The Tryals of Peter Boss, George Keith, Thomas Budd, and William Bradford, Quakers for several great misdemeanors (as was pretended by their adversaries) before a court of Quakers at the sessions held at Philadelphia in Pensylvania, the ninth, tenth, and twelfth days of December, 1692 : giving also an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716. 1693 Approx. 110 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A63218 Wing T2254 ESTC R26327 09431836 ocm 09431836 43068 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. A63218) Transcribed from: (Early English Books Online ; image set 43068) Images scanned from microfilm: (Early English books, 1641-1700 ; 1318:17) The Tryals of Peter Boss, George Keith, Thomas Budd, and William Bradford, Quakers for several great misdemeanors (as was pretended by their adversaries) before a court of Quakers at the sessions held at Philadelphia in Pensylvania, the ninth, tenth, and twelfth days of December, 1692 : giving also an account of the most arbitrary procedure of that court. Keith, George, 1639?-1716. Boss, Peter. 34 p. Reprinted for Richard Baldwin, London : 1693. Attributed to George Keith--LC. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Society of Friends -- Pennsylvania. 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-08 John Latta Sampled and proofread 2005-08 John Latta Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE TRYALS OF Peter Boss , George Keith , Thomas Budd , and William Bradford , QUAKERS , For several Great Misdemeanors ( As was pretended by their Adversaries ) before A Court of Quakers : At the Sessions held at Philadelphia in Pensylvania , the Ninth , Tenth , and Twelfth Days of December , 1692. Giving also an Account of the most Arbitrary Procedure of that Court. LICENSED , Octob. 19th . 1693. Dan. Poplar . Printed first Beyond-Sea , and now Reprinted in London , for Richard Baldwin in Warwick-lane . 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-Jersey , 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 Doctrine held forth by G. K. and some began to contradict his Testimony in publick Meetings ; but yet this were born with , and no open Difference until one William Stockdale accused Geo. Keith of Preaching Two Christs , because he held forth ( as necessary to our Salvation ) The Faith of Christ as he died 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 and 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 〈…〉 the Ministry , but they did nothing in the matter , but 〈…〉 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 Meeting 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 denied the sufficiency of the Light ; which G. K. denied , 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 withdrew , 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 within was sufficient without the Man Christ Jesus , &c. but finding that the stream went against them , T. Lloyd , A. Cook , and some others withdrew , and the Meeting ( consisting of at least Sixty Monthly-Meeting Members ) proceeded and 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 Unbelief , &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. denied the said Meeting and Judgment ; and 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 usual time and place , and Tho. Lloyd and Party went to the Meeting-house at the Centre , which made the first Seperation . Now the Difference being thus far advanced , caused much discourse and enquiry into the matter by all sorts 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 Expedient 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 and 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 his Eyes , &c. which done , Thomas Lloyd , Samuel 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 Trial , upon a time in Chester-County Tho. Lloyd said , George , if thou thinkest thy self aggrieved by that Judgment , there is relief for thee ; thou mayst 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. Bradford's 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 Samuel Jenings and 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 , Uttering and Spreading a Malicious 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 Queen's Authority , and in our Proprietary's Name , to require You to take into your Custody the Bodies 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 Sheriff of Philadelphia , or his Deputy . Arthur Cook , Samuel Jennings , Samuel Richardson , Humphry Murrey , Robert Ewer . Now though they had got these two poor Men into Goal , and tho' all sober People did resent their Proceedings very ill , and as proceeding 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 Cook a Lutheran , 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 strikes 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 Trial , so in like manner they prosecuted him in their Temporal Court without all hearing . Why ? to have done otherwise would have given the Lie and Contradiction to their Spirit of Discerning , which Justice Cook declared to be such , That they could judge of matters 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 Crier 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 Trial as shall be made appear anon , 1st . in the Case of George Keith and Tho. Budd . 2ly , In the Case of William Bradford . And , 3ly , in the Case of John M ” Comb. 1st . Here follows a Copy of the Publick Writing that was proclaimed by the Common Crier in the Market-place against G. K. At a Private Sessions held for the Country of Philadelphia the 25th of the 6th Month , 1692. before Arthur Cook , Samuel Jenings , Samuel Richardson , Humphry Murry , 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 see their Power taken from them ; which he acted in a most indecent manner . And further , the said G. K. with several of his Adherents , having some few days since , with an unusual Insolency , by a printed Sheet , called an Appeal , &c. Traduced , and vilely misrepresented the Industry , Care , Readiness and Vigilancy of some Magistrates , and others here , in their late Proceedings against some Privateers , viz. Babit and his Crew , in order to bring them to Condign Punishment , whereby to discourage such Attempts for the future ; and hath thereby also defamed and arraigned 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 , as also to the Subversion of the present Government , or to the aspersing the Magistracy thereof . Therefore for the undeceiving of all People , we have thought fit by this Publick Writing , not only to signifie that our Procedure 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 , Peace 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 , Samuel Jenings , Samuel Richardson , Humphrey Murrey , Robert Ewer , Anthony Morris . Note , There being an Answer to this Proclamation published in Print by O. R. and T. B. I shall only in this place make the 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 his 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 ) [ Here the Copy being blotted , it could not be read . ] so that one would think that 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 Christian , 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 their 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 Governor , will easily dare to call the Members of Council and Magistrates Impudent Rascals , as he hath lately called one in an 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 , [ Here the Copy being blotted , it could not be read . ] second Chapter of the Laws of this Province , That all Officers and Persons commissioned and employed 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. [ Here agian the Copy was blotted . ] 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 trial . And as touching the Person whom they say he call'd Impudent Rascal , it was one whom he knew not to be constituted , as they say he was ; but his Brother being so constituted , and refusing to serve , the People of the Town chose him in his Brothers stead to serve as a Magistrate within that Town Bounds , which was altogether unknown to G. K. and therefore Paul's Excuse , Acts 23. 4. I wist not Brethren that it was the High Priest , might be an Apology for him . But let us consider the word Rascal ; according to Goldman's Dictionary , a Rascal is a Brawler and Empty Talker , and one that deceiveth his Neighbour by false and weak Arguments ; and Cole in his Latine and English Dictionary saith , the Latin word Nebulo comet of the Hebrew word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nabal , and any ordinary School-boy that hath but learned his Accidence , knoweth that Nebulo signifieth Rascal , Villain , Knave or Rogue ; and in Scripture we find the same word , see Isa . 32. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Rascal will speak Villany ; and Jer. 29. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They commit Villany ; and as Gouldman in his Dictionary saith , a Villain 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 died 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 boysterous 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 Counsellours and Magistrates , and call them impudent Rascals . Oh , the horrid Impudency of those Men ! Let Shame cover their Faces , if they have any 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 Vigilancy of some Magistrates here , in their late Proceedings against some Privateers , &c. and hath thereby also defamed and arraigned the Determinations of the Provincial Judicatory , &c. As if G. K. and several others had printed a Book , and defamed and arraigned 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 arraign 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 all use 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 and 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 search 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 Vigilancy of these Magistrates here at Philadelphia , called Quakers , is worthy of Commendation , as they intimate , for saving of a Sloop by Force of Arms , how much more shall their Care and Vigilancy be worthy of Commendation , to raise a Militia to save and defend the whole Country , if any occasion should offer ? But how steadfast this doth manifest them to be the Quakers Principle of Refusing in all cases to fight , and that for Conscience sake , I shall leave all to judge . I always thought that which was a matter of Conscience to the Quakers in Old England , Barbadoes , and other places , had been a matter of Conscience to them under a Government of their own ; but I find the contrary in these Magistrates and many others joyned with them here . But that which seems the most strange to several observing Persons in this place , is , that several called Quakers in Maryland , Barbadoes , and other 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. writ a Letter to Samuel Jenings , ( being then in Church-Fellowship with him ) showing his Dislike thereof , and telling S. J. of some of the Scandals he lay under ; for this they issued forth a Warrant against him , and put him into Prison , without ever dealing with him in a Church Method , and at the next Court presented him for the same , to which Court he was bound to answer , where he gave his Attendance , with his Witnesses ready , but not brought to Trial , although much desired by him and his Wife , who urged the Injuries of the delay thereof . At the same Court William Bradford and John M “ Comb appeared , and desired they might come to a Trial , it being greatly to their Prejudice to be kept Prisoners ; and saying , it is provided by Magna Charta , That Justice 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 here 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 hadst been in England , thou wouldst have had thy Back slasht 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 Book he prints , or the Press 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 press'd for a Tryal . To which Justice Cook said , A Trial 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 , and the said Persons not brought to Tryal , but yet not wholly barren of Action , nor void of Injustice ; for tho' they had not only got W. Bradford into Prison , and taken his Letters from him , ( with which he should work ) and his Paper and Books out of his Shop , but also they had got the Body of 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 Fever , and several thought she would not live ; and tho' he acquainted them of her Condition , and how destitute his Family was , requesting them to let him go home , and he would promise to be ready at any time they should call for him ; This they would not grant , but to Prison he was sent ; ( tho' to give every one their due , White the 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 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 License so to do had paid Governor Lloyd Twelve Pieces of Eight , which is Three Pound Twelve Shillings for the last twelve Months before , [ No inconsiderable Price for a License ] yet they now proceeded to suppress his keeping of an Ordinary , though he had fulfilled , and in no respect transgressed the Conditions of his License , as will appear by a Copy of the said License , which here follows verbatim , viz. By the Lieutenant Governor , Philadelphia Ss . JOhn M ” Comb requesting License 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 and License 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 Conveniences for Man and Horse . This License 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 trangrest any Law , or broke any Conditions in his License , they ought to have call'd him before them , and convicted him thereof , but without ever so doing , they suppress his so-dear-bought-License , 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 License , and do Command him not to presume to keep an Ordinary after the Tenth Day of the next Month , being November , on pain of incurring the Penalty of the Forfeiture of Five Pound for keeping an Ordinary without a License : And that notice be given him of this Order . A true Copy by John White , Deputy-Clerk . Note , That the Contemptuous Behaviour they mention , was his and W. B's requesting of the Court to come to a Trial , as before is related ; and the Seditious Paper they mention , was the printed Appeal , which he having bought two of them , and 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 Trial for it , but this satisfied not these cruel Men , for they make that a main matter whereby to suppress his License [ No less than Two Punishments 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 Governor ; 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 and 12 days of the 10th Month , 1692. There being present on the Bench , as Justices , Samuel Jenings , Arthur Cook , Samuel Richardson , Robert Ewer , Henry Waddy , Griffith Owen , Quakers . John Holmes , Robert Turner , 10th and 12th days . Lacy Cock , and Anthony Morris on the 12th 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 , William Finley , Will. Lawrance . Observ . That most , if not all of these Men are known to be highly prejudiced against G. K. T. B. and those that ioyn with them , because of their zealous Testimony to Christ without , as well as Christ within . And John White , Sheriff , is known to be greatly prejudiced against them , who packt this Jury on purpose to present and defame G. K. and the rest , as was in some degree well observed by Justice Holme , when he saw they brought in new Presentments against G. K. in matters concerning their Religious Differences , for which he was sharply reproved and menaced on the Bench by Samuel 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 for their care and pains ; but ( said Justice Cook ) if they must be found fault with , who will serve upon a Grand Jury ? and 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 , but 't is supposed that Presentment was buried in the Clerks 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 Indictment 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 Samuel Jenings , being a * Magisterial Officer , with being an unjust Judge , and of his being Drunk , and of laying a Wager with John Slocum , and for many other scandalous , reproachful and malicious Expressions , to the Defaming of him , and tending to the Disturbance of the Peace , contrary to the Law in that case made and provided . Clerk , Peter Boss , What saist thou , art thou guilty or not guilty ? Peter Boss , Not guilty in manner and form as there presented . Clerk , By whom wilt thou be tryed ? Peter Boss , By God and the Country . Clerk , Call over the Jury . Humphery Waterman , Joseph Kirle , † Thomas Wharton , Tho. Marle , Richard Sutton , Samuel Hoult , † James Fox , Abraham Hardiman , Nicholas Rideout , Thomas Morris , Richard Walter , † John Whitpane . Clerk , 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 attested . The form of the Attestation , as follows , viz. In the Presence of Almighty God and this Court , you shall promise , well and truly to Try and true Deliverance make betwixt the Honourable William Penn , Proprietor and Governor 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 and scandalous things that were reported of him , as is usual for one Church member to do to another ; and they brought a Case out of Shepherd's Faithful Counsellor , that what is said must be Falso & Maliciose , i. e. falsly and maliciously , otherwise not actionable . And that if a Man speak slightly 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 Samuel Jenings , must needs relate to him as a Magistrate , for take away Samuel 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 seemeth 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 die together ; but yet he may remain to be Sam. Jenings , when he is neither Magistrate nor Quaker . And when his Attornies were about further to open the matter , how he writ to him only as a Church-member , and offered to produce some Presidents in the Case , Arthur Cook interrupted , saying , They would not have matters of Religion discoursed there , saying , What 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 allows , but they were very unwilling to suffer him to say any thing in behalf of Peter Boss , John White saying , G. K. was not Rectus 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 Ungodly 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 Attorney , and G. Keith his Friend , proffered to speak further to several things that had been alledged by D. Lloyd and J. White , 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 their 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 profess one Almighty God , this Court 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 actionable , tho' not actionable when spoke against a private person ; which ( said he ) is the present case . A Person standing by , said , May not sin be reproved in a Bishop or Magistrate ? At which they were greatly offended , and caused an Officer to take the said Person , viz. Ralph Ward , out of the Court. But for the further satisfaction of the Jury , and all others present , that he did not defame Sam. Jenings as a Magistrate , Peter Boss greatly pressed to have his said Letter read , which after some time was done , tho' 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 and Difference among us , not only because of the false Things compact in it , as is well known to many Witnesses , and now to impose it on all the Meetings , is plain downright Popery , and gives just occasion to all , not only to judge it as it 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 , says , What D ... lish work is here like to be ! a Pack of Fools have sent their Bull out : what a piece of work you 'll see in a short time , and how they 'll expose themselves , and force others to send it home in Print , says he , with worse 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 ( the Papists themselves ) for your Unrighteous Judgment , and drawing in those with you that have subscribed to they know not what , who were not present at either of the Meetings , so consequently did not hear the words charged on G. K. to be spoke by him , &c. but have taken all upon Trust , and signed as a Man that would be a false Witness to a Bill or Bond for Money , where none is due . 'T is hoped , that some will see their over-haste , and repent it , as well as others have done : How can you expect this Act of yours will be accounted Righteous Judgment , to condemn a Man for Words , and cover one anothers Deeds , as well as worse words in and among our selves . Has J. S. ever been dealt with for his many Enormous , palpable , gross Miscarriages chargeable upon him , his Greatness and Pride so Insolent and Lofty , none dared to touch him ? and for his abuses to a poor Worm , who writ to him for Justice and Satisfaction , could have no answer of said Letter ; and being discontented to hear him preach to an Auditory , knowing his Life to be unsavoury , and an Unjust Judge , I write the second Letter to him of dislike to his Preaching , which after he had read , flung it in the Fire : Why did he not answer it , and get satisfaction from the Author , but that he knew himself Tardy , resolv'd to exercise Bonner 's Cruelty on my poor Paper : And its matter of Sorrow there 's divers among you know enough of 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 sense ? Be it known , they see , they hear , &c. 1. Pray let it be queried into , whether it was not true that S. J. did wage his Horse with John Slocum , to ride a Race with their Horses ? and whether J. Slocum did not refuse to take the Advantage of him , because S. J. was Drunk , & c ? 2. And pray let it be inquired into , whether S. J. at another time was not so drunk , could 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 surveying a Tract 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 Meadow of Richard Matthews , who being in England , took the Advantage ? What the Effect will be , Time must manifest , how Odious he will render others for S. J 's sake , he being a pretty eminent man in London . 5. And pray let it be enquired into the Actions and Abuses of S. J. to John Skeen , deceased , which should have been answered at Burlington Meeting , 6. And pray let it be enquired into , whether it was S. J. or J. Simcock that was by two Persons carried to Bed Drunk ? 7. And pray let it be further enquired into , whether it was the said S. J. or 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 Testimonies 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 ; altho' it is well known , that Attestations in writing have been often accepted in this Court ; and 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 Extremity 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 Slocum , I do here testifie , That about three Years now past , Sarah Biddle , Wife 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 , Why 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 Samuel , because Samuel was Cacuse ( John Slocum said ) says William to his Mother : This I do here affirm , that I had it from Sarah Biddle 's one mouth , and that we understand the word Cacuse to be drunk . Mary Budd . Burlington in West-New-Jersey , the 1st of October , 1692. Attested before me , Edward Hemlock , Justice . Whereas 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 the 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 white Gray , and that which J. Slocum did ride on W. Biddle did buy of J. Slocum ; and 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-Jersey , as they came from Amboy . Will. Bastill . October the 21th , 1692. As concerning a Report of S. Jenings riding a Race with J. Slocum about three Years ago , W. Biddle , sen . at Dinner , and his Wife in company at his own House did tell me that S. Jenings did ride a Wager with J. Slocum , and lost his Horse , which I am ready to be attested to , if further need shall require , as witness my hand hereunto set , this second of Novemb. 1692. Henry Beck . Memorand . That my Sister Sarah Bainbridge told me , that William Biddle did say in her hearing , that as he was riding from East Jersey towards his own House , he heard a noise , whereupon he looked behind him , and did see Sam. Jenings and J. Slocum rid after him very fast , and J. Slocum said to S. Jenings , I have won thy Horse as fair as ever any man won any thing in this World. John Bainbridge . As concerning the Report that S. Jenings surveyed the Meadow 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 Samuel , I went with S. Jenings to the said Meadow , and told him that was the Meadow that I had formerly surveyed to Rich. Matthews : He bid me shew him the Lines of the survey : we went and searched , and found only one Tree or two marked by the Meadow side , and no more ; for there had been a Fire , that had not only burnt up most of the Trees there by the Root , but also the surface of the Meadow it self , so that we could find no marks in any order ; then I produced a Copy of the Records of the Survey , which was the same with this following , viz. Surveyed also that piece of Meadow lying at the Northwest corner of the said Land , extending to the Neck or narrowest place of the same as it is now marked , all making up the number of 500 Acres , as aforesaid . But notwithstanding Samuel bid Simon put it into the survey , which he accordingly did . Now Elias Far being Attorney for Rich. Matthews , and hearing of what Samuel had done , he made application to me , whereupon I wrote to Sam. Jenings about it , and signified to him , that in my Judgment , he could not hold that Meadow , neither by Equity nor by Law. Thus much is testified by me , Daniel Leeds . Attested before me Edward Hemlock , Justice , Octob. 1. 1692. Memorandum , That I James Silver , then Servant to Sam. Jenings , being troubled at his Severity towards both Servants and Creatures , viz his knocking one down and breaking his Cane upon him , and over-leading and beating both Servants and Cattle , when not able to go forwards , and one time broke the Rib of an Ox by his unmerciful beating , and taking Benj. Moore by the Throat as he was coming off 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 threatned to make me creep , or 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 had many Servants himself , whom he thus treated for witnessing against his Cruelty . ] 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 was this , as followeth , What! art thou a Keithian , Rascally Fellow , worse than an Infidel , that neither knows Law nor Gospel ; must thou prate , sorry Rascally Fellow , I 'll call for a Constable , and send thee to the Crew , thou art like them , a Company of Rascally Fellows ; I 'll have thee to know , that we are able to judge both George Keith and the Country . And thus he 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 and Country ) Ye may as well hang the other side forward for it shews their folly 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 ancient Man , his poor Servant , for showing him his naked Thighs , and complaining for want of Cloaths , Sam. Jenings , told him he would make him to creep on his Hands and Knees , like a Spaniel , and slap his back , if he would 〈◊〉 hold his prating , &c. John Smith . Note , That several 〈◊〉 Testimonies might be here set down concerning S 〈…〉 erly walking and behaviour in his Family and among his 〈…〉 and particularly his Inhumane Whipping of his Servant 〈…〉 naked in her Bed , the manner and circumstances of which I shall here omit for modesties sake ; but these here produced are sufficient to show , that there was cause for Peter Boss to write to him ; and tho 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 grown so Proud , so High and Imperious , that none dares to touch him . Nay , lately one of his own Church-members , not coming into Court at his Command , he bid fetch him Headlong , and fined him Ten Pound for not coming , and 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 all People resenting these Actions of Sam. Jenings very ill , Arthur 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 Mordccai ; and then again before he leaves the Pulpit , and that on a Sunday , or first day of the Week , put on his Magisterial 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 in 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 Senses . 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 29th Chapter of the 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. Samuel Jenings , I perceive thou art no Changeling , thou looks like a Man for Bulk and Talk , like a Christian sometimes ; but really Samuel , 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 Turks , than hath appeared hitherto in thee towards me : Surely Samuel , hadst thou exercised but the common sense and capacity of a rational man , thou couldst not think that the Governour would send a man three thousand Miles with Instruction to take care and charge of his Servants , Goods and Stock , should be in a meaner Capacity than his Negroes , and not have a supply of Necessaries , &c. but this thou hast very irrationally and unmanly denyed unto me , and both thy self and Wife have proved False and Deceitful unto me : Thou requested me to write for thee , and promised Satisfaction for my Labour , and I wrote about 149 Laws of the Province , and a Copy of the King's Charter to the Governour , and a List of the Governours Tenants in the County of Bucks , with the Quantity of Land they hold , and upon what Tenure ; but like a deceitful Man thou refusest to perform thy Promise : And know this , that beside thy Promise , I have thy Letter under thy Hand to produce , as also the Evidence of one of the most crediblest Persons in the Town , whom thou toldst , That I had wrote a Copy of the Laws for thee , and thou wast to pay me 18 s. for it . Nay , yet further , Samuel , when the Commissioners , which are thy Overseers , ( to whom thou art obliged to render an Account , so often as they require it 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 wouldst have charged 50 s. to the Governours 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 Lines , Signed with their own Hands , and gave it to me to deliver to thee , wherein they 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 wouldst not answer their Bill , 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 Deportment towards them , that thou dost neither know thy self , nor the Station in which thou art placed by the Governour ; for Samuel , thou art no other than a mercenary Servant , and that during the Will and Pleasure of the Governour , and the Commissioners are thy Overseers and Controulers , to whom 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 Budd as Authors 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 and 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 , and contrary to the Law in that made and provided . Clark. What say you , George Keith ? Are you Guilty or Not Guilty of this Presentment ? G. Keith . Before I be demanded to plead to the Presentment , I desire to be heard a few words : which the Court granting , he said , I would have you to consider , that both ye and we are as a Beacon set on a Hill , and the Eye of God , Angels and Men are upon us ; and if ye do any thing against us that is not fair and just , not only these parts hereaway will hear of it , but Europe also ; for if we be wronged ( if God permit ) we think to make it known to the World. Here some were very impatient , telling him , he menaced the 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 , When a Man is wronged and can have no other Remedy printing is the last : Ye must give Losers leave to complain : Our Friends have done it formerly in Old England when they have been unjustly dealt by , and particularly William Penn and George Whitehead . I will not say any thing against your Law , but I suppose the true sence of it is , that if any derogate from the Sentence of a Court , if the Sentence be just , he is punishable , but not otherwise . Are your Courts infallible ? 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 you 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 is as if he had said , they are infallible so far as they are Infallible , which is not very good Sense , unless they mean , 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 Kings Attorney . D. Lloyd . We have no King's Attorney . G. K. I understand 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 King's 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 A●●●ory , that this David Lloyd should be so confident and brazen-fac'd 〈…〉 , in an open Court , that Patrick Robinson was not the Kings Attorney , and thrust himself into that place , purposely to vent sort 〈◊〉 of his 〈◊〉 are Hatred and Malice against G. Keith and the rest which he did to purpose , by straining and perverting the places , 〈…〉 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 I think it very unfair , that those who are deeply prejudiced against me , and my opposite Parties and Accusers , should be my Judges , as particularly Sam. Jenings and Arthur Cook , the last of which but a few days ago , ( the 5th of the 10th Month ) told me at his own House , before divers Witnesses , and John 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 , Arthur Cook said , Truly George , a foul one will serve thee . Now let the Court judge , whether this Man is fit to sit upon the Bench to judge me , who says , That a Foul Jury will serve me . Suppose I had been the greatest Malefactor , will any say , A Foul Jury will serve to try me ? Is not this to destroy all Fundamental Laws ? I appeal to you here , the Justices and Jury , such of you as are most manifestly prejudiced against me , for my faithful Testimony to the Quakers ancient Principle against all use of outward Weapons , whether ye do as you 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 than 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 Formalities 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 . Clerk. What 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 & Clerk. 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 tried 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 Clerk 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 . Clerk. 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 I 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 Consequenee . But let all Impartial Readers judge , whether it be not a good Consequence , that if Words spoken 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 abusively of them , which thou hast done . G. K. They were not 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 Unjust in the Execution of them , this would have reflected on him as a Magistrate , but not to call him High and Imperious ; for Piety , whereof Humility 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 him as he professeth to be a Christian or Minister of Christ . And this distinction . S. 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 Injuria , 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 Mercy , that is , forbearing , and exacteth not the utmost Farthing . Note further , That one Reason of these words being mentioned in the Plea of the Innocent , viz. That S. Jenings had shown himself too high and imperious in worldly Courts , was , that a little time before he had commanded to bring one of his Fellow Members , ( viz. Samuel Buckley ) Headlong 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 becoming 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 then as above-mentioned , Dav. Lloyd bid the Clerk record him Nihil dicit , i. e. he saith nothing . To which G. K. replied , 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 Clerk said , Thomas Budd , What say you ? 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 . Clerk. By whom will you be tried ? 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 him , &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 be a Christian and Minister of Christ ; I penn'd those words in the Plea of the Innocent , concerning S. Jenings , and know they were not intended against him as a Magistrate , as the foregoing 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 need God's Power ; but 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 , when as S. J. refused to submit to the Judgment of Friends , both here and at London , 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 know , George , that we shall judge thee : And his Signing that Paper of the 28. against me , wherein they so boldly assert , That they have tenderly and orderly dealt with me ; when as 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 James Fox , because he signed a Paper in the Quarterly against us ; and I except against Joseph Kirle and John Whitpane , because they have spoke against G. K. and me , and justified these Presentments against us . But these Exceptions would not be allowed of , and therefore the above-named Jurors went forth , and next Morning brought in their Verdict , That Thomas Budd was guilty of saying , Samuel Jenings had behaved himself too high and imperiously in Worldly Courts . To which Tho. Budd and Geo. Keith pleaded , That it was no Verdict , not being found to be a Breach of any Law , any more than the Verdict of the Jury at Old Bayly , which was , That they found W. Penn guilty of speaking in Grace Church-street , which the Court took to be a clearing of him . But this was nothing regarded by our Justices , for they proceeded and gave Judgment against Thomas Budd and George Keith , viz. That they should each of them pay Five Pound a piece , as a Fine . And tho' in this case S. Jenings was the Person only concerned as the Adversary Party , yet he sat 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 Receiver of all Fines and Forfeitures ) should be so actively concerned in fining these Men , having so manifestly before shewed his Prejudice against them . Beside , 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 contradicente , 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 accrue to the Governour . But Arthur Cook could not wink at this Agrievance , and let Samuel 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. 1st , 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 . 2dly , Upon the Jury's bringing in their Verdict against Tho. Ashly , S. J. thus 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 Worst yet . 3dly , He said to another Person , Thou shalt have as little Justice as I can . 4thly , He said to John Skeen , who had been Governor , and was then Judge , Thou pitiful Whip-jack , I despise thee ; and yet we find not that John Skeen had him presented or prosecuted at Court for this more than ordinary abusive and scurrilous Expression , short of common Humanity ; and yet this is he who now can say , He will bear no affront , thereby showing how unlike he is to a true Christian , and even to many as well Heathen as Christian Magistrates , who have born with Patience great Affronts and Reflections from Persons far inferior to them . 5thly , Another instance of S. J's Pride and Insolency is , that on the 10th on the 10th Month , coming out of Court , said to Ralph Ward and John M ” Comb , in the open Street , before many Witnesses , If I draw forth my hand against you , ( stretching forth his Arm and shaking it ) I will not pull it in until 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 until 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 for ever , 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 , If I draw out my Hand , I will not pull it in until I have quelled you all ? Is not this to talk as if he were the Almighty ? But know , O vain weak Man ! thy Breath is in thy Nostrils , 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 parcel of Lampooning Rhimes , 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 and imperious in Wordly 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. and T. B. should pay 51. a piece . Whereupon they finding themselves aggrieved by this Judgment , craved an Appeal to the Provincial Court in Law , which was denied them . Then by Advice of able Council , they requested an Appeal to the King and Queen , and their Council in England , the King having reserved all Final Appeals to himself , in the Charter to W. P. But this also was denied 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 , and G. K. and T. B. each Five Pound , for speaking slightingly of Sam. Jenings , as they pretend . Whereas if they had spoke Prophanely of Almighty God , Jesus Christ , the Spirit of Truth , or holy Scriptures , the Law inflicts but 5 s. Were not these Men far more zealous for their own Honour than the Honour 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 10th of the 10th Month , 1692. William Bradford was called into Court , and set to the Bar. The Presentment read , the substance of which was , That they presented the 9 , 10 , 11 , & 12. Articles of the Paper , call'd , An Appeal , &c. as being of a tendency to weaken the hands of the Magistrates . And we present William Bradford for printing of the said Seditious Paper , &c. Clerk , What say you , 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 Clerk and Attorney read and perused the Mittimus and Presentment , and finding them to differ , said , That when W. B. was cleared according to Law , he was cleared of the Mittimus . But W. B. insisted to know , Whether on the issue of the Presentment , he was clear of the Mittimus ? And after a long debate thereon , answer was made , That W. B. was clear of the Mittimus on the Issue of the Presentment . Next W. B. desired to know what Law that Presentment was grounded on . D. Lloyd , It is grounded both on Statute and Common Law. W. B. Pray 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 Trial 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 and J. White , It 's not usual to insert in Indictments against what Statute the Offence is , when it 's against several Statutes and Laws made , and if thou wilt not plead Guilty or not Guilty , thou wilt lose thy Opportunity of being Tried by thy Country . And they order'd the Clerk to write down that W. Bradford refused to plead ; which he did ; but as he was 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. Humphry Waterman , Joseph Kirle , James Fox , Samuel Hoult , Thomas Wharton , Tho. Marle , Nicholas Rideout , John Whitpane , 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 committed 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 Vessels , &c. And I except also against James Fox , because on the first day after Babit and his Company were taken , I being at Sam. Carpenter's , there was Governor Lloyd , James Fox , and several others , and 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 joined with Tho. Lloyd in saying , He would mark them as Enemies to the Government and well-being of the Province , who were neutral 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 come before them ; Joseph Kirle acknowledged he had spoke such words , and desired to be discharged ; but they would not allow of those Exceptions , altho' it is frequent in these Courts to change Jurors on barely saying they do except against such a one . D. Lloyd and Clerk , These are no Exceptions in Law ; hast thou at any time heard them say that thou 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 , and whether it does not tend to the weakening of the Hands of the Magistrate . D. Lloyd , Yea , that is matter of Law , which the Jury is not to meddle with , but find whether W. B. printed it or no , and the Bench is to judge whether it be a Seditious Paper , or not ; for the Law has determined what is a Breach of the Peace , and the Penalty , which the Bench only is to give judgment on . 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 denied . Whereupon some of the Jury desired to know what they were to be attested to try , for they did believe in their Consciences , they were obliged to try and find whether that Paper was Seditious , as well as whether Will. Bradford Printed ; and some of them desired to be discharged . — A great Noise and Confusion among the People . Some on the Bench showing their willingness to allow of W. B's Exceptions against the two Jurors , Justice Cook said , I will not allow of it ; is there four of us of a mind ? Then D. Lloyd began to read the 9 , 10 , 11 , and 12. Articles of the said Appeal , and commented thereupon , denying , 1st , That any man were hired to fight , but only to fetch back the Sloop ; 2dly , That there was no Commission given , but only a Hue-and-Cry or Warrant , as might be in any other ordinary case , and what was done was in case of great necessity , when a Company of Rogues had Pyratically stolen 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 Ancient 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 ? W. 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 it here , which might Ruin him and his Family , tho' it 's not certain whether that Act be in force ; when as most of W. Penn's and 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 Trial , 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 and Paper to write down such words as they disliked , signifying that they would present them , and Justice Cook other times bid them take notice of such and such words , thereby over-awing the Prisoners that they had not liberty to plead freely . And when Tho. Harris , at the Request of the Prisoner began to say something to the matter , they stopt him , and bid an Officer take him away , and Arthur Cook said , That he should plead no more there . After a long time of pleading , D. Lloyd began to summons up the matter to the 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 . W. B. You of the Jury , and all here present , I desire you to take notice , that here has not one Evidence been brought to prove that I printed the Sheet , call'd , An 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 not that Paper , call'd , The Appeal , had not a tendency to the weakening the hands of the Magistrates , and encouragement of Wickedness ? 2dly , Whether it did not tend to the Disturbance of the Peace ? And , 3dly , Whether William Bradford did not print it , without putting his Name to it , as the Law requires ? The Jury had a Room provided them , and 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. Whether the Law did require two Evidences to find a man guilty ? To answer which D. Lloyd read a passage out of a Law-Book , That they were to find it by Evidences , or on their own knowledge , or otherwise : Now ( says D. Lloyd ) this otherwise is the Frame which you have , which is Evidence sufficient . W. 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 W. 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 , and to be discharged from his Imprisonment . S. Jenings . No , thou shalt not have thy things again , nor be discharged , but I now let thee know , thou standest in the same Capacity to answer next Court , as before . Next Court being come , Will. 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. W. Bradford . The Law will not release them , unless executed . Arthur Cook. If thou wilt request a Tryal , thou mayst have it . Whereupon I query , 1st . Whether it be practicable , or according to Law , to seise Men's 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 Trial , unless requested by the Imprisoned ? 2ly . When a Jury is Sworn , Well 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 Nicety ( as they call'd it ) of Evidence that W. B. printed that Paper ; whereas the other Jurors , called Quakers , said , they believed that W. 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 ancient 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 , and prosecute them as Seditious Persons for so doing . Here follows a Breviate of a Paper that was presented to the Court , to show , that it was agreeable to the Quakers ancient 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 , and Fightings with outward Weapons , for any end ( mark ) or under any pretence whatsoever . And this is our Testimony to the whole World. — And we do certainly know , and so testifie to the World , that the Spirit of Christ , which leads us into all Truth , will never move us to fight and war against any man with outward Weapons , either for the Kingdom of Christ , nor for the Kingdoms of this World. — We have used no 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 suspected to take up Arms , or make War against any , it s without any ground from us ; for it neither is , nor ever was in our Hearts since we owned the Truth of God , neither shall we ever do it , because it is contrary to the Spirit of Christ , his Doctrine , and the Practice of the Apostles . Given forth by George Fox , John Stubs , Leonard Fell , Rich. Hubberthorn , Francis Howgill , Samuel Fisher , John Boulton , Gerrard Roberts , Henry Fell , John Furley , jun. Thomas Moore , John Hind . See also Rob. Apology , Thes . 15. § 13. p. 399. And § 15. p. 407. he says , As to what relates to the present Magistrates of the Christian World , albeit we deny them not altogether the Name of Christians , because of the publick Profession they make of Christs Name , yet we may boldly affirm , that they are far from the Perfection of the Christian Religion , because of the state in which they are , they have not come to the pure Dispensation of the Gospel ; but for such whom Christ hath brought hither , it is not lawful to defend themselves by Arms , but ought over all to trust in the Lord. Object . The Scriptures and old Fathers , so called , did only prohibit private Revenge , not the use of Arms for the Defence of our Country , Bodies , Wives , Children , Goods , when the Magistrate commands it . Answ . If the Magistrate be truly a Christian , or desires to be so , he ought in the first place to obey the Command of his Master , saying , Love your Enemies , &c. R. B's Answer to Brown , § 16. p. 181. Brown mentions the necessity of Defensive War , to defend from those that unjustly assault , and Thieves , Robbers and Cut-throats , &c. R. Barclay saith , Herein he speaks more like an Atheist than a Christian , and like one who believeth nothing of a Divine Providence in restraining Evil Men. FINIS . Notes, typically marginal, from the original text Notes for div A63218-e200 * i. e. Master-like , as saith the English Expositor .