ON the first day of the week, and 29th. of the 4th. month, 1662. At the Bull and Mouth there came in a band of Souldiers with Swords and Musquets and other Weapons, [Page 17] and they used not a little cruelty with wild, violent actions against the peaceable, innocent and harmless people of the Living and True God, that in quietness and Gods reve­rence and fear were met together; but the Souldiers with much rage did handle them roughly, and tossed their bo­dies unhumanly up and down from place to place without mercy to either Men, Women or Children, and so they drove them forth of the meeting Room, and they carried me [who resisted not evil but gave place to wrath seeing it was so] together with four more to Pauls Yard, where for some hours we were kept in hold, and from thence sent to Newgate, without appearing first before a Magistrate, and in the said Evening we were set forth with Souldiers and had before Richard Brown, to whom I spake these words in the gentle meekness of Christ, saying, Let the fear of God and his peace be set up in thy heart, but he made light of the same and laught, and said he had rather hear a dog bark, with much such like scoffing terms; He charged me with the breach of the Kings Law in meeting together, I said on this wise, The Servants of God in the Apostles dayes were commanded to speak no more in the Name of Jesus, and they answered (and so do I) whether it be bet­ter to obey God or man judge ye; and the matter con­cerning the three Children and Daniel, that with stood the decrees of Kings in such like cases of conscience to­wards God, I also spake before him, but oh how he sport­ed himself in lightness and folly and cruelty, whilest he sate commanding to smite and buffet me on the face, and a­bused me before him which they did not cease to do in his fight; Four or five times they haled me to the ground and abused my body at their feet, and smote me with wicked fists, and rung my neck so as if they would have murther­ed me in his presence to do him a pleasure, being men as if he had on purpose educated them for such unreasonable and dishonourable service before his face against the inno­cent; Now I seeing that they were not then capable of re­ceiving a word from Gods Counsel, surely my heart was broken, and in the same I cryed secretly to the God of my innocency with tears being grieved for the hardness of their hearts.

And after the same manner (instead of justice and mercy) was my friends oppressed & abused in the house in his pre­sence, and before the face of Richard Brown, who forthwith having neither justice nor mercy to minister, sent us to New­gate Prison again, even as lambs worried with wolves and as sheep for the slaughter; Now I had not been but about 14. dayes arrived in England my own Nation, and to the behold­ers of these proceedings before R. Brown, I said on this wise, if Turks and Heathens were here to see these actions, in the presence of a Magistrate thats called a Christian at least they might be ashamed, if they did not defie and abhor, and blaspheme the God of a true Christians life, because of such bruitish and dishonourable actions and proceedings; But some of the moderate beholders being smitten with tender­ness, drew near and said that they were grieved to the heart to see the same. So after this manner, not only we were taken from meeting together in the fear and worship of the true and living God, but also from prison and from judge­ment; as they have done unto me so will they do unto you, saith Jesus our Lord; and so the Scriptures of truth we witness fulfilled, which turns to us for a testimony, not only against the particular proceedings of R. B. but also against the world, because the deeds thereof are evil, and because of which we also suffer, even for the clear, pure testimony of the truth of Jesus.

And of the 5th. day of the 4th. month were we called to the Sessions, and in the first place the Court ordered and demanded of us to put in sureties to appear at the next Ses­sions or go to prison; when they had read their inditement, nor any witness appearing against us, save R.B. on the judg­ment Seat, and when I demanded to see the Inditement first, and thereby to convince us of doing either good or evil before the people, which the Magistrates upon the judgement seat ought to have done, (as I in the fear and authority of God demanded) albeit as to my own particular, together with many friends more we were well satisfied in well doing and guiltlesness in the answer of a good conscience, then it was answered there was no inditement, and therefore the Oath was immediatly tendered to us as a snare, for so much [Page 19] as they knew that we could not swear at all either for or a­gainst our selves or any man, and therefore committed and hurried away to Prison again, there to abide without bayle till we swear, as saith the Callender, and therefore a child that hath but the least spark of a clear understanding may see what Justice and Judgement is brought forth by R. B. whether good or evil, let all the upright in heart Judge.

HAving heard in the former part of the Tryal of the same Friends aforesaid, and also of the apprehend­ing and imprisoning of us, and what violent usage we have endured in our Meetings as is before declared by armed men and rude Souldiers and Military Power which is illegal and directly contrary to the ancient Laws of the Land, and to the Kings late Proclamation of the 17th. of Jan. 1660. which expresly prohibits all Officers and Souldiers to ceaze upon, molest or trouble any of the Kings Subjects, unless it be upon a suddain and actual Rebellion and Insurrection, and by the same Proclamation they are charged and com­manded in these words, that no Officers nor Souldiers do presume to apprehend or secure any person or persons, nor to search any houses without a lawful Warrant under the hand and seal of some one or more of the Lords of the pri­vy Counsel, or Justices of the Peace in their respective Li­berties; And we will that the said Warrants be directed to [Page 21] some Constable or other known Legal Officer; and that no Souldiers do otherwise interpose or medle with the executi­on of any of the said Warrants then by assisting of the said Constables, and we do hereby declare that all those who shall hereafter be so hardy as to offend against this our Proclama­tion shall not only now receive countenance from us there­in, but shall be left to be proceeded against according to our Laws and incur our high displeasure, as persons doing their utmost to bring scandal and contempt upon our Govern­ment, &c.

But this manner of proceedings of the Major General, his Officers and Souldiers is contrary hereunto, as also unto the Statute of Magna Charta, 9. Hen. 3. Chap. 29, & 2 [...]. Ed. 3. chap. 4 & 28. Ed. 3. chap. 3. 42. Ed. 3. chap. 3. Which ex­presly sayes [No Free-man shall be taken nor imprison [...]d, or be disseised of his Free-hold or Liberties, but by the Law of the Land; None shall be imprisoned unless it be by the Law of the Land, and it is established that from henceforth none shall be taken by Petition or Suggestion, unlesse it be by Indictment or Presentment of the good peo­ple of the same neighbourhood, in due manner, or by process made by Writ Original at the Common Law; Nor that none be put out of his Franchises, unlesse he be duely brought in answer and fore-judg­ed of the same by the course of Law, and if any thing be done against the same, it shall be redressed and holden for none. No man of what estate or condition soever he be, shall be taken and imp [...]isoned, nor disinherited without being brought in answer and due processe of the Law, &c.] Let the Statutes at large be read, and fully compared with the proceedings of Richard Brown, and then let all wise men judge, whether it is we or he that are trans­gressors of the Laws of the Land. I say,

By all which it is apparently manifest, that the manner of our taking, and apprehending, and imprisonment, tis di­rectly contrary to the Laws of the Land, and to the present Kings own intent, signified in his Proclamation before men­tioned; Yet notwithstanding Richard Brown seeming to be a man neither regarding Law nor Reason, but casting behind his back the Ancient Laws of England, hath thus proceeded as aforesaid, in causing to be apprehended and imprisoned about seven score of us, which is also contrary to the Kings [Page 22] late Proclamation mentioned, and were we not of the spirit to forgive our enemies, and desires not to render evil for e­vil to any man, how might the Major General, his Officers and Souldiers be dealt withall, who hath thus proceeded contrary to the Laws of the Land, but we rather desire his repentance if his day be not over, and he given up for destru­ction, then to deal with him after the measure he hath dealt to us, onely we can do no lesse then publish these things to the World, and shall leave all sober men to judge of this case between him and us who are called Quakers.

And now here follows some short account of the proceed­ings in general of the Court at the general quarter Ses­sions at Old Baley in London, concerning the Prisoners a­foresaid, who partly expected they should have been prose­cuted upon the late Act of Parliament, being apprehended upon the pretence of the same, though contrary to both the letter and meaning of it, as we should have made manifest if we had been indicted upon the said Act; but as may be supposed, the Court either finding themselves not suffici­ently prepared, for want of due proceedings according to that Act, or otherwise wanting evidence against the Priso­ners, or else having more envy to inflict upon us, then the late Act would give them ground for, either for these or some other reasons the Court seemed to renounce the said Act, and did not meddle with it, nor prosecute it upon us, seeming thereby to render the work of the Parliament in­valid, who had thought good to make his late Act on pur­pose for us.

Yet notwithstanding Indictments were drawn up against about a hundred of us, in form and manner as hereafter shall be shewed; and the twenty eighth day of the fourth month, being the seventh day of the week, about fifty of us were fetched out of the prison by the Keepers, and led down to the Sessions House, the persons aforesaid mention­ed in the former part, being then pleading at the Bar; but no sooner did we appear in the Court, but the Judges on the Bench cryed out away with them, carry them back a­gain, in a strange kind of passionate mood; which accord­ingly the Keepers did, and lockt us up again in the prison, [Page 23] and about an hour after the Keepers came and hurried us out again down to the Court, and being brought into the Court, the Judges looking upon us, cryed again furiously, Away with them, carry them back again, lock them up, away with them, and such like words, which the Goalers did; and thus twice were we hurried to and again, to the astonishment of the beholders, who could not but wonder to see us so led up and down, to and again in so short a space, like as if the Court having enmity enough against us, and could not tell how to inflict it, nor what to do, and this was the onely proceedings in Court towards us that day.

Again the first day of the fifth month, being the third day of the week, we were called to the Sessions again about 80. of us, and placed at the Fellons Bar, many were called by their names in particular to answer to their Indictments; for they were many of them Indicted in form and manner as hereafter is expressed (to wit.)

This is the form of the Indictment verbatim, being on this wise Indicted, sometimes ten, sometimes six, sometimes two, more or fewer as the Clerk had seen good to joyn us together in several draughs of the Indictments, the Indict­ment being one and the self same to all, which Indictment being read, they were called severally to answer (sometimes ten, and sometimes six as aforesaid, according as they were drawn up in the indictments) guilty or not guilty, in Form and Matter, as they were indicted; to which the Prisoners made a pause, and would not answer presently neither guil­ty or not guilty, but began to speak something to the Court, as about the manner and nature of their being apprehended and imprisoned by command of Alderman Brown, by his Officers and Souldiers, with force of Arms, contrary to the antient Laws of the Land, and contrary to the Kings late Proclamation as aforesaid; And some of the Prisoners did insist much upon this, hoping to have had audience of the Court according to justice, and that the Court would have redressed this grievance, of being thus illegally and violent­ly apprehended and imprisoned, some being taken out of their own houses by Souldiers, and some out of the Streets, and some out of their peaceable Meetings, & violently hur­ried to prison without either Warrant from Magistrate or Civil Officer, contrary to the Laws in that case made and provided as before is quoted; These things the Prisoners at the Bar were ready to press again and again to the Court, before they would answer to their Indictments, alwayes cry­ing for justice, & the due execution of the Laws of the Land, but of this the Court seemed to take no notice, like as if there had been nothing of injustice in their being thus apprehend­ed and imprisoned as before is declared, neither were the prisoners suffered to shew at large the manner of their tak­ing and imprisonment, but the Court cryed still, you must plead guilty or not guilty to your Indictment, alwayes pres­sing it upon the Prisoners, to say guilty or not guilty, and would suffer no other thing to be spoken by the Pri­soners, though diverse of them had been taken up [...] [Page 33] out of the street and sent to Newgate by Souldiers, and could no way be supposed to be guilty of the Indictment, but the Priso­ners might not declare any thing of this kind, but alwayes it was pressed upon them again and again to say guilty or not guilty, to which at last seeing the Court would not hear them, many of the Prisoners answered not guilty, of the matter not form of the In­dictment, for it is not unknown to the whole land but that the said Indictment is utterly false, for we can appeal to all sober people, when or where we ever were found to meet with force of Armes, this has never been our practise as the world knowes, and therefore it is a lye and of the Divel who ever chargeth it upon us: and as for our Meetings they have never been tumultuous on our parts, but alwaies quiet and peaceable and in the fear of God and not to the terror of the People nor to the disturbance of the Peace of the King, nor in contempt of the King and his Laws, nor to the evil example of any others, nor against the Peace of the King, his Crown or Dignity: all these things are utterly false we call God, Angels and men to witness, and we leave it to the eternal God to determine the case between us and our Accusers, in the mean time we say woe unto them that makes lies their refuge, God will sweep them away with the Beesome of destruction.

And when it was asked the Court by some of the Prisoners what Statute or Act of Parliament they were indicted upon, the Recorder answered we were neither indicted upon any Statute, Act of Parliament, or written Law, but were Indicted at Com­mon Law, though what or where that Law is, the Nature and Penalties of it, he did not discover as he ought to have done to the Prisoners, some of whom were ignorant concerning the same. And divers of the said Prisoners having pleaded not guilty, demanded a fair Tryal fortwith according to Justice, and that their Accusers might be brought forth, face to face, for they de­sired nothing more than a fair Tryal in the face of that Assembly, (being many hundreds of people present looking on) to which the Court answered, they should not be tryed till the next Ses­sions.

Thus Justice was deferred and delayed, and the Cause of the [Page 34] Innocent could not be heard, and instead thereof the bonds of the poor prisoners strengthned, and increased, though it was told them by the prisoners, that this was a Goal delivery of Newgate, and they sate there by the Commission of Oyer and Terminer, and they ought to hear and determine and deliver the Goale; and it was much pressed upon them for a present tryal, but it would not be granted by the Court, only it was told the Prisoners that if they would give such and such bayl (which could not in reason be done) they might have their liberty till next Sessions, all them that had pleaded not guilty.

But divers of the Prisoners perceiving that they were not to have their Tryal this Sessions, but were only to be sent back to Prison again, and also being surprised with his form of Indict­ment, not expecting but that the Indictments would have been drawn upon this latest Act made against us; for these with some other reasons, they refused to plead at all, onely stood much upon the nature of their being imprisoned contrary to Law, which might very well be insisted upon, seeing it was so contrary to the law and divers Statutes as before is shewed, and seeing the Priso­ners could not be heard, divers of them did refuse to plead at all, and would not say neither guilty nor not guilty, whereupon the Court seemed to be highly displeased, yet the Prisoners were not without some good reasons of refusing to plead in their form, however the Court proceeded to sentence such as mutes, and told them they would take their Indictments pro confesso, and would judge them as guilty of all contained in the Indictment, though the whole Court could not be so ignorant but know that the said Indictments were false, for we never used to meet with force of Armes, nor to the breach of the peace, nor in contempt either of the King or his lawes, as the Indictement signifies; yet notwith­standing the Court did proceed to Sentence divers of our Friends, as mute, and fined them some an hundred pound, and some an hundred marks, and committed them without bayl or mainprize till payment of the said Fines, where they remain at this present, and not suffered to go abroad to look after their occasions, though necessity require it, divers of them being poor housekeepers in, and about this City.

And we perceiving how the Court intended co carry the matters against us; some of our freinds were made to cry out against such proceedings, when they saw our Tryal was to be deferred, and whether we pleaded or not pleaded all was one, to Prison we must goe, and that was their purpose whether we were guilty, or not guilty of what was charged upon us; And one freind in particular called to Richard Brown in these words, telling him; he was not fit to sit there, for he caused the Son to hang the Father at Abing­ton, and so told him he was a Murderer and he would prove it, and bid him Repent with such like words. Now this same person had been a Souldier formerly under Richard Brown at Abington; Hereupon was some disturbance in the Court & they seemed to be displeased at this Charge, whereupon it was commanded that the person should immediately be carried back to Prison, and double Irons put upon him; which was done forthwith, though Richard Brown did not seem to deny the thing in the Court, nor clear him­self from it, though it was very peremtorily charged upon him; at which some of the Prisoners were a little troubled that any such high tearms should be given to any Magistrate upon the Bench (whose place & Office we do respect & honour) and some of them did afterwards speake to the said person that if he had enviously said these words and could not prove them true, he should be deny­ed for it, and disowned, and should bear his own burthen; for they would not justifie any man that should falsely and maliciously speak these words, and to this very purpose one of the Prisoners wrote a Letter the next day to Richard Brown concerning the same, also de­siring to know of him whether the thing was really true or false, signifying if these words were falsely and enviously spoken the per­son should be denyed by us, and dealt withal according to the Judgement of a slanderer and made an example, &c. Which Letter being delivered into his hands, and he perceiving from who it came, immediately tore it in peices whilest the Messenger was present and no other return of it is until this day.

Also on the same day in the Court Alderman Brown behaving himself somewhat unseemly on the Bench at divers times by whis­perings, and deriding of the Prisoners at the Bar, when it was told [Page 36] him by one of the Prisoners how the Souldiers violently hayled him, and bore him upon their Muskets out of the Meeting towards the Prison, (in a very violent abusive manner, dangerous to have spoyled the man) who was not willing to goe with the Souldiers in that they would not shew him any warrant, for their apprehend­ing him as in equity he might refuse to goe not knowing, but that they might be Robbers, or Murtherers, seeing they had no War­rant from any civil Magistrate for what they did in that case; and whilest the freind was making Relation of this at the Bar, Richard Brown made answer to this effect, viz. If they should have dragged him through all the Kennels in the streets, they had served him right if he would not goe; at which furious speech some of our freinds were moved to speak to the said Richard Brown by way of reproof telling him he had many warnings, and visitations in the Love of God but he had slighted them, and he was to be sealed in the wrath of God, and to this effect, &c. Hereupon grew a great disturbance in the Court in so much that one of the Goalors came with his cane lifted up, and struck and beat divers of the Prisoners that were standing at the Bar, not regarding whom he hit, insomuch divers were much bruised by his blows; and this was in the very face of the Court, and some say Richard Brown was heard to say pull him down, others say he said knock him down, but we cannot certainly say whether it was, however the disturb­ance was so great in the Court, and the blows so violent, that ma­ny of the Spectators cryed out, and some said Murder, murder, and asked if they would suffer men to be murthered in the Court, whereupon one of the Sheriffs in person came down from his seat to still the people, and to stop the man from beating the Prisoners, and many cryed out it was a shameful peice of work to suffer poor men to be beaten in that cruel manner in the face of the Court, and the like they had never seen; but instead of reproof, Richard Brown said to the Prisoners to this purpose, that if their were any of them kild their blood should be on their own head, as if it were on pur­pose to encourage the man to beat our freinds; Also the common Hang-man stood among the Prisoners threatning them, with a Gag in his hand ready to Gag any of them that should speak any [Page 37] thing, and so they were resolved against the Prisoners to carry on their purpose against them, and twas their main designe to stop the Prisoners from speaking or declaring any thing of their case to the Court, and this was discerned by the spectators, and it was too much manifest by the Goalers Cane, and the Hangmans Gag, both there ready to stop the mouths of the Innocent, and to affright them by their Instruments of cruelty, which were prepared against the poor Prisoners, that desired nothing but Justice and the due execution of the Law, and that they might be heard to manifest their case and unjust proceedings towards them hitherto, but it could not be obtained.

And having called divers Companies, for they were indicted in several Companies, sometime six, sometimes more or fewer together accord as the Clark judged meet, as before I have shew­ed, this was their proceedings towards them all, they put the Prisoners strictly to answer guilty or not guilty, and would hear no­thing else, and those that said not guilty, they took their plea and promised them a Tryal next Sessions, and those that would not plead they condemned as mutes, and took their Indictments pro Confesso as is before shewed, and sent them all back again to Pri­son as they had called them in particular companies, and before half of them were called over the Mayor left the Bench, he and his Officers and the Sword before him and passed quite away, the Recorder and two Aldermen being lest on the Bench, yet they called over more of the Prisoners and read their Indictments, and proceeded as before against them, notwithstanding the Mayor and Sword (being the Authority of the City) were gone, and these continued about an hour after, and then adjourned the Court till the seventh day following, which was to be the fifth day of this instant, the Court departed and all the Prisoners were carryed back to the prison again, and this is the sum of the proceedings in Court the first day of this month.

Here followes an Account of what passed the fifth day of this Month.

THe Court being come together in Old Bayley, the Prisoners were again had down to the Court, all them who had not been called the day before, and the Court being called and the Commis­sion read, prisoners were set to the Bar and called in divers particu­lar companies, as the day before, and their Indictments read, the same in forme and manner, and also for matter as before is tran­scribed, to which, the prisoners were required to answer guilty or not guilty, and according as they had done the day before, so these would not immediately answer, guilty or not guilty, but de­sired to be heard as concerning the illegal apprehending and im­prisoning of them, having very much to say both from Law and Reason, in that case pressing very hard upon the Court for hearing, but was wholly denyed to be heard any thing but guilty or not guilty, to which at last some answered not guilty, and those the Goaler took into custody again, the Court promising them they should be tryed the next Sessions, and divers of the prisoners re­fused to answer in their terms, for which they were fined as the day before for Mutes, the Indictment taken pro confesso, though divers did in effect plead not guilty: in these words one said I de­ny I am guilty, and I am not canscious, and I can say I am not guilty and non reissum, and such words as these signifying fully in effect not guilty, yet because the very words in the same terms were not expressed, therefore they sentenced them as mutes. So strickt and narrow was the spirit of the Court, that not for want of substance at all or true intent or meaning, but for want of form of speech only were men condemned, and such a fine imposed upon them, and to lye in prison till payment, and particularly one man being called to answer to his Indictement, guilty or not guilty, he stood silent a little time, and did not presently answer, having something from the Lord upon his spirit to speak to them, then Alderman Brown scoffed and said we shall have a Revellation by and by, in a little time the person spoke some words to them in the [Page 39] fear of God saying, How long will you oppress the innocent! How long will you persecute the Righteous seed of God, &c. In which time of his speaking Alderman Brown cryed Aha, Aha, and said will you have any Wallfleet Oysters, and have you any Ki [...]chin-stuffe maids, thus scornfully imitating Oyster women upon the Bench, and presently the person was taken away from the Bar, and also when a prisoner at the bar said he could not for conscience sake forbear meeting among the people of God, it was replyed to him by Alderman Brown in these words, Conscience a doggs tail, Also when Alderman Adams spoke to one of the prisoners saying, I am sorry to see you here, sorry said Alderman Brown, what should you be sorry for, yes said Alderman Adams yes he is a sober man, then Brown replied there was never a sober man amongst them, yes said Alderman Adams he will not be drunk, then Brown replyed, (drunk) it is not matter if they could not eat neither, and thus did Alderman Brown express himself in such terms divers times on the Bench, shewing such passion and fury against the Prisoners at the bar, that the spectators took much notice of him, discommending his carriage exceedingly, who should have been an equal Judge, sitting in the place of judgement, and yet accused the Prisoners, and gave them threatning and deriding language not like the place of a Judge, insomuch that it is beleived that the hearts of all the people were set against him to observe such words and carriages from him who seemed not to have words bad enough to express of the poor prisoners, for at a certain time before, two Bay­liffs being upon their tryal for robbing a house, he told them (being then Mayor of the City) they were the verriest Rogues in England except it were the Quakers, and thus he vented forth himself continually against the innocent.

Thus was the Proceedings that day in the Court, the priso­ners being called in several companies as they was packt up in In­dictments drawn up against them, till such time they were called all over whom they had indicted, for they had not indicted all the prisoners though generally, except some few all were taken from Meetings as before is shewed. And these they called to the bar who were willing to declare their case, and the nature and [Page 40] manner of their taking and imprisoning as others attempted to do, for it was the main weighty matter, that the Prisoners would have first insisted upon and that according to both Law and Conscience, for they had both these on their side to condemne the manner of their apprehending, and imprisoning, and the Prisoners cryed let us see the face of our accusors what have you against us, and what have we done & we desire Justice &c. But instead of this the Oath of Allegiance was tendred to them, Alderman Brown often crying to them (having no Indictment drawn nor any thing against them,) will you take the Oath, hold him the Book, what say you say your hands upon it, will you take it, &c. And thus he said to divers, and the Prisoners desired to reason the case with the Court, and to shew them that it was not a faire not equal way of proceeding, that they should be imprisoned pretendedly upon the aforesaid late Act of Parliament for meeting together, and imprisoned some of them six weeks, and some a month for that cause, and now expected their Tryal, and to see the face of their Accusers, and for them now to have the Oath tendred to them, seemed to be but a Trap and Snare to encrease their bonds, when as they could prove nothing against them on the Act for which they were pretendedly imprisoned and now to tender the Oath to them, whom they knew before, for Conscience sake would refuse to swear, this seemed to be no good Justice nor faire dealing, and further it was desired to be shewed unto them that the Statutes requiring the Oath of Alle­giance was never intended for us, as the very titles and preambles of the Statutes do shew 30 Iacobi Chap. 4th. and the 7th. Chap. 6. and it would have been shewed them that it was altogether improper, and not according to the true intent and meaning of the said Statutes to tender the Oath to us, at that time and on that occasion especially, and that it appeared they made use of the Oath now meerly as a Snare, and this was told them though they refused to hear much, what could be said in this case by the Priso­ners, but kept them close to the question, will you take it, or will you not; Alderman Brown always crying hold them the Book; hold them the Book, but the Prisoners for Conscience sake could not swear at all especially upon that occasion seeing the Oath was [Page 41] only put to them as a snare, whereupon the Court proceeded ta­king their refusal; though some did not absolutely deny to swear, but desired first to reason the case with them, and sentenced them to be had back again to prison, there to lye without bayl or Main­p [...]ize, till they take the said oath: And such manner of proceeding we leave the world to judge of, though we are like to suffer by it, that instead of being brought to a legal tryal for the fault supposed against us, and for which we had suffered divers weeks imprison­ment, and no accusor appearing against us, nor yet legally deliver­ed by due course of Law as we ought to have been, but on the contrary still to deteyn us in Prison to the ruening of our persons and Families, if the mercy of God prevent not; Now to proffer the Oath to us so unseasonably and not according to their own Laws by which that Oath is required, let the Lord determine this case.

And also there were several of the said Prisoners brought to the Bar, that had never been before any Magistrate since their being apprehended by the rude Souldiers (as before is declared,) and crayed to Newgate, and never brought before any civil Magistrate nor examined, neither had any legal Commitment not according to the Law of the Land, and some of these were called by name in the Court, and neither Indictment against them, nor any to accuse them, and these were required by the Court to put in Baile for their appearance the next Sessions, which the Prisoners were not willing to do because in all reason and Law, they should have been discharged because no man appeared against them; and it was counted an unreasonable thing among the Heathens, for Festus did account it an unreasonable thing to send a Prisoner and not to signifie the crime against him, Acts 25.27. ver. And according to the Laws of England it ought not to be done, but these were sent to Prison and nothing charged against them, nor never brought be­fore legal Authority to examine them before they were imprison­ed, and when they were brought to the Court, no man appear­ing to accuse them, and yet still deteyned close prisoners, and not released according to the due course of Law, if this be Justice we are yet ignorant and know nothing, and it is not long since a Judge [Page 42] upon the Bench (viz.) Windham in the Lent Assizes 1660. holden at Thelford for the County of Norfolke, did openly reprove some of the Justices upon the Bench, because they committed men to Prison and had bound over none to pesecute them, nor had any e­vidence against them in the Court, when the Prisoners were at the Bar; which practice of the Justices was sharply reproved by the said Judge on the Bench, as well it might be; and this was partly the case of these Prisoners committed to Prison, and brought to the Bar, and no accuser against them, neither Prosecutor nor evi­dence, and we know it is usual to make Proclamation in the Court, when Prisoners stands upon their deliverance, if any can come forth and accuse them, otherwise to be discharged, but in­stead of doing us this Justice, when no Prosecutor nor evidence was against us, then put him the Oath and see if he will swear, and let him give Baile and put in security, or else send him to Prison again; From this kind of Iustice good Lord deliver us.

And again there was divers had been Prisoners, for some weeks, whose names they had not, for they had refused till that time to tell their names, and then being asked by the Court the reason why they did not tell their names, it was replied by the Prisoners because they had never yet been brought before a Civil Magistrate nor before any that had legal Authority to demand their names, and they did not refuse as though they were afraid to tell their names, for they had done nothing for which they had a reason to deny their names, but being seized upon in that manner in their Meetings by a company of rude Souldiers, more like murtherers then men intrusted with any Authority to seize upon men, and they had done and should refuse to tell their names to such kind of per­sons, though they were ready there to tell there names to the Magistrate, which accordingly some of them did, yet notwithstand­ing they were all sent back to Prison again, like as if that Sentence had been determined by the Court, whatsoever their case should appear to be, so without either exception of persons or cases all of our freinds that appeared before them were recommitted to close Prison, there to remain we know not how long, even till God a­rise and plead our Cause, for as appeares the Rulers are resolved [Page 43] whether by Law, without Law, or contrary to Law, to keep us in Prison without releif, though we have Justice and Truth of our side, and are peaceable men in life and conversation according to Truth, and no man can detect us, and are peceable and quiet in our Meetings, and desires nothing but that we may live a quiet life in all Godliness and honesty under the King.

Here followeth an account how several of the aforesaid Prisoners were used by Alderman Richard Brown, when first brought before him.

Isaac Merrit, coming before him, he caused his hat to be pulled off with great violence, and because it being put in his hand, he covered his head therewith, the said Rich. Brown ordered it to be pulled off, so that his head might be pulled down, which was done with such violence, and as if they would have broke his neck.

Iohn Brain being taken in the street and not in any meeting, was laid hold on and garded before Richard Brown with a band of Soul­diers, and one of the Officers with his Halbord had at the end thereof a nail drove in, and run it at the peoples sides which stood in the yard near the mouth in Martins Lane: and when the above­named party was before the said R. Brown, he gave order that he should be pulled down to the ground six or seven times, & when he was down they beat his head against the ground and stampt upon him, and when that he was risen again, this Richard Brown bad them to pull off his nose also, which they spared not to assay to do, pulling him violently by the nose, and when he arose again they pulled him to the ground by the hair of the head, and by the hair they pulled him up again, and when he would have spoken in his own behalf, seeing such cruelty was used upon him, Richard Brown bad them to stop his mouth, whereupon they struck him on the mouth and stop­ed his nose and mouth also, by which means he could not fetch his breath for a time, and so they played with their fingers upon his mouth which was an object of derision for Richard Brown, who laughed at the cruel and inhumane actions, and at the end sent him to Jayle not having any just ground for it.

Tho. Spire being brought before R. Brown, he commanded his hat to be pulled off, and because it was not done with such violence [Page 44] as he intended, he caused it to be put upon his head again, saying it should not be pulled off so easily, and when he bid that it should be pulled off again, it was done with such force as the said Tho. Spire was pulled up from the ground by the hair of his head, and because when Richard Brown asked his name he did not tell it presently he commanded the Souldiers to force open his mouth, which they did with such violence as they made it bleed.

William Hill being brought before him as abovesaid, he com­manded his hat to be pulled off so that his head might be bowed down, which was done so that they bowed him down to the ground, and being pulled to the ground, Richard Brown commanded he should be pulled up by the hair of the head which was done, and because he did not tell him his name presently when he asked, he caused the Souldiers in derision to open his mouth by force.

Iohn Cook being brought before him, he commanded his hat to be pulled off so that his head might be bowed down, so a souldier pulled it off and bowed him neer the ground and pulled off part of the hair of his head.

Arthur Baker being brought before him he caused his hat to be pulled off with such violence as his body was bowed down to the very ground.

Geo. Ableson being brought before Alderman Brown, he caused his hat instead of pulling off, to be pulled hard on to his head, and so plucked it downward till his body was forced to the ground, and when they had plucked him up by the hair of the head, he com­manded them to pluck him down again, which he did for five times one after another, and they plucked him up again by the hair, till the sides of his head were sore, and his neck also much pained for some daies after, and he received a blow on the face which cau­sed him to stagger neer the ground, and with their violent pulling down his hat over his face, caused his nose to bleed.

Nic. Blithhold being brought before him, coming with his usu­al Garments, he took off his hat with both hands, endeavouring to pull him down to the ground, and in regard he fell not quite to the ground forwards, then he pusht him to throw him backwards, and then he thrust him out of his house, and gave him a kick on the leg, and thrust him out of his yard.

Thomas Lacy being brought before him, he asked his name, and because he did not tell it him presently, violently shuf'd him out of his house, and the Alderman himself gave him a blow on the face, and with his hands violently shuf'd him out of the yard.

After this manner were the proceedings of Alderman Brown to­wards these persons, and divers others of the prisoners that were brought before him, so shamful for a Magistrate, that tis scarce fit to be mentioned being a reproach to the Government, that a Mi­nister of the Law should beat and abuse people contrary to the Law, and such is the violence of that spirit by which he is acted against the people of God called Quakers, that he hath often given very threatning words behind their backs, to divers persons that have modestly and discreetly enquired of him about that people: as that their estates should first wholly be taken away, and then he would send them into Countries without Inhabitant to be de­voured of wild beasts, and to be torn in peices by savage creatures, and if they had any children they should be left upon the Parishes where they dwelt, and the Parishes should be forced to maintain them; further often saying, he would not give over to imprison them, and afflict them as long as there was one of them left alive, with such like threatning words expressed, which can be witnessed by divers that heard him, and these actions and words, his doings and threats before mentioned truly considered by wise and sober men, It is left to their judgements whether this man be a reasona­ble Judge over this poor people, who thus endeavours and threa­tens their destruction, and whether he appears not to be their ab­solute enemy rather then their equal Judge: well if these procee­dings prosper long it must be when there is no God, as one of the said Prisoners expressed at the Bar: and if these waies and actions bring honour, and happiness to the Government and to the King, then we may say God regards not the cry of the afflicted, but he hath ceased to be just in his judgments, nay it was well observed by one very lately who came only in love to visite the said prisoners in Newgate; one that loves and honours the King as much as any man, (to his power and command that he hath under him) none excepted, in these words he was perswaded, that the said Brown was one of the greatest Enemies that the King had alive this day, and that by such his cruel proceedings, he turned the hearts of his sub­jects [Page 46] from him; and caused the affections of his his people to be abated; and such proceedings cannot but undoe us all in the end &c. And indeed if wise men do but consider it as the matter truely is, they will easily give their Judgements accordingly, though yet we are sufferers and may suffer yet more, if it were even to death or banishment yet these things do make in their tendancy and effect, to the ruine of the King and his Government, if it prove not so, (ex­cept the matters and causes be forthwith regulated,) some Judge­ment is deputed from me, but in ages to come it will be witnes­sed.

VVE the people of God being met together in a peaceable meeting at the Bull and Mouth upon the 13th. day of the fifth Month, there came in a Leivetenant with several files of Souldiers, with Swords, Guns, and match lited, and laid violent hands on us, and told us that they had an Order to carry us away, & the Officer commanded the Souldiers to look to us the prisoners, whilest he went and searcht the Room for others, and came out and said that there was no more men, but commanded the Soul­diers to secure us the Prisoners, and so had us away to Pauls-yard and put us up into a Room, and set a guard of souldiers on us until they came and fetch us away.

Then about an hour or two after the Officers with their weapons and Canes, and Souldiers came rudely again into the Meeting with their Muskets and lite matches, Crying which is he, which is he, and layd violent hands on two of us, and hayled us out by force the Officers giving charge to the Souldiers to look to their Prisoners, who kept us in the street while they haled the rest out. Also one called Leivtenant Newland taking one of us in the yard, who was not in the Meeting, carryed us all to Pauls where they kept us for a time, with the freinds they had taken before, and then brought us all to Newgate, where we remained several hours, being then taken out again fifteen in number, by a Captain and souldiers, and they brought us before Richard Brown, and he commanded us to stand bare, we being innocent standing still, one pulled off our Hats, he [...]d pull them off head and all to ground, then he called for one of us to come nearer, and he asked my name, I told him, and the place of [...] a [...]d, which when he heard he said, they are sent for all the Nation over, I said nay, we are not sent for, but we are sent, [Page 47] he also said that a Quaker should not have a being in England; to which I answered, The Quakers shall have a being in England when all these bodys of ours are layd in the dust: then they being in con­fusion about taking us, having nothing to lay to our charge worthy of bonds, Alderman Brown said having our hats on was enough, for it was condemnation to keep the hat on; I asked him to shew me by what Law, then he was full of wrath & commanded to take me to Prison, and to put me by my self among the Fellons, I being vio­lently haled out, I spake as I went out, and one called a Captain dashed me on my face with his staffe that made me to spit blood, so away to Newgate I was sent and put in the darke hole; the said Alderman commanded them when I was out, to put a Gag or a Handcarchif in my mouth, and after he sent twelve more of them to me, who were also put in the hole where the condemned men are put after Sentence; and two freinds he sent to Bridewel, and we yet remaine in common Goale in Newgate amongst Fellons, and we are Prisoners for the truth of the most high God.

THus ye have heard of the proceedings thus far, and the present state of our case is, we are now about Seven score of us Prisoners in this place, remaining upon the accounts before mentioned, and divers of our freinds when they were first brought into Newgate, were put into a very dark nasty stinking place called the hole, where they always put the condemned per­sons between their Sentence and Execution, and some of our freinds have been kept there 24 hours, and then put up into the Chapel, so many together that they could not all ly upon the floore, but were crouded and thronged in a pittifull manner, some laying in Hamacks, and some no lodging at all, but divers have been nessitated to lay upon the Leads all night without doors, and so thronged have we been within, that we have been near stiffled with extraordinary heart, in so much that it hath been dangerous to cause sicknesses and diseases, but the mercy of the Lord hath preserved us general­ly in health, except some few who have been visited with sickness for a time, and only two are departed this life, one of which was a fresh lively young man, and being put into the [...]k noysome hole before mentioned, where condemned persons are put, he took his sickness there, and on his death-bed often he would cry out of the noysome stinking Prison, as the occasion of his distemper, and also it was the Judgement of both the Jurys, that passed on on each of the dead bodys; (for any of the prisoners dying, a Jury must pass upon them to finde out the cause of their death,) That though they dyed of Natural sickness, to wit Feavers, yet the occasion of their sickness might possible be their straight imprisonment in such noysome Prisons and so many together, yea are not all these things regarded but we are still thronged up, [Page 48] and deteyned in cruel bonds being a great many poor men amongst us, whose poor famalies are exposed to ruine thereby, their poor wives and Children crying out daly for want of husbands and fathers, their Trads ruined, and their Customers complaining, and thus the ruine of many is threatned by reason of this hard imprisonment, yet little notice at all can be taken of this by any in Authority, but all hearts shut up and pitty and compassion fled a­way, and the innocent suffering under the oppressions of men and no man regards it, and the deep sense of this our suffering being upon our Brethren that are at Liberty, and desiring in their souls to be instrumental some way for our releif, being one with us in the cause for which we do suffer, were moved of the Lord about thirty of them to present these following lines in manuscript as directed.