CHAPTER 1 (5)

I was kept till the assize; and Judge Turner and Judge Twisden coming that circuit, I was brought before Judge Twisden on the 14th day of the month called March, in the year 1663. When I was set to the bar, I said, “Peace be amongst you all.” The judge looked upon me, and said, “What! do you come into the court with your hat on?” Upon which, the jailer taking it off, I said, “The hat is not the honour that comes from God.” Then said the judge to me, “Will you take the oath of allegiance, George Fox?” I said, “I never took any oath in my life, nor any covenant or engagement.” “Well,” said he, “will you swear or not?” I answered, “I am a Christian, and Christ commands me ‘not to swear,’ and so does the apostle James, and whether I should obey God or man, do thou judge.” “I ask you again,” said he, “whether you will swear or not?” I answered again, “I am neither Turk, Jew, nor heathen, but a Christian, and should show forth Christianity.” And I asked him, “if he did not know that Christians in the primitive times, under the ten persecutions, and some also of the martyrs in Queen Mary’s days, refused swearing, because Christ and the apostle had forbidden it?” I told him also, “they had had experience enough, how many men had first sworn for the king and then against him. But as for me, I had never taken an oath in my life; and my allegiance did not lie in swearing, but in truth and faithfulness; for I honour all men, much more the king. But Christ, who is the great Prophet, and King of kings, who is the Saviour of the world, and the great Judge of all the earth, saith, ‘I must not swear.’ Now, whether must I obey Christ or thee? For it is in tenderness of conscience, and in obedience to the commands of Christ, that I do not swear; and we have the word of a king for tender consciences.” Then I asked the judge, “if he owned the king?” “Yes,” said he, “I do own the king.” “Why then,” said I, “dost thou not observe his declaration from Breda, and his promises made since he came into England, ‘that no man should be called in question for matters of religion, so long as he lived peaceably?’ If thou ownest the king, why dost thou call me into question, and put me upon taking an oath, which is a matter of religion, seeing neither thou nor any else can charge me with unpeaceable living?”

Upon this he was moved, and looking angrily at me, said, “Sirrah, will you swear?” I told him, “I was none of his sirrahs, I was a Christian; and for him, an old man and a judge, to sit there and give nick-names to prisoners, it did not become either his gray hairs or his office.” “Well,” said he, “I am a Christian too.” “Then do Christian works,” said I. “Sirrah!” said he, “thou thinkest to frighten me with thy words.” Then catching himself, and looking aside, he said, “Hark! I am using the word [sirrah] again;” and so checked himself. I said, “I spoke to thee in love; for that language did not become thee, a judge. Thou oughtest to instruct a prisoner in the law, if he were ignorant and out of the way.” “And I speak in love to thee too,” said he. “But,” said I, “love gives no nick-names.” Then he roused himself up, and said, “I will not be afraid of thee, George Fox; thou speakest so loud, thy voice drowns mine and the court’s; I must call for three or four criers to drown thy voice: thou hast good lungs.” “I am a prisoner here,” said I, “for the Lord Jesus Christ’s sake; for his sake do I suffer, for him do I stand this day; and if my voice were five times louder, I should lift it up, and sound it for Christ’s sake, for whose cause I stand this day before your judgment-seat, in obedience to Christ, who commands not to swear; before whose judgment-seat you must all be brought and must give an account.” “Well,” said the judge, “George Fox, say, whether thou wilt take the oath, yea or nay?” I replied, “I say, as I said before, whether ought I to obey God or man, judge thou? If I could take any oath at all, I should take this; for I do not deny some oaths only, or on some occasions, but all oaths, according to Christ’s doctrine, who hath commanded his followers not to swear at all. Now if thou or any of you, or your ministers or priests here, will prove that ever Christ or his apostles, after they had forbidden all swearing, commanded Christians to swear, then I will swear.” I saw several priests there, but not one of them offered to speak. “Then,” said the judge, “I am a servant to the king, and the king sent me not to dispute with you, but to put the laws in execution; therefore tender him the oath of allegiance.” “If thou love the king,” said I, “why dost thou break his word, and not keep his declarations and speeches, wherein he promised liberty to tender consciences? I am a man of a tender conscience, and, in obedience to Christ’s command, I cannot swear.” “Then you will not swear,” said the judge; “take him away, jailer.” I said, “It is for Christ’s sake that I cannot swear, and for obedience to his command I suffer, and so the Lord forgive you all.” So the jailer took me away; but I felt the mighty power of the Lord was over them all.

The sixteenth day of the same month I was brought before Judge Twisden again: he was somewhat offended at my hat; but it being the last morning of the assize before he was to leave town, and not many people there, he made the less of it. He asked me, “whether I would traverse, stand mute, or submit.” But he spoke so fast that it was hard to know what he said. However, I told him, “I desired I might have liberty to traverse the indictment, and try it.” Then said he, “Take him away, I will have nothing to do with him, take him away.” I said, “Well, live in the fear of God, and do justice.” “Why,” said he, “have not I done you justice?” I replied, “That which thou hast done has been against the command of Christ.” So I was taken to the jail again, and kept prisoner till the next assizes.

Some time before this assize, Margaret Fell was sent prisoner to Lancaster jail by Fleming, Kirby, and Preston, justices; and at the assize the oath was tendered to her also, and she was again committed to prison, to lie till the next assize.

Now Justice Fleming being one of the fiercest and most violent justices in persecuting Friends, and sending his honest neighbours to prison for religion’s sake, and many Friends at this time being in Lancaster jail committed by him, and some having died in prison, we that were then prisoners had it upon us to write to him, as follows:—

“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]