George Fox: An Autobiography

So he began to take the names of Friends, and those that did not readily tell him their names he committed to the constables' hands, and sent some to prison. The constables were unwilling to take them without a warrant, whereupon he threatened to set them by the heels; but the constable told him that he could keep them in his presence, but after he was gone he could not keep them without a warrant.

The sessions coming on, I went to Lancaster, and appeared according to my engagement. There was upon the bench Justice Fleming, who had bid five pounds in Westmoreland to any man that would apprehend me, for he was a justice both in Westmoreland and Lancashire. There were also Justice Spencer, Colonel West and old Justice Rawlinson, the lawyer, who gave the charge, and was very sharp against Truth and Friends; but the Lord's power stopped them.

The session was large, the concourse of people great, and way being made for me, I came up to the bar, and stood with my hat on, they looking earnestly upon me and I upon them for a pretty space.

Proclamation being made for all to keep silence upon pain of imprisonment, and all being quiet, I said twice, "Peace be among you."

The chairman asked if I knew where I was. I said, "Yes, I do; but it may be," said I, "my hat offends you. That's a low thing; that's not the honour that I give to magistrates, for the true honour is from above; which," said I, "I have received, and I hope it is not the hat which ye look upon to be the honour."

The chairman said they looked for the hat, too, and asked wherein I showed my respect to magistrates if I did not put off my hat. I replied, "In coming when they called me." Then they bade one take off my hat.

After this it was some time before they spoke to me, and I felt the power of the Lord to arise. After some pause old Justice Rawlinson, the chairman, asked me if I knew of the plot. I told him I had heard of it in Yorkshire by a Friend, who had it from the high-sheriff. They asked me whether I had declared it to the magistrates. I said, "I sent papers abroad against plots and plotters, and also to you, as soon as I came into the country, to take all jealousies out of your minds concerning me and my friends; for it is our principle to declare against such things."

They asked me if I knew not of an Act against meeting. I said I knew there was an Act that took hold of such as met to the terrifying of the King's subjects, were enemies to the King, and held dangerous principles; but I hoped they did not look upon us to be such men, for our meetings were not to terrify the King's subjects, neither are we enemies to him or any man.

Then they tendered me the oaths of allegiance and supremacy. I told them I could not take any oath at all, because Christ and His Apostle had forbidden it; and they had sufficient experience of swearers, first one way, then another; but I had never taken any oath in my life.

Then Rawlinson asked me whether I held it was unlawful to swear. This question he put on purpose to ensnare me; for by an Act that was made those were liable to banishment or a great fine that should say it was unlawful to swear. 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 had the law of God."

After much discourse, they called for the jailer, and committed me to prison.

I had about me the paper which I had written 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 bade 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 that the justices said 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, that had nothing to maintain their families by but their labour, which now they were taken from, the wives of several went to the justices who had committed their husbands, and told them that if they kept their husbands in jail 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, 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.

Several who were imprisoned on that account were known to be men that had served the King in his wars, and had hazarded their lives in the field in his cause, and had suffered great hardships, with the loss of much blood, for him, and had always stood faithful to him from first to last, and had never received any pay for their service. To be thus requited for all their faithful services and sufferings, and that by them 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 of them still in prison.

I was kept till the assize, and Judge Turner and Judge Twisden coming that circuit, I was brought before Judge Twisden, the 14th of the month called March, the latter end of the year 1663.

When I was brought 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 jailer 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 or engagement." "Well," said he, "will you swear or no?" I answered, "I am a Christian, and Christ commands me not to swear; so does the apostle James; 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 should show forth Christianity."

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 that they had had experience enough, how many had first sworn for the King and then against him. "But as for me," I said, "I have never taken an oath in my life. 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, the King of kings, the Saviour and Judge of the whole world, saith I must not swear. Now, must I obey Christ or thee? For it is because of 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 he lived peaceably? If thou ownest 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 that neither thou nor any one 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 did not become either his grey 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;" and 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; for Him do I stand this day. If my voice were five times louder, I should lift it up and sound it for Christ's sake. I stand this day before your judgment-seat in obedience to Christ, 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, judge thou whether I ought to obey God or man. If I could take any oath at all I should take this. I do not deny some oaths only, or on some occasions, but all oaths, according to Christ's doctrine, who hath commanded His followers not to swear at all. Now if thou, or any of you, or your ministers or priests here, will prove that ever Christ or His apostles, 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, jailer."

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 jailer took me away; but I felt that the mighty power of the Lord was over them all.

The sixteenth day of the same month I was again brought before Judge Twisden. He was somewhat offended at my hat; but it being the last morning of the assize before he was to leave 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 that 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 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 I not done you justice?"

I replied, "That which thou hast done has been against the command of Christ."

So I was taken to the jail again, and kept prisoner till the next assizes.

Some time before this assize Margaret Fell was sent prisoner to Lancaster jail by Fleming, Kirby, and Preston, justices; and at the assize the oath was tendered to her also, and she was again committed to prison.

In the Sixth month,179 the assizes were again held at Lancaster, and the same judges, Twisden and Turner, again came that circuit. But Judge Turner then sat on the crown bench, and so I was brought before him. Before I was called to the bar I was put among the murderers and felons for about two hours, the people, the justices and also the Judge gazing upon me.

After they had tried several others, they called me to the bar, and empanelled a jury. Then the Judge asked the justices whether they had tendered me the oath at the sessions. They said that they had. Then he said, "Give them the book, that they may swear they tendered him the oath at the sessions." They said they had. Then he said, "Give them the book, that they may swear they tendered him the oath according to the indictment."

Some of the justices refused to be sworn; but the Judge said he would have it done, to take away all occasion of exception. When the jury were sworn, and the justices had sworn that they had tendered me the oath according to the indictment, the Judge asked me whether I had not refused the oath at the last assizes. I said, "I never took an oath in my life, and Christ, the Saviour and Judge of the world, said, 'Swear not at all.'"

The Judge seemed not to take notice of my answer, but asked me whether or not I had refused to take the oath at the last assizes.

I said, "The words that I then spoke to them were, that if they could prove, either judge, justices, priest, or teacher, that after Christ and the Apostle had forbidden swearing, they commanded that Christians should swear, I would swear."

The Judge said he was not at that time to dispute whether it was lawful to swear, but to inquire whether I had refused to take the oath.

I told him, "Those things mentioned in the oath, as plotting against the King, and owning the Pope's, or any other foreign power, I utterly deny."

"Well," said he, "you say well in that, but did you refuse to take the oath? What say you?"

"What wouldst thou have me to say?" said I; "I have told thee before what I did say."

Then he asked me if I would have these men to swear that I had taken the oath. I asked him if he would have those men to swear that I had refused the oath, at which the court burst into laughter.

I was grieved to see so much lightness in a court, where such solemn matters are handled, and thereupon asked them, "Is this court a play-house? Where is gravity and sobriety," said I; "this behaviour doth not become you."

Then the clerk read the indictment, and I told the Judge I had something to speak to it; for I had informed myself of the errors that were in it. He told me he would hear afterwards any reasons that I could allege why he should not give judgment.

Then I spoke to the jury, and told them that they could not bring me in guilty according to that indictment, for the indictment was wrong laid, and had many gross errors in it.

The Judge said that I must not speak to the jury, but he would speak to them; and he told them I had refused to take the oath at the last assizes; "and," said he, "I can tender the oath to any man now, and præmunire him for not taking it;" and he said they must bring me in guilty, seeing I refused to take the oath.

Then said I, "What do ye do with a form? Ye may throw away your form then." And I told the jury it lay upon their consciences, as they would answer it to the Lord God before His judgment-seat.

Then the judge spoke again to the jury, and I called to him to "do me justice."

The jury brought me in guilty. Thereupon I told them that both the justices and they had forsworn themselves, and therefore they had small cause to laugh, as they did a little before.

Oh, the envy, rage, and malice that appeared against me, and the lightness! But the Lord confounded them, and they were wonderfully stopped. So they set me aside, and called up Margaret Fell, who had much good service among them; and then the court broke up near the second hour.

In the afternoon we were brought in again to have sentence passed upon us. Margaret Fell desired that sentence might be deferred until the next morning. I desired nothing but law and justice at his hands, for the thieves had mercy; only I requested the Judge to send some to see my prison, which was so bad they would put no creature they had in it; and I told him that Colonel Kirby, who was then on the bench, had said I should be locked up, and no flesh alive should come to me. The Judge shook his head, and said that when the sentence was given he would leave me to the favor of the jailer.

Most of the gentry of the country were gathered together, expecting to hear the sentence; and the noise amongst the people was that I should be transported. But they were all crossed at that time; for the sentence was deferred until the next morning, and I was taken to prison again.

Upon my complaining of the badness of my prison, some of the justices, with Colonel Kirby, went up to see it. When they came they hardly durst go in, the floor was so bad and dangerous, and the place so open to wind and rain. Some that came up said, "Surely it is a Jakes-house." When Colonel Kirby saw it, and heard what others said of it, he excused the matter as well as he could, saying that I should be removed ere long to some more convenient place.

Next day, towards the eleventh hour, we were called again to hear the sentence; and Margaret Fell, being called first to the bar, she had counsel to plead, who found many errors in her indictment. Thereupon, after the Judge had acknowledged them, she was set by.

Then the Judge asked what they could say to mine. I was not willing to let any man plead for me, but desired to speak to it myself; and indeed, though Margaret had some that pleaded for her, yet she spoke as much herself as she would. But before I came to the bar I was moved in my spirit to pray that God would confound their wickedness and envy, set His truth over all, and exalt His seed. The Lord heard, and answered, and did confound them in their proceedings against me. And, though they had most envy against me, yet the most gross errors were found in my indictment.

I having put by others from pleading for me, the Judge asked me what I had to say why he should not pass sentence upon me. I told him I was no lawyer; but I had much to say, if he would but have patience to hear. At that he laughed, and others laughed also, and said, "Come, what have you to say? He can say nothing." "Yes," said I, "I have much to say; have but the patience to hear me."

I asked him whether the oath was to be tendered to the King's subjects, or to the subjects of foreign princes. He said, "To the subjects of this realm." "Then," said I, "look into the indictment; ye may see that ye have left out the word 'subject'; so not having named me in the indictment as a subject, ye cannot præmunire me for not taking an oath."

Then they looked over the statute and the indictment, and saw it was as I said; and the Judge confessed it was an error.

I told him I had something else to stop his judgment, and desired him to look what day the indictment said the oath was tendered to me at the sessions there. They looked, and said it was the eleventh day of January. "What day of the week was the sessions held on?" said I. "On a Tuesday," said they. "Then," said I, "look in your almanacs, and see whether there was any sessions held at Lancaster on the eleventh day of January, so called."

So they looked, and found that the eleventh day was the day called Monday, and that the sessions was on the day called Tuesday, which was the twelfth day of that month.

"Look now," said I, "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 oaths have found me guilty thereupon; and yet ye see there was no session held in Lancaster that day."

Then the Judge, to cover the matter, asked whether the sessions did not begin on the eleventh day. But some in the court answered, "No; the session 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 were in a great rage at this, stamped, and said, "Who hath done this? Somebody hath done this on purpose;" and a great heat was amongst them.

Then said I, "Are not the justices here, that have sworn to this indictment, forsworn men in the face of the country? But this is not all," said I. "I have more yet to offer why sentence should not be given against me." I asked, "In what year of the King was the last assize here holden, which was in the month called March last?" The Judge said it was in the sixteenth year of the King. "But," said I, "the indictment says it was in the fifteenth year." They looked, and found it so. This also was acknowledged to be another error.

Then they were all in a fret again, and could not tell what to say; for the Judge had sworn the officers of the court that the oath was tendered to me at the assize mentioned in the indictment. "Now," said I, "is not the court here forsworn also, who have sworn that the oath was tendered to me at the assize holden here in the fifteenth year of the King, when it was in his sixteenth year, and so they have sworn a year false?"

The Judge bade them look whether Margaret Fell's indictment was so or no. They looked, and found it was not so.

I told the Judge I had more yet to offer to stop sentence; and asked him whether all the oath ought to be put into the indictment or no. "Yes," said he, "it ought to be all put in."

"Then," said I, "compare the indictment with the oath, and there thou mayest see these words: viz., 'or by any authority derived, or pretended to be derived from him or his see,' which is a principal part of the oath, left out of the indictment; and in another place the words, 'heirs and successors,' are left out."

The Judge acknowledged these also to be great errors.

"But," said I, "I have something further to allege."

"Nay," said the Judge, "I have enough; you need say no more."

"If," said I, "thou hast enough, I desire nothing but law and justice at thy hands; for I don't look for mercy."

"You must have justice," said he, "and you shall have law."

Then I asked, "Am I at liberty, and free from all that ever hath been done against me in this matter?"

"Yes," said the Judge, "you are free from all that hath been done against you. 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."

I told him he had had examples enough yesterday of swearing and false swearing, both in the justices and in the jury; for I saw before mine eyes that both justices and jury had forsworn themselves.

The Judge asked me if I would take the oath. I bade him do me justice for my false imprisonment all this while; for what had I been imprisoned so long for? and I told him I ought to be set at liberty.

"You are at liberty," said he, "but I will put the oath to you again."

Then I turned me about and said, "All people, take notice; this is a snare; for I ought to be set free from the jailer and from this court."

But the Judge cried, "Give him the book;" and the sheriff and the justices cried, "Give him the book."

Then the power of darkness rose up in them like a mountain, and a clerk lifted up a book to me. I stood still and said, "If it be a Bible, give it me into my hand."

"Yes, yes," said the Judge and justices, "give it him into his hand." So I took it and looked into it, and said, "I see it is a Bible; I am glad of it."

Now he had caused the jury to be called, and they stood by; for, after they had brought in their former verdict, he would not dismiss them, though they desired it; but told them he could not dismiss them yet, for he should have business for them, and therefore they must attend and be ready when they were called.

When he said so I felt his intent, that if I were freed, he would come on again. So I looked him in the face, and the witness of God started up in him, and made him blush when he looked at me again, for he saw that I saw him.

Nevertheless, hardening himself, he caused the oath to be read to me, the jury standing by; and when it was read, he asked me whether I would take the oath or not.

Then said I, "Ye have given me a book here to kiss and to swear on, and this book which ye have given me to kiss 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; why do ye not imprison the book for saying so? How comes it that the book (which bids me not swear) is at liberty amongst you, and yet ye imprison me for doing as the book bids me?"