet in the capacitie of Major General of the City Regiments, he sent his Officers and Souldiers to take Friends at their Meetings, and not in the place as he was a Civil Magistrate, for then he might and should have sent his Constables, or such Persons, by Warrant under his hand, and not rude Souldiers in such a war like posture; and therefore his be­ing [Page 12] apprehended by these persons that had witnessed against him in the capacity of Souldiers, still made it appear, they were not competent witnesses in this Case against him, for they were a party, and violaters of the Law themselves, &c. Here again the Court interrupted him, and the Judge told him, That their evidence was good enough, and that if they had wronged him, he had his liberty of the Law against them, and might do what he would in that case, but their evidence the Jury might take; To which was replyed again by the Prisoner, that if their evidence was taken, and he thereupon brought in guilty, and so condemned, and upon that cast into close Prison there remaining, how should he be capable to help himself in any prosecution of the said men, if he had a pur­pose thereunto, and also the Judgement of the Court a­gainst him upon their evidence, would justifie them in what violence they had done against him, and therefore now on­ly was the time for him to except against the insufficiency of the men and their evidence, or else never; And there­fore he desired the Court and Jury to consider the matter well ere they determined it, and also affirmed that he had Law and Reason and Truth of his side, and if they brought him in guilty it was not justly done,—Here again the Judge interupted and said, He was not to be suffered to prate in that manner at the Bar, and cryed take him away, we will not hear him; and he would delude all the People, and he should not over-rule the Court, &c. And hereupon he was taken by force from the Bar, and then he cryed out he should appeal to the Mayor of London for fair dealing in his Tryal; and will not the Court hear, will they not hear me in defence of Truth? whereupon the Mayor stood up, and called to E. Burroughs, and desired him to speak moderately and not offend the Court; To which he made answer, he was never yet reputed an immoderate person, and he spoke as moderately as his Cause would permit, and desired not to offend any; now the reason of the Court being offended, was at the manner of the Prisoners discourse; which was with a force over them undauntedly and confidently, and so boldly as if he had not been in the capacity of a Prisoner at a Bar, and sometime acting with his hands stretched out, and his arms abroad, appealing to the whole people to justifie the truth [Page 13] of what he spoke, and tis supposed that for such cause, the Judge and Court took offence at him, for they said often, he was peremptory, and such like.

But after a little stop, the Prisoner began to speak to the matter again, still urging the Court and Jury, that the Witnesses were altogether insufficient persons, and told them, he would once more lay it before them, and then leave it to their considerations; Then the Judge interrup­ted, and said on this wise, telling the Prisoner that he had nothing to say, but to these two things; First, Whether he could prove by Witnesses upon Oath, that he was at any other place that day and time mentioned in the Indictment, if he could do this, his Witnesses should be heard; Or secondly, If he was at that Meet­ing, then to shew some lawful Warrant, by the Authority of the Land, for his so being, if he could do either of these, it would be heard, and might avail him, else he had nothing to say, and the Court would hear no other matter.

To which E. Burroughs replyed, He should now cease his Plea of the insufficiency of the Witnesses, and leave what he had said to the Jury, and commit it to their Consciences, and also should now proceed to the Matter contained in the Indictment, for he had not yet spoken to that, and he had much to say, to shew the falcity of almost every line in it, and he had a Copy of it there in his hand for that purpose, to plead to it; And first of all he should move this to the Jury, as to state the point directly to them, whereupon the issue of the Case lyeth, as thus; The Case to be sought in­to and determined by the Jury is not (saith he) whether I was at a Meeting at all; but whether I was at such a Meet­ing for which I now stand indicted (that is to say) Such a Tumultuous, Riotous Meeting, by force of Arms, &c. This is the point determinable, for (said he) I confess in my judgement, I own this Practise of Meeting together for the Worship of God, and I my self have been at hundreds of such Meetings,—To which Richard Brown quickly re­plyed, So shall you never be at any more; but said the Prisoner, I never was in all my dayes at any such Meeting as is menti­oned in the Indictment, and for which I am now upon my Tryal, and therefore (said he) I desire that the Jury would observe this very thing; and in Conscience upon their [Page 14] Oaths Judge upon this point, whether they find not whe­ther I was at a Meeting, but whether I was at such a Meet­ing for which I now stand upon my Tryal, specified in my Indictment; and this I shall leave with the Jury, said the Prisoner.

To which the Judge replyed, That he had said lately, he knew not the Points of the Law, but now he had found out a strange Point, but it should do him no good, for the issue lay not there, but if he was at a Meeting, it was sufficient; and Richard Brown also said the same; and therefore said the Judge, If ye have any thing as to the two particulars I have mentioned, ye shall be heard, but nothing else will we hear.

After a little stop, E. Burroughs spoke again to the Court, and told them, That this common Law (which they had said was not written) but lay in the Breasts of the Judges (this was said both then and the Sessions before) he was not well knowing in, neither the extent of it, nor the penal­ties of it; but the Parliament had lately made a Law in par­ticular on purpose against Meetings, and it might be sup­posed that their intent was by that Law, to abate the force of all other Laws, which might any wayes take hold upon any for Meeting together; and the occasion of that Law lately made was on this wise; The King at and since his late coming into the Land, had made divers promises to us for the tolleration and allowance of Liberty of Conscience, which promises they might expect the fulfilling of,—Here the Judge again interrupted and told him, He should not be permitted to speak on that wise, nor to over-rule the Court, and they could have no longer patience; and he spoke somewhat to the Jury, telling them, they had heard the Witnesses against the Prisoner, and they might pro­ceed, and cryed, Take him away Goaler, which accordingly was done, and they pulled and haled him by force from the Bar, though the Prisoner kept on speaking, and desired that the Court would hear him yet a little further, for he had not done, and he should offer both Law and Reason a­gainst the Indictment, and he supposed it was his right by the Law, to speak the last words to the Jury (in the mean time of this Discourse, the Keepers were haling of him [Page 15] from the Bar) and it was a hard matter (said he) not to be permitted to speak for himself in his Cause, now when his Liberty was at the stake, and his Life too it might be, for Alderman Brown had threatened him so and so as they had heard, and he knew not but that it was to destroy him, and therefore of right he claimed liberty to plead his Cause to the Jury, who were his onely Judges in matter of Fact, and not the Court,—At which the Court seemed of­fended; but by this time the Prisoner was haled quite away from the Court, and set by, and not suffered to speak one word more to them in defence of his Cause.

Then next of all were set to the Bar some persons more of them People called Anabaptists, and their Indictment was read to the Jury, and a Person was called to Evidence a­gainst them, who testified upon Oath, that the Persons there Prisoners at the Bar, were at such a day and in such a place met together, and he was one of the Party sent to appre­hend them, which accordingly was done, and these were the very Persons; and this was the sum of the Evidence given against them. Then they were asked one by one, what they had to say for themselves? To which one of them answered, He had little to say but what had been said by the person last at the Bar; and he for his part saw that they would not hear Reason, and he thought they were purposed already to do what they would, whatsoever could be said; which the Court took as some reflection upon them, though by the effect it was proved true, That they intended to keep them in Prison, whatsoever their Cause should appear to be in the Trial: Another of them an­swered, As for meeting together to Worship God, it was his judgement so to do; yet their Meetings were peaceable, and not unlawful nor tumultuous; and to this purpose most of them answered, onely one Person told the Court, he confessed he was at their peaceable Meeting, and it was his judgement and Conscience to meet together among his Friends sepa­rate from that Publick way of Idolatrous Worship set up; at which words the Court took great notice, and was much offended, and Alderman Brown cryed to the Goalers, Take him away and lay him up, for he shall be tryed for his life for those words; they are seditious words, and he shall be tryed for [Page 16] his life for them; and the Court cryed, Take him away, which accordingly was done, and he sent into the Goal a­gain: This is the substance of what is remembred concer­ning them, onely they pleaded much there was but one Witnesse against them, and they ought not to be Condem­ned by one Witnesse; and thus much shall suffice, for 'tis supposed some of themselves may make a more exact Rela­tion of the particulars concerning themselves.

The Court and Jury having heard their Defence, or at least a little of what they had to say for themselves, they were set by; and next were called about twelve Persons more of the People called Quakers, and set to the Bar, and their Indictments read to the Jury; Then a Person was cal­led to give Evidence, who when he had sworn, said, I am now upon my Oath, and do testifie that I saw all these per­sons at a Meeting at a House in Tower-street on such a day, we being sent (said he) by our Captain to that place, a party of Musqueteers went to that House, and we found them met together, and one Preaching among them, and we seized upon them and brought them away, and these are the Persons, and this is all that I can say, said the witnesse; Then the Judge said he must mention in particular by poin­ting at each man in particular, and say that he saw him there; to which the Witnesse said, he had their Names in a Paper, and he would look upon that, for he might not know all their Faces, and these mens Names he thought he had there, and looking upon his Paper, he said, The 27th day of May these persons were taken out of a Meeting, and he himself was one that took them, &c. Upon which one of the Prisoners, an antient man, Robert Craven by name, look­ed upon the Witnesse, and asked him in these words, Didst thou see me there at that Meeting? and the Witnesse being a little struck in his Conscience, said Nay, I did not see you there, though before he had said upon Oath he saw them all there: Also one William Newill asked him also if he saw him there that day; and the Witnesse said Nay, he did not see him there; yet presently afterwards said he did see him there; which put a damp upon the Court, perceiving the Witnesse so to contradict himself, in saying and unsaying, and stammering as he did very confusedly; and the Auditors [Page 17] hissed at him, and some whispered shame that such a mans Evidence should be taken against honest men. And another of the Prisoners moved the Court to take notice of the false­nesse of the Evidence in this particular, whereas he had said it was the 27th day of May that the Meeting was at which they were taken, and the Indictment signified the 25th day of the Month, and here was a contradiction be­tween the Indictment and the Evidence, and desired the Court and Jury that they would take notice of it; To which the Judge replied, speaking to the Jury, There was seemingly some colour of Exception against the Witnesse to make void his Evidence from that mans Exception, yet there was little in it for them to take notice of, for if it was the five and twentieth day of the Month as specified in the Indictment, then it must needs be the seven and twentieth day, for the Law (said he) supposes the Fact to be done the 25 day, and every day since, and so the 27th day; and thus the Judge of the Court (viz.) the Deputy Recorder in divers other words to this effect, seemed to justifie the E­vidence that was so false and contradictory and unsound, as was manifestly apparent to the whole Company that were then present, who did many of them well observe how Ju­stice and true Judgment were turned backward, and Truth and Equity could not enter, but whatsoever poor mens Case appeared to be in Trial, and how innocent soever they were found, yet it appeared the Court was resolved to go on against the Prisoners, and to send all back to Prison a­gain.

Another of the Prisoners being asked by the Court what he had to say? He answered, that the Witnesse had sworn falsly, 1. In that he had said he saw all the Persons named in the Indictment at that Meeting. 2. After he had so said upon his Oath, yet he confessed that two of them he saw not there. 3. In that he had said there was one Preaching among them when they were taken in the Meeting, this was a Lye. The Mayor spoke to the Prisoner, and bad him Confesse he was at the Meeting, and he should be dealt fa­vourably withal: To which the Prisoner replyed, I am not guilty of being at such a Meeting as is mentioned in the In­dictment, but meeting together in the fear of God for his [Page 18] Worship, I own and am content to suffer for, if it be the losse of my natural life; but the Witnesse (said the Pri­soner) hath sworn falsly, and he that will swear will lye, according to the proverb; and he bad the Jury do in the case with him, as they would be done unto.

Another of the Prisoners looked upon the person, who Witnessed against them, and he asked him, Art thou sure thou saw me at the day and place at that Meeting; The wit­nesse answered, Yes, I am sure I saw you there; and said the Prisoner again to him, And didst not thou then see also how Richard Brown did beat me, and kick me, and strike me under the Chin when I was before him at his House the same time I was sent to prison, which was a shame to any Magistrate to do so with any if never so great a malefactor; Well, but said the Prisoner further, I confesse (said he) I was at that Meeting, as my duty to God it was so to be; and I am perswaded the time will come, and that I shall live to see it with these same bodily eyes, that we shall meet together at that place, when you will not be there to disturbe us. At which words the Court seemed not to take much notice, onely the Judge told the Prisoners, and partly directing his speech also to the Jury, That there was nothing to be said by the Priso­ners, that the Court or Jury could regard, as matter of weight on the Prisoners behalf, saving the two things be­fore-mentioned, (to wit) First, Whether they could prove by good evidence, that they were at any other place that day and time mentioned in the Indictment, if this could be done, they should be heard. Or, Secondly, if they were so met together, then to shew some lawful war­rant for so doing, by the Authority of the Land; to either of these two things they should be heard, else not to say any more, for they would not hear them; to which some of the Prisoners began to say somewhat, but were not permit­ted by the Court, and then the Goalers took them away and set that Company by.

Then was called to the Bar about 8 or 10 Persons more of them called Anabaptists, and their Indictments were read to the Jury, and a Person called and Sworn to give Evi­dence against them; who gave his witnesse on this wise, That whereas he was Commanded by his Captain to go [Page 19] with a party of men to Beech-lane, where they were inform­ed these People were met together; accordingly he and his Party marched to that place, where he found these Persons now at the Bar in a Meeting, and such a one of them Preaching, and he and his Souldiers did take these men out of the Meeting, and brought them away to the Guard; and this was the summe of his Evidence: Then the Prisoners were asked by the Court, what they had to say for themselves. To which some answered, the Indictment was false every line of it, and as many lies in it as lines, which the Court seemed offended at; Another of them said, that for his part he saw it was to no purpose to say any thing, for they would not hear Reason, and there­fore he should be silent; Another said, That whereas it was said in the Indictment, they were met together by force and Arms, This was false, for they were neither in force nor arms, to which the Judge replyed on this wise, That was onely matter of form in Law, in that it was said, by force and Arms, and the Law supposed, that whatsoever act or thing was done contrary to the Law of the Land, it must be concluded by the Judges of the Law, that that Act and thing was done by force and Arms, because contrary to the Law; Thus the Deputy Recorder Howel, the present Judge of the Court, spoke to satisfie the Jury, as if that notwith­standing every word in the Indictment was not absolute true in the plainest sence, yet one way or other by such gloss and interpretation it might stand true; but how this could satisfie the Jury-mens Consciences, I know not, for I perfectly observed, that the charge to the Jury was in these words, to make true enquiery whether the Prisoners were guilty in form and matter of the Indictment; but in the proceedings, the form is made nothing; for Richard Brown divers times said, If they were at a Meeting, if this was proved it was enough; and it appeared to be the Judgement of the Court also, that if the Prisoners were proved to be at a Meeting, and a Meet­ing under pretence of the Worship of God, whether such Meeting was peaceable or with force of Arms, it was not material; if they were Meetings either under pretence or really for the Worship of God; Tavern Meetings, and Play-House Meetings, and Whore-House Meetings were not In­ditable, [Page 20] at least no mention was made against the evil of such Meetings at that time, but onely where they met under pretence of the Worship of God; if so, and that this was seemingly proved, it was enough for the Jury to find guilty, and the Court to Sentence; Well, but to return again to the present matter, The Judge spoke to the Witness, and asked him if he was sure that these were the persons that were ta­ken at the Meeting, and he might point to them particular­ly, and say, He saw this man, and this man there; To which the Witness replyed to the Mayor and Court, My Lord (said he) I do not remember the faces of all of them, nor do I know them by Faces, but I have a list of these mens names, (and looked upon it) said, these mens names I have which were taken at that Meeting, &c. The Court made a little stop, thinking this was not a very perfect evidence, and ma­ny people were seen to wag their heads in contempt of such doings, and that such evidence should passe; for it may be truly considered, that though he had such Names in a list, yet there are many and divers men in this great City of one and the same name, and what evidence could that be against persons whose faces he did not know nor remember, as himself said, let honest men judge in the Fear of the Lord; Well, but the Prisoners excepted against the Witness, and because but one Witness; mentioning that Text, some of them, that under the mouth of two or three Witnesses every thing should be established, much objecting against the insuffi­ciency of one Witness, but that had no entertainment with them, onely the Deputy Recorder, spoke to them, as he had done to others before them, That they had nothing to say, saving to the two things before mentioned; First, Whe­they could prove they were at any other place that day, and not at that Meeting for which they stood Indicted; Or Secondly, If they were at that Meeting, then what Warrant by the Authority of the Land they could shew for their so Assembling together; If they could say any thing on this behalf, they should be heard.

To which one of the Prisoners replyed to this purpose, that the King had promised Liberty to tender Consciences, and to him in particular he did promise at such a time that they should have their Meetings quietly, if they would live peaceably; The Court took little notice of what he said, [Page 21] onely asked if he had any Witness of it, the Prisoner then said, not present here, but mentioned one of the Howards, that was then present with the King when such promise was made; and also the Prisoner said, 'Tis a general Maxim concerning the Law, That no man whatsoever can dispence with any Law of God, nor no Authority ought to command any thing, contrary to the Law of God, and I am sure (said he) our Meet­ings are according to the Law of God, and desired to ask the Court a question, and they gave him liberty. I desire to know (said he) whether the Laws of England, be contra­ry or according to the Laws of God. The Judge answered, That the Laws of England were according to the Laws of God, God forbid else (said he.) To which the Prisoner replyed, Well then (said he) If the Laws of this Land be according to the Laws of God, as ye say they are, then we have sufficient Warrant for our Meetings, from the Laws of the Land, because our Meetings are according to the Laws of God, and justified thereby; and being warranted by the Law of God, we are Warranted by the Law of the Land also, if they are agreeable, and not contrary one to the o­ther, as ye say; And said he, ye may read in the Scripture, that the Apostles met together in an upper Chamber, both men and women; and at another time were met together, to the number of 120. persons.—Hereabout the Court stopped his Discourse, and would not suffer him further, and told him, That was in the infancy of the Gospel, and the Rulers were then Heathen, and persecuted the Christians, &c. Not much more the Prisoners were suffered to say that is now remembred, but all taken away from the Bar, and the Judge spoke to the Jury on this wise, That they had heard the Matter, both what the evidence could say, and also what the Prisoners had said, and now they might proceed; and the Jury arose up off their Seats, and went out to seek their Verdict, and as they were a going, E. Burroughs spoke to them, and told them, he hoped they would be more just, then to passe upon him, and not hear him first to the utmost of what he had to say, as they knew he was not permitted to speak for him self, what he would have done in defence of his Cause.

Well, the Jury staid out about half an hour, and returned [Page 22] to their Seats at the Bar; and the Clerk asked them if they were all agreed? they said, Yes; He asked them who should speak for them? they said, their Fore-man; Then the Prisoners were called by name, E. Burroughs the first, and set to the Bar, and the Clerk bad the Jury look upon the Prisoner, and give their Verdict, whether he was guilty or not guilty of the Fact whereof he stood Indicted. The Fore-man answered, Guilty. Thus they did by all the rest, and every man was returned Guilty by the Jury, save Rob. Craven and W. Newil, about whom the Witnesse made such a stammering contradiction, as before ye have heard; and one of the Prisoners at the Bar, when the Jury pronoun­ced him guilty, he made answer in these words, I would not (said he) for a hundred pounds, but be found guilty of Meeting to­gether to Worship God. When the Jury had pronounced the Prisoners guilty (in the very time of doing it, came Sir Or­lando Bridgeman on to the Bench, and sat down) E B. spoke to the Court, Saying, He desired to know the Names and places of the Jury-men, and of the three persons who had given evidence against him; and he desired them three might be there the afternoon, and he should prove them false Swearers, as he could have done in divers particulars. And also spoke aloud to the Court, That he should appeal to Judge Orlando Bridgman for better Justice, and should move him and the Court the afternoon in arrest of judge­ment, for he would have the matter heard over again.

And he spoke to divers of the Jury-men, telling them, They had done injustly, and while he had a Tongue to speak and a Hand to write, he should not spare to shew their un­equal proceedings, who had condemned him, and not heard him to the utmost. It was observed by a Person in the Court, after all the Prisoners were gone, that some of the Jury spoke to the Court as they were passing away, that E. Burroughs had threatned them; What should they do? An­swer was made to them, Do not heed what he saith, for we will stand by you, and more words to the same effect, which the Informer could not well hear nor remember; and what may be judged of this by wise men, but that there was an agreement between the Court and Jury against the Pri­soner.

[Page 23] The Court immediately adjurned till after dinner, and all the Prisoners were led and driven back to New-gate a­gain

The Afternoon of that day none of the same Prisoners were had down to the Sessions, but some others were of the same People, in order to Trial; and some were tryed, and others were called over, but no man appeared as to Accuse them, nor Witnesse against them; so the particulars that passed in the Court that afternoon, we have not yet had a Relation of, and so in this place must passe it, and passe on to the proceedings of the Court the next day, which was as follows.

In the Morning early, all the said Prisoners that had been Tried the day before were had down to the Court, and also Four Women that had been taken at the Bull and Mouth about a Week before, who were the first Called, and their Indictments read for being at an unlawful and tumultuous Meeting, &c. as they say; and it was demanded of them, Guilty or not Guilty? to which the Prisoners pleaded af­ter some few words betwixt them and the Court, Not Guilty; then they were set by. Next was Called E. Bur­roughs and set to the Bar, and so after him every man by Name was called and set to the Bar that had been tried the day before; and the Clerk of the Court read a Paper, which pronounced every man Fined so much, some more and some lesse as the pleasure of the Court was; when they had read all over each man fined so much, and to lye in Prison till payment.

E. Burroughs spoke to the Court, and told them, He had not heard his Sentence; the Clerk told him over again, he was fined one hundred Marks, and must lye in Prison till payment. To which he Replied again, he looked upon this way of passing Sentance, not to be just, nor yet according to their own Custome; for he expected they would have asked him (according to their usual manner in that case) what he had to say for himself, why Judgment should not passe, for he had much to say on that kind, and bad the Court re­member that yesterday he moved them and Orlando Bridg­man, one of the chief Judges of the Land, in arrest of Judgment, and did now again move the same, and that [Page 24] Judgment might be staid for a time, till the next Sessions, or if they would not give him time till then, then but till the afternoon, he desired to arrest Judgment, and in that time he would produce divers Statutes contrary to the Form of which these proceedings towards him were; He said he was no Lawyer, and therefore could not now nomi­nate to them the particular Chapters of the Statutes which he desired to insist upon, and therefore desired time till the next Sessions, or but till the afternoon. Alderman Brown made answer and told him he should have time; but the Recorders Deputy (Judge of the Court) told the Priso­ner he could not have longer time, they could not admit it: To which E. B. replied, If they would not give him time in arrest of Judgment, then they denied him both Law and Equity; for themselves knew it was very usual in many Cases for Persons after Verdict given in, to have time al­lowed them in arrest of Judgment, and particularly him­self had once at a certain place a false Verdict brought in against him, and he did move the Court at that time in ar­rest of Judgment, and it was allowed him by Sergeant Hatten, who was then Judge of that Court, and he hoped he might have the same now.

To which the Judge Replied, He knew Sergeant Hatten well, but his practise was no example to them, for do you think (said the Judge to the Prisoner) that we can give you time for you to take the Indictment and Consult with Lawyers, and seek this occasion and the other against it, this we will not do (said he) but if ye have any matter or point of Law now to move we will hear you, but we shall give you no longer time: To which E. B. again Replied, Then he should say it was a surprizal of Judgment, and very hard to be so dealt withal, not to have time till the after­noon, that he might give in his Exceptions against the false Verdict brought in against him; and what if he had a mind to Consult with any Lawyers in the Case that knew the particular points of Law better then himself; why should he not do this, his Fact was not so Criminal, nor of so large extent, but that the Law would allow him Counsel if he had a mind to use it, for if he were Attaint­ed of Treason (which his present Case was not comparable [Page 25] too) yet in some cases of Treason, he thought the Law would allow Counsel, and therefore he knew not why such exceptions should be made against him, as if he could not be admitted Counsel in his Case, if he had a mind to use it; Hereabouts the Judge interposed, and told him, He should not be suffered to over-rule the Court, and (said he) Ye think to over-rule the Court to day again; And do not ye see how he flourishes, I tell you (said he) ye must not have time lon­ger, but if ye have any matter now to except upon, we will hear you, or tell us what point ye would insist upon if time were given you. To which E. B. Replyed, It was but yester­day since he was Tryed, since which time, he had scarce opportunity throughly to consider and state the Matter, for he was with many more of his Friends, thrust up into such holes, and so thronged together, that he believed they would hardly suffer their dogs to lie as they were forced to lodge, and therefore he desired a little more and better time, to look over the Statute of Magna Charta and other Statutes, which he should peruse in the Case; and for one thing first of all, he should insist upon the Matter and man­ner of his being Illegally Apprehended, and by force, and not by due process at Law brought to his Tryal, which by the Laws of the Land ought not to be; and this is clear from Magna Charta, said he, which saith, No man shall be Imprisoned nor deseized of his free-hold, but by the Law of the Land, and if any be apprehended and brought to Tryal, and not by due process at Law it shall he holden for nothing; The Judge made Answer, he was mistaken, this was not said in Magna Charta, though the first part of the words are, but the second part of them for substance, is in a Statute of Edw. 3. Further the Judge said, They could not hear him any longer, and they would not give time, and he should not be suffered to prate there, and seeing (said the Judge) you are so peremptory and stubborn, the Court takes notice of you, and thinks good to add upon you this Sentence further; Ye are also (if ye do pay your hundred Marks) to find sufficient sureties for the good behaviour before ye are released, and take him away Goa­ler.

Then E. B. spoke aloud to the Court, and appealed to the Mayor of London by Name, and to Alderman Adams, [Page 26] and Alderman Brown by names, is this fair dealing said he, to deny me Law and Equity at the bar? and I appeal to you to do me right, and to let me have time, before Judgement be passed, that I may shew you my Reasons grounded up­on the Laws of the land against the verdict given in against me; and said he, Alderman Brown thou hast promised me I shall have longer time, fulfill thy promise to me, what wilt thou go back from thy word on the Bench? Let all take notice, I am denyed Law and Custome at the bar, if ye deny me this motion of Arrest of Judgement. Then Alderman Brown spoke to him in these words, This is all ye shall have, and print it (said he) if ye will through the Land; To which E. B. again replyed, that he was no very great Printer, yet he thought it his duty to publish these things to as many as he could, that all the World may know the Proceedings; in the mean time the Court cryed take him away, away with them all Goa­ler, and then they began to hale them all away into Prison again; and as they passed away, some of the Prisoners told the Court, that the Lord would remember them in his day, and render unto them according to their doings, and the hand of the Lord was lifted up, and would deliver his people from all their ene­mies, &c.