“O Justice Fleming!
“Mercy, compassion, love, and kindness adorn and grace men and magistrates. O! dost thou not hear the cry of the widows, and the cry of the fatherless, who were made so through persecution! Were they not driven, like sheep, from constable to constable, as though they had been the greatest transgressors or malefactors in the land? Which grieved and tendered the hearts of many sober people, to see how their innocent neighbours and countrymen, who were of a peaceable carriage, and honest in their lives and conversations amongst men, were used and served! One more is dead whom thou sent to prison, having left five children, both fatherless and motherless. How canst thou do otherwise than take care of these fatherless infants, and also of the other’s wife and family? Is it not thy place? Consider Job (c. xxix). He was a father to the poor, he delivered the poor that cried, and the fatherless that had none to help. He broke the jaws of the wicked, and plucked the spoil out of his teeth. But oh! measure thy life and his, and take heed of the day of God’s eternal judgment, which will come, and the sentence and decree from Christ, when every man must give an account, and receive a reward according to his deeds. Then it will be said, ‘O, where are the months that are past!’
“Again, Justice Fleming, consider, when John Stubbs was before thee, having a wife and four small children, and little to live on, but what they honestly got by their own diligence, as soon as he appeared thou criedst out, ‘Put the oath to that man.’ And when he confessed that he was but a poor man, thou hadst no regard; but cast away pity, not hearing what he would say. And now he is kept in prison, because he could not swear, and break the command of Christ and the apostle; it is to be hoped thou wilt take care for his family, that his children do not starve; and see that they do not want bread. Can this be allegiance to the king, to do that which Christ and his apostle say is evil, and brings into condemnation? Would not you have cast Christ and the apostle into prison, who commanded ‘not to swear,’ if they had been in your days?
“Consider also thy poor neighbour, William Wilson,[5] who was known to all the parish and neighbours to be an industrious man, and careful to maintain his wife and children; yet had little, but what he had got with his hands in diligence and travels to supply himself. How should his wife maintain her children, when thou hast cast her husband into prison, and thereby made him incapable of working for them? Therefore it may be expected, thou wilt have a care of his wife and children, and see they do not want; for how should they live, having no other way to be sustained, but by the little that he got? Surely the noise of this is in the very markets, the death of thy two neighbours; and the cry of the widows and fatherless is heard. All those fatherless and widows are made so for righteousness’ sake. For might not John Stubbs and William Wilson have had their liberty still, if they would have sworn, though they had been such as go after mountebanks and stage-plays, or run a hunting?
“O! consider, for the Lord’s mind is otherwise; he is tender. And the king hath declared his mind to be, that there should be no cruelty inflicted upon his peaceable subjects. Besides, several poor, honest people were fined, who had need to have something given them; and it had been more honourable to have given them something, than to fine them and send them to prison; some of whom live upon the charity of other people. What honour or grace can it be to thee, to cast thy poor neighbours into prison who are peaceable, seeing thou knowest these people cannot do that which thou requirest of them, if it were to save their lives, or all that they have? Because in tenderness they cannot take any oath, thou makest that a snare to them. What, thinkest thou, do the people say concerning this? ‘We know,’ say they, ‘the Quakers’ principle, that keep to Yea and Nay; but we see others swear and forswear.’ For many of you have sworn first one way and then another. So we leave it to the Spirit of God in thy conscience, Justice Fleming, who wast so eager for the taking of George Fox, and so offended with them that had not taken him, and now hast fallen upon thy poor neighbours. But, oh! where is thy pity for their poor, fatherless children, and motherless infants? O, take heed of Herod’s hard-heartedness, and casting away all pity! Esau did so, not Jacob.
“Here is also Thomas Walters, of Bolton, cast into prison, and the oath imposed on him through thee; and for denying to swear at all, in obedience to Christ’s command, he is continued in prison; having five small children, and his wife near confinement. Surely thou shouldst take care for them also, and see that his wife and small children do not want; who are as fatherless, and she as a widow, through thee. Dost thou not hear in thy ears the cry of the fatherless, and the cry of the widows, and the blood of the innocent speak, who through thee have been persecuted to prison, and are now dead? O! heavy sentence at the day of judgment! How wilt thou answer, when thou and thy works come to be judged,—when thou shalt be brought before the judgment-seat of the Almighty, who in thy prosperity hast made widows and fatherless for righteousness’ sake, and for tenderness of conscience towards God? The Lord knows and sees it! O man! consider in thy life-time, how thou hast stained thyself with the blood of the innocent! When thou hadst power, and might have done good amongst thy peaceable neighbours, and would not, but used thy power not to a good intent, but contrary to the Lord’s mind and to the king’s. The king’s favour, his mercy, and clemency to sober people, and to tender consciences, have been manifested by declarations and proclamations, which thou hast abused and slighted by persecuting his peaceable subjects. For at London, and in other parts, the Quakers’ meetings are peaceable; and if thou look but as far as Yorkshire, where the plot hath been, Friends’ innocency hath cleared itself in the hearts of sober justices; and for you here to fall upon your peaceable neighbours and people, and to be rigorous and violent against them that are tender, godly, and righteous, it is no honour to you. How many drunkards and swearers, fighters, and such as are subject to vice, have you caused to be brought before your courts? It were more honourable for you to look after such; for the law was not made for the righteous, but for sinners and transgressors. Therefore, consider, and be humbled for these things; for the Lord may do to thee as thou hast done to others; and thou dost not know how soon there may be a cry in thy own family, as the cry is amongst thy neighbours, of the fatherless and widows that are made so through thee. But the Quakers can and do say, ‘the Lord forgive thee, and lay not these things to thy charge, if it be his will.’”[6]
Besides this, which went in the name of many, I sent him also a line subscribed by myself only, and directed:—
“Friend,
“Thou hast imprisoned the servants of the Lord, without the breach of any law; therefore take heed what thou doest, for in the light of the Lord God thou art seen, lest the hand of the Lord be turned against thee!”
It was not long after this ere Fleming’s wife died, and left him thirteen or fourteen motherless children.
When I was prisoner at Lancaster, there was prisoner also one Major Wiggan, a Baptist preacher. He boasted much beforehand what he would say at the assize, if the oath should be put to him; and that he would refuse to swear. But when the assize came, and the oath was tendered him, he desired time to consider of it; and that being granted him till the next assize, he got leave to go to London before the assize came again, and stayed there till the plague broke forth, and there both he and his wife were cut off. He was a very wicked man, and the judgments of God came upon him; for he had published a book against Friends, full of lies and blasphemies; the occasion of which was this. Whilst he was in Lancaster castle he challenged Friends to a dispute. Whereupon I got leave of the jailer to go up to them; and entering into discourse with him, he affirmed, “that some men never had the Spirit of God, and that the true light, which enlighteneth every man that cometh into the world, is natural.” For proof of his first assertion he instanced Balaam, affirming, “that Balaam had not the Spirit of God.” I affirmed and proved, “that Balaam had the Spirit of God, and that wicked men have the Spirit of God; else how could they quench it, and vex it, and grieve it, and resist the Holy Ghost, like the stiff-necked Jews?” To his second assertion I answered, “that the true light, which enlighteneth every man that cometh into the world, was the life in the Word, and that was divine and eternal, and not natural; and he might as well say that the Word was natural, as that the life in the Word was natural. And wicked men were enlightened by this light, else how could they hate it? Now it is expressly said, that they did hate it; and the reason given why they hated it was, because ‘their deeds were evil;’ and they would not come to it, because it reproved them; and that must needs be in them, that reproved them. Besides, that light could not be the Scriptures of the New Testament, for it was testified of before any part of the New Testament was written; so it must be the divine light, which is the life in Christ, the Word, before the Scriptures were. And the grace of God, which brought salvation, had appeared unto all men, and taught the saints; but they that turned it into wantonness, and walked despitefully against the Spirit of Grace, were the wicked. Again, the Spirit of Truth, the Holy Ghost, the Comforter, which leads the disciples of Christ into all truth, the same should reprove the world of sin, of righteousness, of judgment, and of their unbelief. So the wicked world had it to reprove them; and the true disciples and learners of Christ, that believed in the light as Christ commands, had it to lead them. But the world that did not believe in the light, though they were lighted; but hated the light which they should have believed in, and loved the darkness rather than it,—this world had a righteousness and a judgment, which the Holy Ghost reproved them for, as well as for their unbelief.” Having proved that the good and the bad were enlightened, that the grace of God had appeared unto all, and that all had the Spirit of God, else they could not vex and grieve it, I told Major Wiggan, the least babe there might see him; and presently one Richard Cubban stood up, and proved him an antichrist and a deceiver by Scripture. Then the jailer had me away to my prison again. Afterwards Wiggan wrote a book of this dispute, and put in abundance of abominable lies; but it was soon answered in print, and himself not long after was cut off, as aforesaid.
This Wiggan was poor, and while he was a prisoner at Lancaster, he sent into the country, and got money gathered for relief of the poor people of God in prison; and many people gave freely, thinking it had been for us, when indeed it was for himself. But when we heard of it, we laid it upon him, and wrote also into the country, that Friends might let the people know the truth of the matter, that it was not our manner to have collections made for us; and that those collections were only for Wiggan and another, a drunken preacher of his society.
After this it came upon me to write to the judges, and other magistrates, concerning their “giving evil words and nick-names to such as were brought before them;” which was after this manner:—
“To all you that be Judges, or other officers whatsoever, in the whole world, who profess yourselves to be Christians.
“Friends,
“Herein and by reading the Scriptures, ye may see both your own words and behaviour, and the words and practice of both Jews and Heathens, and of the King of Kings, the great Lawgiver and Judge of the whole world. First, for the words and carriage of the Jews, when such as were worthy of death were brought before the rulers amongst them. When Achan had taken the Babylonish garment, and the two hundred shekels of silver, and the wedge of gold of fifty shekels weight, and Joshua, who was then judge of Israel, had by lot found him out, he did not say unto him, Sirrah,[7] nor, you rascal, knave, rogue, as some, that are called Christian magistrates, are too apt to do. But Joshua said unto Achan, ‘My son’ (mark his clean language, his savoury expression and gracious words), ‘My son,’ said he, ‘give, I pray thee, glory to the Lord God of Israel, and make confession unto him, and tell me now what thou hast done; hide it not from me.’ Then Achan confessed, that he had sinned against the Lord God of Israel, and thus and thus he had done. Then Joshua the judge said, ‘Why hast thou troubled Israel? The Lord shall trouble thee this day.’ And they stoned him and his with stones, and burnt his goods with fire. But there was no unsavoury word given to him that we read of, though he was worthy of death. Josh. vii.
“So when the man that gathered sticks upon the Sabbath-day was taken and brought before Moses, the judge of Israel, and put in ward until the mind of the Lord was known concerning him, we read not of any reviling language given him, but the Lord said to Moses, and Moses to the people, ‘The man shall surely be put to death.’ Numb. xv. 35.
“Likewise in the rebellion of Korah, Dathan, and Abiram, where Moses called them to trial, he did not sirrah them or miscall them, but said to Korah and the rest, ‘Hear, I pray you, ye sons of Levi,’ Numb. xvi. 8. And when he gave the sentence against them, he said, ‘If‘If these men die the common death of all men,’ &c. He did not say, If these rascals or knaves, as many that profess themselves Christians now do.
“When Elihu spoke to Job, who was a judge, and to his friends, and said, ‘Let me not, I pray you, accept any man’s person, neither let me give flattering titles unto man, for I know not to give flattering titles: in so doing my Maker would soon take me away,’ Job xxxii. Job did not say, ‘Sirrah, hold thy tongue,’ nor give him any unsavoury expression. Then for the words of David and Solomon, and other kings and officers, see in the books of the Kings and Chronicles the savoury language that they gave to them that were brought before them; nay, though Shimei cursed David the king, yet neither did David then, or afterwards, nor Solomon, when he caused him to be put to death, give him any reproachful language, or so much as call him sirrah; 2 Sam. xvi. and 1 Kings ii.
“Read the prophecies of Isaiah and Micah, Jeremiah, Ezekiel, and the rest of the prophets, who prophesied to several people, and against rulers, kings, and magistrates; yet where can it be found, that they had any bad language given them, as sirrah, or the like, by any ruler either of the Jews or heathens? Nay, though Jeremiah was cast into prison, and into the dungeon, yet there was no such word as sirrah, or knave given to him. Jer. xxxvii.
“Then for the words and carriage of the heathens: when Abraham was brought before Abimelech, who was a king, he gave Abraham no unsavoury expressions, Gen. xx. And when Isaac came before Abimelech, he gave him no taunting language either, Gen. xxvi. When Joseph was cast into prison, and that in Egypt, we do not read that he had any railing language given him, Gen. xxxix. Neither did Pharaoh, when Moses and Aaron appeared before him, give them bad language, as sirrah, knave, or the like.
“When Nebuchadnezzar sentenced the three children to the fiery furnace, there was no such language given them as sirrah, knave, rascal; but he called them by the names they were known by, Dan. iii. And when Daniel was brought before Darius, and sentenced to be cast into the lions’ den, he had no such names given him, as many give now, who call those rulers heathens, but themselves Christians.
“If ye look into the New Testament, in the parable of the wedding supper, the king, that came to view his guests, did not say unto him that was found without a wedding-garment, ‘Sirrah, how camest thou in hither?’ but, ‘Friend, how camest thou in hither?’ &c., though he was one that was to be bound hand and foot, and cast into outer darkness, Matt. xxii. Nay, when Judas had betrayed his master Christ Jesus, the Lord of life, and had sold him to the priests, Christ did not call him sirrah, when he came to apprehend him, but friend: Matt. xxvi. 50. Stephen in his examination, sentence, and death, had no such reproachful word given him as sirrah, or knave, Acts vi. and vii. When the apostles Peter and John were brought before the high priest and rulers of the Jews, and commanded not to preach in the name of Jesus, Acts iv., they were not called sirrah, or knaves, nor had they any such ill names given them. And when Paul and Silas were cast into prison by the magistrates, there was no such word given them in their examination, nor in their sentence, Acts xvi. They called them men, not rogues, sirrahs, or knaves. And when the magistrates had done contrary to law, they feared. So ye may see how short of this example many are, that call themselves Christian rulers, who are not afraid to cast innocent people into prison, and give them ill names besides, below both Jews and Heathens.
“When the uproar was at Ephesus about Diana’s shrine, Demetrius, who bore great sway among the craftsmen, did not call Paul sirrah, but Paul, Acts xix. And when Paul was brought prisoner before the high-priest Ananias, and the council of the Jews, and told them he had lived in all good conscience towards God until that day, though they, who professed the Scriptures but lived out of the life of them, could not bear to hear of living in a good conscience, as professors of the Scriptures now, that live not in the life, cannot bear to hear of living in a good conscience now-a-days: but Ananias caused Paul to be smitten on the mouth; yet he did not call him knave or sirrah, Acts xxiii. The apostate Jews indeed, who, though they professed Scripture, were out of the life thereof, and had rejected Christ, in accusing Paul before the Roman magistrates, did once call him a ‘pestilent fellow,’ Acts xxiv., as the accusing professors who live out of the life will sometimes call us now. But Felix gave Paul no such language; neither did Festus nor King Agrippa, in all their examinations of him, give him any such words as sirrah, rascal, knave, or the like, but heard him patiently. So now Christians may see through all the Scriptures, that when any persons were brought before rulers, kings, or magistrates, whether Jews or Heathens, they did not use to call them evil names, as sirrah, rascal, knave, and the like; they had no such fouled-mouthed language in their courts, nor did they use to say to them, ‘Sirrah, put off your hat.’ Now, ye that profess Christianity, and say the Scripture is your rule, may see, that more corrupt words proceed out of your mouths, than either out of the Jews or Heathens, if ye will try your practice by the Scriptures. And doth not the apostle tell you, that no corrupt communication should proceed out of your mouths, and that your words should be gracious? Now I query, where and whence ye, that call yourselves Christians, have got all these bad words and names, seeing neither God, nor Christ, nor the prophets, nor the judges, nor kings, nor rulers, ever gave any such names, so far as appears by Scripture, either amongst Heathens, Jews, or Christians?”
Before the next assizes, there was a quarter-sessions held at Lancaster by the justices; to which though we were not brought, I put Friends upon drawing up an account of their sufferings, and laying them before the justices in their open sessions. For Friends had suffered deeply by fines and distresses, the bailiffs and officers, making great havock and spoil of their goods, but no redress was afforded.
And because some evil-minded magistrates would tell us sometimes of the late plot in the North, we gave forth the following paper to stop their mouths, and to clear truth and Friends therefrom.
A Testimony from the people of God, whom the world calls Quakers, to all magistrates and officers, of what sort soever, from the highest to the lowest.
“We are peaceable, and seek the peace, good, and welfare of all, as in our lives and peaceable conduct is manifested; and we desire the eternal good and welfare of all, and their souls’ everlasting peace. We are become heirs of the blessing before the curse was, and of the power of God before the devil was, and before the fall of man. We are heirs of the gospel of peace, which is the power of God; and we are heirs of Christ, who have inherited him and his everlasting kingdom, and do possess the power of an endless life. Knowing this our portion and inheritance, this is to remove all jealousies out of your minds, and out of the minds of all people concerning us, that all plots and conspiracies, plotters and conspirators against the king, and all aiders and assisters thereunto, we always did and do utterly deny to be of us, or to be of the fellowship of the gospel of Christ’s kingdom, or his servants. For Christ said, ‘his kingdom was not of this world; if it were his servants would fight.’ And therefore he bid Peter ‘put up his sword, for,’ said he, ‘he that taketh the sword, shall perish with the sword.’ Here is the faith and patience of the saints, to bear and suffer all things, knowing that vengeance is the Lord’s, and he will repay it to them that hurt his people, and wrong the innocent. Therefore we cannot avenge, but suffer for his name’s sake. We know that the Lord will judge the world in righteousness, according to their deeds, and that, when every one shall give an account to him of the ‘deeds done in the body,’ then will the Lord give every man according to his works, whether they be good or evil. Christ said, he came not to ‘destroy men’s lives;’ and when his disciples would have had ‘fire to come down from heaven,’ to consume them that did not receive him, he told them, ‘they knew not what spirit they were of,’ that would have men’s lives destroyed, and therefore he rebuked them and told them, ‘that he came not to destroy men’s lives, but to save them.’ We are of Christ’s mind, who is the great Prophet, whom all ought to hear in all things, who saith to his, ‘if they strike thee on one cheek, turn the other; and render to no one evil for evil.’ This doctrine of his we have learned, and not only confess him in words, but follow his doctrine; therefore we suffer all manner of reproaches, scandals, slanders, spoiling of goods, buffetings, whippings, stripes, and imprisonments, for these many years; and can say, ‘the Lord forgive them that have thus served us, and lay not these things to their charge.’ And we know that the Jews’ outward sword, by which they cut down the Heathen outwardly, was a type of the inward sword of the Spirit, which cuts down the inward Heathen, the raging nature in people. The blood of bulls, lambs, rams, and other offerings, and that priesthood which offered them, together with other things in the law, were types of Christ, the one offering, and of his blood, who is the everlasting priest and covenant, our life and way to God, the great prophet and shepherd, the head of his church, and the great bishop of our souls, whom we witness come; and he doth oversee and keep his flock. For in Adam, in the fall, we know the striving, quarrelling, unpeaceable spirits are in the enmity one with another, and not in peace; but in Christ Jesus, the second Adam, that never fell, is peace, rest and life. The doctrine of Christ, who never sinned, is, to ‘love one another;’ and they who are in this doctrine, hurt no man; in which we are, in Christ, who is our life.
“Therefore it is well for you to distinguish between the precious and the vile, between them that fear God and serve him, and them that do not; and to make a difference between the innocent and the guilty, between him that is holy and pure, and the ungodly and profane; for they that do not so, bring troubles, burthens, and sorrows upon themselves. This we write in love to your souls, that ye may consider these things; for we cannot say that they who hate enemies and one another, are of God, or in Christ’s doctrine, but are opposers of it. And such as wrestle with flesh and blood, with carnal weapons, are gone into the flesh, out of the Spirit. They are not in our fellowship in the Spirit, in which is the bond of peace; neither are they of us, nor have we unity with them in their fleshly state, and with their carnal weapons. For our unity and fellowship stand in the gospel, which is the power of God, before the devil was, the liar, and the murderer, the man-slayer, and the envious. Christ’s mind and his doctrine being to save men’s lives, we, who are of Christ’s mind, are out of, and above these things. And our desire is, that in the fear of the Lord, ye may all live, and receive God’s wisdom, by which all things were created, that by it all may be ordered to his glory.
“This is from them that love all your souls, and seek your eternal good.”
Being now a prisoner in Lancaster Castle, a deep sense came upon me of a day of sore trial and exercise that was come and coming upon all who had been in high profession of religion; and I was moved to give forth the following paper as a warning to such:—
“Now is the day that every one’s faith and love to God and Christ will be tried; they who are redeemed out of the earth, and they who are in the earth, will be manifested; and who is the master they serve, and whether they will run to the mountains to cover them. Now will it appear who are the stony ground, who are the thorny ground, and who are the highway ground, in whom the fowls of the air take away the seed, and the thorns and cares of the world choke, and the heat of persecution scorches and burns up your green blade; for the day trieth all things. Therefore let not such as forsake truth, for saving the earth, say that your brother priest only ‘serveth not the Lord Jesus Christ, but his own belly, and mindeth earthly things,’ for such themselves also do the same, and hug and embrace self, and not the Lord. Now it will be made manifest, who is every one’s God, Christ, and Saviour, and their love will be manifest, whether it be of the world, or of God; for if it be the love of the world, it is enmity, and the enmity will manifest itself what it is; and the day will try every spirit and his fruits. Therefore, my dear friends, in the everlasting Seed of God live, that is over all the house of Adam and his works in the fall; and so dwelling in the Seed, Christ, that never fell, in him you all have virtue, life, and peace, and through him ye will overcome all that is in the fall.”
I wrote also another epistle to Friends, to warn them to keep out of the spirit, that wrought in John Perrot and his company against the truth:—
“Dear Friends,
“Dwell in the love of God, and in his righteousness; that will preserve you above all changeable spirits, that dwell not in the truth, but in quarrels. Avoid such, and keep your habitations in the truth. Dwell in the truth, and in the Word of God, by which ye are reconciled to him. Keep your meetings in the name of Jesus Christ, who never fell; then ye will see over all the gatherings of Adam’s sons and daughters, you being met in the life over them all, in which are your unity, peace, and fellowship with God, and one with another, in the life, in which ye may enjoy God’s presence among you. So remember me to all Friends in the everlasting Seed of God. The fellowship of all those that are got into fellowship in outward things, will corrupt and wither away. Therefore live in the gospel, the power of God, which was before the devil was. This fellowship in the gospel, the power of God, is a mystery to all the fellowships of the world. So look over all outward sufferings, and look at the Lord, and the Lamb, who is the First and the Last, the Amen; in whom farewell.”
In the sixth month, the assizes were held again at Lancaster, and the same judges, Twisden and Turner, came that circuit again; but Judge Turner then sat on the crown bench, and so I was brought before him. Before I was called to the bar, I was put among the murderers and felons for about two hours, the people, the justices, and the judge, also gazing upon me. After they had tried several others, they called me to the bar, and empannelled a jury. Then the judge asked the justices, “whether they had tendered me the oath at the sessions.” They said, “they had.” Then he bid, “give them the book, that they might swear they had tendered me the oath according to the indictment.” Some of the justices refused to be sworn; but the judge said, he would have it done, to take away all occasion of exception. When the jury were sworn, and the justices had sworn that “they had tendered me the oath according to the indictment,” the judge asked me, “whether I had not refused the oath at the last assizes?” I said, “I never took an oath in my life, and Christ, the Saviour and Judge of the world, said, ‘Swear not at all.’” The judge seemed not to take notice of my answer, but asked me, “whether or not I had refused to take the oath at the last assizes?” I said, “the words that I then spoke to them were, that if they could prove, either judge, justices, priest, or teacher, that after Christ and the apostle had forbidden swearing, they commanded that Christians should swear, I would swear.” The judge said he was not at that time to dispute, whether it was lawful to swear, but to inquire whether I had refused to take the oath or not, I told him, “those things mentioned in the oath, as plotting against the king, and owning the Pope’s, or any other foreign power, I utterly deny.” “Well,” said he, “you say well in that, but did you deny to take the oath? what say you?” “What wouldst thou have me to say?” said I; “for I have told thee before what I did say.” Then he asked me, “if I would have these men to swear, that I had taken the oath?” I asked him, “If he would have those men to swear, that I had refused the oath?” at which the court burst out into laughter. I was grieved to see so much lightness in a court, where such solemn matters are handled, and thereupon asked them, “if this court was a play-house? where is gravity and sobriety? for this behaviour doth not become you.”
Then the clerk read the indictment, and I told the judge, “I had something to speak to it;” for I had informed myself of the errors that were in it. He told me, “he would hear afterwards any reasons that I could allege, why he should not give judgment.” Then I spoke to the jury, and told them, “that they could not bring me in guilty according to that indictment, for the indictment was wrong laid, and had many gross errors in it.” The judge said, “I must not speak to the jury, but he would speak to them,” and he told them I had denied to take the oath at the last assizes; and, said he, “I can tender the oath to any man now, and premunire him for not taking it;” and he said, they must bring me in guilty, seeing I refused to take the oath. Then said I, “What do ye do with a form? ye may throw away your form then.” And I told the jury, “it lay upon their consciences, as they would answer it to the Lord God, before his judgment-seat.” Then the judge spoke again to the jury, and I called to him to “do me justice.” The jury brought me in guilty. Whereupon I told them, that “both the justices and they had foresworn themselves, and therefore they had small cause to laugh, as they did a little before.” O! the envy, rage, and malice that appeared against me, and the lightness; but the Lord confounded them, and they were wonderfully stopped. So they set me aside, and called up Margaret Fell, who had much good service among them; and then the court broke up near the second hour.
In the afternoon we were brought again to have sentence passed upon us. Margaret Fell desired, that sentence might be deferred till the next morning. I desired nothing but law and justice at his hands, for thieves had mercy; only I requested the judge to send some one to see my prison, which was so bad, they would put no creature they had in it; and I told him, that Colonel Kirby, who was then on the bench, said, “I should be locked up, and no flesh alive should come to me.” The judge shook his head, and said, “when the sentence was given, he would leave me to the favour of the jailer.” Most of the gentry of the country were gathered together, expecting to hear the sentence; and the noise among the people was, “that I should be transported.” But they were all crossed at that time; for the sentence being deferred till next morning, I was sent to prison again. Upon my complaining of the badness of my prison, some of the justices, with Colonel Kirby, went up to see it; but when they came, they durst hardly go in, the floor was so bad and dangerous, and the place so open to wind and rain. Some that came up said, “sure it was a jakes-house.” When Colonel Kirby saw it, and heard what others said of it, he excused the matter as well as he could, saying, “I should be removed ere long to some more convenient place.”
Next day, towards eleven, we were called again to hear the sentence; and Margaret Fell being called first to the bar, had counsel to plead, who found many errors in her indictment; whereupon, after the judge had acknowledged them, she was set by. Then the judge asked, “what they could say to mine?” I was not willing to let any man plead for me, but to speak to it myself; and indeed, though Margaret had some that pleaded for her, yet she spoke as much herself as she would. But before I came to the bar, I was moved in my spirit to pray, that God would confound their wickedness and envy, set his truth over all, and exalt his Seed. The Lord heard and answered, and did confound them in their proceedings against me; and though they had most envy against me, yet the most gross errors were found in my indictment.
Now, I having put by others from pleading for me, the judge asked me, “what I had to say, why he should not pass sentence upon me?” I told him, “I was no lawyer, but I had much to say, if he would have patience to hear.” At that he laughed, and others laughed also, and said, “Come, what have you to say? he can say nothing.” “Yes,” said I, “I have much to say, have but the patience to hear me.” Then I asked him, “whether the oath was to be tendered to the king’s subjects, or to the subjects of foreign princes?” He said, “to the subjects of this realm.” “Then,” said I, “look at the indictment, and ye may see that ye have left out the word, subject: so not having named me in the indictment as a subject, ye cannot premunire me for not taking the oath.” Then they looked over the statute and the indictment, and saw that it was as I said; and the judge confessed it was an error.
I told him, “I had something else to stop his judgment;” and I desired him to look what day the indictment said the oath was tendered to me at the sessions there. They looked, and said, “it was the eleventh day of January.” “What day of the week were the sessions held on?” said I. “On a Tuesday,” said they. “Then,” said I, “look at your almanacs, and see whether there were any sessions held at Lancaster on the eleventh day of January, so called?” So they looked, and found that the eleventh was the day called Monday, and that the sessions were on the day called Tuesday, which was the twelfth day of that month. “Look now,” said I, “ye have indicted me for refusing the oath in the quarter sessions held at Lancaster on the eleventh day of January last, and the justices have sworn that they tendered me the oath in open sessions here that day, and the jury upon their oaths have found me guilty thereupon; and yet ye see there were no sessions held in Lancaster that day.” Then the judge, to cover the matter, asked, “whether the sessions did not begin on the eleventh?” But some in the court answered, “no; the sessions held but one day, and that was the twelfth.” Then the judge said, “this was a great mistake, and an error.” Some of the justices were in a great rage at this, and were ready to quit the bench; they stamped and said, “who hath done this? somebody hath done it on purpose;” and a great heat was amongst them. “Then,” said I, “are not the justices here, that have sworn to this indictment, forsworn men in the face of the country? But this is not all,” said I, “I have more yet to offer why sentence should not be given against me.”
Then I asked, “in what year of the king the last assize here was holden, which was in the month called March last?” The judge said, “it was in the sixteenth year of the king.” “But,” said I, “the indictment says it was in the fifteenth year.” They looked, and found it so. This also was acknowledged to be another error. Then they were all in a fret again, and could not tell what to say; for the judge had sworn the officers of the court, that the oath was tendered to me at the assize mentioned in the indictment. “Now,” said I, “is not the court here forsworn also, who have sworn that the oath was tendered to me at the assize holden here in the fifteenth year of the king, when it was in his sixteenth year, and so they have sworn a year false?” The judge bid them look whether Margaret Fell’s indictment was so or not. They looked, and found it was not so.
I told the judge, “I had more yet to offer to stop sentence;” and asked him, “whether all the oath ought to be put into the indictment or not?” “Yes,” said he, “it ought to be all put in.” “Then,” said I, “compare the indictment with the oath, and there thou mayest see these words, viz. [or by any authority derived, or pretended to be derived from him, or his see] left out of the indictment, which is a principal part of the oath, and in another place the words [heirs and successors] are left out.” The judge acknowledged these also to be great errors. “But,” said I, “I have something further to allege.” “Nay,” said the judge, “I have enough, you need say no more.” “If,” said I, “thou hast enough, I desire nothing but law and justice at thy hands, for I don’t look for mercy.” “You must have justice,” said he, “and you shall have law.” Then I asked, “Am I at liberty and free from all that hath ever been done against me in this matter?” “Yes,” said the judge, “you are free from all that hath been done against you. But then,” starting up in a rage, he said, “I can put the oath to any man here, and I will tender you the oath again.” I told him, “he had examples enough yesterday of swearing and false-swearing, both in the justices and the jury; for I saw before mine eyes, that both justices and jury had forsworn themselves.” The judge asked me, “if I would take the oath?” “I bid him do me justice for my false imprisonment all this while; for what had I been imprisoned so long for? and I told him I ought to be set at liberty.” “You are at liberty,” said he, “but I will put the oath to you again.” Then I turned me about and said, “All people, take notice, this is a snare, for I ought to be set free from the jailer and from this court.” But the judge cried, “Give him the book;” and the sheriff and the justices cried, “Give him the book.” Then the power of darkness rose up in them, like a mountain, and a clerk lifted up a book to me. I stood still and said, “If it be a Bible, give it me into my hand.” “Yes, yes,” said the judge and justices, “give it him into his hand.” So I took it and looked into it, and said, “I see it is a Bible, I am glad of it.”
Now he had caused the jury to be called, and they stood by; for after they had brought in their former verdict, he would not dismiss them, though they desired it; but told them, “he could not dismiss them yet, for he should have business for them, and therefore they must attend and be ready when they were called.” When he said so, I felt his intent, that if I was freed, he would come on again. So I looked him in the face, and the witness of God started up in him, and made him blush when he looked at me again, for he saw that I saw him. Nevertheless, hardening himself, he caused the oath to be read to me, the jury standing by; and when it was read, he asked me, “whether I would take the oath or not?” Then said I, “Ye have given me a book here to kiss and to swear on, and this book which ye have given me to kiss, says, ‘Kiss the Son;’ and the Son says in this book, ‘Swear not at all;’ and so says also the apostle James. Now, I say as the book says, and yet ye imprison me; how chance ye do not imprison the book for saying so? How comes it that the book is at liberty amongst you, which bids me not swear, and yet ye imprison me for doing as the book bids me? Why don’t ye imprison the book?” As I was speaking this to them, and held up the Bible open in my hand, to show them the place in the book, where Christ forbids swearing, they plucked the book out of my hand again; and the judge said, “Nay, but we will imprison George Fox.” Yet this got abroad over all the country as a by-word, “that they gave me a book to swear on, that commanded me ‘not to swear at all;’ and that the Bible was at liberty, and I in prison for doing as the Bible said.”
Now when the judge still urged me to swear, I told him, “I never took oath, covenant, or engagement in my life, but my yea or nay was more binding to me than an oath was to many others; for had they not had experience how little men regarded an oath; and how they had sworn one way and then another; and how the justices and court had forsworn themselves now?” I told him, ‘I was a man of a tender conscience, and if they had any sense of a tender conscience, they would consider, that it was in obedience to Christ’s command that I could not swear. “But,” said I, “if any of you can convince me, that after Christ and the apostle had commanded not to swear, they altered that command and commanded Christians to swear; then ye shall see I will swear.” There being many priests by, I said, “if ye cannot do it, let your priests stand up and do it.” But not one of the priests made any answer. “O,” said the judge, “all the world cannot convince you.” “No,” said I, “how is it like the world should convince me; for ‘the whole world lies in wickedness;’ but bring out your spiritual men, as ye call them, to convince me.” Then both the sheriff and the judge said, “the angel swore in the Revelations.” I replied, “when God bringeth in his first-begotten Son into the world, he saith, ‘Let all the angels of God worship him;’ and he saith, ‘swear not at all.’” “Nay,” said the judge, “I will not dispute.” Then I spoke to the jury, telling them, “it was for Christ’s sake that I could not swear, and therefore I warned them not to act contrary to that of God in their consciences, for before his judgment-seat they must all be brought.” And I told them, “that as for plots and persecution for religion and Popery, I do deny them in my heart; for I am a Christian, and shall show forth Christianity amongst you this day. It is for Christ’s doctrine I stand.” More words I had both with the judge and jury before the jailer took me away.
In the afternoon I was brought up again, and put among the thieves some time, where I stood with my hat on till the jailer took it off. Then the jury having found this new indictment against me “for not taking the oath,” I was called to the bar; and the judge asked me, “what I would say for myself:” I bid them read the indictment, for I would not answer to that which I did not hear. The clerk read it, and as he read the judge said, “take heed it be not false again;” but he read it in such a manner that I could hardly understand what he read. When he had done, the judge asked me, “what I said to the indictment?” I told him, “at once hearing so large a writing read, and at such a distance that I could not distinctly hear all the parts of it, I could not well tell what to say to it; but if he would let me have a copy, and give me time to consider it, I would answer it.” This put them to a little stand; but after a while the judge asked me “what time I would have?” I said, “till the next assize.” “But,” said he, “what plea will you now make? are you guilty or not guilty?” I said, “I am not guilty at all of denying swearing obstinately and wilfully; and as for those things mentioned in the oath, as jesuitical plots and foreign powers, I utterly deny them in my heart; and if I could take any oath, I should take that; but I never took any oath in my life.” The judge said, “I said well; but,” said he, “the king is sworn, the parliament is sworn, I am sworn, the justices are sworn, and the law is preserved by oaths.” I told him, “they had had sufficient experience of men’s swearing, and he had seen how the justices and jury had sworn wrongly the other day; and if he had read in the Book of Martyrs how many of the martyrs had refused to swear, both within the time of the ten persecutions and in Bishop Bonner’s days, he might see, that to deny swearing in obedience to Christ’s command was no new thing.” He said, “he wished the laws were otherwise.” I said, “Our Yea is yea, and our Nay is nay; and if we transgress our yea and our nay, let us suffer as they do, or should do, that swear falsely.” This, I told him, we had offered to the king; and the king said, “it was reasonable.” After some further discourse, they committed me to prison again, there to lie till the next assize; and Colonel Kirby gave order to the jailer, “to keep me close, and suffer no flesh alive to come at me, for I was not fit,” he said, “to be discoursed with by men.”
Then I was put into a tower, where the smoke of the other prisoners came up so thick, that it stood as dew upon the walls, and sometimes it was so thick that I could hardly see the candle when it burned; and I being locked under three locks, the under-jailer, when the smoke was great, would hardly be persuaded to come up to unlock one of the uppermost doors, for fear of the smoke, so that I was almost smothered. Besides, it rained in upon my bed, and many times, when I went to stop out the rain in the cold winter season, my shirt was wet through with the rain that came in upon me, while I was labouring to stop it out. And the place being high and open to the wind, sometimes as fast as I stopped it, the wind blew it out again. In this manner did I lie, all that long cold winter, till the next assize; in which time I was so starved with cold and rain, that my body was greatly swelled, and my limbs much benumbed.
The assize began on the 16th day of the month called March, 1664-5. The same Judges, Twisden and Turner, coming that circuit again, Judge Twisden sat this time on the crown-bench, and before him I was brought. I had informed myself of the errors in this indictment also. For though at the assize before, Judge Turner had said to the officers in court, “Pray see that all the oath be in the indictment, and that the word, subject, be in, and that the day of the month and the year of the king be put in right; for it is a shame that so many errors should be seen and found in the face of the country;” yet there were many errors, and those great ones, in this indictment, as well as in the former. Surely the hand of the Lord was in it, to confound their mischievous work against me, and to blind them therein; insomuch, that although after the indictment was drawn at the former assize, the judge examined it himself and tried it with the clerks, yet the word, subject, was left out of this indictment also, the day of the month was put in wrong, and several material words of the oath were left out; yet they went on confidently against me, thinking all was safe and well.
When I was set to the bar, and the jury called over to be sworn, the clerk asked me, first, “whether I had any objection to make against any of the jury?” I told him, “I knew none of them.” Then, having sworn the jury, they swore three of the officers of the court to prove “that the oath was tendered to me at the last assizes, according to the indictment.” “Come, come,” said the judge, “it was not done in a corner.” Then he asked me, “what I had said to it, or whether I had taken the oath at the last assize?” I told him, what I had said, viz., “that the book they gave me to swear on, says, ‘swear not at all;’” and I repeated more of what I had formerly said to them, as it now came to my remembrance. Whereupon the judge said, “I will not dispute with you, but in point of law.” “Then,” said I, “I have something to speak to the jury concerning the indictment.” He told me, I must not speak to the jury, but if I had anything to say, I must speak to him. Then I asked him, “whether the oath was to be tendered to the king’s subjects only, or to the subjects of foreign princes?” He replied, “to the subjects of this realm; for I will speak nothing to you,” said he, “but in point of law.” “Then,” said I, “look in the indictment, and thou mayest see that the word, subject, is left out of this indictment also. And therefore seeing the oath is not to be tendered to any but the subjects of this realm, and ye have not put me in as a subject, the court is to take no notice of this indictment.” I had no sooner spoken than the judge cried, “Take him away, jailer, take him away.” So I was presently hurried away. The jailer and people looked when I should be called for again; but I was never brought to the court any more, though I had many other great errors to assign in the indictment.
After I was gone, the judge asked the jury, “if they were agreed?” They said, “yes,” and found for the king against me as I was told. But I was never called to hear sentence given, nor was any given against me, that I could hear of. I understood that when they had looked more narrowly into the indictment, they saw it was not good: and the judge having sworn the officers of the court, that the oath was tendered me at the assize before, such a day, according as was set in the indictment, and that being the wrong day, I should have proved the officers of the court forsworn men again, if the judge would have suffered me to plead to the indictment; which was thought to be the reason why he hurried me away so soon. The judge had passed sentence of premunire upon Margaret Fell, before I was brought in; and it seems, when I was hurried away, they recorded me as a premunired person, though I was never brought to hear the sentence or knew of it; which was very illegal. For they ought not only to have had me present to hear the sentence given, but also to have asked me first, “what I could say why sentence should not be given against me?” But they knew I had so much to say, that they could not give sentence, if they heard it.
While I was prisoner in Lancaster castle, there was a great noise and talk of the Turk’s overspreading Christendom, and great fears entered many. But one day as I was walking in my prison chamber, “I saw the Lord’s power turn against him, and that he was turning back again.” And I declared to some what the Lord had let me see, when there were such fears of his over-running Christendom; and within a month after the news came, that they had given him a defeat.
Another time, as I was walking in my chamber, with my eye to the Lord, “I saw the angel of the Lord with a glittering drawn sword stretched southward, as though the court had been all on fire.” Not long after the wars broke out with Holland, the sickness broke forth, and afterwards the fire of London; so the Lord’s sword was drawn indeed.
By reason of my long and close imprisonment in so bad a place, I was become very weak in body; but the Lord’s power was over all, supported me through all, and enabled me to do service for him, and for his truth and people, as the place would admit. For while I was in Lancaster prison, I answered several books, as the Mass, the Common-Prayer, the Directory, and the Church Faith; which are the four chief religions that are got up since the apostles’ days. And there being several Friends in prison at Lancaster and other prisons for not paying tithes, I was moved to give forth the following lines:—