1664.
In the foregoing year we left G. Fox in Lancaster prison, where at the sessions, the oath of allegiance being tendered to, and refused by him, he was brought to his trial in the month called March, which begins the year 1664. Being brought to the bar before judge Twisden, he said, ‘Peace be amongst you all.’ At which the judge looking upon him, said, ‘What! do you come into the court with your hat on?’ Whereupon the jailer taking it off, G. Fox said, ‘The hat is not the honour that comes from God.’ Then said the judge, ‘Will you take the oath of allegiance?’ G. Fox answered, ‘I never took any oath in my life.’ ‘Well,’ said the judge, ‘will you swear or no?’ G. Fox replied, ‘I am a Christian, and Christ commands me not to swear; and so doth the apostle James likewise; and whether I should obey God or man, do thou judge.’ ‘I ask you again,’ said the judge, ‘whether you will swear or no?’ To which he made answer, ‘I am neither Turk, Jew, nor Heathen, but a Christian, and should show forth Christianity. Dost thou not know, (thus he went on,) 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? Ye have experience enough, how many men have sworn first to the king, and then against him. But as for me, I have never taken an oath in all my life; and my allegiance doth 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, who is the King of kings, the Saviour of the world, and the great Judge of the whole world, he saith, I must not swear. Now the point is, whether I must obey Christ, or thee. For it is in 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.’ G. Fox having spoken thus much, asked the judge, if he did own the king? To which he said, ‘Yes, I do own the king.’ ‘Why then,’ said he, ‘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? Now if thou ownest the king, why dost thou call me into question, and put me upon taking an oath, seeing thou, nor none, can charge me with unpeaceable living?’ The judge looking angry, said, ‘Sirrah, will you swear?’ To which G. Fox told him, ‘I am none of thy sirrahs; I am a Christian; and for thee, who art an old man and a judge, to sit there and give nicknames to the prisoners, doth not become either thy grey hairs or thy office.’ The judge being a little more cool, after some words to and fro, said, ‘G. Fox, say whether thou wilt take the oath, yea, or nay?’ To which he replied, ‘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 said, “Swear not 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.’ None of the priests offering to speak, the judge said, ‘I am a servant to the king, and the king sent me not to dispute with you, but to put the laws in execution; and therefore I tender the oath of allegiance.’ G. Fox continuing to refuse swearing, was sent again to prison. Two days after, being brought again before the judge, it was asked him, whether he would traverse or submit? To which G. Fox said, he desired he might have liberty to traverse the indictment, and try it. Then order was given to take him away, and he was kept in prison till the next assizes.
Being prisoner in Lancaster castle, there was much talk of the Turk’s great progress in Hungary, there being at that time a war between the Emperor and the Turks; and many being afraid, he said to some, that walking once in his chamber, he saw the Lord’s power turn against the Turk, and that he was turning back again. And within a month after news came that he was defeated. Another time, as he was walking in the room, with his mind upon the Lord, he saw an extraordinary great light, and looking up, he beheld an angel of the Lord, with a glittering sword stretched southward, which shone so bright, as if the court had been all on fire. Of which I have for proof what he mentions of it in his journal, and also another small book he gave out with the title of a Warning to England. Not long after a war broke out between England and Holland, and some time after the pestilence appeared at London, (which lies southwardly from Lancaster,) and after two years that city by the fire was turned into rubbish.
But I return to the Lancaster assizes. Margaret Fell, who was now a widow, was also under confinement for refusing the oath of allegiance. And G. Fox being in prison, wrote several papers to the magistrates, in which he manifested the evil of persecution, and exhorted to virtue and piety.
In the month called August, the assizes were held again at Lancaster. G. Fox being brought thither, (judge Turner then sitting on the crown-bench,) and being called to the bar, the judge asked the justices, whether they had tendered him the oath at the foregoing sessions? They saying they had, and having sworn it, the jury were sworn too. Then the judge asked him, whether he had not refused the oath at the last assizes? To which he answered, ‘I never took an oath in my life; and Christ the Saviour and Judge of the world said, “Swear not at all.” The judge seeming not to take notice of this answer, asked him whether or no he had not refused to take the oath at the last assizes? G. Fox maintaining the unlawfulness of swearing, the judge said, he was not at that time to dispute whether it was lawful to swear, but to inquire whether he had refused to take the oath, or no. G. Fox then signifying that he did not disapprove the things mentioned in the oath, said, ’Plotting against the king, and owning the Pope’s, or any other foreign power, I utterly deny.’ ‘Well,’ said the judge, ‘you say well in that: but did you deny to take the oath; what say you.’ ‘What wouldest thou have me to say?’ replied he, ‘I have told thee before what I did say.’ After some more words from both sides, the indictment was read. G. Fox having informed himself of the errors that were in it, said, he had something to speak to it, for there were many gross errors in it. The judge signified that he would not hear him, but when he was at the point of giving judgment, the jury going out, soon returned, and brought him in guilty. Whereupon he told them, that both the justices and they too had forsworn themselves; which caused such confusion in the court, that the pronouncing judgment was delayed. Margaret Fell being next brought to the bar, was also declared guilty.
The next day she and G. Fox were brought up again to receive sentence. Her counsel pleading many errors in her indictment, she was set by; and G. Fox then being called, showed himself unwilling to let any man plead for him; which seemed to make some stop; yet he was asked by the judge, what he had to say, why he should not pass sentence upon him. At which he told him, ‘I am no lawyer, but yet I have much to say, if thou wilt but have patience to hear?’ Thereupon those on the bench laughed, and said, ‘Come what have you to say?’ Then he asked the judge whether the oath was to be tendered to the king’s subjects, or to the subjects of foreign princes. To which the judge said, ‘To the subjects of this realm.’ ‘Then,’ said George, ‘look on the indictment, and ye may see that ye have left out the word subject: and not having named me in the indictment as a subject, ye cannot premunire me for not taking the oath.’ They then looking to the statute, and the indictment, saw that it was as he said, and the judge confessed that it was an error. Next G. F. told him, he had something else to stop judgment; and he desired them to look what day the indictment said the oath was tendered to him at the sessions there? They looking, said it was the eleventh of January. Then he asked, ‘What day of the week was that sessions held on?’ ‘On a Tuesday,’ said they. To which G. F. said, ‘Look in your almanac, and see whether there was any session held at Lancaster on the eleventh of January.’ They looking, found that the eleventh day was the day called Monday, and that the sessions were on the day called Tuesday, which was the twelfth day of the said month: ‘Look ye now,’ said he, ‘ye have indicted me for refusing the oath in the quarter-sessions held at Lancaster on the eleventh day of January last, and the justices have sworn that they tendered me the oath in open sessions here that day, and the jury upon their oath have found me guilty thereupon; and yet ye see there was no sessions held at Lancaster that day.’ The judge, to cover the matter, asked, whether the sessions did not begin on the eleventh day? To which some in the court answered, ‘No; the sessions held but one day, and that was the twelfth.’ Then the judge said, this was a great mistake, and an error. Some of the justices grew so angry at this, that they seeming ready to have gone off the bench, stamped, and said, ‘Who hath done this? Somebody hath done this on purpose.’ Then said G. F. ‘Are not the justices here that have sworn to this indictment, forsworn men? But this is not all; I have more yet to offer why sentence should not be given against me, in what year of the king was it, that the last assizes, which was in the month called March, was holden here?’ To this the judge said it was in the sixteenth year of the king. ‘But,’ said G. Fox, ‘the indictment says it was in the fifteenth year.’ This was also acknowledged to be an error: but both judge and justices were in such a fret, that they knew not what to say; for it had been sworn also, that the oath was tendered to G. Fox at the assize mentioned in the indictment, viz. in the fifteenth year of the king, whereas it was in the sixteenth; which made G. Fox say, ‘Is not the court here forsworn also, they having sworn a whole year false?’ Some other remarkable errors he showed, which I, having no mind to be tedious, pass by with silence.
G. Fox then desiring justice, and saying, that he did not look for mercy, the judge said, you must have justice, and you shall have law: which made him ask, ‘Am I now free from all that hath been done against me in this matter?’ ‘Yes,’ said the judge; but then starting up in a rage he said, ‘I can put the oath to any man here; and I will tender you the oath again.’ G. Fox then telling him, that he had examples enough of yesterday’s swearing and false swearing; ‘For I saw before my eyes,’ said he, ‘that both justices and jury forswore themselves;’ yet the judge asked him if he would take the oath? But he replied, ‘Do me justice for my false imprisonment all this while;’ for he had been locked up, as was well known, in a wet and cold room, and therefore he said, ‘I ought to be set at liberty.’ At which the judge said, ‘you are at liberty, but I will put the oath to you again.’ G. Fox then turning himself about, said to the people, ‘Take notice, this is a snare; but I ought to be set free from the jailer, and from this court.’ But the judge instead of hearkening to that, cried, ‘Give him the book.’ G. Fox then taking the book, and looking in it, said, ‘I see it is a bible, and I am glad of it.’ In the meanwhile the jury being called by order of the judge, they stood by; for though they had desired, after they had brought in their former verdict, to be dismissed, yet he told them, he could not dismiss them yet, because he should have business for them; and therefore they must attend, and be ready. G. Fox, perceiving his intent, looking him in the face, which made him blush: nevertheless he caused the oath to be read, and then asked G. Fox whether he would take the oath or no; to which he said, ‘Ye have given me a book here to kiss, and to swear on; and this book says, kiss the Son; and the Son says in this book, “Swear not at all,” and so says also the apostle James: now I say, as the book says, and yet ye imprison me, for doing as the book bids me. How chance ye do not imprison the book for saying so? How comes it that the book is at liberty amongst you, which bids me swear not? Why do not ye imprison the book also?’ Whilst he was speaking thus, he held up the bible open, to show the place where Christ forbids swearing. But the book was taken from him, and the judge said, ‘No, but we will imprison George Fox.’
This case was so singular, that it was spread over all the country, as a by-word, that they gave G. Fox a book to swear on, that commanded him not to swear at all, and that this book, viz. the Bible, was at liberty, and he in prison, for doing as the Bible said. But the judge urged him still to swear; to which G. Fox said, ‘I am a man of a tender conscience; consider therefore, that it is in obedience to Christ’s command that I cannot swear: but if any of you can convince me, that after Christ and the apostle had commanded not to swear, they did alter that command, and commanded Christians to swear, then ye shall see I will swear.’ And he seeing there several priests, said, ‘If ye cannot do it, let your priests do it.’ But none of the priests said any thing; and the judge said, ‘All the world cannot convince you.’ To which he replied, ‘How is it like the world should convince me? For the whole world lies in wickedness: but bring out your spiritual men, as ye call them, to convince me.’ Then the sheriff and the judge said, that the angel swore in the Revelations. To which G. Fox replied, ‘When God bringeth in his first-begotten Son into the world, he saith, “Let all the angels of God worship him;” and he said, “Swear not at all.”’—‘Nay,’ said the judge, ‘I will not dispute.’ Then he told the jury, it was for Christ’s sake that he could not swear; and therefore he warned them not to act contrary to that of God in their consciences, because they must all appear before his judgment seat. After some more words spoken, the jailer took him away.
In the afternoon he was brought up again: and the jury having brought him in guilty of what he was charged within the indictment, viz. his not taking the oath, the judge asked him, what he had to say for himself. He then desired the indictment to be read; since he could not answer to that which he had not heard. The clerk reading it, the judge said, ‘Take heed it be not false again.’ But the clerk read it in such a manner, that G. Fox could hardly understand what he read. And when he had done, the judge asked G. Fox what he had to say to the indictment. To which he said, ‘At once hearing so large a writing read, and that at such a distance, that I could not distinctly hear all the parts of it; I cannot well tell what to say to it: but if you will let me have a copy of it, and give me time to consider, I shall answer it.’ This put the court to a little stand; but at length the judge asked him, what time he would have? And he answered, ‘Till the next assize.’ ‘But,’ said the judge, ‘What plea will you make now; are you guilty, or not guilty?’ To which he replied, ‘I am not guilty at all of denying swearing obstinately and wilfully: and as for those things mentioned in the oath, as jesuitical plots, and foreign powers, I utterly deny them in my heart: and if I could take any oath, I should take this; but I never took any oath in all my life.’ To this the judge returned, ‘You say well; but the king is sworn, the parliament is sworn, I am sworn, the justices are sworn, and the law is preserved by oaths.’ On which G. Fox told him, they had had sufficient experience of men’s swearing, and had seen how the justices and jury swore wrong the other day: and continued he, ‘If thou hast read in the book of Martyrs, how many of them did refuse to swear, both within the time of the ten persecutions, and in bishop Bonner’s day, thou mayest see that to deny swearing in obedience to Christ’s command, is no new thing.’ To this the judge said, he wished the laws were otherwise. G. Fox said then, ‘Our yea is yea, and our nay is nay: and if we transgress our yea and our nay, let us suffer as they do, or should do, that swear falsely. This I have offered to the king, and the king said it was reasonable.’
After some further discourse, G. Fox was committed to prison again, and Colonel Kirby ordered the jailer to keep him close, and to suffer nobody to come to him, as one that was not fit to be discoursed with. The jailer did not scruple to follow this order, for he locked him up in a smoky tower, where the smoke of the other prisoners came up so thick, that sometimes one could hardly see a burning candle; so that there seemed to have been an intent to choke him; for the turnkey could hardly be persuaded to unlock one of the upper doors a little to let out the smoke. Besides this hardship, in wet weather it rained in upon his bed to that degree, that his shirt grew wet. In this pitiful condition he lay during a long cold winter, which so afflicted him, that his body swelled, and his limbs were much benumbed. Here we will leave him till he was brought again to his trial, which was not before the next year.