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The Christian Progress of George Whitehead From His Journal, a Separated Section on The following account
We, George Whitehead and Thomas Burr, providentially and unexpectedly meeting together, about ten or twelve miles from the city of Norwich, the 19th day of the first month, (March), 1680, determined, from a necessity upon our Spirits, in true friendship and Christian charity, to visit our friends at their public meeting in the said city, on first-day, the 21st of the same month. We could not well omit this duty with clearness in the sight of God, or with inward satisfaction to our consciences, although we understood beforehand that persecuting informers and disturbers were apt to be busy against our friends' meeting in that city. We freely submitted to the will or God, and with our eye to him, were resigned to divine Providence, as to what might be suffered to come to pass, for the holy truth’s sake and service. The meeting of the people called Quakers in the city continued peaceable in the morning and likewise in the afternoon, for about half of the usual time, in which Thomas Burr had an opportunity peaceably to declare the truth, and after him, George Whitehead declared for a little while. In the interim a rude company, chiefly informers, entered tumultuously and violently, crowding into the meeting in order to pull George Whitehead down. He asked them several times to show their legal authority. They used abusive words and endeavored to insinuate to the people that he might be a Jesuit, demanding their names and residence. George Whitehead detected their abuse and false defaming insinuation to the people, and gave his name and residence to prevent suspicion. Again he demanded by what authority they came to disturb our meeting and call us in question, asking them produce their warrant; but they refused to give a reason, or show any warrant. So after a tumultuous bustle and a hideous noise, which they made in the meeting, being prevented by the great crowd from coming at us to hale us away, most of them left. In a little time after, Thomas Seamans, one of the sheriffs of the city, came in, calling for us, and came to us, the people making way for him. He required us to go along with him, holding George Whitehead fast by the hand and leading him along out of the meeting; proceeding to about half way to the prison, with other persons, who were the disturbers and informers, to guard us to the prison. The sheriff turned us in at the jail door, and left us there, where we were detained about two hours. We were then sent for, and the jailer took us before Justice Bacon, the recorder of the city. After some time he called us into a room - many other persons coming in - where the priest of the parish, named Whitefoot, was also with him. The priest first seemed offended and began to question us about our hats, and afterwards about sacraments, often interrupting and interposing between us and the justice, as one seeking occasion against us; but he was plainly answered and reprehended by us, the prisoners, for his incivility, though the recorder showed no dislike of his carriage. Having his law books and bible before him, the recorder began asking us our names, residences and trades; and inquired, if we were in orders, [religious orders such as Jesuits or Dominicans] or had orders from Rome. To all which we gave him a plain account, denying any such orders; and solemnly, in the presence of God, declared our abhorrence of popery. Then he questioned us about our preaching that day in the meeting, to which we also gave him a plain and Christian answer. After some discourse, he read part of the act against conventicles,* and insisted that we were offenders against it, and threatened that he would fine us twenty pounds a man; and then demanded of us to deposit the money. But we told him, we did not have the freedom to do that, although we have estates responsible, that lie open to the law, where our habitations are. We told him this, and did somewhat insist upon it, so that he would not be able to fine others on our account; and partly to prevent him from imposing the oath of allegiance upon us, to circumvent and entrap us; he questioning us, whether we would take it or not, we answered in general, that we could take no oath for conscience sake; and therefore desired him to take that as a caution, not to go about to ensnare us with it, since he had begun with us upon another statute, regarding our meeting. He said, if we could neither pay the fines nor take the oath, he would commit us to jail. And finding none ready to deposit the fines, the informer whispered in his ear, as he allowed him several times to do, though requested by the prisoners to the contrary.
Then he inquired, when we came into the city, and where we lodged? And where we left our horses? To all of which questions, we answered. One or more of the informers, after some whispering with the recorder, went from him to the inn where our horses were kept, but in the interim some friends had taken them away unknown to us, though some have wrongfully upbraided us in that matter, as craftily designed and knowing of it. So he told us, he would commit us to prison until the next court sessions, and there the oath of allegiance should be again tendered us, and we should be premunired* if we refused to take it; but if we would pay our fines, he would not send us to prison. Which we declined, having told him where our residences and estates were, which were responsible, he concluded with these words: de non apparentibus et existentibus eadem est ratio; (of things not appearing, and things not in being, there is the same reason); meaning our estates that are in London and Ware, appear not at Norwich; therefore they are not in rerum natura, or do not exist. This was a strange kind of logic or reason to apply to this case; [but which allowed the Recorder to seize property from others attending the meeting to cover the fines levied against Whitehead and Burr, whose property was not nearby and therefore inconvenient to seize. This was the game of greed: the informer got 1/3, the City 1/3, and the king 1/3 of all fines and seizures].
After a little while he told us that if we would give security [like a bond] to appear at next quarter sessions, he would not send us to jail. Not having freedom to do so, we requested that he would but let us lodge out of prison that night, so that convenient lodging might be prepared in prison for us. It was then somewhat late in the evening, and we promised, God willing, to appear at prison next morning; and some others with us promised to secure our appearance then. But by no means would he grant us that small civility, unless we would deposit forty pounds bond or security for our appearance next morning at prison; which kindness of his, not worth further discussion, we did not accept. So he sent us that night to the jail, where we remained satisfied in the will of the Lord, to wait upon him in patience and submission to his good pleasure. There were many other material verbal exchanges that occurred, but which cannot well be collected in due order, and are omitted for brevity's sake. Among other reflections, the recorder, rendering the said prisoners seducers, seditious, etc., told them of a statute still in force, that was made in queen Elizabeth's days, to hang persons such as us. Being asked by the prisoners if be could prosecute them upon that law, or execute it upon them? He answered, yes; if the king should give order to have it put in execution, he would do it; he would prosecute them, and have them hung, if they would not abjure the realm, or to that effect. After the substance of the account given before was written, these following testimonies were by some Friends delivered to the prisoners, in which are the names of some of the tumultuous disturbers and in formers before mentioned, some of whom refused to tell their own names when asked in the meeting. It was observed in the late disturbance of our meeting in Norwich, that Paul Hartly, one of the chief of them, was seen to snatch off John Sharping's hat, and threw it a great distance over the people's heads in his wrath. One Christopher Nobs, clerk of Gregory's parish, came into the meeting at Norwich, pushing on each side with his elbows, and struck Rose Gogny such a hard blow on her breast, that it was sore several days. Also Charles Alden, the vintner, at the sign of the Charing Cross, came calling out, “The church doors stand open, but they will be hung before they will come there." And while a Friend was speaking, said, "Pull down that puppy-dog; why do you allow him to stand there prating?" It plainly appeared that Charles Alden and the rest of those rude and tumultuous persons, behaved themselves more like atheists, than persons of any seriousness, having regard to religion, or Christianity: no, let humanity and common civility condemn their behavior. What sort of ornament can such sons be to the church; let their priests and all serious persons judge? Though Alden is considered a great singer at the cathedral, i.e., one of their singing men, how immoral and brutish was his behavior? How busy was he also with the recorder against the prisoners, informing, muttering, and whispering against them? Greatly inconsistent with so much as the pretence of common justice to allow, much more to countenance such work. Surely the righteous Judge of all will plead with all such malicious agents, and such injustice will not go without rebuke. A copy of the prisoners' letter delivered to the mayor before the quarter sessions, containing a twofold request.
We desire this, may be communicated. An account of the substance or principal parts of the procedure at the quarter sessions at Norwich, held for the city and county of the same, the 28th day of the month called April, 1680. Collected and compared by several hands, and digested into as much order as the capacity of the sufferers, and the circumstances of proceedings would admit. The quarter sessions for the city and court of Norwich, begun the 19th day of April, 1680. Adjourned until the 26th, and continued the 27th and 28th of the same. And again adjourned until the 17th of May, 1680. The prisoners, George Whitehead and Thomas Burr, were called into court the 27th of April, of 1680. Nothing was said to them then by the court, but they returned back immediately to prison, upon pretence of a mistake about their have been called. At the quarter sessions for the city and county of Norwich, the 28th day of April, 1680, the prisoners were brought the bar, their hats ordered to be taken off; and their hats were taken off. George Whitehead standing up to the bar, began thus: The law of England requires two things of the court with respect to the prisoners; 1) the patience of the court, and 2) the indifference of the court towards the prisoners. So that their case may be patiently heard and considered, without prejudice, before any judgment is ruled against them. This we expect from the court. We have been in prison for five weeks; it is time for the court to know for what reason. Pray let our mittimus be produced and read in court, that it may be understood what charge we suffer under. Our suffering is twofold. First, above five weeks confinement. Secondly, the charge that is against us in the mittimus: we request that the mittimus may be produced and read in court. Recorder. There is no need of your mittimus to be read here. I will give account of the cause: I will inform the court. These persons had been two (not true) months from home, and had been up and down in the country in Suffolk, (only Whitehead) at a burial, &c. And then they came here, and here they gathered a company together, of about two hundred, and the officers went from me to dissipate them, but could not. So I sent the sheriff, and he took them away, and put them in prison. (the prisoners did not have the opportunity to speak to this account). And then they were brought before me; and after conviction made, I proffered them, that if they would pay their fines, I would not commit them to prison; but when they would not, I tendered the oath of allegiance to them. After they refused to take the oath, I sent them to jail; as I think I very well might. George Whitehead. We are Englishmen, and have a right to travel in any part of the nation. Thomas Burr. I am a person that has been trading in corn, in this county as well as in others; and by the law of England, a man may travel from place to place about his concerns, and ought not to be molested while he walks peaceably. Recorder. Had not you better been turning your malt at home, than to come here to preach? The apostle Paul exhorts to follow convocation wherever you are called. The scripture says, "God added to the church those as should be saved:" but you draw from the church.
Recorder. There is a law - and the church of England will never be at quiet till some of you are hung by that law, or till such fellows as you are hung. George Whitehead. The court may see the frame of the recorder's spirit toward us, and that he stands not as a person indifferent, but a party against us. You ought not to inveigh against the prisoners, nor threaten us. That belies the indifference of the court; nor should you have determined or resolved beforehand against us, as you have done. Judges ought not to declare their opinions beforehand against the prisoner. Hussey, the chief justice, would not do it to the king, in the case Dr Humphrey Stafford, the arch traitor, but begged of the king, he would not desire him to declare his opinion beforehand, that the prisoner might come judicially before him, and have justice done him. And the king accepted his request in the case ---interrupted. Recorder. What king's reign was that in? George Whitehead. In king Henry the seventh's. Recorder. I perceive you have read, or are read. George Whitehead. Seeing that none or the court have as yet had any hand against us, except the recorder, we may charitably hope that the court will stand indifferent towards us, and let us have a fair hearing be. fore any determination. For as the laws of our nation require a due process and a due course of proceeding, before men be sentenced or condemned; so there ought to be a due hearing, As where a process or proceeding consists of several parts, each port ought to be inquired into, and answered in due order, without confounding one thing with another, or putting that first, which in course is last. Let us have a fair hearing and trial. Let us be tried before we be hanged. Let us not be hanged first, and then tried. "It will be too late to try us after we are hanged. Recorder. You were sent to prison for re- fusing the oath of allegiance. George Whitehead. That is a mistake. We were sent to prison for being at a meeting charged to be against the peace, which is the premises in our mittimus, to which we are here to answer. And therefore that all may know what is laid to our charge, we desire our mittimus may be read, that so if there be any persons who will undertake to prove the matter in charge, let us see them, and have liberty to answer the premises contained in the mittimus. Recorder. I will show you, that when a person is committed to prison, he may have several actions laid upon him, if new charges be brought against him. Prisoner. I grant that; but that is not our case. For we presume the recorder had no new matter brought against us, after he committed us to prison; and therefore could not lay any new charge upon us. Thomas Burr. There could not be any new charge against us, to render us suspicious of being Jesuits or Papists; but instead of that, we have certificates to take off any jealousies of that kind that might be in any concerning us, which are subscribed by credible persons of our neighborhood. George Whitehead. The premises which We are to answer to, is matter of charge contained in the mittimus: let it be read in court we request you. Recorder. It shall not, - I will give account. These persons were taken at an unlawful meeting. There is also a second mittimus, which signifies my requiring them to take the oath of obedience, and their refusal. George Whitehead. The second is a warrant to detain us without bail or mainprize, till sessions: it is not the mittimus, it is of another date. Recorder. It is the mittimus; and you are to answer to it, whether you will take the oath of allegiance to the king. These persons have refused to show their obedience to the king. Thomas Burr. Pray forbear to accuse us. We have showed our obedience by our peaceable conversation. George Whitehead. The second warrant is not the mittimus. The mittimus is that by which we were sent to prison, bearing date the 21st day of March, The second warrant bears date the 23rd day of March. Recorder. The second is the mittimus; you are to answer to it. We will put the oath to you. George Whitehead. The second is not the mittimus; we were not sent to prison by it. We were sent to prison the 21st of March. The second warrant bears date the 23rd of March. We were in prison nearly two days before the date of the last warrant. There needed not be a mittimus to send us to jail, when we were sent by one already so long before. I pray let our mittimus be read in court. Recorder. Put the oath to them, that is in the second mittimus. George Whitehead. I beg of this court, for God's sake, and the king's sake, to be heard fairly, without thus being run upon. For God's sake, because he is a God of justice and truth; and for the king's sake, because the king's will toward us as subjects, is what the law and justice wills. As his will is the will of the law, he wills that none of his subjects should be injured, or unduly prosecuted contrary to law. I appeal to the mayor as chief magistrate of this city, and the rest of the justices here present, whether ye ought not to see us have that right so far done us, as to have our mittimus produced and read in court, that you may understand the cause of our commitment. We were not committed for refusing the oath. We entreat that the court may hear our mittimus, that we may not have any other premises put upon us than what is contained therein. Recorder. It shall not be read; there is no need of that: I am present that committed you— George Whitehead. I appeal to the mayor and the rest of the justices, who are more indifferent towards us, for justice in this case, that we may have our mittimus read, and answer to the premises contained in it, and not thus be run upon, and diverted with that which is none of the premises. Mayor. You have appealed to me. Truly we are tradesmen, and no lawyers. We leave matters of law to the recorder; he knows the law, and we must acquiesce in his judgments. Thomas Burr. You understand that we deserve to have our mittimus read, and heard: and you are the chief magistrate in this court. George Whitehead. You all have a conscience towards God, and an equal and just law in it; and you are under a severe obligation: your oath to see justice and right done us. We appeal to the mayor and justices here for justice, in relation to our mittimus, that it may not be thus evaded. We are at this sessions to answer to the premises or matter of charge therein contained; you are concerned in conscience to do right herein. The honor of this court is also concerned not to see us precipitated, run down upon other premises. The mittimus was given under the hand and seal of your recorder; his reputation and honor are also concerned. Recorder. My honor concerned; where? George Whitehead. Your reputation and honor are concerned, in that you are bound to stand by our mittimus; it is under your hand and seal. Now you go about to evade it, by imposing other premises upon us, or to the same effect. Recorder. They sent their mittimuses to the attorney general, and solicited him for advice, to know whether they were according to law or not, and moved for a Habeas Corpus: but it would not be granted. George Whitehead. We neither sent to the attorney general, nor have we yet moved for a Habeas Corpus. Recorder. The second mittimus or warrant is about their refusing the oath of allegiance; as for the first, I did not make it by book. (This the prisoners did not hear, but others nearer did). George Whitehead. It is not a reasonable thing to bring a prisoner, and not withal to signify the crimes laid against him: it was contrary to the very law of the Romans. Interrupted, (being about to add, as Festal said in the case of Paul. “It seemed to me unreasonable to send a prisoner, and not withal to signify the crimes laid against him;" which always ought to be in warrants of commitment. Recorder. What can you tell you us of the law of the Romans; we have laws of our own to act by; or to that effect. George Whitehead. It is according to the law of reason and nations, that the crimes ad offences should be known, for which prisoners are committed and detained in prison; and why should they suffer? Recorder. The court must tender you the oath. George Whitehead. Why then were committed and detained in prison above these five weeks? If we are offenders, let us know of our offence, for which we were committed.; if not, do not go about to ensnare us; do seek some excuse against us. It is enough to punish us, if found guilty of what is charged against us in our mittimus. We entreat the mayor and court to do us right in this matter, that our mittimus may be read. Mayor, and some others. Well, you shall have it read. George Whitehead. Keeper, where is our mittimus? Produce it, that it may be read, as the mayor and other justices here present have committed. Recorder. Tender them the oath: put the oath to them: if you will take it, that shall serve; if not you incur a premunire. (A hideous noise in the court, among some under clerks and officers, about the oath.) Some under clerks. What do you say? Answer Will you take the oath? Will you kiss the book? Clerk reads. I Thomas Whitehead do truly and sincerely acknowledge, profess, testify and declare in my conscience, etc. An interruption occurred, because of his mistake of Thomas for George. George Whitehead. The oath is none of the premises contained in our mittimus, which we are to answer to at this sessions, and to be tried on. Thomas Burr. Our all is at stake. We see the recorder is determined concerning us. We must have liberty to speak. We are freeborn Englishmen. [He was interrupted]. Recorder. We have power here to tender you the oath, without taking notice of any other cause. George Whitehead. It is preposterous to charge us regarding the oath. In the first place, we were not committed for that, but for other causes. Recorder. You affront the court: is that a fit word to give the court, to charge the court with preposterous proceedings, or to hat effect. George Whitehead. - I do not charge the court; I do distinguish between the recorder in this point, and the court: he seeks to process us on the oath first, which in course is last, according to his own mittimus and warrant ,- and is not that preposterous? Let our mittimus be read, and that will show we were not committed upon the oath. We ought to have due process, or proceeding in due course of law; therefore the court should know how we were first arrested and turned into jail by the sheriff without examination, mittimus, or warrant; and how afterward, we were had out and committed; and what the mittimus is; what are the premises contained in it, that we are to answer to. The law of England is tender of men's liberties, properties, estates and lives, all which are concerned in our imprisonment. Les Angliae, is said to be Lex misericordiae, i.e., the law of England, is a law of mercy; one reason which is, that the innocent may not be worn or wasted through long imprisonment, but be brought forth speedily to trial, according to Magna Charta. Recorder. Look what an argument or consequence you would draw from this, the law of England is a law of mercy; it is Lex misericordiae, therefore thieves or malefactors must not be brought to fitting punishment, or to that effect. George Whitehead. That is none of my consequence ; mine is the same that Judge Coke doth instance, wherein the law of England is Lex misericordiae, in that it is tender of men's liberties, and prescribes a due course of procedure --- (Interrupted) -- as it may be applied to our case. Either we are innocent or guilty; if innocent, we ought to be heard, and not delayed in prison; if guilty, or criminal, we ought to have due and orderly proceeding, according to the law of the land, that our offence may the more plainly appear, that others may take warning thereby, and not incur the like penalty or suffering. However, let us have fair dealing; let us not be unduly run upon, or diverted from our plea, and our mouths stopped, so that the court and people here cannot know for what we suffer. No freeman shall be taken, or imprisoned, or dispossessed of his freehold, or otherwise destroyed, but by due process and order of law. This, Magna Charta enjoins, where in the 29th chapter it is said, No freeman shall be taken or imprisoned, but by the law of the land; that is, by due order law, by due process, according to law. The law of England requires due process, or proceeding, from the very first arrest, taking, and imprisoning, to the very end and execution of the same. Therefore the first arrest, imprisoning and committing us, ought to be known and understood, whether it was in due manner and course of law, yes, or no. Let us have our mittimus read, we expect it; it is granted and promised us by the mayor, and others indifferent. [A little respite, in expectation of the mittimus. But the recorder seemed greatly offended at the prisoners urging this, and at the mayor and justices assenting to it.] George Whitehead. Seeing that the law is tender of Englishmen's liberties, as that no freeman shall be taken or imprisoned, without due proceeding in law, it is but right and reasonable, that the court and people here, should understand what capacity and repute we are under among our neighbors, that is, whether as freemen of England and of any repute among our neighbors, or as bond-slaves, rogues, vagrants, or renegades. Hear what our neighbors say of us; we desire their certificates maybe read. Recorder. - What have we to do with your certificates? Will any swear to them, that they a re true ones? George Whitehead. - They are real certificates; pray let them be read; here they are. Recorder.- We do not know but that you might make them yourselves in prison. George Whitehead. They are not fictions: Pray read them, or let them be read; they are from persons of credit and repute, as common-council-men, deputy constables, churchwardens, and others. Recorder. They shall not be read. George Whitehead. We beg they may be read. Look upon this certificate, here are the persons' own (different) hands to it; it may tend to inform the court, and to remove suspicion and jealousies concerning us. [But this would not be granted the prisoners.] George Whitehead. - Seeing our certificates may not be read, nor allowed to be read, which is a hard position, now let our mittimus be produced [several expecting the keeper had sent for it] pray let us have our mittimus produced and read. Recorder. We do not have it; the jailer has it. George Whitehead. Where is it? Keeper, produce it; you had it. Recorder. (To the prisoner:) No doubt you have a copy. George Whitehead. Yes, we have; may I read it? I crave liberty of the court to read it, that the court may understand what we are committed for, and to answer to that, this court is to take judicial cognizance of: Court. The justices asked the question from one to another, to have it read, generally assenting thereunto, as being of the mind it ought to be read. Justice Briggs. I am of the mind it should be read; what do you say Mr. Bendich? Justice Bendich. Yes, truly I think it should be read. Justice Briggs: Pray speak to Mr. Mayor; which was done. Mayor to the Recorder. Sir, the justices are agreed it should be read. (Recorder turning himself toward them, as one greatly offended, that the mittimus should be read.) George Whitehead. It concerns the court to let us have our mittimus read. I am ready to read the copy, seeing it may not be otherwise produced and read; shall I read? We expect that justice from the court, that it should be read. Recorder. Let them read it then, I am not ashamed of it; then read the other also, for you have them both. Court. You may read it. George Whitehead. Now that we have permission of the court, I hope you will keep to it. Observe it, it is a true copy. The mittimus read, which follows:
To the constables of the Ward or West Wymor, and to either of them; to covey, and to your keeper of the common jail before said, to receive and keep the said George Whitehead and Thomas Burr, according to this warrant. George Whitehead. Does the reorder own this to be a true copy, yes or no? Recorder. I care not whether it be true or false; there is another mittimus against you. George Whitehead. Let this mittimus be considered first: do you own it to be a true copy, or not? We have it attested. Recorder. It may be it is, what then? It may be true for all I know, etc. or to that effect. George Whitehead. Then pray observe this mittimus, the tenor of it, what it contains.
Recorder. Read the other mittimus; you have a copy doubtless. George Whitehead. We have a copy of be second warrant. But this is not to be evaded; this is the mittimus; this contains the cause of our commitment, and the charge that lies against us, which the court is bound only to take recognize; for we are thereby referred to the quarter sessions. Recorder. Read the second warrant, that contains the cause, that is, my tendering you the oath; by taking of it you ought to show your allegiance, or obedience to the king. George Whitehead. Either the mittimus is a legal mittimus, or it is illegal; if legal, then let us answer to the premises. If the oath is insisted upon, to evade the mittimus, that will speak either want of other matter against us, or else that the mittimus or commitment is illegal. Recorder. Read the second warrant, etc. George Whitehead. We have exceptions against the second warrant. If I read that, the exceptions ought also to be read. Shall I read them when I have read the warrant? Court. Well, you may read both. George Whitehead Now the court is engaged and concerned to make good the liberty granted me, to read our exceptions when the warrant is read. The second warrant was read, which follows.
George Whitehead I hope the recorder cannot deny the copy to be true. Recorder. I will vindicate it by law in any court in England, or to that effect. George Whitehead. Hear the exceptions against this second warrant: I will read them deliberately. If the court has anything to object against any particular, that may be read over again after the first reading. Court. Read them. Go on. George Whitehead.
Recorder. If a man owes twenty men money, the first that arrests him lays him into jail, but the other may lay their actions upon him for all that; or if a man robs in several places, and is laid into jail for one robbery, and there comes a hue and cry after him for another, shall he go free of that because he has been already arrested? George Whitehead. That is not our case; there is no parity between them: we were not committed to jail on any such account, as upon any action of debt or robbery. Nor were we chargeable with any new matter or crime when the second warrant was written, more than when our mittimus was written, and we first committed to prison. Pray let me read on; the matter is further cleared.
Recorder. While I have to do here, I will not allow myself to be thus reflected upon. It is a dishonor to the court. Court. How many more do you have to read? George Whitehead. Just a few; I shall quickly be done. You may call for any of them to be read over again when I have done. Court. You may go on. Go on.
Recorder. If I find you under any one of those circumstances or causes, I might require the oath of you.
George Whitehead.
Recorder. Now you have prepared a knife to cut your own throat withal by that exception; [in case of treason, felony, or breach of the peace] your meetings are against the peace, or to that effect.
George Whitehead That our meetings are
against the public peace, remains to be proved upon
the premises of our mittimus –
Recorder. Have you any thing against the oath of allegiance? Or do you except against any thing contained in it.? George Whitehead. We have nothing to except against the declaration of allegiance contained in it, as to the substance thereof: Thomas Burr. We show our allegiance by our conversation, that is, by our living peaceably under the king and government. Recorder. Do you scruple any word or thing contained in the oath? If you do, tell us what it is. George Whitehead.We both own and can sign the declaration of allegiance, in opposition to the pope and popery: and to those seditious or treasonable practices and positions abjured and renounced by that oath. Recorder. Do you hold it unlawful to take an oath in any case? George Whitehead. We are not committed to prison to answer questions at sessions; but to answer to the premises contained in our mittimus. Recorder. Do you not hold it lawful to tell a Lie? i.e., an officious lie, to prevent an imminent danger, or to that effect. George Whitehead. No, by no means; that is not a true Protestant principle, to tell or maintain an officious lie, so called. Recorder. Will you take the oath? If you will, hold up your hand as a testimony that you do take the oath, or swear, that shall serve. George Whitehead. We have a protestation or declaration against the pope and popery, which was delivered to the committee or Parliament, and thereby judged sufficient to distinguish us from popish recusants. We crave permission of the court to read it. Recorder. What difference is there between protestation and an oath? George Whitehead. It may be a protestation or testimony against popery, yet not an oath. Pray you, let us read our protestation, that we may not lie under suspicion without cause. Court. You may. -- Read it. The protestation read in court, which follows:
George Whitehead. This was accepted by great committee, and entered in the journal of Parliament, in order to distinguish us from popish recusants, etc. Recorder. We have not a law to accept it. It is not enacted or made a law. We must proceed according to law. You seem to declare for the true Protestant religion, when you dissent from the church of England.(He implies that dissenters cannot be protestants). I am not in that point satisfied with your declaration, or to that effect. George Whitehead. We have no mental reservation in the case: we are willing and ready to sign this declaration -- [Interrupted when about adding these words, that is:] The true Protestant religion is wholly opposite to popery; it stands in protestation or testimony against popery; it is a negative testimony thereof: So far as any Protestants in the church of England, or elsewhere, do really protest against, and sincerely disown popery, so for are we of the same judgment with them. But there are Protestants of several degrees; some are more refined, and more clear of popery than others. Is there any evidence against us to prove the premises contained in our mittimus? Where are our accusers? Recorder. The premises; what are they? George Whitehead. The being at an unlawful assembly, in disturbance of the public peace, as is pretended against us; let us be tried, and either condemned or acquitted here. Recorder-. I was more favorable to you than you deserved; for I could have drawn an indictment against you at common law, and brought you to a trial upon it: which being found against you, I must have fined you. We who are in commission for the peace, are lex loquens, and to give the true meaning of the law. We are not to make laws, but to interpret the law. We are to punish or amerce offenders, secundum qualitatem et secundum auantitatem deliciti, &c. George Whitehead. We are not at present about to justify ourselves, as to matter of fact. We are willing to hear evidence of what any can prove against us, in relation to our assemblies. Let us have due process. Recorder. If the court will agree to it, we will adjourn: and I will provide an indictment, and give order that the witnesses shall be here, and will give it to the grand inquest; and if they find it against you, you shall be fined forty pounds, and imprisonment till paid. Prisoner. It seems the witnesses are yet to procure. Is there any here that can give evidence against our meeting, of the breach of the peace, &c. Recorder. That is a lie. I did not say I would procure witnesses: that is scandalous. Thomas Burr. We desire that no advantage may be taken against us for a word. You ought Dot to take advantage. George Whitehead. I intended no offence in the word procure; I intended it not in the worst sense, i.e., as by way of subornation ; for I intended no other than according to the recorder's own words, that witnesses should be here, or the like, which doubtless many present heard. Prisoner. Well, we did not refuse to be tried upon the charge in our mittimus, touching our meeting, &c. Recorder. You shall have the oath put to you. And I will tell you what danger you incur: if you refuse to take it you are to be put out of the king's protection, your lands and estates forfeit to the king, and your bodies imprisoned during the king's pleasure. George Whitehead. We understand what premunire means, according to the statute of premunire, made in the sixteenth year of king Richard the second; though there is no equity that should be brought upon us while we practice our allegiance. Suppose we can not for conscience sake swear. It is a hard measure to bring us under the penalty of premunire for that cause only. What equity can there be in it? Seeing we utterly deny the pope and popery; to which we may justly add, and abhor those treasonable practices and positions which are abjured by that oath. Suppose we have such a scruple of conscience, as that we cannot swear allegiance, while we both practice it, and are willing to declare it; and to sign the declaration or substance of our allegiance. Can it be equal or just to run us to a premunire, to forfeit our estates, liberties, &c., only for want of swearing? How can that be either . secundum qualitatem or secundum auantitatem deliciti, as it supposed? Recorder. You talk of conscience. Friend, friend, let me ask you one question: pray what is conscience? {note the sarcasm} George Whitehead. It is that knowledge that God hath placed in man; it is a knowing together between God and our own souls, by virtue of the law of God in man, by which he knows what is good, and what is evil; and by which he is taught to embrace the good and shun the evil. It is called the law of truth, the law of equity, the law of reason, etc. Against which law, says the law book, Doctor and Student, no law or custom ought to be brought, but it is void. Recorder. Although I asked you a question, I did not ask you preach upon it. But conscience may be seared; as when men will not be reclaimed, but have their own wills, be they never so contrary. George Whitehead. It is true; some men become hardened and seared through sinning, and for want of being exercised by that law of God in them: yet there is an universal law of truth in mankind, whereby even the wicked, and those of seared and hardened consciences, shall finally be convicted and awakened in torment. Recorder. You must have the oath put to you: the court must tender you the oath of allegiance; will you take it? George Whitehead. We lie under a charge in our mittimus; let us be discharged of that first. That contains the premises which we are to answer to. Let us not be hoodwinked. Are we discharged of the two warrants that are against us, yes or no? The rest of the court ought to know, that one thing may not confound another. Recorder. You talk law as you talk gospel; here you talk a little, and there you talk a little: it is pity you have the benefit of the law: you put yourselves from the protection of the law. George Whitehead. The recorder is a party against us: he is our accuser, prosecutor and judge. He inveighs against us. He is determined against us: he has told his resolution beforehand. One Justice. You offer contempt against the king, in what you say against his minister: the recorder is his minister, or to the same effect. George Whitehead. No such matter. I only oppose an undue and irregular procedure - which is not the king's will. Recorder. Your words tend to stir up the people here to sedition. George Whitehead. We have no such design: we only plead our own rights as Englishmen. The losers must have leave to speak. Our liberties and estates, and families are concerned. Our wives and families suffer by our restraint. Recorder. Clerk, tender him the oath. Offer him the book. Clerk reads. I George Whitehead, do truly and sincerely acknowledge, profess, testify, and declare in my conscience, &c. George Whitehead. Forbear. We have matter of plea which ought to be heard first. Here a great noise was made by some present. Crier. O yes; silence in the court. George Whitehead. We beg of the court that we may not be thus run upon, but duly heard upon the process we suffer under. Recorder. Will you take the oath? Answer, and then you shall know the pleasure of the court. George Whitehead. We ought to be at some certainty whether we are discharged of the premises laid against us in the two warrants. The recorder was even now for indicting us at common law. Now he is all in haste to put the oath upon us. Thus he appears inconsistent with himself: he is not now lex loquens to be sure; for the law speaking, doth not contradict itself. He is not the mouth of the law, in running thus unduly and abruptly upon us with the oath, to evade the premises which we were to answer. Are we discharged of the two warrants, yes or no? Let us have the plain advice or sense of the court. Recorder. It may be you may suppose you be discharged: what is the consequence you will infer there? George Whitehead. We desire a plain answer: we are not to be answered by supposition, nor thence to draw consequences now. We are not called here to dispute upon an hypothetical argument. We expect a positive, plain answer, and the sense of the court concerning our mittimus and warrant. Are we discharged of them, or not? Some of the court to the recorder. Let them be discharged of them. Some of the court. You are discharged of them. George Whitehead. Does the recorder say So? Does he assent to it? Let proclamation be made of it then, that we may be set at liberty, in the same capacity we were in before we were first arrested. Recorder. No, no; seeing you win take your way, I will take my way: you shall have the oath first, and then your discharge. Will you take the oath, and then you shall be discharged. What say you to it? Read the oath. Thomas Burr. It is a force put upon us; it is very hard dealing we may not be duly heard. George Whitehead. Are the rest or the justices of the same mind, that we should be thus run upon? We hope you are not all or the same mind with the recorder in this proceeding. He is engaged against us: he is resolved to make something of it, and to make us exemplary in suffering. Recorder. Stop his mouth; take him away. They had not only need to have their hats pulled off, but their mouths stopped also. George Whitehead. Pray hear us; we have more to offer, as about this tender of the oath, to show how undue it is, if you will but allow the law to be read, which we desire. [But we ought first to have had proclamation made for our discharge from the two warrants.] Recorder. If we should make proclamation, and let you go, we should be laughed at. No, no: I see you lay upon the catch; we will not discharge you. Now we have you here, we shall not let you go, to send a warrant after you, to fetch you again. Will you take the oath or not? George Whitehead. Is this intended for a first tender, or a second? We desire an answer. Recorder. We will tender it you de novo: shall be for a first tender; and if you will not take it, you shall be committed until next sessions, &c. Clerk reads the oath. Clerk. I Thomas Burr. do truly and sincerely acknowledge, profess, testify, and declare in my conscience, &c. George Whitehead. We appeal to the mayor, and the rest of the justices. The recorder is a party against us; he has determined against us beforehand: I will prove that he is no competent judge in our case, if may be heard. Interruption -- Are we discharged of the two warrants? Pray let us have fair and plain dealing. Do not thus force upon us; it is unfair and undue proceeding, Let us be discharged of the two warrants first, before we be put upon an answer. We ought not to be put to our answer, but upon due process. Some of the court. You are discharged from those two mittimuses. Clerk, read their discharge. [The clerk reads what the recorder had caused him to enter into the book, to this purpose.] Clerk. George Whitehead and Thomas Burr are discharged of the matter contained their two mittimuses. And the oath of allegiance, and the testament, to swear in open court, at this present sessions was severally tendered to them; and the said George Whitehead and Thomas Burr, having severally refused to take the said oath of allegiance, it is therefore ordered, that George Whitehead and Thomas Burr, be committed to the common jail of the said city, there to remain without bail or mainprize, until the Dell quarter sessions.. George Whitehead The latter part is not true; we have not yet refused the oath; we were not duly or regularly brought upon that point, so as to give a positive answer, because of the other precedent charges, which we were to answer to. We have yet matter of plea about the tender of the oath, de novo, in court. We request further time to be heard upon an adjournment before we give our positive answer. We desire to know upon what law or statute it is tendered. [No answer was given to this question.] . Recorder. You have stronger lungs than I. I understand you had a feast last night. Adjourn the court; take them away jailer. George Whitehead, prisoner. Pray let us have more time to consider and speak to this point. I entreat that I may have leave to read the clause in the statute, that concerns the tender of the oath. [These endeavors of the prisoners to be heard, after the pretended order was entered, were because the prisoners did not believe that the justices, or greater number of them, did concur with the recorder's proceeding against them; but that they had more, both of moderation and justice in them; and that he carried things on too much over their heads, and all to run down and ensnare the prisoners, oppress them, and continue them under suffering. Officers. The court is adjourned. [Prisoner, George Whitehead held by the bar, pressing to be further heard, after the adjournment, when the court met again, and for the statute to be read about the oath; neither whereof would be granted the prisoners, but two of the keepers pulled the prisoner away.] Prisoner. Take notice, that we have not yet refused the oath, being not duly nor regularly brought upon that point; but we have owned the declaration of allegiance, contained it; and do still freely assent to it, in opposition to, and abhorrence of all those treasonable practices, positions and principles, abjured and renounced by that oath; though we are conscientiously afraid to swear it, only with respect to Christ's prohibition, in the case of swearing. On the 3rd day of the month called May, 1680, being about five days after the prisoners were thus proceeded against in court, the recorder, Francis Bacon, was voted out of place by the common council. Several of the recorder's reflections and hard speeches against the prisoners, are purposely omitted in the foregoing account for brevity sake and with respect to the moderate reader, whom we do not wish to burden with details. Therefore we have in some particulars we been more sparing than normal. A copy of the prisoner’s certificates, which the recorder, Francis Bacon, would not permit to be read in court.
A copy of the next letter, after the foregoing proceedings in court, delivered to the mayor, et. al.
The substance of a further application made the prisoners to the mayor, recorder, justices, and aldermen of the city of Norwich, delivered to them the 17th day of the third month, 1680, being the last day of the quarter sessions. The first part relates to the mediation of certain persons of note and eminency, on the prisoners' behalf, and particularly by a letter from London, from a person of quality, on application made by some of their friends there, unto which the prisoners referred the magistrates in these words as follows.
Our friends Mary Duncon and Mary de France of Norwich, attended the court of mayor and justices in their council chamber, and delivered the above application and certificates to them, where they were read, as the prisoners were informed. After the mayor and justices came down into the hall, our friends said, attended the court of sessions, and moved for the liberty of the prisoners, as some of the justices had before directed, to which others of them said, that could not be, for they were committed by order of sessions; which the steward, being then judge of the court in the recorder's absence, caused to be read. Mary Duncon then requested the prisoners might be called into court and heard; the new recorder having promised her, as she affirmed , immediately after she come from him, that they should be called into court; and that if it appeared they were committed contrary to law, they should be discharged. But he being then absent that day, they were not called into court. Samuel Bolton of London, being present, got permission of the court, upon his request, to tell them, that he did suppose it was contrary to law, to make the first tender of the oath in court; and that was it done on purpose to ensnare the prisoners. Whereupon the steward called to bring the statute book, to see whether it was so or not; but in the interim, after a little consultation, the court was suddenly dismissed, before the book came: so the prisoners were detained until the next quarter sessions. An account is given, as to their discharge. After two letters had been sent to the recorder, upon the prisoners' request for a little discussion with him and the steward about their case, they were called into the council chamber, and the keeper with them, before him and the steward, and Thomas Corys, &c., and there agreed to open their case, and to after into some discourse about the proceedings against them. They did not seem to vindicate the other recorder's proceedings, only some little controversy was about the late tender of the oath, de novo, in court, However, the prisoners kindly acknowledged their civility in giving them that opportunity or discourse.
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