Among the exercises and troubles that Friends had from without, one was concerning Friends' marriages, which sometimes were called in question.[135] In this year there happened to be a cause tried at the assize at Nottingham concerning a Friend's marriage.
The case was thus: Some years before two Friends were joined together in marriage amongst Friends, and lived together as man and wife about two years. Then the man died, leaving his wife with child, and leaving an estate in lands of copyhold. When the woman was delivered, the jury presented the child heir to its father's lands, and accordingly the child was admitted; afterwards another Friend married the widow. After that a person near of kin to her former husband brought his action against the Friend who had last married her, endeavoring to dispossess them, and deprive the child of the inheritance, and to possess himself thereof as next heir to the woman's first husband. To effect this he endeavoured to prove the child illegitimate, alleging that the marriage was not according to law.
In opening the cause the plaintiff's counsel used unseemly words concerning Friends, saying that "they went together like brute beasts," with other ill expressions. After the counsel on both sides had pleaded, the Judge (viz., Judge Archer) took the matter in hand, and opened it to them, telling them, "There was a marriage in paradise when Adam took Eve and Eve took Adam, and it was the consent of the parties that made a marriage." And for the Quakers, he said, he did not know their opinions; but he did not believe they went together as brute beasts, as had been said of them, but as Christians; and therefore he did believe the marriage was lawful, and the child lawful heir.
The better to satisfy the jury he brought them a case to this purpose: "A man that was weak of body, and kept his bed, had a desire in that condition to marry, and did declare before witnesses that he did take such a woman to be his wife, and the woman declared that she took that man to be her husband. This marriage was afterwards called in question, and all the bishops did conclude it to be a lawful marriage."
Hereupon the jury gave in their verdict for the Friend's child against the man that would have deprived it of its inheritance.
Now, there being very many Friends in prison in the nation,[136] Richard Hubberthorn and I drew up a paper concerning them, and got it delivered to the King, that he might understand how we were dealt with by his officers. It was directed thus:
"For the King:
"Friend, Who art the chief ruler of these dominions, here is a list of some of the sufferings of the people of God, in scorn called Quakers, that have suffered under the changeable powers before thee, by whom there have been imprisoned, and under whom there have suffered for good conscience' sake, and for bearing testimony to the truth as it is in Jesus, three thousand one hundred and seventy-three persons; and there lie yet in prison, in the name of the Commonwealth, seventy-three persons, that we know of. And there died in prison in the time of the Commonwealth, and of Oliver and Richard the Protectors, through cruel and hard imprisonments, upon nasty straw and in dungeons, thirty-two persons. There have been also imprisoned in thy name, since thy arrival, by such as thought to ingratiate themselves thereby with thee, three thousand sixty and eight persons. Besides this our meetings are daily broken up by men with clubs and arms, though we meet peaceably, according to the practice of God's people in the primitive times, and our Friends are thrown into waters, and trodden upon, till the very blood gushes out of them; the number of which abuses can hardly be uttered.
"Now this we would have of thee, to set them at liberty that lie in prison in the names of the Commonwealth, and of the two Protectors, and them that lie in thy own name, for speaking the truth, and for good conscience' sake, who have not lifted up a hand against thee or any man; and that the meetings of our Friends, who meet peaceably together in the fear of God, to worship Him, may not be broken up by rude people with their clubs, swords, and staves. One of the greatest things that we have suffered for formerly was, because we could not swear to the Protectors and all the changeable governments; and now we are imprisoned because we cannot take the oath of allegiance. Now, if our yea be not yea, and nay, nay, to thee, and to all men upon the earth, let us suffer as much for breaking that, as others do for breaking an oath. We have suffered these many years, both in lives and estates, under these changeable governments, because we cannot swear, but obey Christ's doctrine, who commands we should not 'swear at all,' and this we seal with our lives and estates, with our yea and nay, according to the doctrine of Christ.
"Hearken to these things, and so consider them in the wisdom of thy God that by it such actions may be stopped; thou that hast the government, and mayst do it. We desire all that are in prison may be set at liberty, and that for the time to come they may not be imprisoned for conscience' and for the Truth's sake. If thou question the innocency of their sufferings, let them and their accusers be brought before thee, and we shall produce a more particular and full account of their sufferings, if required."