Of those that were thus taken I was one. And being, with many more, put into a room under a guard, we were kept there till another Justice, called Sir Thomas Clayton, whom Justice Benett had sent for to join with him in committing us, was come, and then being called forth severally before them, they picked out ten of us, and committed us to Aylesbury gaol, for what neither we nor they knew; for we were not convicted of having either done or said anything which the law could take hold of, for they took us up in the open street, the king’s highway, not doing any unlawful act, but peaceably carrying and accompanying the corpse of our deceased friend to bury it, which they would not suffer us to do, but caused the body to lie in the open street and in the cartway, so that all the travellers that passed by, whether horsemen, coaches, carts, or waggons, were fain to break out of the way to go by it, that they might not drive over it, until it was almost night. And then having caused a grave to be made in the unconsecrated part (as it is accounted) of that which is called the churchyard, they forcibly took the body from the widow whose right and property it was, and buried it there.
When the Justices had delivered us prisoners to the constable, it being then late in the day, which was the seventh day of the week, he, not willing to go so far as Aylesbury, nine long miles, with us that night, nor to put the town to the charge of keeping us there that night, and the first day and night following, dismissed us upon our parole to come to him again at a set hour on the second day morning; whereupon we all went home to our respective habitations, and coming to him punctually according to promise, were by him, without guard, conducted to the prison.
The gaoler, whose name was Nathaniel Birch, had not long before behaved himself very wickedly, with great rudeness and cruelty, to some of our friends of the lower side of the county, whom he, combining with the Clerk of the Peace, whose name was Henry Wells, had contrived to get into his gaol; and after they were legally discharged in court, detained them in prison, using great violence, and shutting them up close in the common gaol among the felons, because they would not give him his unrighteous demand of fees, which they were the more straitened in from his treacherous dealing with them. And they having through suffering maintained their freedom and obtained their liberty, we were the more concerned to keep what they had so hardly gained, and therefore resolved not to make any contract or terms for either chamber-rent or fees, but to demand a free prison, which we did.
When we came in, the gaoler was ridden out to wait on the judges, who came in that day to begin the assize, and his wife was somewhat at a loss how to deal with us; but being a cunning woman, she treated us with great appearance of courtesy, offering us the choice of all her rooms; and when we asked upon what terms, she still referred us to her husband, telling us she did not doubt but that he would be very reasonable and civil to us. Thus she endeavoured to have drawn us to take possession of some of her chambers at a venture, and trust to her husband’s kind usage. But we, who at the cost of our friends had a proof of his kindness, were too wary to be drawn in by the fair words of a woman, and therefore told her we would not settle anywhere till her husband came home, and then would have a free prison, wheresoever he put us.
Accordingly, walking all together into the court of the prison, in which was a well of very good water, and having beforehand sent to a friend in the town, a widow woman, whose name was Sarah Lambarn, to bring us some bread and cheese, we sat down upon the ground round about the well, and when we had eaten, we drank of the water out of the well.
Our great concern was for our friend Isaac Penington, because of the tenderness of his constitution; but he was so lively in his spirit, and so cheerfully given up to suffer, that he rather encouraged us than needed any encouragement from us.
In this posture the gaoler, when he came home, found us, and having before he came to us consulted his wife, and by her understood on what terms we stood, when he came to us he hid his teeth, and putting on a show of kindness, seemed much troubled that we should sit there abroad, especially his old friend Mr. Penington, and thereupon invited us to come in and take what rooms in his house we pleased. We asked upon what terms; letting him know withal that we determined to have a free prison.
He, like the sun and wind in a fable, that strove which of them should take from the traveller his cloak, having like the wind tried rough, boisterous, violent means to our friends before, but in vain, resolved now to imitate the sun, and shine as pleasantly as he could upon us; wherefore he told us we should make the terms ourselves, and be as free as we desired if we thought fit, when we were released, to give him anything, he would thank us for it, and if not, he would demand nothing.
Upon these terms we went in and disposed ourselves, some in the dwelling-house, others in the malt-house, where they chose to be.
During the assize we were brought before Judge Morton, a sour, angry man, who very rudely reviled us, but would not either hear us or the cause, but referred the matter to the two justices who had committed us.