New England's spirit of persecution transmitted to Pennsilvania, and the pretended Quaker found persecuting the true Christian-Quaker in the tryal of Peter Boss, George Keith, Thomas Budd, and William Bradford, at the sessions held at Philadelphia the nineth, tenth and twelfth days of December, 1692 : giving an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716. 1693 Approx. 108 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A47161 Wing K186 ESTC W13889 12305321 ocm 12305321 59229 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47161) Transcribed from: (Early English Books Online ; image set 59229) Images scanned from microfilm: (Early English books, 1641-1700 ; 637:17) New England's spirit of persecution transmitted to Pennsilvania, and the pretended Quaker found persecuting the true Christian-Quaker in the tryal of Peter Boss, George Keith, Thomas Budd, and William Bradford, at the sessions held at Philadelphia the nineth, tenth and twelfth days of December, 1692 : giving an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716. Boss, Peter, defendant. Budd, Thomas, 1648-1699, defendant. Bradford, William, 1663-1752, defendant. [2], 38 p. W. Bradford], [New York : 1693. Imprint from NUC pre-1956. "This seems to be the joint production of George Keith and Thomas Budd, including Bradford's own account of the trial." Cf. Eames, W. The first year of printing in New York. New York, 1928, no. 1. Includes "At a Court of Quarter-Sessions held ... at Philadelphia the 6, 7, 8, 9, 10 & 12 dayes of the 10th Moneth, 1692," p. 13-36. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Society of Friends -- Pennsylvania. 2005-04 TCP Assigned for keying and markup 2005-05 Aptara Keyed and coded from ProQuest page images 2005-07 Simon Charles Sampled and proofread 2005-07 Simon Charles Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion New-England's Spirit of Persecution Transmitted To PENNSILVANIA , And the Pretended Quaker found Persecuting the True Christian-Quaker , IN THE TRYAL OF Peter Boss , George Keith , Thomas Budd , and William Bradford , At the Sessions held at Philadelphia the Nineth , Tenth and Twelfth Days of December , 1692. Giving an Account of the most Arbitrary Procedure of that Court. Printed in the Year 1693. The Introduction . TO the end that all Impartial People may have a right understanding in the present Prosecution , I intend to give a short Relation of the first rise and cause and ground of this present Difference , and Persecution . In the Year 1689. by the good Providence of God George Keith was earnestly invited to remove from his Plantation in East-Jarsey , 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 love was but short liv'd ; and as in other Cases one Extream begets the contrary , so in this ; for their love and respects to him were never so great , but now the Envy 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 Christ , both without and within , but some began to be dissatisfied , and whispered it about in private , which , when he came to understand , he laboured in much love and tenderness to undeceive and satisfie those that he came to know were dissatisfied ; and some did receive good Satisfaction ; but others cast his Labours of Love behind their backs ; and much whispering and back-biting there were in private against the ●octrine 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 ●wo Christs , because he held forth ( as necessary to our Salvation ) The Faith of Christ as he dyed for our Sins , rose again for our Justification , and ascended into Heaven and is in Heaven in the true and intire glorified Nature of Man , our Mediator with the Father ; and also , That Christ was spiritually present by his Light & Life , in all his Children . Whereupon he dealt with him , and endeavoured much to convince him , but not prevailing , G. K. laid it before a Meeting of them of the Ministry , but they did nothing in the matter , but chiefly blame 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 Philadelphia the 7th Month , 1691. desiring to know their sence and judgment , viz. Whether to preach Faith in Christ within us , and Faith in Christ without us , was to preach Two Christs , or One ? and six Meetings were held in debate about this matter , and yet nothing done in it : So this past on , and some Months after Tho Fitzwater openly in a Monthly Meeting accused G. Keith , That he denyed the sufficiency of the Light ; which G. K. denyed , but T. F. said , he would prove it at the next Monthly Meeting ; which being come , G. K. called on T. Fitzwater to prove his Charge , which he endeavoured to do , and brought W. Stockdale for his Evidence , 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 , John Jennet , ( a great stickler against G K. ) desired that the Meeting might be adjourned till 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. affirming and arguing for the Necessity of the Faith of Christ crucified , &c. the others denying , and arguing , That the Light wit●in was su●●cient without the Man Christ Jesus , &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 proceeded & 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 thought relisht too much of Popery ; yet notwithstanding many showed their dislike thereto , Tho. Lloyd , Arthur Cook , Sam. Jenings , &c. denyed ●he ●●●d Meeting and Judgment ; & then it was that T. Lloyd's Party changed their time and place of meeting against and contrary to the 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 ●●ual 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 of People , and great flocking to Meetings there was , 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●ient they could devise , 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 Jenings , Arthur Cook , John Delavall , and others made it their business to follow G. K. from Meeting to Meeting , violently opposing his Testimony , and sometimes making use of their Magistratical Power to effect their designs , which caused great Contests 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 Judgment , 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 twelve particular Heads to be considered , discoursed of and resolved by the People called 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 Issued forth a Warrant , and apprehended William Bradford the Printer , and John M “ Comb , who ( as they were informed ) had disposed of two of the said Papers , and committed the said W. B. and J. 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 , signed by Samuell Jenings & Robert Ewer Justices , John White , the Sheriff , took Goods out of the Shop of Will. Bradford half 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 . Here follows a Copy of the Mittimus . WHereas William Bradford Printer , and John M “ Comb Taylor , being brought before us , upon an Information of Publishing , Vttering & Spreading a Malitious and Seditious Paper , entituled , An Appeal from the twenty eight Judges to the Spirit of Truth , &c. Tending to the Disturbance of the Peace and Subversion of the present Government ; and the said Persons being required to give Security to answer it at the next Court , but they refusing so to do , These are therefore by the King and Queens Authority , and in 〈◊〉 Proprietary's Name , to require You to take into Your Custody the Bodyes of William Bradford and John M “ Comb , and them safely keep till they shall be discharged by due Course of Law. Whereof fail not at your Peril ; and for your so doing , this shall be your sufficient Warrant . Given under our Hands and Seals this 24th of August , 1692. These to John White Sherriff of Philadelphia , or his Deputy . Arthur Cook , Samuell Jenings , Samuell Richardson , Humphery Murrey , Robert Ewer . Now tho' they had got these two poor men into Goal , and though all sober People did resent their Proceedings very ill , and as proceedding from a cruel Spirit of Persecution ; yet the next day they met again , in order to proceed against G. K. and several other Persons in the like manner , and sent for two other Justices that were not called Quakers , to assist them in this work of Prosecuting several seditious and dangerous Persons , that were like to subvert the Government ! as they pretended ; but contrary to their expectation , the said two Justices that were not called Quakers , viz. Lacy Cock a Lutherain , and John Holme a Baptist , declared their dissent from them in these Proceedings , signifying , That the matter was a Religious Difference among themselves , ( viz. the Quakers ) and did not relate to the Government ; John Holme particularly advising them To send for Geo. Keith , and let him interpret his own words , and upon a hearing of him , if it any way appears that he strickes at the Government , I will ( said Justice Holme ▪ joyn with you against him with Heart and Hand ; but this Advice had no weight with them ; whereupon the said two Justices left them , and our New modelled Persecuting Quakers being warmly bent to root out Sedition forsooth ! proceeded in their Work , and as they had judged G. K. in their Spiritual Court without all Hearing or Tryal , so in like manner they prosecuted him in their Temporal Court without all Hearing : Why ! to have done otherwise would have given the Lye and Contradiction to their Spirit of Discerning , which justice Cook declared to be such , That they could judge of matter of 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 , Whether it was against the Government that he intended by such and such words therein ? No , for their Spirit of Discerning told them all that , and therefore without more to do , proclaimed 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 anon , 1 st . in the Case of George Keith & Tho. Budd , 2 ly , in the Case of William Bradford , and 3 dly . in the Case of John M “ Comb. 1 st . Here follows a Copy of the Publick-Writing that was proclaimed by the common Cryer in the Market place against G. K. At a Private Sessions held for the County of Philadelphia the 25th of the 6th Month , 1692. before Arthur Cook , Samuell Jenings , Samuell Richardson , Humphry Murrey , Anthony Morris , Robert Ewer , Justices of the County . WHereas the Government of this Province , being by the late King of England ▪ s peculiar Favour vested , and sithence continued in Governour Penn , who thought fit to make his and our worthy Friend Thomas Lloyd his Deputy Governour , by and under whom the Magistrates do act in this Government . And whereas it hath been proved before us , that George Keith being a Resident here , did , contrary to his Duty publickly revile the said Deputy Governour , calling him an Impudent man , telling him he was not fit to be Governour , and that his Name would stink , with many other slighting and abusive Expressions , both to him and the Magistrates ; and he that useth such Exorbitancy of Speech towards the said Governour , may be supposed will easily dare to call the Members of Council and Magistrates Impudent Rascals , as he hath lately called one in an open Assembly , that was constituted by the Proprietary to be a Magistrate And he also charges the Magistrates who are Ministers here , with engrossing the Magistratical Power into their hands , that they might usurp Authority over him , saying also , he hoped in God he should shortly set their Power taken from them ; which he acted in a most undecent manner . And further , the said G. K. with several of his Adherents , having some few dayes since , with an unusual Insolency , by a printed Sheet , called , An Appeal , &c. Traduced , and vilely mis-represented the Industry , Care , Readiness and Vigilency of some Magistrates , and others here , in their late Proceedings against some Privateers , viz. Babit and his Grew , in order to bring them to Condign Punishment , whereby to discourage such Attempts for the future ; and hath thereby also defamed and arreigned the Determinations of Provincial Judicatory against Murtherers ; and not only so , but by a wrong Insinuation have laboured to possess the Readers of their Pamphlet , That it is inconsistent , for those who are Ministers of the Gospel to act as Magistrates . — Now forasmuch as we , as well as others , have born , and still do patiently endure the said George Keith and his Adherents many Personal Reflections against us , and their gross Revilings of our Religious Society , yet we cannot without the Violation of our Trust to the King and Governour , as also to the Inhabitants of this Government , pass by or connive at such part of the said Pamphlet and Speeches , that have a tendency to Sedition and Disturbance of the Peace , a also to the Subversion of the present Government , or to the aspersi●● 〈◊〉 Magistracy thereof . Therefore for the undeceiving of all People we have thought fit by this Publick-Writing , not only to signifie that our Proceedure against the Persons now in the Sheriffs Custody , as well as what we intend against others concerned , in its proper place , respects only that part of the said printed Sheet , which appears to have the tendency aforesaid , and not any part relating to Differences in Religion . But also , these are to Caution such who are well affected to the Security , Pence and Legal Administration of Justice in this place , that they give no countenance to any Revilers and Contemners of Authority , Magistrates or Magistracy ; as also , to warn all other persons , that they forbear the future publishing and spreading of the said Pamphlet , as they will answer the contrary at their peril . Given under our Hands and County-Seal , the Day , Year and Place aforesaid . Arthur Cook , Samuell Jenings , Samuell Richardson , Humphery Murrey , Robert Ewer . Anthony Morris . Note , There being an Answer to this Proclamation published in print by G. K. and T. B. I shall only in this place make these following Observations . First , They say , At a private Sessions , &c. and then relate a Preamble of the Government being vested in W. Penn , who had made T. Lloyd ●is Deputy , &c. Did they think to tell us News in this , or did they think we had forgot Thomas 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 ) went about , — Begging the People to remember the Poor Gentleman ! which many did to their Cost ; so that one would think tha● passage might have been spared : Oh , but 't is 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 fit to be Governour , thy Name will stink : Certainly their drift 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 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 , Thou Impudent man , I do not deny it now , but own it as much as ever . But by all the diligent enquiry that I have made , I cannot find that G. K. said , he was not fit to be Governour , but if he had so said , I query , Whether it was such an intollerable Expression ? 1 st . Because it s 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 Jesus Christ to be the Son of God the Saviour of the World , &c. But , 2 dly , The Lloyd it s well known , has often denyed 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 28 unjust Judges , for giving of false Judgment against him , and that without all hearing or Tryal . And as touching the Person whom 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 M●gistrate within that Town bounds , which was altogether unknown to G. K. and therefore Paul's excuse , Acts 234. 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 Gouldenan'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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Na●al , 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 Jer. 29. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They commit Villiany ; and as Gouldman 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. That 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. being about to refute 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 ! Doth 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 saith 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 Judicatory , &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●● 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 Care and Vigilency of these Magistrates here at Philadelphia , 〈◊〉 Quakers , is worthy of Commendation , as they intimate , for saving 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 , it any occasion should offer ? but how steadfast this doth manifest them to be to the Quakers Principle of Refusing in all eases 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 seem● the most strange to several observing Persons in this place , is , that several called Quakers in Maryland , Barbadoes , and other places , that pretend its a matter of Conscience to them not to bear 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.l writ a Letter to Simuell Jenings , being then in Church Fellowship with him● showing his dislike thereof ; and relling S. J. of some of the Seandals he lay under , for this they issued forth a W●rrant 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 & John M “ Comb 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 J●stice 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 our 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 before the Court. J. M “ Comb , You may cause our Hats to be taken off , if you please . W. Bradford , We are hear only to desire that which is the Right of every free born English Subject , which is speedy Justice , and its strange that that should be accounted Impudence , and we Impudent Fellows therefore , when we have spoke nothing but words of Truth and Soberness in requesting that which is our Right , and which we want , it being greatly to our prejudice to be detained Prisoners . J. Cook , ( speaking to W Bradford ) said . If thou had been in England thou would have had t●y back sl●sht before now . W. B. I do not know wherein I have broke any Law , so as to incur any such Punishment . Justice Jenings , 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 he prints , or his Pres●is forfeited . W. B. I know there was such a Law , and I know when it expired . J. Cook. But it is revived 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 , which thou hast not done . But waving from that , the Prisoners still prest for a Tryal . To which Justice Cook said , A Tryal you shall have , and that to your Cost too , it may be . And justice Jenings 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 , John White , Sheriff , pleaded vehemently against the Prisoners , greatly aggravating their ( pretended ) Crimes ; and when complained of , that the Sheriff , ( through whose hands goes all Fines 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 Iujustice ; 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 John M “ 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 ; ( ●ho ' to give every one their due , 〈◊〉 the Goaler was so kind as to let him go home an hour or two sometimes in 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 inconsiderable Price for a Licence ] yet they now proceeded to suppress his keeping of an Ordinary , though he had fullfilled , and in no respect transgressed the Conditions of his Lisence , as will appear by a Copy of the said Lisence , which here follows verbatim , viz. By the Lieutenant Governour . Philadelphia Ss. JOhn M “ Comb requesting Lisence from me to keep an Ordinary in Philadelphia , and he being recommended to me as a fit and qualified Person for such an Imploy ; I do hereby admit & Liscence the said John M “ Comb to keep an Ordinary , or a House of Publick Entertainment in the House he now lives in , he taking care , according to Law , to keep good Orders and sufficient Conveniencies for Man and Horse . This Lisence to continue for a Twelve Month ensuing the date hereof . Given at Philadelphia the Tenth day of the 4th Month , 1692. Thomas Lloyd Now let us hear what great and heinous Crimes are alledged for the suppressing John M “ 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 . At a Court held at Philadelphia the 4th of October , 1692. THe Court taking notice of John M “ Comb's Contemptuous Behaviour , as also his spreading a Seditious Paper in his House , to the Disturbance of the Peace , do therefore suppress his Lisence , and do Command him not to presume to keep an Ordinary after the Tenth Day of the next Moneth , being November , on pain of incurring the Penalty of the Forfeiture of Five Pound for keeping an Ordinary without a Lisence : And that notice be given him of this Order . A true Copy by John White , Deputy Clark. Note , That the Contemptuous Be●aviour they mention , was his and W. B's requesting of the Court to come to a Tryal , as before is 〈◊〉 ; and the Seditious Paper they mention , was the printed Appeal , which he having bought two of them , & some Persons happening to see them , got them from him again , because 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 satisfied not these cruel men , for they make that a main matter whereby to suppress his Lisence [ No less than Two Panishments for one Offence ] and yet though they were so zealously warm to prosecute and punish these Offenders , and which ( they said ) they could 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 spreading 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-Sessions 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 Jenings , Quaker . Arthur Cook , Quaker . Samuell Richardson , Quaker . Robert Ewer , Quaker . Henry Waady , Quaker . Griffith Owen , Quaker . John Holmes , Robert Turner , 10th and 12th dayes . Lacy Cock , and Anthony Morris on the 12. day . The Names of the Persons , that presented Peter Boss , George Keith , Thomas Budd , William Bradford , &c. † Alexander Beardsly , † William Carter , † John Jennit , Will. Oxly , Emanuel Dauson , William Allaway , Lewis Thomas , Reece Peters , John Comes , Christopher Pennock , Mouns Jones , Thomas Griffith , † William Harwood , William Hearn , Will , Finley , Will. Lawrance . Observ . That most , if not all of these m●n are known to be highly prejudiced against G. K. ● . B. and those that joyn 〈…〉 of their zealous Testimony to Christ without , as well as 〈…〉 And John White , Sheriff , is known to be greatly 〈◊〉 against them , who pa●kt this jury on purpose to present & 〈◊〉 G. K. and 〈…〉 as was in some degree well observed by Justice Holme , when 〈…〉 brought in new Presentments against G. K. in matters concerning their Religious Differences , for which he was sharply reproved and ●enaced on the Bench by Samuell Jenings and Arthur Cook , the last saying , They were the Fathers of 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 Jury ? & so went on highly resenting those few words justice Holme had spoke ; Arthur Cook 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 that did not please him ) you are a Company of Infamous Men : and for which he was presented by the next Grand Jury , 〈…〉 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 5th of the 8th Month , 1692. We of the Grand Jury for the Body of this County , do present Peter Boss , for that he hath accused Samuell Jenings , being a * Magisterial Officer , with being an unjust Judge , and of his being Drun●k , and of laying a Wager with John ●ocum , and for many other soandalous , 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 . Clark. Peter Boss , What sayst thou , art thou guilty or not guilty ? Peter Boss , Not guilty in manner and form as there presented . Clark , By whom wilt thou be tryed ? Peter Boss . By God and the Country . Clark , Call over the Jury . Humphery Waterman , Joseph Kirle , † Thomas Wharton , Tho. Marle , Richard Sutton , Samuell Hoult , † James Fox , Abraham Hardiman , Nicholas Rideout , Thomas Morris , Richard Walter , † John Whitpane . Clark. Dost thou object any thing against any of these Persons ? Prisoner . 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 . But they would not allow of his Exception . Whereupon the Jury were attented . The form of the Attestation , as follows , viz. In the Presence of Almighty God and this Co●rt , you shall promise , well and truly to ●ry & true D●liverance make betwixt the Honourable William Penn , Proprietary and Governour of this Province , and the Prisoner at the Bar , according to Evidence . After which , David Lloyd first , and John White next pleaded very hard against him , that that Letter did defame Sam. Jenings as a Magistrate , confirming it , as they pretended , by reading some Passages out of some 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. Jenings , was not against him as he was a Magistrate , nor could it be reckoned a Defamation , because 't was 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 Cafe out of Shepherds 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 him as a Magistrate , for take away Samuell Jenings , and where will the Magistrate be ? And Sam. Jenings said , Take away Sam. Jenings the Magistrate , and where will Sam. Jenings the Quaker be ? Note , By this it se●meth to S. Jenings that it is as inherent in him to be a Magistrate as to be a Quaker , and therefore when his Magistracy ceaseth , his Quakerism ( according to him ) must cease , and like Hypocrates Twins live and dye together ; but yet he may remain to be Sam. Jenings , when he is neither Magistrate nor Quaker . And when his Attornys were a●out further to open the matter , how 〈…〉 to him only as a Church Member , and offered to produce some Pre●●dents in the case , Arthur Cook , interrupted , saying , They would not have matters of Religion discoursed there , saying , W●at must Religion be made a cover to revile and defame men , 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 , John White saying , G. K. was not 〈◊〉 in Curia ; but through much and long Importunity , he was permitted , who then told them , That 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. Jenings , give us hard words , calling us Ranters , Apostates , Lyars , Wicked and Vngodly men , &c. ye will not say ye give us these Names as Magistrates ; and then if ye can speak to us , not as ye are Magistrates , we may also speak to you not as ye are Magistrates . Thomas Harris his Attorny , and G. Keith his Friend , prefered to speak further to several things that had been alledged by D. Lloyd and J. 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. Jenings 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 Confusion , Deceit and Hypocrisie of these men ! ] G. Keith pleaded further , though with much difficulty , That Peter-Boss being a Member of the Quakers Church , they ought not to go to Law with him until they had proceeded orderly with him in the 〈◊〉 mens Meetings , and given him Gospel Order ; for the things of difference betwixt him and Sam. Jenings relate wholly to Church Discipline , and belong to a spiritual Court , and not to this . Da. Lloyd , This is a spiritual Court ; for in England they can try Atheism in this Court. G. K. But Peter Boss is not accused of Atheism ; and if a man profe●● one Almighty God , this ●ourt hath nothing to do with him for his Opinions or Perswasions in Religious matters . Then D. Lloyd read a passage out of a Law Book , That certain words spoke against a Bishop or Minister , were act ●nable , tho' 〈◊〉 actionable which spoke against a private person ; when ( 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 take the said Person . viz. Ralp● VVard , out of the Court. But for the further satisfaction of the Jury , and all others present , that he did not defame Sam. Jening● as a Magistrate , Peter Boss greatly pressed to have his said Letter read , which after some time was done , th● with great Impatience . The which Letter here follows , viz. THe Paper lately publisht at Philadelphia by 28. against G. K. and those joyned with him , &c. has and is like to occasion much Trouble & Difference among us , not only because of the false Things compact in 〈◊〉 , as 〈◊〉 well known to many VVitnesses , and now to impose it on all the Meetings , 〈◊〉 plain down right Popery , and gives just occasion to all , not only to judge 〈◊〉 as ●t is for the abuse , but also inspect further into things , and them these ministring Imposers upon other mens Consciences , like unto the Roman Clergy . And to show how ill the People do resent these things , one who was not a Quaker , so soon as the Paper was made publick , sayes , What D — lish work is here like to be ! a Pack of Fools have sent their Bud out : what a piece of work you 'l see in a short time , and how they 'l expose themselves , & force others to send it home in Print , sayes he , with wo●●e words of some , unfit to mention here , &c. By exposing this your Edict , you have made all people your Judges , into whose hands it shall come ( 〈…〉 themselves ) for your Vnrighteous Judgment , and drawing in those 〈…〉 that have subscribed to they know not what , 〈◊〉 were not present 〈…〉 the Meetings , so consequently did not hear the words charged on G. K. to be 〈◊〉 by him , &c. but have taken all ●pon Trust , and signed as a man that 〈◊〉 be a false VVitness to a Bill or Bond for Money , where none is due . ' 〈◊〉 , that some will see their over-●aste , and repent it , as well as others 〈…〉 : How can you expect 〈◊〉 Act o● yo●rs will be acconnted Righteous Judgment , to condemn a man for Words , and cover one anothers Deeds , as well as 〈◊〉 word● in and among your selves . Has J. S. ever been dealt 〈◊〉 or his many Enormo●s palpable gross Miscarriages chargeable upon him , his Greatness and Pride so Insolent and Lo●ty , none dared to touch him ? and for his abuses to a poor VVorm , who w●it to him for Justice and Satisfaction , could have no answer of said Letter ; and being discontented to ●ear him preach to an A●ditory , knowing his Life to be Vnsavoury , and an Vnjust Judge . I write the second Letter to him o● dislike to his preaching , which after he had read 〈◊〉 it in the Fire : Why did he not answer it , & get satisfaction from the Aut●or , but that he knew himself Tardy , resolv'd to Exercise Bonners Cruelty on my poor paper : And its matter o● sorrow 〈◊〉 divers among you know enough 〈◊〉 S. J. but you cover him and one another , and whom you please to abase , down with him amain ; do you think people are blind , and without sence ? be it known , they see , they hear , &c. 1. Pray let it be quer●ed into , whether it was not true that S. J. did wage his Horse with John Slocum , to ●ide a Race with their Horses ? and whether J. Slocum did not re●use to take the advantage of him , because S. J. was D●unk , & c ? 2. And pray let it be inquired into , whether S. J. at another time was not so drunk , co●ld scarce get over the Ship side of Joseph Bryar , when at Burlington ? 3. And pray let it be inquired , whether the said S. J. did not wickedly in surveyin● a T●act of Land which Joh. Antrum had actually begun to do ? 4. And pray let it be enquired into , whether S. J. did not take away the M. adow of Richard Matthews , who being in England , took the Advantage ? What the Effect will be , Time m●st manifest , how Odious he will render others or S. J's sake , he being a pretty eminent man in London . 5. And pray let be enquired into the Actions and Abuses of S. J. to Iohn ●keen , deceased , which should have been answered at Burlington Meeting . 6. And pray let it be inquired into , whether it was S. J. or J. Simcock that wa● by two Persons carried to Bed Drunk ? 7. And pray let it be further enquired into , whether it was the said S. J. ●● . Simcock that was so drunk lost a Coat that was borrowed of another man , & c ? Seeing so many of you have condemned G. K. for words let these Actions be also condemned , they being as great Pretenders to be Ministers as him . And pray take special care this be not burnt , as the former , having a Copy of the same . Peter Boss . 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 the 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 ; 〈◊〉 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 follow , viz. Concerning a Report which has been about Sam. Jening's riding a Wager with John Sclocum , I do here testifie , That about three Years now past , Sarah Biddle , VVise of W. Biddle , senior , she being at Burlington , did tell it me thus , as followeth , That she reproving her Son William , who had been riding hard , she said , his answer was , VVhy Mother , may not I so well as Sam. Jenings , he could ride a Race , or did ride one , with John Slocum , and John won his Horse , but he would not take the advantage of Samuell , because Samuell was Cacuse , ( John Slocum said ) says William to his Mother : This I do here affirm , that I had it from Sarah Biddles own mouth , and that we understand the word Cacuse to be drunk . Mary Budd . Burlington in West-New-Jarsey , the 1st of October , 1692. Attested before me , Edward Hemlock , Justice . VVhereas there is a Report of S. Jenings riding a Race with J. Slocum ▪ thus much I William Bustill do hereby affirm to the truth of said Report , Will. Biddle , sen . did tell me , that S. Jenings and J. Slocum did ride a Race together , and that John did win S. Jenings Horse , which was a 〈◊〉 Gray , and that which J. Slocum did ride on W. Biddle did buy of J. Slocum ▪ end that it was at or about the time when the Provinces were divided , and that the Race was run in some place between Amboy and George Keith's Land in East-Jarsey , as they Came from Amboy . October , the 21th , 1692. Will. Bastill . As concerning a Report of S. Jenings riding a Race with J. Slocum abo●● three Years ago , W. Biddle , sen . at Dinner , and 〈◊〉 Vise in company 〈◊〉 his own Ho●se did tell me , that S. Jenings did ride a VVager with J. Slocum , and lost his Horse , which I am ready to be att●●●d to , if further need shall 〈◊〉 , as witness my hand hereunto set , this 2d of Novem. 1692. Henry Beck . Memorand . That my Sister Sarah Bainbridge told me , that William Piddle did 〈…〉 , that as 〈◊〉 was riding from East-Jarsey towards his own Horse , he hea●d a noise , where●pon he looked behind him , and did see Sam. Jenings and J. Slocum ride a●ter him very ●ast , and J. Slocum said to S. Jenings , I have won thy Horse as fair as ever any man wo●●n , thing in this World. John Bainbridge . A concerning the Report that S. Jenings surveyed the Meado● of Rich. Matthews , I have this to say , being then and there present , I being assistant at that time to Simon Charles in surveying Land for Samuell , I went with S. Jenings to the● said Meadow , and told him that was the Meadow that I 〈…〉 surveyed to Rich. Matthews : He bid me sh●w him the Lines 〈…〉 we went and searched , and 〈◊〉 only one 〈◊〉 or two marked 〈◊〉 the meadow side , and no more ; for there had been a fi●e , that had not only 〈◊〉 up most of the Trees there by the Root , but also the Surface of the 〈◊〉 it self , so that we could find no marks in any order ; then I produced 〈◊〉 of the Records of the Survey , which was the same with this following , viz. Surveyed also that piece of Meadow lying at the Northwest 〈◊〉 no● of the 〈◊〉 and , extending to the Neck or narrowest place of 〈◊〉 same , as it is now marked , all making up the number of 500 acres , 〈…〉 notwithstanding Samuell bid Simon p●t it into the 〈…〉 he acceedingly did . Now Elias For being Attorney ●or Rich. Matthews , and hearing of what Samuell had done , he made application to 〈…〉 to Sam. Jenings about it , and signified to him , 〈…〉 could not ●old that Meadow , neither by Equity nor by 〈…〉 testified by me , Daniel Leeds . 〈◊〉 before me Edward Hemlock , Justice , Octob. 1. 1692. Memorandum , That I James Silver , then Servant to Sam. Jenings , 〈…〉 Servant's and Creatures , viz. 〈…〉 ●●ating both Servants & Cattle , when not able to go forwards , and one time broke the Rib of an Ox by his unmerciful Beating , and taking taking Benj. Moore by the Throat as he was coming of his Bed , bore my Testimony against it , as unsuitable to the Spirit of Christ , he took occasion to deal very hardly with me , and let me go almost Naked , and when Winter grew on , and I complained under the sence of Cold , he threatened to make me creep , 〈◊〉 come on my hands and knees to him , like a Dog or Spaniel , or break my Bones . Burlington , the 5th Month , 1692. James Silver . [ Note , This James Silver was a man in years , and a Friend , and one that has had many Servants himself , whom he thus treated for witnessing against his great C●●elty . ] John Smith saith , That being at Philadelphia on or about the 28th of August , 1692. meeting with Sam. Jenings before his own door , his first Salutation to me 〈…〉 , as followeth , What! art thou a Keithian , Rascally Fellow , wor●e than an Infidell , that neither knows Law nor Gospel , must thou p●ate , sorry Rascally Fellow , I 'd call for a Constable , and send thee to the Crew , thou art like them , a Company of Rascally Fellows ; 〈◊〉 have thee to know , that we are able to judge both George Keith and the Country . And thus be did revile and call me Rascal and worse than an Infidel many times over ; and this was presently after he was come from a Meeting , and for no other Cause than saying to one who hanged up the Proclamation , ( against G. K. which they posted up both in Town & Country ▪ Ye may as w●ll hang the other side forward , for it shews their ●olly , a little Haman-like : This abuse to me was not unlike his former Actions and Behaviour to other his Servants , as instance on a time , James Silver , an Antient man , his poor Servant , for showing him his naked Things , and complaining for want of Clothes , Sam Jenings told him he would make him to creep on his Hands and Knees , like a Spaniel , and ●ap his back , if he would not hold his prating , &c. John Smith . Note , That several other Testimonies might be here set down concerning S. Jenings disorderly walking and behaviour in his Family and among his Neighbours , and particularly his Inhumane Whippin● of his Servant Maid naked in her Bed , the manner and circumst●●e●s 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 Letter , yet these things being commonly reported abroad , were cause enough , one would think , for the Quakers to call him to an account , and search out the bottom of these things , but that he is g●own so so Proud , so High and Imperious , that none dares to touch him . Nay , lately one of his own Church Members , no● coming into Court at his Command , he bid ●etch him Headlong , 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 to his prejudice to have gone ; but a 〈◊〉 People resenting th●se Actions of Sam. Jenings very 〈◊〉 , Arth●r Cook said , I ●ll go to my Lord Judge , and see if I can perswade him . Yet the next day he can put on his Canonical Robe and imitate a Disciple of the Meek Jesus , and compare himself to poor Mordecat ; and then again before he leaves the Pulpit , and that on a Sunday or first day of the Week , put on his Magist●atical Robes , and tell the People , That now he speaks to them as a Magistrate ; and because they did not break up their Religious Meeting at his Command , he calls out , Is there ever an Officer there ? let Proclamation be made iu the King and Queen's 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 of 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. Samuell Jenings , I perceive thou art no Change●ing , thou looks like a man for Bulk and Talk , like a Christian sometimes ; but really Samuell , whatever thy self or others think of thee , I do hereby tell thee , and that under my Hand , That I have met with more truly Noble and Manlike Treatment , and the Exercise of better Christianity among the Turks , than hath appeared hitherto in thee towards me : Surely Samuell , hadst thou exercised but the common sence and capacity of a Rational man , thou couldst not think that the Governo●r would send a man three thousand Miles with Instructions to take care and charge of his Servants , Goods and Stock , should be in a meaner capacity than his Negro●s , and not have a supply of Nec●ssaries , &c. but this thou hast very irrationally and unmanly denyed into me , and both thy sel , and Wife have proved False and Deceitfull unto me : 〈◊〉 requested me to write for thee , and promised Satisfaction for my ●abour , and I wrote about 149 Laws of the Province , and a Copy of the King● Charter to the Governour , and a List of the Governo●rs Tenants in the County of Bucks , with the Quantity of Land they hold , and upon what Ten●●e ; b●t 〈◊〉 a deceitful man thou refusest to perform thy promise ; And know this , that beside thy Promise , I have thy Letter under thy hand to p●odu●e , as also the Evidence of one of the most Credible Persons in the Town , whom 〈◊〉 told , That I had wrot● a Coppy of the Laws for thee , and thou wast to pay me 18 s. for it . Nay , yet 〈◊〉 , Samuell , when the Commissioners , which are thy Over-seers , ( to whom thou art obliged to render an Account , so often as they require 〈◊〉 of thee ) had ordered thee to let me have 50 s. for a supply of Necessaries , thou refused to let me have it , unless I would take it in thy Shop Goods ( which would have proved little better than a Cheat , for thou would have charged 50 s. to the Governour 's Account , when , its like , I should not have had really the value of 25 s. of thee . I once more consulted the Commissioners , who very freely and willingly wrote to thee a few Li●es , signed with their own hands , & gave it to me to deliver to thee , wherein th●y ordered thee to pay me 50 s. in Silver Money , according to their former Order ; but thou return'd them this Answer by me , That thou woudlst not answer their Bid , bidding me carry it back to them again ; which indeed is no other than an unchristian and unmanly slighting of the Commissioners , and a base and sordid Contempt of and trampling on that Power which the Governour hath invested them with over thee and his Affairs ; one might think by thy ●e●ortment towards them , that thou dost neither know thy sel● , nor the Station in which thou art placed by the Governour ; for Samuell , thou art no other than a Mercinary Servant , and that during the will and pleasure of the Governor , and the Commissioners are thy Overseers and Controule●s , to who●● thou art obliged to render an Account , &c. Thy true Friend , John Philly . Then next George Keith called into Court and set to the Bar. Cryer , O Yes , Silence is commanded upon pain of Imprisonment . The Presentment read , We of the Grand Jury do present George Keith and Thomas 〈…〉 A●thors of a Book , entituled , The Plea of the Innocent , where in p. 13. about the latter end of the same , they the said Geo. Keith & Tho. Budd defamingly accuse Sam. Jenings , ( he being a Judge and Magistrate of this 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 . Clark , What say you George Keith , are you guilty or not guilty of this Presentment . G. Keith , Before I be dem●nded 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 Hill , and the Eyes of God , Angels and Men are upon us , and if ye do any thing against us that is not fair and ju●t , not only these part● 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 Court , but he would do well to take heed what he did , for if he spoke or published any thing in derogation of the Sentence of Court , it was against a Law in this Province , and he would be punished for it . G. K. An able Lawyer hath said , wh●n a man is w●onged , and can have no other Remedy , printing 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 P●nn and George Whithead , I wi●l not say any thing against your Law , but I suppose the true sence of it is , that if any derog●te from the sentence of a Court , if the Sentence be just , he is punishable , but not otherwise . Are your Courts infa●lible ? Is it not possible that at times they may give an unjust Sentence ? David Lloyd , Yea , our Courts are Infallible in Law , George , I assure thee . G. K. 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 was Infallible , and so far as they kept to the Law. Note , This 〈◊〉 as if he had said , they are infallible so far as they are Infallible , which is not very good sense , unless they mea● , that 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. desired to know in what Capacity D. Lloyd did plead there against them , seeing he was not the King's Attorney ? Da. Lloyd , We have no Kings Attorney . G. K. I understood , that Patrick Robinson is the Kings Attorney . D. Lloyd , No he is not . G. K. But he is Attorney General . D. L. He is neither Kings Attorney , nor Attorney General . G. K. What is he then ? D. Lloyd , He is the Proprietary's Attorney . Now G. K. still pressing to know in what Capacity D. Lloyd did plead , it was answered , That the Court allowed him to plead . Note , That it was admired by the Anditory , that this David Lloyd should be so Confident and Brazen-fa●●d , as to tell , in 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 and Malice against G. Ke●th and the rest , which he did to purpose , by str●●ning and perverting the places , by him brought , from their true sence ; and yet this man pretends to be a late Convert to the Religion of the People called Quakers . If they were all such , it would make one abhor them for Notorious Hypocrites . G. K. I desire you to hear me a little further , and that is , That ● think it very unfair , that these who are deeply prejudiced against 〈◊〉 , and my opposite Parties and Accusers , should be my Judges , as part●cularly Sam. Jenings and Arthur 〈◊〉 the last of which but a few days ago ( the 5 of 〈◊〉 mon. ) told me at this own house , before divers Witnesses , and J●on 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 had a fair Jury , A●thur Cook said , Tr●ely George , 〈◊〉 Fo●l One will serve t●ee . Now let the Court judge , whether this man is fit to sit upon the Bench to judge me , who says , That a Fo●● Jury will serve me . Suppose I had been the greatest Malefactor , will any say , A F●●l Jury will serve to try me ? is not this to destroy all Fundamental Laws ? I appeal to you here , the Justice● and Jury , such of you as are most manifestly Prejudiced against me , for my faithfull Testimony to the Quakers antient Principle against all use of outward 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 ? Sam. Jenings , We shall take care that ye shall not be our Judges : 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 . G. K. 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 . Court , No advantage shall be taken against thee on that account . Clark , VVhat say you , George Keith , to your Presentment , are you Guilty or not Guilty ? G. K. 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 , may sue me in their own Names , and I am ready to answer them . Court and Clark , 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 . G. K. I knew not 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 . Clark , If ye refuse to be tryed by the Jury , the Bench has Power to fine you . G. K. I shall take my hazard of that ; I have able Council that the things whereof am accused , are not presentable by the grand Jury . D. Lloyd , If able Council has so advised thee , their Counsel has failed in this . G. K. To call a man Proud and Imperious is not Actionable . D. Lloyd , Tho● not Actionable , yet Presentable . G. K. If not actionable , not presentable . D. Lloyd , That is not a good Consequence . But let all impartial Readers judge , whether it be not a good Consequence , that if words spoke concerning particular Persons , not as Magistrates , be not actionable , that therefore they are not presentable ; because , for what are they presentable , seeing they are neither against the King , nor Governour , nor Country , nor particular men as Magistrates ? D. Lloyd . 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 . G. K. They were nor spoke to him as a Magistrate , nor when he was in the exercise of his Office ; and to call him High and Imperious doth 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 not to call him High & Imperious ; for Piety , whereof 〈◊〉 is a Branch , is no essential Qualification of a Magistrate , tho it be of a Christian and Minister of Christ ; 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 Artificer altho ' he be Proud , but to be Proud reflecteth on ●im as he professeth to be a Christian or Minister of Christ . And this distinction Sam. Jenings 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 putteth on 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 his Fellow Church Members , not high and imperious , and exacting the severity of the Law of them ; for even the Law saith , Summum jus , Summa Injuri● , i. e. The Rigour of the Law is high Injustice ; for if the Law of England be Lex Misercordiae , as it is called , then well may the Law of Christianity be called Lex Misercordiae , i. e. The Law of 〈◊〉 . that is , forbearing , and exacteth not the utmost farthing . Note further , That one Reason of these word , being mentioned in the Plea of the Innocent , viz. That S. Jenings 〈◊〉 shown him●self 〈…〉 imperious in worldly Courts , was , that a little time before he had commanded to bring one of his fellow Members ( viz. Samuell Buckly ) Headling to the Court , and fined him ten Pound for refusing to come at 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 tender Christian , who should be meek and merciful ? G. K. Having refused to plead otherwise than as above mentioned , Dav. Lloyd bid the Clark record him Nioil dieit , i. e. he saith nothing . To which G. K. replyed , Why should he record me nihil dicit ! I think I have said a great deal . And after some further discourse , G. K. was set aside , and Thomas Budd set to the Bar , the most material discourse that passed here follows , viz. The Presentment being read , the Clark said , Thomas Budd , What say yo● , are you guilty , as you stand here presented , or not guilty ? T. Budd , Not guilty , as there presented , but own my self to be one of the Authors of that Book , called , The Plea of the Innocent . Clark , By whom will you be tryed ? T. Budd , By God and the Country . D. Lloyd , as Attorney against him , pleaded , That to call a man proud and Ignorant , was to reflect on the Governour that constituted 〈◊〉 , &c. G. Keith , in behalf of Tho. Budd , answered , That what was there said of Sam. Jenings , as to calling him Ignorant and Presumptuous , was not said of him , as he was a Magistrate , but as he professed himself to he a Christian and Minister of Christ ; I pened those words in the Plea of the Innocent , concerning S. Jenings , 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 , ●blit to do our own Business , as men , we needed not a supernatural Power , nor have joyned with them that say , The Light within is sufficient to Salvation without any thing else , thereby excluding the Man Christ Jesus from having any part in our Salvation . And our calling him Presumptuous and Insolent did relate to his severe pressing me to an absolute Submission to their Judgment , in a matter of Conscience , whenas S. J. refused to submit to the Judgment of Friends , both here and at Londo● , in worldly matters ; also his calling me Apostate , and worse than Prophane , in a publick Meeting , as well as in private , and saying , We shall let thee to know , George , that we shall judge thee , and his signing that Paper of the 28 against me , wherein they so boldly assert , ●hat they have tenderly and orderly dealt with me ; whenas they never 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 ? Tho. Budd , Yes , I except against all of them that are called Quakers , because I perceive they are them that are parties against me . D. Lloyd , That is too general , and is no Exception in Law. Tho. Budd , I except particularly against Rich. Walter , because he signed the Paper of the 28 against us ( which this Book was an Answer to ) and against Jam●s Fox , because he signed a Paper in the Quarterly against us ; and I except against Joseph Kirle and John Whitpa●e , 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 th● above named Jurors went forth , and next morning brought in 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 , an , more than the Verdict of the Jury at Old Bayley , which was , That they found W. Penn guilt● 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 five pound a piece , as a Fine . And tho in this case Sam. Jenings was the Person only concerned as the Adversary Party , yet he sate on the Bench when they gave Judgment against G. K. and T. B. Which was judged most unreasonable and illegal , that Sam. Jenings , ( who is the Governour 's Receive of all Fines and Forfeitures ) should be so actively concerned in fining these men , having so manifestly before showed his Prejudice against them . 〈◊〉 , it being expresly contrary to a Vote of an Assembly of this Province , the 3d Month , 1689 ( where Arthur Cook was Speaker ) viz. Resolved ; nemine contra dicente , That it is an Agrievance that any Person who is commissionated or appointed by the Governour to receive the Governour 's Fines , Forfeitures and Revenues whatsoever , shall sit in Judgment in any Court of Judicature within this Government , in any matter or cause whatsoever , where a fine or forfeiture shall or may accrew to the Governour . But Arthur Cook could now wi●k at this Ag●ievance , and let Samuell Jenings sit on the Bench when these Persons were fined . But for a further proof that Sam. Jenings has 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 Tho. Ashly , S. J. 〈◊〉 menaces him , viz. Thou told me formerly that I had done my worst , but now thou art fallen into my hands , thou shalt know that I have not done my VVorst yet . 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 , 〈◊〉 , showing how unlike he is to a true Christian , and even to many 〈…〉 as Christian Magistrates , who have born with Patience , 〈◊〉 Affronts and Reflections from Persons far inferiour to them . 5 thly , Another Instance of S. J'● Pride and Insolency is , that on the , 10 of the 10 Month , coming out of Court , said to Ralph Ward and John M “ Comb , in the open Street , before many Witnesses , If I draw 〈◊〉 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 Judgment , I will render Vengeance to mine Enemies , &c. Oh! is it not above the Power of mortal Man , to say , Is I draw out my Hand , I will not pull it in untill I have quelled you all ! Is not this to talk 〈◊〉 if he were 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. Jenings is now so zealous for the prosecuting them that say any thing against Magistrates , yet it s not long ago that he spoke much against Tho. Lloyd , Deputy Governour , and carried about ( out of one County into another ) 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 return , altho' the Jury brought in a special Verdict , which was only , That 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 declension 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 , Jesus 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 I. B. each Five Pound , for speaking slightingly of Sam. Jenings , as they pretend . Whereas if they had spoke Prophanely of Almighty God , Jes●s Christ , Christ , the Spirit of Truth or holy Scriptures , the Law inflicts but 〈◊〉 Were not these men far more zealous for their own Honour than the 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 ●ead , the substance of which was , That they p●●sented the 9 , 10 , 11 , & 12 Articles of the Paper , call'd , An Appeals &c. 〈◊〉 being of a tendency to weaken the hands 〈◊〉 the Magistrates . And we present William Bradford for printing of the said Seditious Paper , &c. Clark , What say yo● , William Bradford , are you guilty as you stand presented , or not guilty ? W. Bradford , In the first place , I desire to know , whether I am clear of the Mittimus , which differs from the Presentment . The Clark and Attorney read and perused the Mittimus & Presentment , and finding them to differ , said , That when W. B. was cleared according to Law , he was clear of the Mittimus . But W. B. insisted to know , Whether on the issue of the Presentment , he was clear of the Mittimus ? And after along debate thereon , answer was made , That W. B. was clear of the Mutimus on the Issue of the Presentment . Next , W. B. desired to know what Law that Presentment was grounded on ? D. Lloyd , It is grounded both on Statute and Common Law ? W. B. Pra. let me see that Statute and Common Law , else how shall I make my Plea ? Justice Cook told us last Court , That one reason why ye deferred our Tryal then , was , that we might have time to prepare our selves to answer it ; but ye never let me have a Copy of my Presentment , nor will ye now let me know what Law ye prosecute me upon . D. Lloyd & J. White , It s not usual to insert in Indictments against what Statute the Offence is , when it s against several Statutes & Laws made ? and if thou wilt not plead Guilty or not Guilty , thou wilt loose thy Opportunity of being tryed by thy Country . And they order'd the Clark to write down , that W. Brad●ord refused to plead ; which he did ; but as he writing it down , W. B. desired they would not take that advantage against him , for he refused not to plead , but only requested that which was greatly necessary , in order to his making his own Defence ; and several in the Court requesting on the Prisoners behalf , that the Court would not take advantage against him , they admitted him to plead , and he pleaded , Not Guilty . Then the Jury were called over , and attested , viz. Humphery Waterman , Joseph Kirle , James Fox , Samuell Hoult , Thomas Wharton , Tho. Marle , Nicholas Rideout , John Whitpare , Richard Sutton , Richard Walter , Thomas Morris , Abraham Hardiman . 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 ? W. Bradford , Yes , I have , and particularly against two of them , ( and which Exceptions I think are rational , ) and that is against Jos . Kirle and James Fox ; for at the time when I was commited to Prison Arthur Cook told me , That Joseph Kirle had said , That if the proceedings of the Magistrates was thus found fault with , that they must not defend themselves against Thieves and Robbers , Merchants would be discouraged of coming here with their ●●ssels , &c. And I except also against James Fox ; because on the first day after Babit and his Company were taken , I being at Sam. Carpenters , there was Governour Lloyd , James Fox , and several others , & in discourse concerning taking of the said Privateers , James 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 James 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 ; Joseph Kirle acknowledged he had spoke such words , and desired to be discharged ; but they would not allow of these Exceptions , altho' it is frequent in these Courts to change Jurors on bearly saying they do 〈◊〉 against such a one . ● . Lloyd & Clark , These are no Exceptions in Law ; hast thou at any time heard them say that th●● printed that Paper ? for that is only what they are to find . W. B. 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 weakening of the hands of the Magistrate . D. Lloyd , No , that is matter of Law , which the Jury is not to meddle 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 determi●ed what is a Breach of the Peace , and the penalty , which the Bench only is to give judgment on . Sam. Jenings , You are only to try whether W. B. printed it , or not . W. Bradford , 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 ●our of us of a mind ? Then D. Lloyd began to read the 9 , 10 , 11 , & 12 Articles of the said Appeal , and commented thereupon , denyiug , 1 st , That any men were hired to fight , but only to fetch back the Sloop ; 2 dly , 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 Jury are to find him guilty , if it appear to you that he has printed it . W. Bradford , 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 wholly relating to a Religious Difference , and asserting the Quakers antient 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 ? Justice Cook , If it was intended for the Yearly Meeting at Burlington , why was it published and spread abroad before the Meeting ? VV. B. Because it might be perused and considered of by Friends before the Meeting , even as the Bills that are prepared to be passed into 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 G. 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' it s 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 treely . 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 the Printer in this place , and the frame on which it was printed , was found in his House . W. B. 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 . Sam. Jening , The Frame on which it was printed is Evidence enough . W. B. But where is the Frame , there has no Frame been produced here ; and if there had , it is no Evidence , unless ye saw me print on it . Sam. Jenings , The Jury shall have the Frame with them , it cannot well be brought here ; and beside the Season is cold , and we are not to sit here to endanger our Health ; you are minded to put Tricks upon us . VV. B. 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. Jenings summoned up to the Jury what they were to do , viz. To find , 1st . whether or nor 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 Question , viz. VVhether the Law did rejui●e 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 it by Evidences , or on their own knowledge , or otherwise : Now ( says ● . Lloyd ) this otherwise is the Frame which you have , which is Evidence sufficient . VV. Bradford , 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 . Sam. Jenings , No , thou shalt not have thy things again , nor be discharged , but I now let thee know , thou stands in the same Capacity to answer next Court , as before . Next Court being come , VVill. Bradford attended , and desired to know whether he should have his Utensils , and be discharged ? Arthur Cook answered , Thou shalt not have thy Goods until released by Law. VV. Bradford , The Law will not release them , unless executed . Arthur Cook , If thou wilt request a Tryal , thou may have it . Whereupon I Query , 1 st . Whether it be practicable , or according to Law to seis● 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 call'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 they will cast men into Goal , & prosecute them as Seditious Persons for so doing ? Here follows abreviate 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 . A Declaration from the People of God , called Quakers , against all Plotters and Fighters , &c. Presented to the King , 1660. ALl Bloody Principles and Practices , we , as to our own particulars , do utterly deny , with all outward Wars and Strife , & Fightings with outward Weapons , for any end ( Mark ) or under any pretence whatsoever . And this is our Testimony to the whole World. — 〈◊〉 we do certainly know , and so testifie to the World , that the Spirit 〈◊〉 Christ , which leads us into all Truth , will never move us to fight an● war against any man with outward Weapons , either for the Kingdo●● of Christ , nor for the Kingdoms of this World. — We have used 〈◊〉 Force nor Violence against any man. &c. when we have been wronged we have not sought to revenge our selves — So that if we suffer as 〈◊〉 spected to take up Arms , or make War against any , it s without an● g●ound from us ; for it neither is , nor ever was in our hearts since 〈◊〉 owned the Truth of God , neither shall we ever do it , because it 〈…〉 to the Spirit o● Christ , his Doctrine , and the Practice of 〈◊〉 Apostle . Given forth by George Fox , Rich. Habberthorn , John Boulton , John Furley , jun. John Stubs , Francis Howgill , Gerrard Roberts , Thomas Moore , Lenord Fell , Samuell Fisher , Henry Fell , John Hind . See also Rob. Apology , Thes . 15. § . 15. p. 399. And § . 15. p. 40● he says , As to what relates to the present Magistrates of the Christ 〈◊〉 World , albeit we deny them not altogether the Name of Christian● because of the publick Profession they make of Christs Name , yet 〈◊〉 may boldly affirm , that they are far from the Perfection of the Christ●● Religion , because of the state in which they are , they have not come 〈◊〉 the pure Dispensation of the Gospel ; but for such whom Christ ha● brought hither , it is not lawful to defend themselves by Arms , 〈◊〉 ought over all to trust in the Lord. Object . The Scriptures and old Fathers , so called , did only prohibit 〈◊〉 Revenge , not the use of Arms for 〈◊〉 Defence of our Country , Bodi●● VVive● , Children , Goods , when the Magistrate commands it . Ans . If the Magistrate be truly a Christian , or desires to be so , 〈◊〉 ought in the first place to obey the Command of his Master , sayin● Love your ●nemies , &c. R●●● Answer to Brown , § . 16. p. 181. Brown mentions the necess●● of 〈…〉 VVar , to defend from those that unjustly 〈…〉 Thieves Robbers and Cut-Throats , &c. R. Barclay saith , Herein ● speak● more like an Atheist , than a Christian , and like one who ●●●lieveth nothing of a divine Providence in restraining evil Men. FINIS Notes, typically marginal, from the original text Notes for div A47161-e110 * i e. Master-like , as saith the English Expositor .