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the judge asked me whether it should be filed, or, blished Church. He well knew that this what I would do with it? I answered, Ye are was the readiest way of retaining that judges, and able, I hope, to judge in this matter; sceptre which he had seen forcibly wrested therefore do ye what ye will with it; I leave it to from his father's grasp, and which might, at you.' Then stood up Esquire Marsh, who was of the king's bed-chamber, and told the judges, it a moment's notice, be required at his hand. was the king's pleasure that I should be set at He took no kind of interest in the religious liberty, seeing no accuser came up against me.' squabbles of the day; and no greater misThey then asked me, whether I would put it to take could have been made than that of those the king and council? I said, Yes, with a good factious Roundheads who, renegading to will. The writ of habeas-corpus and the mitti- Episcopalianism, persecuted their brother mus were thereupon sent to the king.”—p. 185. Dissenters, in the vain hope of ingratiating themselves with this ease-loving monarch. Charles was not deficient in personal courage; sufficient evidence on this point had been given years previously, at Worcester; but the desire of peaceably enjoying those luxuries and immoralities to which his inclinations led, and of which his position gave him the key, rendered him, in every respect, the very antipodes of his predecessor. Thus would he eschew as wearisome those "For Sir Thomas Mallet, Knight, very squabbles which his predecessor would "One of the Justices of the King's Bench."- take under his own peculiar care, to foment, inflame, discourage, or quash, as might be most expedient.

The king being satisfied of his innocence, commanded his secretary to send the following order to Judge Mallet for his release :"It is his Majesty's pleasure, that you give order for releasing and setting at full liberty the person of George Fox, late a prisoner in Lancaster Gaol, and commanded hither by an habeas-corpus. And this signification of his Majesty's pleasure shall be your sufficient warrant. Dated at Whitehall, the 24th of October, 1660.

p. 187.

"EDWARD NICHOLAS."

It seems impossible, in this case, to avoid a comparison between the gay, volatile, and licentious Charles, and the rigid, austere, and sanctimonious Cromwell, a comparison which certainly results to the prejudice of the latter; not that we would palliate the excesses of Charles, or blame the austerity of Cromwell; but merely observe that the simple aim at justice, the germ of that first Christian principle of doing as we would be done by, may exist amid all manner of indulgence and excess, though it must expire when religion is made the bone of contention for ascetics and bigots to snarl and quarrel over. The feeling of the monarch, in both cases, was shared by those in authority under him.

In 1663, Fox once more visited his excellent friend at Swarthmore. As soon as his arrival was known among his old Presbyterian enemies, a meeting was called, and it was resolved again to put him under arrest. It was, however, difficult to decide what charge was to be preferred against him— the old one, of holding "large meetings," would scarcely be sufficient, seeing that he had been liberated from his imprisonment on that charge, by the king himself, and that most unconditionally, and was allowed to go wherever he pleased, and to hold meetings, large or small, without let or hindrance. It however happened that about this time there was a great talk of a projected rising in the north, and Fox, ever on the alert in the Cromwell owed no less to his tact than to cause of peace and good-will, had issued an his sterling talent; brave, cool, far-sighted, address to the poorer country people, cauand fitted to command, he might have made tioning them against taking any part in the an efficient leader and ruler under any affair, and pointing out not only its unlawcircumstances; but he had the tact to fulness, but the certain ruin that it would mount that religious night-mare with which bring on themselves. This truly benevothe nation was then oppressed; to ride it lent and patriotic document was agreed on not only with invincible courage and con- as the ground of arrest-by what ingenious summate skill, but to ride it as a hobby of his perversion we have never learned-but for own, and to sit identified with the creature, this was he thrown into prison, and subjectas man and horse are combined in the cen-ed to a series of persecutions and cruelties, taur; for from the moment he was in the the history of which might equal the saddle no one could distinguish the horse choicest records of the Inquisition. During from the rider. Charles was a Roman this persecution, he underwent several mock Catholic in heart, although, yielding to that examinations and trials, the recital of which love of indolence for which his reign was so has been graphically given by himself, and pre-eminently distinguished, he professed sets forth, in so lucid a manner, the characacquiescence in the supremacy of the Esta-ter of the man, and the nature of the perse

cution, that we shall make no apology for extracting it at considerable length from the pages of his historian. At the first examination, one of the magistrates was a Roman Catholic, and he began by accusing George Fox of denying God, the church, and the faith. The following colloquy resulted.

"G. Fox. 6 Nay, I own God, and the true church, and the true faith. But what church dost thou own?'

George Fox was aware of his religion, and Middleton, feeling irritated by this retort, turned round angrily, and said, You are a rebel and a

traitor.'

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George Fox. To whom dost thou speak, or

who:n dost thou call rebel?'

"Middleton was now so enraged, that it was some time before he could find utterance, but at last he said, he spoke it to him.'

"Chairman. We look for the hat too. Wherein do you show your respect to magistrates, if you do not put off your hat?"

"G. Fox. In coming when they call me.' "An officer of the court was then ordered to take off his hat; and he was questioned again about the plot already alluded to; but finding they had no grounds on which to substantiate this charge against him, they tendered to him the oaths of allegiance and supremacy; and one of the justices asked him, Whether he held it was unlawful to swear? an unwarrantable question, because the act imposed either banishment or a heavy fine upon any one who declared it to be unlawful.

6

"G. Fox. 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, Swear not at all; and the apostle James forbids swearing, even to them that were Jews, and who had the law of God.'

"G. Fox, striking his hand upon the table. I have suffered more in the royal cause than twenty like thee, or any that are here; for I have been cast into Derby prison for six months together, and have suffered much because I would not take up arms against the late king, before Worcester fight. I have been sent up prisoner out of my "He then produced the paper which he had own county, by Colonel Hacker, to Oliver Crom-written, and distributed it as a testimony against well, as a plotter to bring in King Charles, in the year 1654; and I have nothing but love and good will to the king, and desire the eternal good and welfare of him and all his subjects.' "Justice Middleton. Did you ever hear the like?' "G. Fox. Nay, ye may hear it again if ye will. For ye talk of the king, a company of you; but where were ye in Oliver's days? and what did ye do for him? I have more love to the king, for his eternal good and welfare, than any of you

have.'

"Justice Middleton. Bring the book, and put the oaths of allegiance and supremacy to him.' "This was the usual snare to entrap the Quakers when other charges against them failed. George Fox shrewdly asked him, Whether he had taken the oath of supremacy, who was a Catholic and a swearer? as for us, we cannot swear at all, because Christ and his apostles have forbidden it. This pointed query for the present warded off the blow, the oaths were dispensed with, and he was dismissed upon his bare promise to appear at the next Lancaster sessions."-p. 220.

And he kept his word. He presented

himself at the winter assizes held at Lancaster. When called for, he entered, as usual, with his hat on, a matter in which he was very particular, never removing it on any occasion for the purpose of paying respect to men. The court invariably objected to a proceeding so entirely at variance with

custom.

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plots, and requested that it might be read out in open court, as it would show, of itself, whether it contained anything of a treasonable nature. This proposition was rejected, and he was not permitted to make any other defence, but was committed to prison for refusing to swear. And addressing the court, he said, All people take notice that I suffer for the doctrine of Christ, and for obedience to his command.'-p. 221.

The gaol at Lancaster was literally crammed with Quakers, principally poor laboring men and small farmers, who had refused to pay tithes. Many of them had been zealous royalists, and, before their adoption of the peaceable doctrines of Quakerism, had fought and bled for the late king, and had remained true to him to the last. Their persecutors were fierce Roundheads, who had opposed them in former days, and who were overjoyed in the opportunity of wreaking their vengeance on them now, under the apparent sanction of in prison. the law. Many of these poor people died in prison. But we must proceed with the trials of Fox.

"1664. The assizes for this year commenced on the 14th of March, and G. Fox, who had lain in prison ever since the last quarter-sessions, held upon the 12th of January, was now brought up before Judge Twisden: his own account is as follows: when I was set at the bar, I said, "Peace be amongst you all."

"Judge, looking at him. What do you come into court with your hat on? Upon which the gaoler then took it off.

"Judge. Well, will you swear or no?' "G. Fox. 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.'

"Judge. I ask you again, whether you will swear or no?

"G. Fox. I say as I said before," whether ought I to obey God or man, judge thou?" If I could take any oath at all, I could take this; for I do not deny some oaths only, or on some occasious, 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 any of 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.'

"Several priests were there, but none of them offered to speak.

"Judge. I am a servant of the king, and the king sent me not to dispute with you, but to put the law into execution, therefore tender him the oath of allegiance.'

"G. Fox. If thou love the king, 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 tender conscience, and in obedience to Christ's command,

"G. Fox. I am neither Turk, Jew, nor Heathen, but a Christian, and should show forth Christianity. Dost thou not know that Christians, in the primitive times, under the persecutions, and some also of the martyrs in Queen Mary's days, refused swearing, because Christ and his apostles had forbidden it? Ye have had experience enough, how many have first sworn for the king, and then against him. But as for me I have never taken an oath in my life. My alle-I cannot swear.' giance does not lie in swearing, but in truth and faithfulness; for I honor 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, whether must I obey Christ or thee? For it is tenderness of conscience, and in obedience to the command of Christ, that I do not swear and we have the word of the king for tender consciences.* Dost thou own the king?

Judge. I do own the king.'

:

"G. Fox. Why then dost thou not observe his declaration from Breda, and his promises made since he came to England, "That no man should be called in question for matters of religion so long as he lived peaceably?" If thou ownest the king, why dost thou call me in question, and put me upon taking an oath, which is a matter of religion, seeing thou or none else can charge me with unpeaceable living?

Judge, irritated, and looking at him. will you swear?'

Sirrah,

"G. Fox. I am none of thy sirrahs, I am a Christian; and for thee, an old man and a judge, to sit there and give nicknames to prisoners, it does not become either thy grey hairs or thy office.' "Judge. Well, I am a Christian too."

"G. Fox. Then do Christian works.'

"Judge. Sirrah! Thou thinkest to frighten me with thy words.' Then checking himself, and looking aside, he said, Hark! I am using the word sirrah again,' and so checked himself.

"G. Fox. "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.'

"Judge. And I speak in love to thee too.' "G. Fox. 'But love gives no nick-names' Judge. Well, George Fox, say, whether thou wilt take the oath, yea, or nay?

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Judge. Then you will not swear; take him away, gaoler.'

"G. Fox. 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.'

"He was now re-conducted to prison, and on the 16th of March, two days afterwards, was again called into court.

"The judge asked him, whether he would traverse, stand mute, or submit.' He desired he might have liberty to traverse the indictment, and try it.

Judge. Why, have I not done you justice?' "G. Fox. That which thou hast done hath been against the command of Christ.' Upon this he was again consigned to prison to await the next assizes."-p. 223.

Fox appears to have felt himself much aggrieved by the word "sirrah," used on this occasion: so much so indeed that shortly afterwards he wrote and published a paper on the subject, addressed to "all judges whatsoever," and showing that the use of such epithets was not in accordance with the usages of Heathens, Jews, or Christians. He cites a number of instances in support of this assertion.

"The next Lancaster assizes were held in the

month of June, in the same year, and the same judges, Twisden and Turner, came the circuit; but this time Judge Turner sat on the crown-bench, where George Fox was brought before him. He says Before I was called to the bar, I was put aniong murderers and felons for about the space of two hours, the people, the justices, and judge, also gazing upon me. After they had tried several others they called me to the bar, and empannelled a jury; then the judge asked the justices "Whether

they had tendered me the oath at the sessions?", me in guilty. Whereupon I told them, that both They said, "They had." Then he bid, Give the justices and they had forsworn themselves, them the book," that they might be sworn they and therefore they had small cause to laugh as had tendered me the oath at the sessions. They they did a little before. Oh, the envy, rage, and said, "They had." The judge bid them again malice, that appeared against me, and the lightness; "take the book and swear they had tendered the but the Lord confounded them, and they were oath according to the indictment." Some of the wonderfully stopped. So they set me aside, and justices refused to be sworn; but the judge said, he called up Margaret Fell.'-p. 227. would have it done to take away all occasion of exception. When the jury were sworn, and the justices had sworn," that they tendered me the oath according to the indictment," the judge asked

me, "Whether I had not refused the oath at the last assizes?""

"G. Fox. I never took an oath in my life, and Christ, the Saviour and Judge of the world, saith, "Swear not at all."'

"Judge (not heeding this answer). I ask whether or no you did not refuse the oath at the

last assizes?"

.

"G. Fox. The words that I then spoke to them were, "That if they would prove, either judge, justice, priest, or teacher, that after Christ and the apostles had forbidden swearing, they commanded that Christians should swear, I would swear."'

"Judge. I am not at this time to dispute whether it is lawful to swear, but to inquire whether you have refused to take the oath or no?"

"G. Fox. • Those things mentioned in the oath, as plotting against the king, and owning the Pope's, or any other foreign power, I utterly deny.'

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Judge. Well, you say well in that; but did you deny to take the oath? What say you?' "G. Fox. What wouldst thou have me to say? for I have told thee before what I did say.' Judge. Would you have these men to swear that you have taken an oath?'

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We learn that Fox on this occasion very properly complained of the badness of his prison; and in consequence several of the justices visited it; but the floor was in such a bad state, and the room itself so completely open to wind and rain, that they were almost afraid to enter. All of them declared that it was "a most shameful place," and a better was promised. It is needless to say the promise was never fulfilled.

"The following day he was again brought up in company with his old friend and present fellowsufferer, Margaret Fell, who employing counsel to plead to the errors of her indictment, the judge allowed them. George Fox was then called upon, but declined the assistance of any pleader. His narrative of the proceedings continues thus:

Judge. What have you to say why I should not pass sentence upon you?

"G. Fox. I am no lawyer; but I have much to say, if thou wilt have patience to hear. At that he laughed, and others also laughed; and he said, Come, what have you to say? and turning to the court, He can say nothing.'

"G. Fox. Yes; I have much to say, have but patience to hear me. Should the oath be tendered to the king's subjects, or to the subjects of another realm ?

.

"G. Fox. Wouldest thou have these men to swear that I had refused the oath ? At which "Judge. To the subjects of this realm.' the court burst out into laughter. I was grieved,' "G. Fox. Look into the indictment, ye may he says, 'to see so much lightness in the court, see ye have left out the word subject; so, not where such solemn matters were handled, and having named me in the indictment as a subject, therefore asked him, "If this court was a play-ye cannot premunire me for not taking the oath.' house?" Where is gravity and sobriety? for this behavior does not become you.'

"Then they looked over the statute and the indictment, and saw it was so; and the judge confessed it was an error.

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"The clerk then read the indictment, and I told the judge, I had something to speak to it, for I “G. Fox. I have something else to stop judghad informed myself of the errors that were in it.'ment-look what day the indictment says the He told me, he would hear afterwards any rea-oath was tendered to me, at the sessions there.' sons that I could allege why he should not give They looked, and said, It was the 11th day judgment.' Then I spoke to the jury, and told of January.' them, they could not bring me in guilty according to that indictment, for the indictment was wrong laid, and many gross errors in it.'

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Judge. You must not speak to the jury, but I will speak to them; you have denied to take the oath at the last assizes, and I can tender the oath to any man now, and premunire him for not taking it, and the jury must bring you in guilty, seeing you refused to take the oath."

"G. Fox. What do ye with a form? you may throw away your form then.' To the jury. It hes upon your conscience, as ye 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

On a Tuesday,' was the reply of some one in court.

G. Fox. Look to your almanacks and see whether there were held any sessions at Lancaster on the 11th day of January, so called?" So they looked, and found that the 11th day was Monday, and that the sessions were held on the Tuesday, the 12th day of the month. Look, now, ye have indicted me for refusing the oath in the quarter-sessions held at Lancaster on the 11th day of January last, and the justices have sworn that they tendered me the oath in open sessions here on that day, and the jury upon their oaths have found me guilty

thereupon; and yet ye see there was no session, the justices and jury; for I saw before mine eyes held in Lancaster that day.' that both justices and jury had forsworn themselves.'

"Judge (to cover the matter) asked, Whether the sessions did not begin on the 11th day? Some one in court answered, No; the sessions held but one day, and that was the 12th.'

Judge. This is a great mistake and error.' "Some of the justices were in a great rage at this, and stamped and said, Who hath done this? Somebody hath done this on purpose;' and a great heat was amongst them.

"G. Fox. Are not the justices here that have sworn to this indictment forsworn men in the face of the country? 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 the last assize holden, which happened in the month of March last?'

king.'

It was in the sixteenth year of the

"G. Fox. The indictment lays it in the fifteenth year.'

"They looked and found it so, which was also acknowledged to be another error. Then, he says, 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.

"G. Fox. Do me justice for my false imprisonment all this while; for what have I been imprisoned so long for? I ought to be set at liberty.' Judge. You are at liberty, but I will put the oath to you again.'

"G. Fox then turned about and said, All people, take notice, this is a snare, for I ought to be set free from the gaoler and from this court.' "Judge. Give him the book.'

"Then,' he continues, the power of darkness rose in them like a mountain, and the 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 both 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."

"The judge caused the jury to be called, and they stood by; for after they had brought in their former verdict, he would not discharge them, though they desired it; but told them "he could not dismiss them yet, he should have business for them, therefore they must attend, and be ready when they were called." When he said so I felt his intent, that if I was freed he would come "G. Fox. Now, is not the court here for- on again. So I looked him in the face, and the sworn also, who have sworn that the oath was witness of God started up in him, and made him tendered to me at the assize holden here in the blush when he looked at me again; for he saw fifteenth year of the king, when it was in his six-that I had discovered him. Nevertheless, hardenteenth year, and so they have sworn a yearing himself, he caused the oath to be read to me, false?' the jury standing by. When it was read, he asked me "whether I would take the oath or not?" "

"The judge then bid them look whether Margaret Fell's indictment was the same, but found it

"G. Fox. 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 the apostle James. I say as the book says, yet ye imprison 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 not swear; and yet ye imprison me for doing as the book bids me.'

I was speaking this to them, and held up the Bible open in my hand to show them the place where Christ forbade swearing. They plucked the book out of my hand, and the judge said, " Nay, but we will imprison George Fox."

"Yet this got about all over the country, as a bye-word, "That they gave me a book to swear on that commanded me not to swear at all, and the Bible was at liberty, and I in prison for doing what the Bible said.""

"The judge still urged him to swear, and G. Fox said, I never took oath, covenant, or engagement in my life; but my yea and nay was more binding in me than an oath was to many others; for had they not had experience how little men regarded an oath? and how they had sworn one way and then another? and how the justices and court had forsworn themselves now? I was a man of tender conscience, and if they had any sense of a tender conscience they would consider, that it was in obedience to Christ's command that I could not swear. But if any one of you