TO the end that all Impartial People may have a right und [...]r­standing in the present Prosecution, I intend to give a short Relation of the first rise and cause and ground of this pr [...] ­sent Difference, and Persecution.

In the Year 1689. by the good Providence of God George Keith was earnestly invited to remov [...] from his Plantation in East-Iarsey, to keep a School in Philadelphia, which he did; but kept an Usher and spent a great part of his time in Reading, Meditation, Visiting Mee­tings, and answering the Conscientious Doubts and Questions of many People; and there was a more than ordinary seeming Satisfaction in general among the People called Quakers, that they were so favoured with the assistance of George Keith. But alas! this great lov [...] was but short liv'd; and as in other Cases one Extream beget [...] the con­trary, so in this; for their love and respects to him were never so great, but now the E [...]vy and Hatred of many exceeds; and that upon the account of his Christian Testimony. For it was but a little time that he had been amongst us, and preached the true Faith of Chri [...], both without and within, but some began to [...]e dissatisfied▪ and whis­pered it about in private, which, when he came to unders [...]nd, he labour [...]d in much love and tenderness to undeceive and satis [...]e those that he came to know were dissatisfied; and some did receive good Satisfaction; but others cast his Labours of Love behind their ba [...]ks; and much whispering and back-biting there were in private against the Doctrine held forth by G. K. and some began to contradict his Testimony in publick Meetings; but yet this were born with, and no open Difference until one William Stockdale accused Geo. Keith of Preaching Two Christs, because he held forth (as n [...]cessary to our Sal­vation) The Faith o [...] Christ as he dyed [...]or our S [...]ns, rose again for our Iustifi [...]ation, and ascended into Heaven and is in Heaven in the true and intire glorified Nature of Man, our Mediator wit the Father ▪ and also, That Christ was spiritually present by his Light & Li [...], in all his C [...]ldren. Whereupon he dealt with him▪ and end [...]voured much to con [...]ince [Page 2] him, but not prevailing, G. K. laid it before a Meeting of them of the [...], but they did nothing in the matter, but chiefly blam [...] and contradict G. K. in his Doctrine. Whereupon G. K. did again renew his Complaint to them of the Ministry at the Yearly Meeting at [...] the 7 [...] Mo [...]th, 1691. defi [...]ing to know their sence and judgment, viz. Whether to preach Faith in Christ within us, and Faith in C rist wit [...]e [...] [...], was to preach Two Christs, or One? and six Meetings were held in debate about [...]his matter, and yet nothing done in it: So this past [...]n, and som [...] Months after T [...]o Fit [...]water openly in a Monthly Meeting accused G. Keith, That he denyed the sufficien [...]y of [...]e Light; which G.K. denyed, but T.F. said, he would prove it at the next Mont [...]ly Meeting; which being come, G. K. called on [...]. Fitzwater to prove his Charge, which he endeavoured to do, and brought W. Stockdale for his Evide [...]ce, but to no purpose, only W. Stockdale again renew­ed his Charge against G. K. in the open Meeting, to the admiration of many, to see his great Ignorance and Impudence; but seeing that T. F. was not like to prove his Charge against G.K. Thomas Lloyd, and some few others with drew, yet the generality of the Meeting stayed, and after some time it growing dark, Iohn Ienne [...], (a great stickler against G K.) de [...]ired that the Meeting might be adjourned ti [...]l the next day, which was unanimously agreed unto, and also by Tho. Fitzwater; the next day all Parties appeared, and great and long Contention there was most part of that day betwixt George Keith and Tho. Lloyd, Arthur Cook, &c. G. K. affirmi [...]g and arguing for the Necessity of the Faith of Chri [...]t crucifi [...]d, &c. the others denying, and arguing, That the Light within [...]as su [...]icient without the Man Christ Iesus, &c. but finding that the stream went against them, T. Lloyd, A. Cook and some others with-drew, and the Meeting (consisting of at least Sixty Monthly Meeting Members pro [...]eeded & gave Judgment against T. Fitzwater and W. Stockdale, the substance of which was, That they should forbear preaching and praying in Meetings till they had condemned their Ignorance and Vnbelief, &c. but at the next Quarterly Meeting, a Party with­stood the said Judgments, and said, That the Persons being Ministers, none but them of the Ministry were fit to judge; which many though [...] relisht too much of Popery; yet notwithstanding many showed their dislike thereto, Tho. Lloyd, Arthur Cook, Sam. Ienings, &c. denyed the said Meeting and Judgment; & then it was that T. Lloyd's Party [...]hanged their time and place of meeting against and contrary to the [Page 3] declared mind of their then Brethren, who gave their Reasons why they consented not to the changing the Time and Place of meeting; but prevailed nothing with them, for the next first Day George Keith and Party met at the usual time and place, and Tho. Lloyd and party went to the Meeting house at the Centre, which made the first Sepera­tion. Now the Difference being thus far advanced, caused much discourse and enquiry into the matter by all sorts [...] People, and great flocking to Meetings there [...], both in Town and Country, where G. K. came, and his Testimony had much Reception in the hearts of many; which being perceived by Tho. Lloyd and Party, the only Ex­pe [...] [...]nt they could devi [...]e, was to condemn G. K. whereupon the 20th of the 4th Mon. 1692. Twenty Eight of them called Ministers met together at Philadelphia, & without ever so much as acquainting G K. published a Paper of Judgment against him, condemning him as a Person without the fear of God before [...]is Eyes, &c. which done, Thomas Lloyd, Samuell Ienings, Arthur Cook, Iohn Delavall, and others made in their business to follow G. K. from Meeting to Meeting, violently opposing his Testimony, and sometimes making use of thei [...] Magistra­tical Power to effect their designs, which caused great Conteits and Confusions; and G. K. from time to time complaining of their In­justice, for condemning of him without all Hearing or Tryal, upon a time in Chester-County, Tho Llyod said, George, if thou thinkest thy self agrieved by that Iudgment, there is Relief for thee; thou may appeal to the Yearly Meeting, which is now approaching; which advice G.K. followed, and made an Appeal to the said Yearly Meeting, and proposed tw [...]l [...] particular Heads to be considered, discoursed of and resolved by the People ca [...]ed Quakers at the said Yearly Meeting, and that they might have Timely notice of the said Appeal, and be the better prepared to answer it▪ G. K. procured the said Appeal to be printed. Which was no sooner done, but they [...]ssued forth a Warrant, and apprehended William Brad [...]ord the Printer, and Io [...]n M ^ccComb, who (as they were informed) had disposed of two of the said Papers, and committed the said W. B. and I. M. to Goal; and also seized all the said Papers they could meet with, and took away a good quantity of W. Bradfords Letters▪ tending to the disabling of him to work for his Wife and Children; and upon pretence of another Warrant granted with­out any Conviction, [...]igned by Samuell Ienings & Robert Ewer Justices, Iohn White, the Sheriff, took Goods out of the Shop of Will. Bradford [Page 4] [...] as much more as the said Warrant was for. Whether these Actions are most like to the poor despised and persecuted Quakers, or their Persecutors, is left to all Impartial People to judge.

Now tho' they had got these two poor men into Goal, and though a [...]l sober People did resent their Proceedings very ill, and as proceed­ding from a cruel Spirit of Persecutio [...]; yet the next day they met again, in order to proceed against G. K. and several other Persons in the like manner, a [...]d sent for two other J [...]sti [...]es that were not called Quakers, to assist them in this work of Prosecuting several seditious and dangerous Persons, th [...]t were like to su [...]vert the Government! as they prete [...]ded; but contrary to their exp [...]ctation, the said two Justices that were not called Quakers, viz▪ [...] Cock [...] Lutherai [...], and Iohn Holme a Baptist, decla [...]ed their [...] from them in these Pro­ce [...]dings, signifying, That the matter was a Religious Difference among themselves, (viz. the Quakers) and did not relate to the Government; Iohn Holme particularly advi [...]ing them To send for Geo. Keith, and let [Page 5] him interpret his own word [...], and upon a n [...]aring of him, if it a [...]y way appears that he strickes at the Government, I will (said Justice Holme joyn with you against him with Heart and Hand; but this Adivic [...] had no weight wi [...]h them; whereupon the said two Justices left them, a [...]d our New mod [...]lle [...] Persecuting Quak [...]rs being wa [...]ly bent to root out Sedi­tion forsooth! proceeded in their Work, and as they had judged G. K in their Spiritual Court wi [...]hout all Hearing or Tryal, so in like man­ner they prosecuted him in their Temporal Co [...]t without all Hearing: Why! to have done otherwise would have g [...]ven the Lye and Con­tradiction to thei [...] Spirit o [...] Discerning, which [...]ustice Cook declared to be such, That they could j [...]dge o [...] matter o [...] Fact without Evidence; and therefore it would have been ridiculous for them to have sent for G. K. and asked him, Whether he was the Author of such a Paper that his Name was to? or to have enquired of him, W [...]ether it was against the Govern­ment that [...]e intended by such and such words therein? No, for their Spirit of Discerning told th [...]m all that, and therefore without more to do, procl [...]imed G. K. by the common Cryer in the Market-place, To be a Seditious Person, and an Enemy to the King and Queens Government: But these Magistrates would do well to consider the Actions and End of Empson and Dudly, and whether they have not violated the Funda­mental Laws of English Subjects as well as they, and that in convicting men without Tryal, as shall be made appear ano [...], 1 st. in the Case of George Keith & Tho. Budd, 2 ly, in the Case of William Brad [...]ord, and [...] dly. in the Case of Iohn M ^c [...] Comb.

1 st. Here follow [...] a Copy of the Publick-Writing that was pro­claimed by the common Cryer in the Market place against G. K.

Note, There being an Answer to this Proclamation published in print by G. K. and T. B. I shall only in this place [...] Observations.

First, They say, At a private Sessions, &c. and then relate a Preamble of the Government being v [...]sted in W. Penn, who had made T. Lloyd his Deputy, Did they think [...] this, or did they think we had forgot T [...]omas Lloyd was Deputy Governour? Surely me­thinks not the latter, since we have been so smartly remembred there­of by his Agent White, who (when they could not effect their late great Tax) [...] — [...] which many did to their Cost; so that one would think tha passage might have been spared: Oh, but 'tis plain their end therein is to insinuate, That Geo. Keith being legally and judicially brought before the Governour to answer to some heinous Crime and Misde­meanour, and that a Multitude of People were present to hear how he could answer for himself (for they say, Publickly Reviled, &c.) yet this G. K. like a Rude man, tho' he pretends to be a Minister, was so far from behaving himself before the Governour like a C ristian, that he fell a Reviling him, and amongst other scandalous Expressions, said to him, Thou Impudent Man, thou art not f [...]t to be Governour, thy Name will stink: Certainly their drif [...] was to possess the Readers with this Belief, as is clear and evident from their following supposition, or rather suggestion, where they say, He that useth such Exorbitancy of Speech to the Governour, will easily dare to call the Members of Council and Magistrates Impudent Rascals, as he hath lately called one in on open Assembly, who was constituted by the Governour to be a Magistrate. Which also is a base and wicked Insinuation; for George Keith never spoke those words to any of them as Magistrates or Officers in the Government, neither did he ever speak to the present Governour all those words together, as is insinuated by the said Paper, but on the contrary, what he spoke to Tho. Lloyd was in Monthly Meetings and Religious Controversies, and T. Lloyd hath said several [Page 8] times, That he would take no advantage by words spoke at such times, but we find them practise the contrary; for on a certain time T. L. stood up, and affirmed, That G. K. was guilty of Contradiction, and being put to prove it, said, That fifteen years ago in his printed Books he owned the Seed to be Christ: Whereupon G. K. said, [...]hou Impudent man, I do not deny it now, but own it as much as ever. But by a [...]l the diligent en­quiry that I have made, I cannot find that G. K. said, he was not fit to be Governour, [...] its expresly provided by the second Chapter of the Laws of this Province, That all Officers and Persons commissionated and imployed in the Government, shall be such as pro­fess and declare, They believe in Iesus Christ to be the Son of God the Saviour of the World, &c. [...] has often d [...]nyed and argued against the Faith of Christ, as he dyed for our sins▪ &c. And as to G.K. saying, That his Name would stink, T. L. knows in his Conscience, that it was spoke to him only as he was one of the [...] false Judg [...] [...] against him, and that without all hearing or Tryal. And as touching the [...] they say, he call'd, Impudent Rascal, it was one whom he know not to be constituted, as they say he was; but his Brother being so constituted, and refusing to serve, the People of the Town chose him in his Brothers stead to serve as a Magistrate within that Town bounds, which was altogether unknown to G. K. and therefore Paul's excuse, Acts 23 4. I wist not Brethren that it was the High Priest, might be an Apology for him. But let us consider the word Rascal; according to Goulaman's Dictionary, a Rascal is a Brawler, and Empty Talker, and one that deceiveth is Neighbour by false and weak Arguments, and Cole in his Latine & English Dictionary saith, the Latine word Nebulo, cometh of the Hebrew word [...] Nabal, and any ordinary School-Boy that hath but learned his Accidence, knoweth that Nebulo signifieth, Rascal, Villian, Knave or Rogue, and in Scripture we find the same word, see Isa. 32.6. [...] For the Rascal will speak Villiany; and Ier. 29.23. [...] They commit Villiany; and as Go [...]ldman in his Dictionary saith, a Villian and a Rascal is of the same Signification. But this Person whom they mention, went about to deceive his Neigh­bours by false and weak Arguments▪ viz. Th [...] he did not expect to be saved by that which dyed at Jerusalem; And that God was not present in all his Creatures; which Unchristian and Atheistical Principles G. K. [Page 9] being about to re [...]ute in a Monthly Meeting, and holding forth, That God was present in all his Creatures, this Person stood up, and with much Opposition Questioning, as Paul's fool did about the Resur­rection) said, in a rude and boisterous manner, What George! Do [...] the Spirit of God speak in Trees? Whereupon G. K. said (being greatly provoked by his Interrupting of him, and Unchri­stian behaviour and Discourse) Thou Impudent Rascal, who faith the Spirit of God speaks in Trees, as it doth in men? But to make the thing seem Odious, the Publishers of this Publick-Writing say, It was in a publick Assembly, as if it had been in some Court, or as if he had been brought before this Magistrate (as they call him) upon some Exami­nation, and there, instead of behaving himself soberly, he presently calls him Impudent Rascal; this they would falsly insinuate, as also, That before long he'll go into the Council Room, and into the Courts, and there Revile the Councilors and Magistrates, & call them Impudent Rascals. Oh, the Horrid Impudency of these Men! Let Shame cover their faces, if they have any left in them!

And whereas they further say, That G. K. with several of his Adhe­rents with an unusual Insolency having Traduced the Industry, Care and Vigilency of some Magistrates here, in their la [...]e Proceedings against some Privateers, &c. and hath thereby also defamed and arreigned the determi­nations of the Provincial Iudicatory, &c. As if G. K. and several others had printed a Book, and defamed and arreigned them, and denyed their Power of Magistracy; whereas all that impartially read the said printed Appeal will find that G. K. did not defame nor arreign them, but they having given a Commission and hired men to fight▪ (which was diametrically opposite and contrary to the often declared and known Principle of the People called Quakers, against a [...]l Vse of the Carnal Sword,) it was proposed, amongst other things, to be consi­dered by all faithful Friends at the Yearly Meeting, whether these men ought not to be condemned & disowned as Quakers; but it was never intended to deny them to be Magistrates, for as Magistrates they were obliged to do what they did, and it was Commendable in them who did so Commissionate and hire men to fight, and also sea [...]ch the Town for Arms, &c. But the great Question is, Whether they did not Transgress as they professed to be Ministers and Quakers? If nay, but that the Ca [...]e and Vigilency of these Magistrates here at Philadelphia, [...] Quakers, is worthy of Commendation, as they intimate, for saving [Page 10] of a Sloop by Force of Arms, how much more shall their care and vigi­lency be worthy of Commendation, to raise a Militia to save and de­fend the whole Country, if any occasion should offer? but how steadfast this doth manifest them to be to the Quakers Principle of Refusing in all cases to fight, and that for Conscience sake, I shall leave all to judge. I always thought that which was a matter of Conscience to the Quakers in Old-England, Barbadoes, and other places, had been a matter of Conscience to them under a Government of their own, but I find the contrary in these Magistrates & many others joyned with them here. But that which seems the most strange to several observing Persons in this place, is, that several called Quakers in Maryland, Barbadoes, and other place [...], that pretend its a matter of Conscience to them not to b [...]ar Arms, yet now will own these here in that Practice, unless they now think to leave that Article out of their Creed.

In the next place, whereas Peter Boss being offended with the Judg­ment of the 28. writ a Letter to Samuell Ienings, (being then in Church Fellowship with him) showing his dislike thereof, and telling S. I. of some of the Scandals he lay under, for this they issued forth a War­rant against him, and put him into Prison, without ever dealing with him in a Church method, and at the next Court presented him for the same, to which Court he was bound to answer, where he gave his attendance, with his Witnesses ready, but not brought to Tryal, although much desired by him and his Wife, who urged the Injuries of the delay thereof.

At the same Court William Bradford & Iohn M ^ccComb appeared, and desired they might come to Tryal, it being greatly to their prejudice to be kept Prisoners, & saying, it is provided by Magna Charta, That Iustice shall not be delayed to any, and we being free-born English Subjects, claim this as our Priviledge, and hope this Court will not deny it us, because not only o [...] Persons are restrained, but William Bradford's working Tools are detained from him, with which he should work to maintain his Family.

Justice Cook said, What Bold, Impudent and Confident Fellows are these to stand thus confidently be [...]ore the Court.

You may cause our Hats to be taken off, if you please.

We are near only to desire that which is the Right of every free born English Subject, which is speedy Iustice, and its strange that that should be accounted Impudence, and we Impudent Fellows there­fore, [Page 11] when we have spoke nothing but words of Truth and [...] in r [...]qu [...]ting that which is our Right, and which we want, [...] g [...]eatly to our prejudice to be detained Prisoners.

(speaking to W Bradford) said, If thou had been in Englan [...] thou would have [...]ad [...]y Back sl [...]sht before now.

I do not know wherein I have broke any Law, so as to incur any such Punishment.

Thou art very ignorant in the Law surely, does not thou know that there's a Law that every Printer shall put his Name to the Books [...]e prints, or [...]is Press is forfeited.

I know there was such a Law, and I know when it expired.

But it is reviv [...]d again, and is in force, and without any regard to the matter of the Book, provides, that the Printer shall put his Name to all that he prints, whic [...] thou hast not done.

Bu [...] waving from that, the Prisoners still prest for a Tryal. To which justice Cook said, A Tryal yo [...] shall have, and that to your Cost too, it may be. And Justice Ienings said, A Tryal you shall have, but for some Reason known to us, the Court defers it to the next Sessions; and that is the Answer we give, and no other you shall have.

All this time, Iohn Whi [...]e, Sheriff, pleaded vehemently against the Prisoners, greatly aggravating their (pretended) Crimes; and when complained of, that the Sheriff, (through whose hands goes all Fi [...] [...] and Forfeitures) should be so bitter an Attorney against the Prisoners, he cloaked it under the Visor of a Prothonitor.

So this Court passed over, & the said Persons not brought to Tryal, but yet not wholly barren of Action, nor void of Injustice; for tho' they had not only got W. Bradford into Prison, and taken his Letters from him, (with which he should work) and his Paper and Books out of his Shop, but also they had got the Body of Iohn M ^cc Comb, with which one would think they might have been satisfied, had any thing of tenderness remained in them, the time they committed him being when his Wife was newly brought to Bed, and who lay very weak in a strong Feaver, and several thought she would not live, and tho' he acquainted them of her Condition, and how destitute his Family was, requsting them to let him go home, and he would promise to be ready at any time they should call for him; This they would not grant, but to Prison he was sent; (tho' to give every one their due, White the Goal [...]r was so kind as to let him go home an hour or two sometim [...]s in [Page 12] an Evening after it was dark) yet our hot spur'd Justices (being new­ly booted and spur'd with their Five Pound Spurs) being not satisfied with having his Body, would do what in them lay, to ruin him and his Family; for whereas he kept an Ordinary, and for his Lisence so to do had paid Governour Lloyd Twelve Pieces of Eight, which is Three Pound Twelve Shillings for the last twelve Months before [ No [...]n [...]onsiderable Price for a Licence] yet they now proceeded to suppress his keeping of an Ordinary, though he had fullfilled, and in no respect transg [...]essed the Conditions of his Lisence, as will appear by a Copy of the said Lisence, which here follows verbatim, vi [...].

Now let us hear what great and heinous Crimes are alledged for the su [...] [...]ssing Iohn M ^cc Comb in his Imploy: If he had transgrest any Law, or broke any Conditions in his Lisence, they ought to have call'd him before them, and convicted him thereof, but without ever so do­ing, they suppress his so-dear-bought-Lisence, as follows.

[Page 13] Note, Tha [...] the Contemptuous Be [...]aviour they mention, was his and W. B's requesting of the Court to come to a Tryal, as before is related; and the S [...]ditious Paper they mention, was the p [...]inted Appeal, which he having bought two of them, & some Persons happening to see them, got them from him again, becau [...]e it suited not with their conve­nience to go so far as the Printer s; and J. M. did not buy or receive them to sell again, but his disposing of those two Papers was accidental, and for which he was imprisoned, and to come to Tryal for it, but this sati [...]fied not these cruel men, for they make that a main matter whereby to suppress his Lisence [ No less than Two Punishments for one Offence] and yet though they wer [...] so zealously warm to prosecute an [...] punish these Offenders, and waic [...] (they said) they co [...]ld not avoid, with­out violating their Trust to the King and Governour; yet without any Violation of their said Trust they could pass by several others that were much more concerned in spreadi [...]g those Papers than J. M. Oh! the Partiality, Deceit and Cruelty of these Men!

This Sessions passeth over, and the said Persons continued under Duress till the next Sessions, which being come, let us hear the Pro­ceedings, which here follows, viz.

At a Court of Quarter-Sess [...]ons held by the King and Queens Authority, and in the Proprietary's Name at Philadelphia the 6, 7, 8, 9, 10 & 12 dayes of the 10th Moneth, 1692.

There being present on the Bench, as Justices,

• Samuell Ienings,
• Arthur Cook,
• Samuell Richardson,
• Iohn Holmes,
• Robert Turner, 10th and 12th dayes.
• Lacy Cock, and Anthony Morris on the 12 day.
• Robert Ewer, Quakers.
• Henry Waady, Quakers.
• Griffith Owen, Quakers.

The Nam [...]s of the Persons, that presented Peter Boss, George Keith, Thomas Budd, William Brad [...]ord, &c.

† Alexander B [...]ardsly, † William Carter, † Iohn Iennit, Will. Oxly, Emanuel Dauson, William Allaway, Lewis Thomas, Reece Peters, Io [...]n Comes, Christopher Pennock, Mouns Iones, Thomas Griffith, † William Harwood, William Hearn, Will. Finley, Will. Lawrence.

[Page 14] Observ. That most, if not all of these men are known to be [...]ghly prejudiced against G. K. T. B. and those that joyn with them, becaus [...] of their zealous Testimony to Christ without, as well as Christ within: And Iohn W [...]ite, Sheriff, is known to be greatly prejudiced ag [...]inst them, who packt this Jury on purpose to present & defame G. K. and th [...] r st, as was in some degree well observed by Justice Holme, when he saw [...]h y brought in new Presentments agai [...]st G. K. in matters concerning their Religious Differences, for which he was sharply re­proved and menaced on the Bench by Samuell Ienings and Arthur Cook, the last saying, They were the Fathers o [...] the Country, and they had done well, and like honest men, in bringing in those Presentments, and they gave them Thanks [...]or their care and pains; but (said Justice Cook) if they must be found fault with, who will serve upon a Grand Iury? & so went on highly resenting those few words Justice Holme had spoke; A [...]thur Co [...]k not minding that himself had said some little time before, to a Grand Jury of more substantial men than these (upon their bringing in a Present­ment th [...]t did not please him) you are a Company of Infamous Men: and for which he was presented by the next Grand Ju [...]y, but 'tis supposed that Presentment was buried in the Clarks study of Oblivion, for we have never heard more of it.

The 9th day of the 10th Month, Peter Boss call'd into Court, and set to the Bar.

Cryer, O Yes, Silence is commanded, upon pain of Imprisonment.

The Presentment read,

Philadelphia, the 5 th of the 8 th Month, 1692. We of the Grand Iury for the Body of th [...] County, do present Peter Boss, for that he hath ac­cused Samuell Jenings, being a i e. Master-like, as saith the English Expositor. Magisterial Officer, with being an unjust Iudge, and of his being Drun [...]k, and of laying a Wager with John Slocum, and for many other scandalous, reproachful and malicious Expressions, to the Defaming of him, and tending to the Disturbance of the Peace, contrary to the Law in that case made and provided.

Peter Boss, What sayst thou, art thou guilty or not guilty?

Not guilty in manner and form as there presented.

By whom wilt thou be tryed?

By God and the Country.

Call over the Iury.

[Page 15] Humphery Waterman, Ioseph Kirle, † Thomas Wharton, Tho. Marle, Richard Sutton, Samuell Hoult, † Iames Fox, Abraham Hardiman, Nicholas Rideout, Thomas Morris, Richard Walter, † Iohn Whitpane.

Dost thou object any thing against any of these Persons?

Yes, I object against all of them that are called Quakers, because they are such as I know to be deeply prejudiced against G. K. and all that favour him, but am willing to be tryed by any that are not called Quakers, or such of them as are not manifestly prejudiced. Bu [...] they would not allow of his Exception. Whereupon the Jury were atte [...]ed. The form of the Attestation, as follows viz.

In the Presence of Almighty God and this Court, you shall promise, well and truly to Try & true D [...]liverance make betwixt the Honour [...]le William Penn, Proprietary and Governour of this Province, and the Prisoner at the Bar, according to Evidence.

After which, David Lloyd first, and Iohn White next pleaded very [...]ard against him, that that Letter did defame Sam. Ienings as a Magi­st [...]te, confirming it, as they pretended, by reading some Passages out of so [...]e Law-Books, and some Laws of this Province against defaming Magistrates.

To which the Attorneys of Peter Boss pleaded, That he acknowledg­ed the writing that Letter, but what was said therein concerning S. Iening [...], was not against him as he was a Magistrate, nor could it be reckoned a Defamation, because 'twas only a private Letter sent to himself, showing his dislike in some things, and desiring him to clear himself of other gross & scandalous things that were reported of him, as is usual for one Church Member to do to another; & they brought a Case out of Shepherd's Faithful Counsellor, that what is said must be Falso & Maliciose, i. e. falsly and maliciously, otherwise not actionable. And that if a man speak slightingly of a Magistrate, if it be when he is not in the exercise of his Office, it is no defaming of him as a Magi­strate, and so no trespass against the Law alledged.

To which David Lloyd replyed, That what was spoke against Samuell Jenings, must needs relate to [...]im as a Magistrate, for take away Samuell Jenings, and where will the Magistrate be?

And Sam. Ienings said, Take away Sam. Jenings the Magistrate, and where will Sam. Jenings the Quaker be?

Note, By this it se [...]meth to S. Ienings that it is as inherent in him to be a Magistrate as to be a Quaker, and therefore when his Magistracy [Page 16] ceaseth, his Quakerism (according to him) must cease, and like Hypo­crates Twins live and dye toge [...]her; but yet he may remain to be Sam. Ienings, when he is neither Magistrate nor Quaker.

And when his Attornys were a [...]out further to open the matter, how he w [...]it to him only as a Church Member, and offered to produce some Pre [...]idents in the case, Arthur Cook, interrupted, saying, They wo ld not have matters of Religion [...]iscoursed there, saying, W at must Religion be made a cover to revile and defame me [...], by saying, he did not write to him as a Magistrate, but as a Church Member?

To which G. K. (as his Friend) desired Liberty to speak, as the Law in that case a [...]ows, but they were very unwilling to suffer him to say any thing in behalf of Peter Boss, Iohn White saying, G. K. was not Rectus in Curia; but through much and long Importunity, he was permitted, who then told them, [...]hat a Distinction must needs be al­lowed of words spoke to a man as he is only in a private Capacity, and as he is a Magistrate; for when Magistrates, as Arthur Cook and Sam. Ienings, give us hard words, calling us Ranters, Apostates, Lyars, Wicked and Vngodly men, &c. ye will not say ye give us these Na [...]es as Magistra [...]s; and then if ye can speak to us, not as ye are Magistrates, we may also speak [...]o you not as ye are Magistrat [...]s.

Thomas Harris his Attorny, and G. Keith his Friend, profered to speak further to several things that had been alledged by D. Lloyd and I. VVhite, but were much menaced by Arthur Cook, and so was Peter Boss himself, which was much resented in the minds of many, that a man hath not liberty boldly to speak in his own defence, nor his At­torneys nor Friends for him, but often when they were pleading, Commanded Silence upon pain of Imprisonment: Whereupon some com­plained, that it was hard that he had not liberty fairly to plead his own Cause. To which Arthur Cook said, That as a Christian he could bear any thing, but not as a Magistrate. Which was noticed by many how A. Cook set the Christian and Magistrate in opposition the one to the other, as if we were not to expect that when they act as Magi­strates, they are indued with Christian Patience, Meekness, and Long-suffering, as if when they act the Magistrate, they put off the Christian.

[ Note, That a little before Sam. Ienings and David Lloyd would not allow of any distinction betwixt the Magistrate and Quaker, and yet now to serve his turn their Brother Cook grants it: Oh! the Co [...]fu­sion, Deceit and Hypocrisie of these men!]

pleaded further, though with much difficulty, That Peter Bos [...] being a Member of the Quakers Ch [...]rch, they ought not to go to Law with him until they had proceeded orderly with him in the r mens Meetings, and given him Gospel Order; for the things of dif­ference betwixt him and Sam. Ienings relate wholly to Church Dis­cipline, and b [...]lo [...]g to a spiritual Court, and not to this.

T [...]is is a spiritual Court; for in England they can try Atheism t [...]is Co [...]rt.

But Peter Bos [...] is not accused of Atheism; and if a man pro­fes [...] one Almighty God, this Cou [...]t hath nothing to do with him for his Opinions or Perswasions in Religious matters.

Then D. Lloyd [...]ead a pa [...]age out of a Law-Book, T at certain words spoke against a Bishop or Minist [...]r, were act [...]nable, tho' no actionable w [...]en spoke against a p [...]ivate person; which (said he) is the present case.

A Person standing by, said, May not sin be reproved in a Bishop or Ma­gistrate? At which they were greatly offended, and caused an Officer to t [...]k [...] the said Person viz. Ralph VVard, out of the Court.

Bu [...] for the [...]urther sati [...]f [...]ction of th [...] Ju [...]y, and all others present, t [...]at he did not defame Sam. Iening [...] as a Magistrate, Peter Boss greatly pressed to have his said Letter read, which after some time was done, th [...]' with gr [...]at Impatience. The which Letter here follows, viz.

Which being read, Peter Boss produced the Testimonys of several credible Persons, concerning the matters contained in the said Letter, and prest hard to have them read, because they proved some of th [...] things queried, at least. But they were very unwilling to have them read, saying, it was no evidence unless the persons were present in Court, altho' it is well known that Attestations in writing have been often accepted in this Court; & it may be noted, that at the former Sessions he had his Witnesses ready in Person waiting all the time of the Court, which was great Charge to him, but by reason of the Extreamity of the Weather, could not be present now: However, at last, through much importunity they admitted some of the Papers to be read, which here fo [...]ow, viz.

[ Note, This Iames Silver was a man in years, and a Friend, and one that has h [...]d many Servants himself, whom he thus treated for witnes­sing against his great Cruelty.]

Note, That several other Testimonies might be here set down con­cerning S. Ienings disorderly walking and behaviour in his Family and among his Neighbours▪ and particul [...]rly his Inhumane Whipping of his Servant Maid naked in her Bed, the manner and circumstances of which I shall here omit for modesties sake; but these here produced are sufficient to show▪ that there was cause for Peter Boss to write to him▪ and though these Evidences do not prove every thing queried in that [Page 22] Letter, yet these things being commonly reported abroad, were cause enough, one would think, for the Quakers to ca [...] him to an account, and search out the bottom of these things, but that he is grown so so Proud, so High and Imperious, that none dares to touch him. Nay, lately one of his own Church Me [...]ers, no [...] coming into Court at his Command, he bid Fetch him H [...]a [...]long, and fined him Ten Pound for not coming, & committed him to Goal, to remain till paid, tho' the man says, he had no business at Court, and it would have been [...] his prejudice to have gone; but all People resenting th [...]se Actions of Sam. Ienings very Ill, Arthur Cook said, I ll go to my Lord Iudge, and see if I can perswade him. Yet the next day he can put o [...] his Canonical Robe and imitate a Disciple of the Meek Iesus, and compare hims [...]lf to poor Mord [...]cai; and then again before he leaves the Pulpit, a [...] that on a Sunday or fi [...]st day of the Week, put on his Magist [...]atical Robes, and tell the People, That now he speaks to t [...]em as a Magistrate; and because they did not break up their Religious Meeting at his Command, he calls out, Is there ever an Offi er there? let Proclamation be made in the King and Queen' [...] Name for all Persons to depart to their own Habitations, and see if they'll dare to sit here. They that cannot see this man swell d above the Meekness of a true Minister of Christ, and transforming himself, like Satan into an Angel of Light, 2 Cor. 11.13, 14. I must conclude they are blind, and have lost their sences.

But to leave this Digression, after the reading in Court of as many of the above-cited Testimonies, as they would suffer, the Jury went out upon it, and brought in Peter Boss only Guilty [...] Transgressing the 29 Chapter of Laws of this Province, viz. against speaking slightingly of a Magistrate. Upon which the Bench gave Judgment, That Peter Boss should pay Six Pound.

And to back the former Instances and hints of the unjust Actions of this man, take the breviate of a Letter from one of their present Church Members to him, which is as follows, viz.

Then next George Keith called into Court and set to the Bar.

Cryer, O Yes, Silence is co [...]manded upon pain of Imprisonment.

[Page 24]The Presentment read,

We of the Grand Iury do present George Keith and Thomas Budd [...] Authors of a Book, entituled, The Plea of the Innocent, w [...]ere in p. 13. about the latter end of the same, they the said Geo. Keith & Tho. Budd defamingly accuse Sam. Jenings, (he being a Iudge and Magistrate of t [...]is Province) of being too high and imperious in Worldly Courts, calling him an Ignorant, Presumptuous and Insolent Man, greatly exposing his Reputation, and of an ill President, & contrary to the Law in that made & provided.

What say you George Keith, are you guilty or not guilty of this Presentment.

Before I be demanded to plead to the Presentment, I desire to be heard a few words. Which the Court granting, he said, I would have you to consider, that both ye and we are as Beacon set on a Hi [...]l, and the Eyes of God, Angels and Men are upon us, and if ye do any thing against us that is not f [...]ir and ju [...]t, not only these parts hereaway will hear of it, but Europe also; for if we be wronged (if God per­mit) we think to make it known to the World.

Here some were very Impatient, telling him, he menaced the Cou [...]t, but he would do well to take heed what he did, for if he spoke or p [...]b­lished any thing in derogation of the Sentence of Court, it was against a Law in this Province, and he would be punished for it.

An able Law [...]er h [...]th said, when a man is w o [...]ged, and can have no other Remedy, p [...]inting is his last: Ye [...] give Loos rs leave to complain: Our Friends have done it formerly in Old England when they have been unjustly dealt by, and particularly William Pen [...] and George Whithead. I will not say any thing against your Law, but I suppose th [...] true sence of it is, that if any derogate fro [...] the sentence of a Court, if the Sentence be ju [...]t, he is puni [...]h [...]ble, but not other­wise. Are your Courts i [...]fa lible? Is it not possible that at times they may give an unj [...]t Sentence?

Yea, our Courts are Infallible in Law, George, I assure thee.

Then why do ye admit of Appeals? If they be infallible, there is no occasion to appeal to a higher Judicatory.

Then David Lloyd went about to mend the matter, saying, They were Infallible so far as the Law [...] Infallible, and so far as they kept to the Law.

Note, This is as if he h [...]d said, they are infallible so far as they are [Page 25] [...], which is not very good sense, unless they [...] are not absolutely Infallible, but conditionally, and if conditionally only, it is possible they may give a wrong Sentence, and he who they give it against may complain, without just cause of Offence, otherwise their Court here is as Arbitrary as any in the World.

Next, G. K. de [...]red to know in what Capacity D. Lloyd did plead there against them, [...]e [...]ing he was not the King's Attorney?

We have no Kings Attorney.

I understood, that Patrick Robinson is the Kings Attorney▪

No he is not.

But he is Attorney General.

He is neit [...]er Kings Attorney, nor Attorney General.

What is he then?

He is the Proprietary's Attorney.

Now G K. still pressing to know in what Capacity D. Lloyd did plead, it was answered, Th [...]t the Court allowed him to plead.

Note; That it was admired by the Auditory, that this David Lloyd should be so Confident and Brazen-fa [...]'d, as to tell, i [...] an open Court, that Patrick Robinson was not the Kings Attorney, and thrust himself into that place, purposely to vent forth some of his inveterate Hatred [...]nd Malice agai [...]st G. Keith and the rest, which he did to pu [...]pose, by [...]r [...]ining and perverting the places, by him brought, from their true [...]ence; and yet this man pretends to be a late Convert to the Religion of the People called Quakers. If they were all such, i [...] would make one abhor them for Notorious Hypocrites.

I de [...]re you to [...]ear me a little further, and that is, That I think it very unfair, that these who are deeply prejudiced against me, and my opposite Parties and Accusers, should be my Judges, as par­ticularly Sam. Ienings and Arthur Cook, the last of which but a few days ago (the 5 of 10 mon.) told me at this own house, before divers Witnesses, and Iohn White, Sheriff, is witness, that when he warned me to the Court, I told him, I thought to come, but did not think to plead, unless I [...]ad a fair Jury, A [...] Cook said, Truely George, a Foul One will serve thee. Now let the Court judge, whether this man is fi [...] to sit upon the Bench to judge me, who says, That a Foul Iury will serve me. Suppose I had been the greatest Malefactor, will any say, A Foul Jury will serve to try me? Is no [...] this to destroy all Fun­d [...]me [...]tal Laws? I appeal to you here, the Justices and Jury, such [Page 26] [...] are most manifestly Prejudiced against [...] Testimony to the Quakers an [...]ient Principle against all use of outwa [...]d Weapons, Whether ye do as ye would be done by? Would ye be will­ing that a company of men wholly of our side, (tho' honest) should be on a Jury to judge you?

We shall take care that ye shall not be our Iudges: Which was an Evasion from the Question, and seemed to be a Jest or Scoff that he pleased himself with, and which are more frequent with him then Expressions of Mercy and Justice.

I have yet something further to say, before I plead to the Presentment, but being unacquainted with your Formalitys in Law, desire that no advantage may be taken against me on that account.

No advantage shall be taken against thee on that account.

VVhat say you, George Keith, to your Presentment, are you Guilty or not Guilty?

Not guilty in manner and form. And now that I have an­swered to the Presentment, Not Guilty, my chief and only Plea that I think to make use of, unless ye will say that so to do is a Contempt of the Court, and of your Authority, which by no means I would be guilty of, my chief Plea is, That I am not presentable by the Grand Jury for any thing alledged against me, they being no Offences against the King, Governour nor Country, what I have said was only against particular Persons, who if they think themselves wronged by me, ma [...] sue me in their own Names, and I am ready to answer them·

It is no Contempt of Court, but the season of your so pleading is over, you should have said so before you pleaded, Not Guilty; now you must submit to be tryed by the Country.

I knew no [...] this formality in Law, ye told me, ye would take no advantage against me in that respect. But the Clark still pressing him to come to a Tryal, G. K. further said, I think not to make any other plea; for the things for which I am presented are not against the King, Governour, nor any Nusance to the Country, nor against particular Persons, as Magistrates, and therefore not presentable.

If ye refuse to be tryed by the Iury, the Bench has Power to fine you.

I shall take my hazard of that; I have able Council that the things whereof am accused, are not presentable by the grand Jury.

If able Council has so advised thee, their Counsel has failed in this ▪

To call a man Proud and Imperious is not Actionable.

Tho' not Actionable, yet Presentable.

If not actionable, not presentable.

That is not a good Consequence.

[...]ut let all impa [...]ia [...] Re [...]ders judge, whether it be not a good Con­sequence, that if words spoke concerning particular Persons, not as Magistra [...]es, be not actionable, that therefore they are not presentable, because, for what are they presentable, seeing they are neither against the King, no [...] Go [...]ernour, nor Country, nor particula [...] men as Magistrates?

There is a Law of this Province, that no words of Defama­tion must be spoken against a Magistrate, nor shall any speak slightingly or ab [...]sively of them, which thou hast done.

They were not spoke to him as a Magistrate, nor when he was in the exercise of his Office; and to call him Hig [...] and Imperious do [...]h not reflect on him as a Magistrate: If I had called him Ignorant in the Laws, and Vnjust in the Execution of them, this would have reflected on him as a Magistrate, but [...] to cal [...] him High & Imperious, for Pi [...]ty; whereof Humility is a Branch, is no essential Qualification of a Magistrate, tho it be of a Christian and Minister of Ch [...]ist; the only essential Qualifications of a Magistrate, are to be knowing the Laws, and just in the Execution of them.

[ Note, That it is no Reflection on a Taylor, Shoe-maker, or the like Trades-man, to be called Proud, for he may be a good Artifi [...]er al­tho' he be Proud, but to be Proud reflecteth on him as he professeth to be a Christian or Minister of Christ. And this distinction Sam. Ienings must needs allow, unless he will say, that when he exerciseth his Ma­gisterial Office he is no Christian, but wholly putteth off his Qualifica­tions of a Christian, as a man putteth off one Garment and putt [...]th o [...] another. But if he will say he is still a Christian, as well as a Magistrate, then he ought to be humble, meek and forbearing, especially to hi [...] Fellow Church Members, not high and imperious, and exacting t [...]e severity of the Law of them; for even the Law saith, Sumum jus, Summa Injuria; i. e. The Ri [...]our of the Law is high Inj [...]stice ▪ for if the Law of England be Lex Mis [...] [...]rdiae, as it is called, then well may the Law of Christianity be called Lex Miserc [...]rdiae, i. e. Th [...] Law o [...] Mercypunc; [...]hat is, forbearing, and exacteth not the utmost farth [...]ng.

Note further▪ That one Reason of th [...]se word [...] [Page 28] in the Plea of the [...], viz▪ [...] ▪ [...]enings, [...] [...]oo high & imperious in wor [...]ly Courts ▪ was, that a little time before he had commanded to bring one of his fellow Members (viz. Samu [...]ll Buck [...]y) Headl [...] [...] to the Court, and fined him ten Pound for refusing to come [...] his Command, and sent him to Prison, to remain without Bail till paid. Now admit he did not illegally in this, or unbecoming a severe austere Magisterial Officer, yet was it not unbecoming a tende [...] Christian ▪ who should be meek and merciful?

Having refused to plead other wise than as above mentioned▪ Dav. Lloyd bid the Cl [...]rk record him Nihil dicit, i. [...]. he saith nothing. To wh [...]ch G. K. replyed, Why should he record me nihil dicit? I think I have said a great deal. And after some further disco [...]rse, G.K. was set aside, and Thomas Budd set to the Bar, the most mat [...]rial dis­course that passed here follows, viz.

The Presentment being read, the Clark said, Thomas Budd, Wh [...] say you, are you guil [...]y, as you stand here presented, or not guilty?

Not guilty, as there presented, but own my self to b [...] one of the Authors of that Book, called, The Plea of the Innocen [...].

By whom will you be tryed?

By God and the Country.

as Attorney against him, pleaded, That to [...]all a man proud and Ignorant, was to reflect on the Governour that constituted [...]im, &c.

in behalf of Tho. Budd, answered, That what was there said of Sam. Ienings, as to calling him Ignorant and Presumptuous, was not said of him, as he was a Magistrate, but as he professed himself to be a Christian and Minister of Christ; I pened those word [...] in the Plea of the Innocent, concerning S. Ienings, and know they were not intend­ed against him as a Magistrate, as the fore-going words in that Book do manifest; but that he is ignorant in Divinity, that book gives an Instance, and we now here affirm, else he would never have said, That to do Gods Business, we needed Gods Power, but to do o [...]r own Business, as [...], we needed not a supernatural Power, nor have joyned with them th [...] say▪ The Light within is sufficient to Salvation without any thing [...]lse ▪ th [...]r [...]y excluding the Man Christ Jesus from having any part in our [...]alva [...]ion. And our calling him Presumptuous and Insolent did relate to [...]is severe pressing me to an absolute Su [...]mission to their Judgment▪ in a matter of Conscience, whenas S. J. refused to submit to the Judg­ment [Page 29] of Frie [...]ds, both here and at London, in worldly matters; also, his calling me Apostate, and wors [...] than Prophane, in a publick Meeting, as well as in private, and saying, We shall let thee to [...], George, that [...] shall judge thee, and his signing that Paper of the 28 against me, wherein they so boldly assert, That they have tenderly and orderly dealt with me; whenas they nev [...]r dealt with me.

After some further pleading, the Jury were called, and Tho. Budd was asked, If he had any Exceptions to make against any of them?

Yes, I except against all of them that are called Quakers, because I perc [...]ive they are th [...]m that are parties against me.

That is too general, and is no Exception in Law.

I except particularly against Ri [...]h. Walter, because [...] signed the Paper of the 28 against us (which this Book was an Answer to) and against Iam [...]s Fox, because he signed a Paper in the Quarterly against us; and I except against Jos [...]ph Kirle and Jo [...]n Whitpane. because they have spoke against G. K. and me, and justified these Presentments against us.

But these Exceptions would not be allowed of, and therefore the above named Jurors went forth, and next morning brought i [...] their Verdict, That Thomas Budd was guilty of saying, Samuell Jenings had behaved himself too high and imperiously in Worldly Courts.

To which Tho. Budd & George Keith pleaded, That it was no Verdict, not being found to be a breach of any Law, any more than the Verdict of the jury at Old Bayley, which was▪ That they found W. Penn guilty of speaking in Grace-Church-street, which the Court took to be a clearing of him. But this was nothing regarded by our Justices, for they pro­ceeded and gave Judgment against Thomas Budd and George Keith, viz. That they should each of them pay fi [...]e Pound a piece, as a Fine. And tho' in this case Sam. Ienings was the Person only concerned as the Adver­sary Party, yet he sate o [...] the B [...]nch when th [...]y gav [...] Judgment against G. K. and T. B. Which was judged most unreasonable and illegal, that Sam. Jenings, (who is the Governour's Recei [...]r of all Fines and Forfeitures) should be so actively conc [...]rned i [...] [...]ining these men, having so manifestly before showed his Prejudice against them. Beside, it be­ing expr [...]sly contrary to a Vote of an Ass [...]mbly of this Province, the 3d Month, 1689 (where Arthur Cook was Speaker) viz.

Resolved, nemine contra dicents, That it is an Agrievance that any Person who is commissionated or appointed by the Governour to receive the Go­vernour's [Page 30] Fines, Forfeitures and Revenues whatsoever, shall [...] in any Court of Judicature within this Government, in any matte [...] or cause whatsoever, where a fine or forfeitur [...] shall or may accrew to the Governour.

But Arthur Cook could now wink at this Ag [...]ievance, and let Samuell Ienings sit on the Bench when these Persons were fined.

But for a further proof that Sam, Jenings ha [...] shown himself too High and Imperious, observe what follows, viz.

1 st. That when G. K. was pleading in Court, and showing how S. J▪ had behaved himself too high and imperious, he said, If this be High and Imperious, I will be yet more High and Imperious.

2 dly, Upon the Jury's bringing in their Verdict against Th [...]. Ashly, S. J. thus menaces him, viz. Thou told me formerly that I had done any worst, but now thou art fallen into my hands, thou shal [...] know that I have not done my [...].

3 dly, He said to another Person, Thou shalt have as little Justice as I can.

4 thly, He said to John Skeen, who had been Governour, and was then Judge, Thou pitifull W [...]ip-jack, I despise thee; and yet we find not that Jo [...]. S [...]een had him presented or prosecuted at Court for this more than ordinary abusive and scurrilous Expression, short of common Huma­nity; and yet this is he who now can say, He will bear no affront, thereby showing how [...]like he is to a true Christian, and even to many as well Heathen as Christian Magistrates, who have born with Patience great Aff [...]onts and Reflections from Persons far inferiour to them.

5 thly, Another Instance of S. J 's Pride and Insolency is, that on the 10 of the 10 Month, coming out of Court, said to Ralph Ward and Iohn M ^cc Comb, in the open Street, before many Witnesses, If I draw forth my Hand against you, (stretching forth his Arm and shaking it) I will not pull it in untill I have quelled you all. This presumptuous Expression savoureth too much of Lucifer's Pride, who said, I will be like the most High, I will exalt my Throne above the Stars of God, Isa. 14.13, 14. It is too High an Expression, and too peremptory for any mortal Man to say, If I draw forth my Hand, I will not pull it in untill I have quelled you all. What is this in a manner, but to equal himself to God Almighty, Deut. 32.40, 41. For I lift up my Hand to Heaven, and say, I live forever, If I whet my glittering Sword▪ and mine Hand take hold on Iudgment, I will render Vengeance to mine Enemies, &c. Oh! is it not above the Power of mortal Man, to say, If I [...] out my Hand▪ I will not pull it in untill I have quelled you all! Is not this to talk a [...] [Page 31] if he wer [...] the Almighty? But know, O vain weak Man! thy Breath is in thy Nostrills, and that infinite Power that made thee, (if thou draw forth thy Hand against the Innocent, glorying in thy Power that is but small) may cause thy Hand to Wither or turn Leprous, and lay thy Body and Power in the Dust, and cast both Soul and Body into Hell Fire. And therefore Repent of this thy abominable Pride and Insolency before it be too late.

And tho' Sam. Ienings is now so zealous for the prosecuting them that say any thing a [...]ainst Magistrates, yet its not long ago that he spoke much against Tho. Lloyd Deputy Governour, and carried about (out of one County into anothe [...]) a parcell of Lampooning Rhymes, made against T. L. call'd, Taffy's Fair, which he repeated over his Pots of Beer to make sport for the Company.

But to r [...]urn, altho' the Jury brought in a special Verdict, which was only, [...]hat Thomas Budd was guilty of saying, Sam. Jenings had shown himself too high & imperious in Worldly Courts, which is no Trans­gression of any particular Law, yet the Bench gave Judgment against them as tho' they had broke some Law, which was, That G.K. & T.B. should pay 5 l. a piece. Whereupon they finding themselves aggrieved by this Judgment, craved an Appeal to the Provincial Court in Law, which was denyed them. Then by Advice of able Council, they re­quested an Appeal to the King and Queen, & their Council in England, the King having reserved all Final Appeals to himself, in the Charter to W. P. But this also was denyed them, (tho' Robert Turner declared his dissent in this matter, as in several other their Proceedings) so that the said Persons are left without all help or remedy, but must un­dergo the Arbitrary Sentence of this Court.

And as a further Mark of the miserable decle [...]sion of these men, and of their cold zeal for the honour of God, take a view of two Laws which they now execute; the first is the 5th Chapter of their Laws, where it is enacted, That whosoever shall speak loosely and prophanely of Almighty God, Iesus Christ, the holy Scriptures or Spirit of Truth, shall for every such Offence pay 5 s. The other place is Chap. 29. where it is enacted, That whosoever shall speak slightingly, or carry himself abusively against a Magistrate, shall for every such Offence suffer according to the Quality of the Magistrate, provided it be not less than 20 s. according to which Law they have fined Peter Boss Six Pound, & G. K. and T. B. e [...]h Five Pound, for speaking slightingly of Sam. Ienings, as they pretend. Whereas if they had spoke Prophanely of Almighty God, Iesus [...] ▪ [Page 32] Christ, the Spirit of Truth or holy Scriptures, the Law in [...]lic [...]s but [...] Were not these me [...] far more zealous for their own Hono [...]r than th [...] Honor of God, they would never let this disproportion of Punishment for offences against Almighty God and poor Mortal Man, stand upon Record thus, to their shame and Infamy.

The 10 of the 10 Month, 1692. William Bradford was called into Court, and set to the Bar,

The Presentment read, the substance of which was, That they pre­sented the 9, 10, 11, & 12 Articles of the [...]aper, call'd, [...]n Appeal▪ &c. as being o [...] a [...]end y to weaken the hands [...] the Magistrates. And we pre­sent [...] Bradford [...]or printing o [...] [...] said Seditious Pap [...]r, &c.

W [...]at say you, William Bradford, are you guilty as you stand presented, or not guil [...]y?

I [...] the first place, I desire to know, whether I am clear of the Mittimus, which di [...]ers f [...]om the Presentment.

The [...]lark and ttorney re [...]d and perused the Mittimus & Present­ment, and finding them to differ, said, T [...]t w [...]en W. B. was cleared according to Law, he was clear of the Mittimus.

[...]ut W. B. in [...]ist [...]d to know, Whether o [...] the issue of the Pr [...]se [...]t­ment, he was clear of the Mittimus? And after a long debate thereon, answer was made, That W. B. was clear of the Mittimus on the Issue of the Presentment.

Next, W. B. desired to know what Law that Presentment was grounded on?

It is grounded both on Statute and Common Law?

Pra [...] let me se [...] t [...]at Statute [...]nd Common Law, else how shall I make my Plea? Justice Cook told us last Court, That one reason why ye de [...]erred o [...]r Tryal then, was, that we might ha [...]e time to prepare our selves [...]o answer it; but ye n [...]ver let me have a Copy of my Presentment, nor will ye now let me know what Law [...] prosecute me upon.

Its not us [...]al to insert in Indictments against what Statute the Offence is, w [...]en its against several Statutes & Laws made, and [...] thou wilt no [...] pl [...]ad Guilty or no [...] Guilty, thou wilt loose thy Opportu­nity [...] bring tryed by thy Country And they order'd the Clark to write [...]own, t [...]t W. Brad [...]ord refused to plead; which he did; but as he w [...]ting it down, W. B. desired they would not take that advantage against him, for he refused not to plead, but [...] requested that which [Page 33] was greatly necessary, in order to his making his own Def [...]nce; and several in the Court requesting on the Prisoners behalf, that the Court wo [...]ld not take advantage against hi [...], they [...]mitted him to plead, and he pleaded, Not Guilty.

Then the Jury were called over, and attested, viz. H [...]mphery Wa [...]e [...]an, Ioseph Kirle, Iames [...]x, [...] Hoult, Thom [...] Wharton, [...] Marle, Nic [...]ola [...] R [...]acou [...], Iohn Wh [...]tpa [...], Richard Sutton, Richard Wa [...]t [...]r, Thomas Morris, Abraham [...]. But before they were attested, they asked W. B. if he had any Exceptions to make against any of them that were returned for the Jury?

Yes, I have, and particularly against two of them, (and which Exceptions I think are rational,) and that is against Ios. Kirle a [...] Iames Fox; for at the time when I was commited to Prison Ar [...]hur Co [...]k told me, That Ioseph Kirle had said, That if the proceedings o [...] the Magistrates was t [...]us [...] fault with, that they must not defend themselves against Thieves and Robbers, Merchants would be discouraged of coming here with their V [...]ssels, &c. And I except also against Iames Fox, because on the first day after Babi [...] and his Company were taken, I being at Sam. Carpenters, there was Governour Lloyd, Iames Fox, and several others, & in discourse concerning taking of the said Privateers, Iames Fox greatly blamed W. Walker, because he found fault with some Justices that were Quakers, for commanding men, and as it were pres­sing them to go against the said Privateers; and also Iames Fox joyned with Tho. Lloyd in saying, He would mark them as Enemies to the Govern­ment and well being of the Province, who were neutrall in the case of going against Babit &c. By which Instances I think it appears that these two Persons have prejudg'd the Cause that is now to com before them; Ioseph Kirl [...] acknowledged he had spoke such words, and desired to be on [...]ha [...]g [...]d; but they would not al [...]ow of these Exceptions▪ altho' it is frequent in these Courts to change Jurors on bearly saying they do except against such a one.

These are no Exceptions in Law; hast thou at any time [...] say that thou printe [...] that Paper? [...]or that is only what they are to find.

That is not only what they are to find, they are to find also, whether this be a seditious Paper, or not, & whether it does not tend to the we [...]kening of the hands of the Magistrate.

No, that is matter of Law, w [...]ich the Iury is not to [...] [Page 34] with, but find whether W. B. printed it or not, and the Ben [...]h is to judge whether it be a seditious Paper, or not; for the Law has determined what is a Breach of the Peace, and the penalty, which the Bench only is to give judg­ment on.

You are only to try whether W. B. printed it, or not.

This is wrong; for the Jury are Judges in Law, as well as in matter of Fact. Which D. Lloyd again denyed. Where­upon some of the Jury desired to know what they were to be attested to try, for they did believe in their Consciences, they were obliged to try and find whether that Paper was seditious, as well as whether Will. Bradford printed; and some of them desired to be discharged. —A great Noise and Confusion among the People.

Some on the Bench showing their willingness to allow of W. B's Ex­ceptions against the two Jurors, Justice Cook said, I will not allow of it▪ is there four of us of a mind?

Then D. Lloyd began to read the 9, 10, 11, & 12 Articles of the said Appeal, and commented thereupon, denying, 1 st, That any men were hired to fight, but only to fetch back the Sloop; 2dly, That there was no Commission given, but only a Hue-and-Cry or Warrant, as might be in any other ordinary case, and what was done was in case of great necessity, when a Company of Rogues had Pyratically stollen away a Sloop to the great terror of the People of this place; and if the Magistrates must be blamed for their proceedings herein, what do you think will be the consequence thereof, but to encourage all manner of wickedness? And Will. Bradford is presented for printing and publishing this seditious Paper, whereof you of the Iury are to find him guilty, if it appear to you that he has printed it.

I desire you of the Jury, and all here present, to take notice, that what is here contained in this Paper is not Seditious▪ but who [...]ly relating to a Religious Difference, and asserting the Quakers [...]nt [...]nt Principles, and is not laid down positive, that they ought not to have proceeded against the Privateers, but laid down by way of Query, for the People called Quakers to consider and resolve at their Yearly Meeting, Whether it was not a Transgression of the Quakers Prin­ciples to hire and commissionate men to fight?

If it was intended for the Yearly Meeting at Burlington, why was it published and spread abroad before the Meeting?

Because it might be perused and considered of by Friends be­fore the Meeting, even a [...] the Bills that are prepared to be passed into [Page 35] Laws, they are promulgated a certain Number of days, before the As­sembly meets, that all may have opportunity to consider them.

Then D. Lloyd read the Act against Printing, 14 Car. 2. cap. 33. against Books being printed without the Printers Name to them, and he said, That was one Act which they prosecuted W. Bradford upon.

To which [...]. K. answer'd, and it may be observed, the singular and extraordinary Severity of these Justices, called Quakers, who will pick out a Statute made in Old England, and prosecute a man upon here, which might Ruin him and his Family, tho' its not certain whether that Act be in force; whenas most of W. Penn's & the Quakers Books were printed without the Printers Name to them, when that Act was in force; and yet we never heard that any Printer in England was prosecuted for that; and therefore these here have exceeded them in England; which manifests their Malice and revengeful Spirit, that because they cannot fix the matter to be any Breach of the Peace (tho' they pretend it is) they'll prosecute the Printer for not putting his Name to what they suppose he Printed.

Note, That all the time these Persons were upon Tryal, the grand Jury sate by them, over-awing and threatning them when they spoke boldly in their own defence, and one of the Jury had Pen, Ink & Paper to write down such words as they disliked, signifying that they would present them, and Justice Cook other times bid them take notice of such and such words, thereby over-awing the Prisoners that they had not liberty to plead freely. And when Tho. Harris, at the Request of the Prisoner began to say something to the matter, they stopt him, and bid an Officer take him away, and Arthur Cook said, That he should plead no more there.

After a long time of pleading, D. Lloyd began to summons up the matter to Jury, How that the printed Appeal was a Seditious Paper, and tended to weaken the Hands of the Magistrates, and encourage all manner of Wickedness; and that it was evident W. Bradford printed it, he being [...] Printer in this place, and the frame on which it was printed, was found in his House.

I desire the Jury, and all here present to take notice, that there ought to be two Evidences, to prove the matter of Fact, but not one Evidence has been brought in this case.

The Frame on which it was printed is Evidence enough.

But where is the Frame, there has no Frame been produced [Page 36] h [...]e; and if there had, it is no Evidence, unless ye saw me print on it.

T [...]e Iury shall have the Frame with [...]em, it cannot well be bro [...]ght here, [...] beside the Season is cold, and we are not to sit here to [...]da [...]ger our Health; yo [...] are minded to put Tricks upon us.

You of the Jury, and all here present, I desire you take notice, that here has not one Evidence been brought to prove that I printed the Sheet, call'd, A [...] Appeal▪ And whereas they say, the Frame is Evidence, which the Jury shall have; I say, the Jury ought not to hear or have any Evidence whatsoever, but in the presence of the Judge and Prisoner.

Yet this was nothing minded, but Sam. Ienings summoned up to the Jury what they were to do, viz. To find, 1st. whether or not that Paper, call'd, the Appeal, had not a tendency to the weakening the hands of the Magistrates, and encouragement of VVickedness: 2dly, VVhether it did not tend to the Disturbance of the Peace? And, 3dly, VVhether William Bradford did not print it, without putting his Name to it, as the Law requires?

The Jury had a Room provided them, & by that time they had been a quarter of an hour together, the Sheriff caused the Frame to be car­ried in to them, for an Evidence that W B. printed the Appeal.

The Jury continued about forty eight hours together, and could not agree, then they came into Court to ask a Qu [...]stion, viz. VVhether the Law did require two Evidences to find a man guilty? To answer which D. Lloyd read a passage out of a Law Book, That they were to find i [...] by Evidences, or on their own knowledge, or otherwise: Now (says [...]. Lloyd) this otherwise is the Frame which you have, which is Evidence sufficient.

The Frame which they have is no Evidence, for I have not seen it, and how do I or the Jury know that that which was carried in to them, is mine,—Interrupted — The Jury sent forth again, and an Officer commanded to keep them without Meat, Drink, Fire or Tobacco.

In the Afternoon the Jury came into Court again, and told, they were not like to agree. Whereupon the Court discharged them.

Then VV. Bradford told the Court, That seeing he had been so long detained Prisoner, and his Utensils with which he should work having been so long detained, he hoped now to have his Utensils returned, & to be discharged from his Imprisonment.

No, thou shalt not have thy things again, nor be dis­charged, [Page 37] but I now let thee know, t [...]o [...] [...]tands in the same Capacity to answer next Court, as be [...]o [...]e.

Next Court being come, VVill. Bradford attended, and desired to know whether he should have his Utensils, and be discharged? Art [...]ur Cook answered, Tho [...] shalt not have thy Goods until released by Law.

The Law wi [...]l not release them, unless executed.

I [...] thou wilt request a Tryal, thou may have it.

Whereupon I Query, 1 st. Whether it be practicable, or according to Law to seise mens Goods and imprison their Persons, and so detain them under the Terror of a Goal, one six Months after another, and not bring them to Tryal, unless requested by the Imprisoned?

2 dly. When a Jury is Sworn, VVell and truly to Try, and true Deli­verance make between the Proprietor and Prisoner, Whether it be not very illegal to absolve them from their Oath, dismiss them, and put it to another Jury to try?

Now it may be observed, that nine of these Jurors were Persons pre­judiced against G. K. and the rest, and the other three happened to be moderate Persons that were not called Quakers, and the reason they could not agree, was (as some of the said Jurors, called Quakers, have told) that these three Persons stood upon the Nicity (as they ca [...]l'd it) of Evidence that VV. B. printed that Paper; whereas the other Jurors called Quakers said, they believed that VV: B. printed it, and that it was a seditious Paper, &c. and they would not acquit him.

Does not this show the great declension of these People from their antient Principle against the use of Carnal Weapons, that for only proposing it to be enquired into, Whether it be not a Transgres­sion of the Quakers Principle, for any of that People to hire and com­missionate men to fight, that th [...]y will cast men into Goal, & prosecute them as Seditions Persons for so doing?

Here follows a breviate of a Paper that was presented to the Court, to show, that it was agreeable to the Quakers antient Testimony not to fight, which they took little or no notice of.

See also Rob. Apology, Thes. 15. §. 15. p. 399. And §. 15. p. 407. he says, ‘As to what relates to the present Magistrates of the Christian World, albeit we deny them not altogether the Name of Christi [...]s, because of the publick Profession they make of Christs Name, [...]et we may boldly affirm, that they are far from the Perfection of the Christian Religion, because of the state in which they are, they have not come to the pure Dispensation of the Gospel; but for such whom Christ hath brought hither, it is not lawful to defend themselves by Arms, but ought over all to trust in the Lord.’

‘ Object. The Scriptures and old Fathers, so called, did only [...] pri­vate Revenge, not the use of Arms for the Defence of our Country, Bodies, VVives, Children, Goods, when the Magistrate commands it.’

‘ Ans. If the Magistrate be truly a Christian, or desires to be so, he ought in the first place to obey the Command of his Master, saying, Love your Enemies, &c.’

R. B 's Answer to Brown, §. 16. p. 181. Brown mentions the necessity of Defensive VVar, to defend from those that unjustly assault, and Thieves, Robbers and Cut-Throats, &c. R. Barclay saith, Herein he speaks more like an Atheist, than a Christian, and like one who be­lieveth nothing of a divine Providence in restraining evil Men.