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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 who had the law of God.' After much discourse they called for the gaoler, and committed me to prison. I had the paper about me which I wrote 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 did say, that 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, without any thing to maintain their families by but their labour, which now they were taken from, several of their wives went to the justices who committed their husbands, and told them, if they kept their husbands in gaol 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, and 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. Though several of those imprisoned on that account were known to be men who had served the king in his wars, had hazarded their lives in the field in his cause, had suffered great hardships, with the loss of much blood for him, and always stood faithful to him from first to last, yet never received any pay for their service; and to be thus requited for all their faithful services and sufferings by those 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 still in prison.

There were four Friends prisoners for tithes, sent to prison at the suit of the countess of Derby, who had lain near two years and an half. One of these was Oliver Atherton, who being of a weakly constitution was, through long and hard imprisonment in a cold, raw, unwholesome place, brought so low and weak in his body, that there appeared no hopes 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 was 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 innocent blood upon her.' But 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 underwent, 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; letting her know, 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.' Yet she would not show any pity or compassion to them, who had now suffered hard imprisonment about two years and a half under her. Instead thereof she sent to the town of 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 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 of the month called March, the latter end of 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 words, the gaoler 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 nor engagement.' 'Well,' said he, will you swear or no?' I answered, 'I am a christian, and Christ commands me "not to swear;" and so does the apostle James likewise; and whether I should obey God or man, do thou judge.' 'I ask you again,' said he, 'whether you will swear or no? I answered again, I am neither Turk, Jew, nor Heathen, but a christian, and I 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 had first sworn for the king and then against him. But as for me, I had never taken an oath in my life. 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, the King of kings, the Saviour and judge of the whole world, saith, I must not swear. Now, whether must I obey Christ or thee? For it is tenderness of conscience, and in obedience to the command 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 did own 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 they lived peaceably?" If thou own the king, said I, why dost thou call me in question, and put me upon taking an oath, which is a matter of religion; seeing thou nor none 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 nicknames to prisoners, it did not become

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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;' 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 nicknames.' 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, and for him do I stand this day, and if my voice were five times louder I should lift it up, and sound it out for Christ's sake, for whose cause I stand this day before your judgment seat, in obedience to him 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, "not to swear at all." Now if thou or any of you, or any of your ministers or priests here, will prove that ever Christ or his apostle, 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, gaoler.' 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 gaoler took me away; but I felt the mighty power of the Lord was over them all.

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On the sixteenth of the same month I was brought before judge Twisden again, who was somewhat offended at my hat; but it being the last morning of the assize, before he was to go out of 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, 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

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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 hath been against the command of Christ.' So I was taken to the gaol again, and kept prisoner till the next assizes.

Some time before this assize, Margaret Fell was sent prisoner to Lancaster gaol 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.

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 being at this time in Lancaster gaol, committed by him, and some having died in prison, we that were then prisoners had it upon us to write to him as followeth.

O JUSTICE FLEMING -Mercy, compassion, love, and kindness adorn and grace men and magistrates. Oh! dost thou not hear the cry of the widows, and the cry of the fatherless, who were made so through persccution! 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 countryman, who were of a peaceable carriage, and honest in their lives and conversations among men, were used and served! One more is dead, whom thou sentest to prison, having left five children both fatherless and motherless. How canst thou do otherwise than take care of those fatherless infants, and also of the other's wife and family? Is it not thy place? Consider Job (ch. xxix.) how 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, "Oh! where are the months that are past !" Again justice Fleming, consider, when John Stubbs was brought 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 cried out, "Put the oath to that man." And when he confessed 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 of his family, that his children do not starve; and see that they do not want bread. Can this be allegiance

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