This was all he could get from them; therefore after the court was risen, he went to speak with them at their chamber, desiring to know, what cause they had to detain his father, seeing they had discharged him; and wishing them to consider, whether this was not partiality.—Upon this Simpson said, ‘If you be not content, we will tender you the oath also, and send you to your father.’ To which Lower replied, ‘You may do that, if you think fit; but whether ye send me or no, I intend to go, and wait upon my father in prison; for that is now my business in this country.’ Then justice Parker said to him, ‘Do you think, Mr. Lower, that I had no cause to send your father and you to prison, when you had such a great meeting, insomuch that the parson of the parish complained to me, that he had lost the greatest part of his parishioners; so that when he comes amongst them, he hath scarce any auditors left.’ To this Lower returned, ‘I have heard that the priest of that parish comes so seldom to visit his flock, but once, it may be, or twice in a year, to gather up his tithes, that it was but charity in my father, to visit such a forlorn and forsaken flock: and therefore thou hadst no cause to send my father to prison for visiting them, or for teaching, instructing, and directing them to Christ their true teacher, who had so little comfort or benefit from their pretended pastor, who comes amongst them only to seek for his gain from his quarter.’ Upon this the justice fell a laughing; for Dr. Crowder, the priest spoken of, was then in the room, sitting among them; though Lower did not know him, and he had the wit to hold his tongue, and not to vindicate himself. But after Lower was gone away, the justices so jested on Crowder, that he grew ashamed; and was so nettled with it, that he threatened to sue T. Lower in the bishop’s court upon an action of defamation: which Lower having heard of, sent him word that he might begin if he would; and that he would answer him, and bring his whole parish in evidence against him. And he told him the same afterwards to his face; which so cooled the priest’s eagerness, that he thought it more safe for him to let him alone.
Soon after the sessions were over, an habeas corpus was sent down to Worcester, for the sheriff to bring up G. Fox to the king’s bench bar; whereupon his son-in-law, Lower, conducted him: for the under sheriff had made Lower his deputy, to convey G. Fox to London, who being arrived there, appeared before the court of king’s bench, where he found the judges moderate, and they patiently heard him, when he gave them an account how he had been stopped in his journey, and committed to jail; and how at his trial, the oath of allegiance and supremacy had been tendered to him; and also what he had offered to the justices as a declaration, that he was willing to sign, instead of the said oaths. To this it was told him, by the chief justice, that they would consider further of it. Being then delivered to the keeper of the king’s bench, he was suffered to go and lodge at the house of one of his friends; for though he continued a prisoner, yet they were sufficiently persuaded that he would not run away. But after this, justice Parker, as it was said, moved the court that G. Fox might be sent back to Worcester, that his cause might be tried there; for Parker saw clearly, that if G. Fox had been acquitted here, this would have tended to his shame, for having committed him unjustly.
A day then being appointed for another hearing, and G. Fox appearing again at the king’s bench, and hearing that it was under deliberation to send him back to Worcester, signified, that this was only to ensnare him, by putting the oath to him, that so they might premunire him, who never took oath in his life. And he further told them, if he broke his yea, or nay, he was content to suffer the same penalty as those that break their oaths. Now seeing Parker had spread a report at London, and it had been said in the parliament-house, that when he took G. Fox, there were many substantial men with him, out of several parts of the nation, and that they had a design or plot in hand, G. Fox did not omit to show the fallacy of that malicious story: and since he thus laid open Parker’s shame, it was not strange, that by his friends at court, he procured that the king’s judges complied with his desire that G. Fox should be remanded to Worcester jail; insomuch that whatever he said, he could not prevent it; only this favour was granted him, that he might go his own way, and at his leisure, provided he would be there without fail, by the assizes, which were to begin on the 2d day of the month called April.
G. Fox then after some stay, went down leisurely, and being come to Worcester, he was on the 2d day of the aforesaid month, brought from the jail, to an inn near the sessions hall; but not being called that day, the jailer came to him at night, and told him he might go home, meaning to the jail: whereupon he walked thither, being accompanied by one of his friends. Next day being brought up again, a boy of about eleven years old was set to be his keeper. Having in my relation of the proceedings before the king’s bench, passed by most part of the pleading, so I shall do here likewise, to avoid repetitions of what hath been several times related already, concerning such kind of trials; yet I cannot pass by in silence, that after he had given an account of his journey before he was taken, he added, that since his imprisonment, he had understood that his mother, who was an ancient and weak woman, and had desired to see him before she died, hearing that he was stopped and imprisoned in his journey, so that he was not likely to come and see her, it struck her so, that she died soon after; which had been very hard to him. Judge Turner, who formerly had been very severe to him, seemed now, as some thought, inclined to have him set at liberty, since he saw they had nothing justly against him; but Parker who had committed him, endeavoured to incense the judge against him; for if he had been released, then he himself must have borne the blame of having committed G. Fox unjustly; and therefore he told the judge that G. Fox was a ringleader, that many of the nation followed him; and one knew not what it might come to. Yet the judge gave but little ear to all this, being willing to be easy; but he could not resolve to do this, by setting G. Fox at liberty, lest he should displease others; and thus in conclusion, G. Fox and his cause were referred to the sessions again, and he continued prisoner, but with this proviso, that he should have the liberty of the town; which accordingly he had.
By this he got opportunity to speak with many persons, and sometimes with priests too, one of which asked him, whether he was grown up to perfection? To which he answered, what he was, he was by the grace of God. ‘This is,’ replied the priest, ‘a modest and civil answer.’ ‘But,’ continued he in the words of the apostle John, “If we say that we have no sin, we deceive ourselves, and the truth is not in us.” And asking what he said to that? G. Fox returned with the words of the same apostle, “if we say that we have not sinned, we make him a liar, and his word is not in us.” Moreover he said, ‘Christ came to destroy sin, and to take away sin. There is a time for people to see that they have sinned, and there is a time for them to confess their sin, and to forsake it, and to know the blood of Christ to cleanse from all sin.’ After some more reasoning, the priest said, ‘We must always be striving;’ to which G. Fox returned, that it was a sad and comfortless sort of striving, to strive with a belief that we should never overcome: and he told him also, that Paul, who once cried out because of the body of death, did also thank God, who gave him the victory; and that he said there is no condemnation to them that are in Christ Jesus: so that there was a time of crying out for want of victory, and a time of praising God for the victory. ‘But,’ said the priest, ‘Job was not perfect.’ To which G. Fox returned, that God hath signified in Scripture, that Job was perfect and upright, and that he eschewed evil: and that the devil himself was forced to confess, that God had set an hedge about him; which was not an outward hedge, but the invisible heavenly power. Yet said Job, replied the priest, ‘he charged his angels with folly, and the heavens are not clean in his sight.’ ‘That is a mistake,’ said G. Fox, ‘for it was not Job said so, but Eliphaz, who contended against Job.’ ‘Well, but,’ said the priest, ‘what say you to that Scripture, the justest man that is, sinneth seven times a day?’ ‘There is,’ answered G. Fox, ‘no such scripture.’ So the priest was silent, and this conference broken off, of which I have related thus much to show that G. Fox was not such a simple person, as some from mere envy have represented him: for he was never at a loss for an answer, but had it always in readiness.
Now the time of the sessions being come again, where the justice, who was chairman, was one Street, G. Fox was called there before the justices, and then the said justice exceedingly misrepresented the case, by telling the people, that G. Fox had a meeting at Tredington from all parts of the nation, to the terrifying of the king’s subjects; for which he had been committed, and that for the trial of his fidelity, the oaths had been tendered to him. And then turning to G. Fox, he asked him, since he had time to consider of it, whether he would now take the oaths? G. Fox having obtained liberty to speak for himself, gave a relation of his journey, and showed that he and his friends had in no wise kept a meeting that occasioned terror to any of the king’s subjects; and as to the oaths, he showed why he could not take them, and what he could declare instead thereof. But notwithstanding all this, the oaths were read to him again; and he persisting in his refusal to take them, the indictment was read also; and afterwards the chairman asked him ‘if he was guilty?’ G. Fox answered, ‘No, since the indictment was a bundle of lies,’ which he proved in several particulars, asking him, if he did not know in his conscience that they were lies? To which he said, it was their form. Whereupon G. Fox returned, it was not a true form. Then the chairman told the jury what they should do in this case: and before they gave in their verdict, G. Fox said to them, that it was for Christ’s sake, and in obedience to his and his apostle’s command that he could not swear: ‘and therefore,’ said he, ‘take heed what ye do; for before his judgment-seat ye shall all be brought.’ The chairman then said, ‘This is canting.’ ‘Why,’ said G. Fox, ‘if to confess Christ our Lord and Saviour, and to obey his command, be called canting by a judge of a court, it is to little purpose for me to say more among you. Yet ye shall see that I am a Christian, and shall show forth Christianity; and my innocency shall be manifest.’ By this his speaking, the people generally were affected; but the jury however found the bill against him; which G. Fox nevertheless traversed. Thus the matter could not be finished now, and therefore he was asked to put in bail, till the next sessions; this he refused, and warned his friends that seemed willing to be bound for him, not to meddle with that, since there was a snare in it. Yet he told the justices, that he would promise to appear, if the Lord gave him health and strength, and he were at liberty. Some of the justices showed themselves loving, and endeavoured to stop the rest from indicting him, or putting the oath to him. But the chairman said he must go according to law. Yet liberty was given G. Fox to go at large, till next quarter-sessions.
He then went up to London; where the time of the yearly meeting approached; but at the instance of some of his friends, he appeared again before the judges of the king’s bench, and delivered to them the following declaration, setting forth what he was ready to promise instead of the oaths of allegiance and supremacy.
‘This I do in the truth, and in the presence of God declare, that king Charles the Second is lawful king of this realm, and of all others his dominions; and that he was brought in, and set up king over this realm by the power of God: and I have nothing, but love and good-will to him and all his subjects, and desire his prosperity and eternal good. And I do utterly abhor and deny the pope’s power and supremacy, and all his superstitious and idolatrous inventions; and do affirm, that he hath no power to absolve sin: and I do abhor and detest his murderings of princes, or other people, by plots and contrivances. And likewise I do deny all plots and contrivances, and plotters and contrivers against the king and his subjects; knowing them to be works of darkness, and the fruits of an evil spirit, and against the peace of the kingdom, and not from the spirit of God, the fruit of which is love. I dare not take an oath, because it is forbidden by Christ and the apostle; but if I break my yea or nay, then let me suffer the same penalty, as they that break their oaths.
GEORGE FOX.’
This declaration, being the substance of what oaths of allegiance and supremacy contain, G. Fox presented to the judges of the king’s bench; but the proceedings having gone on at Worcester, they were unwilling to meddle with the business, but referred it to the next quarter-sessions at Worcester.