have set me at liberty. But the rest would not agree to that; for this was their last snare, and they had no other way to get me into prison, as all other things had been cleared to them. This was like the Papist's sacrament of the altar, by which they ensnared the martyrs. So they tendered me the oath, which I could not take; whereupon they were about to make my mittimus to send me to Lancaster jail; but considering of it, they only engaged me to appear at the sessions, and so for that time dismissed me. I went back with Margaret Fell to Swarthmore; and soon after Colonel West came to see me, who was at that time a justice of peace. He told us, "he acquainted some of the rest of the justices, that he would come over to see me and Margaret Fell; but it may be," said he, some of you will take offence at it." I asked him, "What he thought they would do with me at the sessions; " and he said" they would tender the oath to me again."

Whilst I was at Swarthmore, William Kirby came into Swarthmore meeting, and brought the constables with him. I was sitting with Friends in the meeting, and he said to me, "How now, Mr. Fox! you have a fine company here." "Yes," said I, "we meet to wait upon the Lord." So he began to take the names of Friends, and them that did not readily tell him their names, he committed to the constables' hands, and sent some to prison. The constables were unwilling to take them without a warrant, whereupon he threatened to set them by the heels; but one of the constables told him, "he could keep them in his presence, but after he was gone, he could not keep them without a warrant."

The sessions coming on, I went to LANCASTER, and appeared according to my engagement. There was upon the bench Justice Fleming, who had bid five pounds in Westmorland to any man that would apprehend me; for he was a justice both in Westmorland and Lancashire. There were also Justice Spencer, Colonel West, and old Justice Rawlinson the lawyer, who gave the charge, and was very sharp against truth and Friends; but the Lord's power stopped them. The session was large, and the concourse of people great; and way being made for me, I came up to the bar and stood there with my hat on, they looking earnestly upon me, and I upon them for a pretty space. Proclamation being made for all to keep silence upon pain of imprisonment, and all being quiet, I said twice, "Peace be among you." The chairman asked, "if I knew where I was ;" I said, “yes, I do, but it may be," said I, "my hat offends you; that is a low thing, that is not the honour that I give to magistrates, for the true honour is from above; which I have received, and I hope it is not the hat which ye look upon to be the honour." The chairman said, "they looked for the hat too,” and asked, "wherein I showed my respect to magistrates, if I did not put off my hat ?" I replied, "in coming when they called me." Then they bid one, "take off my hat." After which it was some time before they spoke to me, and I felt the power of the Lord to arise. After some pause, old Justice Rawlinson, the chairman, asked me, "if I knew of the plot ?" I told him, "I had heard of it in Yorkshire by a Friend, that had it from the high-sheriff." Then they asked me, "whether I had declared it to the magistrates." I said, "I had sent papers abroad against plots and plotters,

and also to you, as soon as I came into the country, to take all jealousies out of your minds concerning me and my friends; for it was and is our principle to declare against such things." They asked me then, "if I knew not of an act against meetings." I said, "I knew there was an act that took hold of such as met to the terrifying of the king's subjects, and were enemies to the king, and held dangerous principles; but I hoped, they did not look upon us to be such men, for our meetings were not to terrify the king's subjects, neither are we enemies to him or any man." Then they tendered me the oaths of allegiance and supremacy. I told them, "I could not take any oath at all, because Christ and his apostle had forbid it; and they had had sufficient experience of swearers, first one way, then another; but I had never taken any oath in my life." Then Rawlinson asked me, "whether I held it was unlawful to swear?" This question he put on purpose to ensnare me; for by an act that was made, such were liable to banishment or a great fine, that should say, it was "unlawful to swear." But I seeing the snare, avoided it, and told him, "that in the time of the law amongst the Jews, before Christ came, the law commanded them to swear; but Christ, who doth fulfil the law in his gospel-time, commands, 'not to swear at all;' and the apostle James forbids swearing, even to them that were Jews, and had the law of God." After much discourse, they called for the jailer, and committed me to prison.

I had about me the paper which I had written as a testimony against plots, which I desired they would read, or suffer to be read, in open court; but they would not. So being committed for refusing to swear, "I bid them and all the people take notice, that I suffered for the doctrine of Christ, and for my obedience to his command." Afterwards I understood the justices said, they had private instructions from Colonel Kirby to prosecute me, notwithstanding his fair carriage and seeming kindness to me before, when he declared before many of them "that he had nothing against me."

Several other Friends were committed to prison, some for meeting to worship God, and some for not swearing; so that the prison was very full. Many of them being poor men, that had nothing to maintain their families by but their labour, which now they were taken from, several of their wives went to the justices who had committed their husbands, and told them, "if they kept their husbands in jail for nothing but the truth of Christ, and for good conscience' sake, they would bring their children to them to be maintained." A mighty power of the Lord rose in Friends, and gave them great boldness, so that they spoke much to the justices. Friends also that were prisoners wrote to the justices, laying the weight of their sufferings upon them, and showing them both their injustice and want of compassion towards their poor neighbours, whom they knew to be honest, conscientious, peaceable people, that in tenderness of conscience could not take any oath; yet they sent them to prison for refusing to take the oath of allegiance. Several who were imprisoned on that account were known to be men that had served the king in his wars, and had hazarded their lives in the field in his cause, and had suffered great hardships, with the loss of much blood for him, and had always stood faithful to him from first to last, and had never received any pay for their service. To be thus

requited for all their faithful services and sufferings, and that by them that pretended to be the king's friends, was hard, unkind, and ungrateful dealing. At length the justices being continually attended with complaints of grievances, released some of the Friends, but kept divers of them still in prison.

Amongst those that were then in prison, there were four Friends for tithes, who had been sent at the suit of the Countess of Derby, and had lain near two years and a half. One of these, Oliver Atherton, a man of a weakly constitution, was, through his long and hard imprisonment in a cold, raw, unwholesome place, brought so low and weak in his body, that there appeared no hope of his life, unless he might be removed. Wherefore a letter was written on his behalf to the Countess, and sent by his son Godfrey Atherton, wherein were laid before her "the reasons why he and the rest could not pay tithes; because, if they did, they should deny Christ come in the flesh, who by his coming had put an end to tithes, and to the priesthood to which they had been given, and to the commandment by which they had been paid under the law. His weak condition of body was also laid before her, and the apparent likelihood of his death if she continued to hold him there; that she might be moved to pity and compassion, and also warned not to draw the guilt of his innocent blood upon herself.” When his son went to her with his father's letter, a servant of her's abused him, plucked off his cap, and threw it away, and put him out of the gate. Nevertheless the letter was delivered into her own hand, but she shut out all pity and tenderness, and continued him in prison till death. When his son returned to his father in prison, and told him, as he lay on his dying bed, that the Countess denied his liberty, he only said, "She hath been the cause of shedding much blood, but this will be the heaviest blood that ever she spilt ;" and soon after he died. Friends having his body delivered to them to bury, as they carried it from the prison to Ormskirk, the parish wherein he had lived, they stuck up papers upon the crosses at Garstang, Preston, and other towns, through which they passed, with this inscription :"This is Oliver Atherton, of Ormskirk parish, persecuted to death by the Countess of Derby for good conscience' sake towards God and Christ, because he could not give her tithes," &c.; setting forth at large the reasons of his refusing to pay tithes, the length of his imprisonment, the hardships he had undergone, her hard-heartedness towards him, and the manner of his death.

After his death, Richard Cubban, another of her prisoners for tithes, wrote a large letter to her, on behalf of himself and his fellow-prisoners at her suit, laying their innocency before her; and "that it was not out of wilfulness, stubbornness, or covetousness, that they refused to pay her tithes, but purely in good conscience towards God and Christ; and letting her know that, if she should be suffered to keep them there till they every one died, as she had done their fellow-sufferer Oliver Atherton, they could not yield to pay her. And therefore desired her to consider their case in a Christian spirit, and not bring their blood upon herself also." But she would not show any pity or compassion towards them, who had now suffered hard imprisonment about two years and a half under her. Instead thereof she sent to Garstang, and threatened to complain to the king and council,

and bring them into trouble, for suffering the paper concerning Oliver Atherton's death to be stuck upon their cross. The rage that she expressed made the people take the more notice of it, and some of them said, "the Quakers had given her a bone to pick." But she, that regarded not the life of an innocent sufferer for Christ, lived not long after herself; for that day three weeks that Oliver Atherton's body was carried through Ormskirk to be buried, she died; and her body was carried that day seven weeks through the same town to her burying-place. Thus the Lord pursued the hard-hearted persecutor.

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," said I, "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 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

ور

say, as

or any of you, or your ministers or priests here, will prove that ever Christ or his apostles, after they had forbid 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 assiże the oath was tendered to her also, and she was again committed to prison, to lie till the next assize.