Page images
PDF
EPUB

and dost thou now come with a kiss ?" So I bid him and them repent. Then the judge began to tell me, “how favourable the court had been to me." I asked him, "how he could say so? Was ever any man worse dealt by than I had been in this case, who was stopped in my journey, when travelling upon my lawful occasions, and imprisoned without cause; and now had the oaths put to me only for a snare ?" And I desired him to " answer me in the presence of the Lord, in whose presence we all were, whether this oath was not tendered me in envy ?" He would not answer that, but said, "Would you had never come here to trouble us and the country." I told him, "I came not thither of myself, but was brought, being stopped in my journey. I did not trouble them, but they had brought trouble upon themselves." Then the judge told me, "what a sad sentence he had to tell me." I asked him, "Whether what he was going to speak was by way of passing sentence, or of information? For," I told him, "I had many things to say, and more errors to assign in the indictment, besides those I had already mentioned, to stop him from giving sentence against me upon that indictment." He said, "He was going to show me the danger of a premunire, which was the loss of my liberty, and of all my goods and chattels, and to endure imprisonment during life." But he said, "he did not deliver this as the sentence of the court upon me, but as an admonition to me." Then he bid the jailer take me away. I expected to be called again to hear the sentence; but when I was gone, the clerk of the peace (whose name was Twittey) asked him, as I was informed, "whether that which he had spoken to me should stand for sentence ?" And he, consulting with some of the justices, told him, "Yes, that was the sentence, and should stand." This was done behind my back, to save himself from shame in the face of the country. Many of the justices, and the generality of the people, were moderate and civil; and John Ashley, a lawyer, was very friendly, both the time before and now, speaking on my behalf, and pleading the errors of the indictment for me; but Justice Street, who was the judge of the court, would not regard, but overruled all. This Justice Street said to some Friends in the morning before my trial, "that if he had been upon the bench the first sessions, he would not have tendered me the oath; but if I had been convicted of being at a conventicle, he would have proceeded against me according to that law; and that he was sorry that ever I came before him ;" and yet he maliciously tendered the oath to me in the court again, when I was to have tried my traverse upon the indictment. But the Lord pleaded my cause, and met with both him and Justice Simpson, who first ensnared me with the oath at the first sessions; for Simpson's son was arraigned not long after, at the same bar, for murder. And Street, who, as he came down from London, after the judges had returned me back from the King's Bench to Worcester, said, "Now I was returned to them, I should lie in prison and rot," had his daughter, whom he so doted on that she was called his idol, brought dead from London in a hearse, to the same inn where he spoke those words, and brought to Worcester to be buried within a few days after. People took notice of the hand of God, how sudden it was upon him; but it rather hardened than tendered him, as his conduct afterwards showed.

[blocks in formation]

After I was returned to prison, several came to see me; and amongst others, the Earl of Salisbury's son, who was very loving, and troubled that they had dealt so wickedly by me. He stayed about two hours with me, and took a copy of the errors in the indictment in writing.

The sessions being now over, and I fixed in prison by a premunire, my wife came out of the North to be with me; and the assizes coming on, in the 6th month, the state of my case being drawn up in writing, she and Thomas Lower delivered it to Judge Wild. In it were set forth the occasion of my journey; the manner of my being taken and imprisoned; the proceedings of the several sessions against me; and the errors in the indictment by which I was premunired. When the judge had read it, he shook his head, and said, "We might try the validity or invalidity of the errors, if we would ;" and that was all they could get from him.

While I lay in prison, it came upon me to state our principle to the king; not with particular relation to my own sufferings, but for his better information concerning our principle, and us as a people.

"To the King.

"THE principle of the Quakers is the Spirit of Christ, who died for us, and is risen for our justification; by which we know that we are his. He dwelleth in us by his Spirit; and by the Spirit of Christ we are led out of unrighteousness and ungodliness. It brings us to deny all plottings and contrivings against the king, or any man. The Spirit of Christ brings us to deny all manner of ungodliness, as lying, theft, murder, adultery, fornication, and all uncleanness, debauchery, malice, hatred, deceit, cozening, and cheating whatsoever, and the Devil and his works. The Spirit of Christ brings us to seek the peace and good of all men, and to live peaceably; and leads us from such evil works and actions as the magistrates' sword takes hold upon. Our desire and labour are, that all, who profess themselves Christians, may walk in the Spirit of Christ; that they, through the Spirit, may mortify the deeds of the flesh, and by the sword of the Spirit cut down sin and evil in themselves. Then the judges and other magistrates would not have so much work in punishing sin in the kingdom; neither then need kings or princes fear any of their subjects; if they all walked in the Spirit of Christ; for the fruits of the Spirit are love, righteousness, goodness, temperance, &c. If all, that profess themselves Christians, walked in the Spirit of Christ, and by it did mortify sin and evil, it would be a great ease to the magistrates and rulers, and would free them from much trouble; for it would lead all "to do unto others, as they would have others to do unto them ;" and so the royal law of liberty would be fulfilled. For if all, that are called Christians, did walk in the Spirit of Christ, by it to have the evil spirits and its fruits mortified and cut down in them; then, not being led by the evil spirit, but by the good Spirit of Christ, the fruits of the good Spirit would appear in all. For as people are led by the good Spirit of Christ, it leads them out of sin and evil, which the magistrates' sword takes hold of, and so would be an ease to the magistrates. But as people err from this good Spirit of Christ, and follow the evil spirit, which leads them into sin and evil; that spirit brings the magis

trate into much trouble, to execute the law upon the sinners and transgressors of the good Spirit. That Spirit which leads people from all manner of sin and evil, is one with the magistrates' power, and with the righteous law; for the law being added because of transgression, that Spirit that leads out of transgression, must needs be one with that law that is against transgressors. So that Spirit which leads out of transgression, is the good Spirit of Christ, and is one with the magistrates in the higher power, and owns it and them; but that spirit which leads into transgression, is the bad spirit, is against the law, against the magistrates, and makes them much troublesome work. Now the manifestation of the good Spirit is given to every man to profit withal; and no man can profit in the things of God, but by the Spirit of God, which brings to deny all sin and evil. It is said of Israel, Neh. ix., "The Lord gave them his good Spirit to instruct them, yet they rebelled against it.' But if all people did mind this manifestation of the Spirit, which God hath given to instruct them, it would lead them to forsake all manner of sin and evil, enmity, hatred, malice, and all manner of unrighteousness and ungodliness, and to mortify it. And then in the Spirit of Christ they would have fellowship and unity, which is the bond of peace; then would love and peace, which are the fruits of the good Spirit, flow among all that are called Christians.

"We are a people, who, in tenderness of conscience to the command of Christ and his apostle, cannot swear; for we are commanded in Matt. v. and James v. to keep to Yea and Nay, and 'not to swear at all; neither by heaven, nor by the earth, nor by any other oath, lest we go into evil, and fall into condemnation.' The words of Christ are these, Ye have heard that it hath been said by (or to) them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths.' These were true and solemn oaths, which they who made, ought to have performed in old time; but these Christ and his apostle forbid in the gospel times, as well as false and vain oaths. If we could take any oath at all, we could take the oath of allegiance, as knowing that King Charles was by the power of God brought into England, and set up king of England, &c., over the heads of our old persecutors; and as for the Pope's supremacy, we do utterly deny it. But Christ and the apostle having commanded us not to swear, but to keep to Yea and Nay, we dare not break their commands; and therefore many have put the oaths to us, as a snare, that they might make a prey of us. Our denying to swear is not in wilfulness, stubbornness, or contempt, but only in obedience to the command of Christ and his apostle; and we are content, if we break our Yea and Nay, to suffer the same penalty that they should who break their oaths. We desire, therefore, that the king would take this into consideration, and also how long we have suffered in this case. This is from one who desires the eternal good and prosperity of the king, and of all his subjects in the Lord Jesus Christ." G. F.

About this time I had a fit of sickness, which brought me very low and weak in my body; and I continued so a pretty while, insomuch that some Friends began to doubt of my recovery. I seemed to myself to be

amongst the graves and dead corpses; yet the invisible power did secretly support me, and conveyed refreshing strength into me, even when I was so weak, that I was almost speechless. One night, as I was lying awake upon my bed in the glory of the Lord, which was over all, it was said unto me, "that the Lord had a great deal more work for me to do for him, before he took me to himself."

Endeavours were used to get me released, at least for a time, till I was grown stronger; but the way of effecting it proved difficult and tedious; for the king was not willing to release me by any other way than a pardon, being told he could not legally do it; and I was not willing to be released by a pardon, which he would readily have given me, because I did not look upon that way as agreeable with the innocency of my cause. Edward Pitway, a Friend, having occasion to speak with Justice Parker, upon some other business, desired him to give order to the jailer, that, in regard of my weakness, I might have liberty to go out of the jail into the city. Whereupon Justice Parker wrote the following letter to the jailer, and sent it to the Friend to deliver.

"MR. HARRIS,

"I have been much importuned by some friends to George Fox to write to you. I am informed by them, that he is in a very weak condition, and very much indisposed; what lawful favour you can do for the benefit of the air for his health, pray show him. I suppose, the next term they will make application to the king.

"I am, Sir, your loving friend,

Evesham, the 8th of October, 1674.

HENRY PARKER.”

After this, my wife went to London, and spoke to the king, laying before him my long and unjust imprisonment, with the manner of my being taken, and the justices' proceedings against me, in tendering me the oath as a snare, whereby they had premunired me; so that I being now his prisoner, it was in his power, and at his pleasure, to release me, which she desired. The king spoke kindly to her, and referred her to the lord-keeper; to whom she went, but could not obtain what she desired; for he said, “the king could not release me otherwise than by a pardon ;" and I was not free to receive a pardon, knowing I had not done evil. If I would have been freed by a pardon, I need not have lain so long, for the king was willing to give me pardon long before, and told Thomas Moore, "that I need not scruple being released by a pardon, for many a man, that was as innocent as a child, had had a pardon granted him ;" yet I could not consent to have one. For I had rather have lain in prison all my days, than have come out in any way dishonourable to truth; wherefore I chose to have the validity of my indictment tried before the judges. And thereupon, having first had the opinion of a counsellor upon it (Thomas Corbet of London, whom Richard Davis of Welchpool was well acquainted with, and recommended to me), an habeas corpus was sent down to Worcester to bring me up once more to the King's Bench bar, for the trial of the errors in my indictment. The under-sheriff set forward with me the 4th of the 12th Month, there being with us in the coach the clerk of the peace and

some others. The clerk had been my enemy all along, and now sought to ensnare me in discourse; but I saw, and shunned him. He asked me, "what I would do with the errors in the indictment?" I told him, "they should be tried, and every action should crown itself." He quarrelled with me for calling their ministers priests. I asked him, "if the law did not call them so?" Then he asked me, "what I thought of the church of England? were there no Christians among them?" I said, "they are called so, and there are many tender people amongst them." We came to LONDON on the 8th, and on the 11th I was brought before the four judges at the King's Bench, where Counsellor Corbet pleaded my cause. He started a new plea; for he told the judges, "that they could not imprison any man upon a premunire." Whereupon Chief Justice Hale said, "Mr. Corbet, you should have come sooner, at the beginning of the term, with this plea." He answered, "we could not get a copy of the return and the indictment.” The judge replied, "you should have told us, and we would have forced them to make a return sooner." Then said Judge Wild, "Mr. Corbet, you go upon general terms; and if it be as you say, we have committed many errors at the Old Bailey, and in other courts." Corbet was positive that by law they could not imprison upon a premunire. The judge said, "there is summons in the statute." "Yes," said Corbet, "but summons is not imprisonment; for summons is in order to a trial.' "Well," said the judge, "we must have time to look in our books and consult the statutes." So the hearing was put off till the next day.

The next day they chose rather to let this plea fall, and begin with the errors of the indictment; and when they came to be opened, they were so many and gross, that the judges were all of opinion that "the indictment was quashed and void, and that I ought to have my liberty." There were that day several great men, lords and others, who had the oaths of allegiance and supremacy tendered to them in open court, just before my trial came on; and some of my adversaries moved the judges, that the oaths might be tendered again to me, telling them, "I was a dangerous man to be at liberty." But Judge Hale said, "He had indeed heard some such reports, but he had also heard many more good reports of me;" and so he and the rest of the judges ordered me to be freed by proclamation. Thus after I had suffered imprisonment a year and almost two months for nothing, I was fairly set at liberty upon a trial of the errors in my indictment, without receiving any pardon, or coming under any obligation or engagement at all; and the Lord's everlasting power went over all, to his glory and praise. Counsellor Corbet, who pleaded for me, obtained great fame by it, for many of the lawyers came to him, and told him he had brought that to light which had not been known before, as to the not imprisoning upon a premunire; and after the trial a judge said to him, “You have attained a great deal of honour by pleading George Fox's cause so in court.'

[ocr errors]

During the time of my imprisonment in Worcester, notwithstanding my illness and want of health, and my being so often hurried to and fro to London and back again, I wrote several books for the press; one of which was called, A Warning to England. Another was, To the Jews, proving, by the Prophets, that the Messiah is come. Another, Concerning Inspiration,

« PreviousContinue »