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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38972	The examination and tryall of Margaret Fell and George Fox (at the severall assizes held at Lancaster the 14th and 16th days of the first moneth, 1663, and the 29th of the 6th moneth, 1664) for their obedience to Christs command who saith, swear not at all also something in answer to Bishop Lancelot Andrews sermon concerning swearing.	Fox, Margaret Askew Fell, 1614-1702.; Fox, George, 1624-1691.	1664 (1664)	Wing E3710; ESTC R20823	23,490	38

imprisonment all this while for what had I been prisoner all this while for for I ought to be at liberty then he said I was at liberty but I will put the Oath to you again Then I turned me about and cryed all people take notice this is a snare and all was mighty quiet and all people was struck and astonisht and he caused the Grand-Jury to be called for he had called them before when I was there when he saw they would be overthrown and the Jury would fain have been dismist but he told them he could not dismiss them for he had business for them and they might be ready when he called them and I felt his intent that if I was freed he would come on again so I lookt him in the face and he was judged in himself for he saw that I saw him so he caused the Oath to be read to me again and caused the Jury to be called and then when the Oath was read he askt me whether I would take the Oath or no and the Jury standing by I told him I never took Oath in my life and he bid them give me the book and I bid them give it me in my hand and I opened it and he bid me swear and I told him the book bid swear not at all again he bid me swear and I told him the book said I should not swear and held it open to them and said by the book I would prove that men should not swear And if they would prove after Christ and the Apostle had forbidden swearing that afterwards they commanded to swear then I would swear for I was a man of a tender Conscience and if they had any sense of a tender Conscience they would consider this and the Judge askt me whether I would take the Oath and bid them give me the book again I told them ye give me the book to swear and the book saith I should not swear at all and so you may prison the book the Judge said he would imprison George Fox I answered nay you may prison the book which saith swear not at all and the Sheriff and the Judge said the Angel swore in the Revelations I answered I bring forth my first begotten Son into the world saith God let all the Angels in heaven worship him who saith swear not at all and the Judge said often he would not dispute and so then I spoke much to the Jury how that it was for Christs sake that which I did and therefore none of them to act contrary to that of God in their Consciences for before his Judgment-seat they must all be brought and for all those things contained in the Oath as plots and persecuting about Religion and the Popes power c. I denyed them in my heart and I am a Christian and shall shew forth Christianity this day and it is for Christs sake that I stand for it is Lotish shabim be Coldabor and they all gazed and there was a great calm and they took me away but there was many more words both to the Jury and to them Then in the afternoon we was called again where I stood among the thieves a pretty while with my Hat on at the last the Goaler took it off and when I was called to the Bar the Jury brought in guilty for the King and the Judge askt me what I could say for my self I bid them read the indictment I would not answer to that I did not hear and as they read the Judge bid them take heed it was not false again and they read it so amazedly that when they spoke to me I did scarcely understand what they said and the Judge askt me what I would plead I told them I desired to have a Copy of that indictment and to have some time to answer to it for the last I had but lately and never heard it read but once and then in the Court and so the Judge askt me what time I would have and I said till the next Assizes and the Judge said I should then he askt again what I would plead I told him I was not guilty at all of denying Swearing Swearing obstinately and wilfully and those things contained in the Oath as Jesuitical plots and forreign powers c. I utterly denyed them and he said I said well in that and the Judge said the King was sworn the Parliament was sworn and the Justices and he was sworn and the law was upheld by Oaths I told them they had sufficient experience of mens swearing had not the Justices and Jury forsworn themselves and had they not read the book of Martyrs how many of the Martyrs suffered because they could not swear both in the ten persecutions and in Bonners days and the Judge said I would the Laws were otherwise then I said our yea is yea and our nay nay all along and if we transgress our yea and nay let us suffer as they do that do break an Oath and so to deny swearing is not a new thing in obedience to Christs command and I said this we had sent to the King who said it was reasonable and so after several more words I was had away to my Chamber being as I was before to answer to the indictment and so the truth and power of the Lord God was glorious over all and many spirits was crost grievously in their envy and malice There was many things spoken both to Judge Jury and People which were too large to mention And so the Judge told Margaret Fell her Sentence and I lie upon a new indictment G. F. Something in Answer to Bishop Lancelot Andrews Sermon concerning Swearing being one of his Sermons upon the Third Commandment the place that he trea●s upon is in Jer. the 4th the words are these And thou shalt swear the Lord liveth in Truth in Judgment and Righteousness ANd further to prove the lawfulness of swearing he brings Deut. 6.13 Isa. 45.23 Psal. 63. and last ver and how Abraham sware Gen. 21.24 and Isack sware Gen. 26.31 and Jacob sware 31.33 and Abrahams servant sware Gen. 21.24 and Gen. 24.3 Numb 30.3 Which saith he an Oath is to the lifting up of a burthen as to the entring of a Bond. First He saith an Oath is to be used in solemn matters and he brings these Scriptures following out of the Old Testament to prove it Psal. 144.8 Numb 30.3 Psal. 119.106 Psal. 15.15 Chron. 2.36,9 Ezek. 17.12 Psal. 110.4 Psal. 89.35 Kings 1.22,16 Lev. 5.1.1 Chron. 15.15 Gen. 24.3 47.29 Secondly For the nature of an Oath he quotes 119. Psal. 9 ver Numb 10. and last ver Thirdly He speaks of the manner of an Oath and produceth for Confirmation these Scriptures following Deut. 12.8 Numk 5.18 Dan. 12.7 Rev. 10.5 Kings 1.8,31 Exod. 22.8 Neh. 5.12 Numb 5.19 Prov. 29.24 Judg. 17.2 Lev. 5.1 Sam. 1.3,27 Kings 1.22,16 Gen. 25.33 Kings 1.1.43 Jer. 18.8 First As for all the above mentioned Scriptures which

THE EXAMINATION AND TRYALL OF Margaret Fell and George Fox at the severall Assizes held at LANCASTER the 14th and 16th days of the First Moneth 1663. And the 29th of the 6th Moneth 1664. For their Obedience to Christs Command who saith Swear not at all ALSO Something in Answear to Bishop Lancelot Andrews Sermon Concerning SWEARING Thus have you made the Commandment of God of none Effect by your Tradition Mat. 15. 6. Printed in the Year 1664. owe Allegiance and obedience to the King of Kings Christ Jesus who hath commanded me not to swear at all Judge That is no answer will you take the oa●h or will you not take it M. F. I say I owe Allegiance and obedience unto Christ Jesus who commands me not to swear Judge I say unto you that 's no answer will you take it or will you not take it M. F. If you should ask me never so often I must answer to you the reason why I cannot take it is because Christ Jesus hath commanded me not to swear at all I owe my Allegiance and obedience unto him Then one of the Justices that committed her said Mrs. Fell you may with a good Conscience if you cannot take the Oath put in security that you may have no more meetings at your house M. F. Wilt thou make that good that I may with a safe Conscience make an engagement to forbear meetings for fear of losing my Liberty and Estate wilt not thou and you all here judge of me that it was for saving my Estate and Liberty that I did it and do I not in this deny my testimony and would not this defile my Conscience Judge This is no answer will you take the Oath we must not spend time M. F. I never took an Oath in my life I have spent my days thus far and I never took an Oath I own Allegiance to the King as he is King of England but Christ Jesus is King of my Conscience Then the Clerk held out the Book and bid her pull off her Glove and lay her hand on the book M. F. I never laid my hand on the book to swear in all my life and I never was at this Assize before I was bred and born in this County and have led my life in it and I was never at an Assize before this time and I bless the Lord that I am here this day upon this account to bear testimony to the truth Then they asked her if she would have the Oath read she answered I do not care if I never hear an Oath read for the Land mourns because of Oaths Judge Then the Judge cryed take her away then thy took her civilly away and asked her if she would give security that she would have no more meetings M. F. Nay I can give no such security I have spoken enough for that Then George Fox was called before Judge Twisden being a Prisoner the Goaler brought him in Judge What do you come into the Court with your Hat on and then the Goaler took it off G. F. Peace be amongst you all and said the Hat was not the honour that came down from God Judge Will you take the Oath of Allegiance George Fox G. F. I never took Oath in my life Judge Will you swear or no G. F. Christ commands we must not swear at all and the Apostle and whether must I obey God or man judge thee I put it to thee Judge I Will not dispute with thee George Fox come read the Oath to him and so the Oath was read and when it was read give him the book said they and so a man that stood by him held up the book and said lay your hand on the book G. F. Give me the book in my ltand which set them all a gazing and as in a hope he would have sworn then when he got the book in his hand he held up the book and said this book commands me not to swear if it be a Bible I will prove it and he saw it was a Bible and he held it up and then they pluckt it forth of his hand again and cryed will you swear will you take the Oath of Allegiance yea or nay G. F. My Allegiance lies not in Oaths but in truth and faithfulness for I honour all men much more the King but Christ saith I must not swear the great Propher the Saviour of the world and the Judge of the world and thou sayest I must swear whether must I obey Christ or thee for it is in tenderness of Conscience that I do not swear in obedience to the command of Christ and the Apostle and for his sake I suffer and in obedience to his commands do I stand this day and we have the word of a King for tender Consciences besides his Speeches and Declarations at Breda and dost thou own the King Judge Yes I own the King G. F. Then why dost not thou own his Speeches and Declarations concerning tender Consciences to the which he replyed nothing but George said it is in obedience to Christ the Saviour of the world the Judge of the world before whose judgment seat all men must be brought that I do not swear and am a man of a tender Conscience and then the Judge stood up Judge I will not be afraid of thee thou speaks so loud thy voice drowns mine and the Courts I must call for three or four cryers to drown thy voice thou hast good Lung G. F. I am a Prisoner here this day for the Lord Jesus that made heaven and earth and for his sake do we suffer and for him do I stand this day and if my voice were five times louder yet should I sound it out and lift it up for Christs sake for whose cause I stand this day before your Judgment-seat in obedience to Christs commands who commands not to swear before whose Judgment-seat you must all be brought and give an account Judge Sirrah will you take the Oath G. F. I am none of thy Sirrah I am no Sirrah I am a Christian art thou a Judge and sits there to give names to Prisoners thou ought not to give names to Prisoners Judge I am a Christian too G. F. Then do Christian works Judge Sirrah thou thinkest to frighten me with thy words and looked aside I am saying so again G. F. I speak in love to thee that doth not become a Judge thou oughtest to instruct a Prisoner of the Law and Scriptures if he be ignorant and out of the way Judge George Fox I speak in love to thee G. F. Love gives no names Judge Wilt thou swear wilt thou take the oath yea or nay G. F. As I said before whether must I obey God or man judge ye Christ commands not to swear and if thou or ye or any Minister or Priest here will prove that ever Christ or his Apostles after they had forbidden swearing commanded men should swear I will swear and several Priests being there

things c. And so he goes on and lets them see what was in the law committing Adultery was forbid under the law but in the time of Christ looking upon a Woman and lusting after her was committing Adultery And he sets forth in the justice of the law an eye for an eye and a tooth for a tooth and shews how that in the time of the law thou shalt not kill and whosoever shall kill shall be in danger of judgment but I say unto you that whosoever shall be angry with his Brother without cause shall be in danger of judgment and so he tells both swearing and killing to be in the old time and said except the Righteousness exceed the Righteousness of the Scribes and Pharisees you shall in no wise enter into the kingdom of heaven Fifteenthly And as to that of the Apostle speaking in the 1 Thes. 2. God was his witness that he did not make Covetousness his Cloak Answ. It were well if the Priests could say so now but this doth not prove that he swore and there are many men that takes man to be his witness and that is not an oath surely is it Thou understands that And if this were an oath why do you cast friends into prison Sixteenthly And that of the Galatians Chapter 1. 2. There is nothing in that place like unto an Oath which he brings Seventeenthly And as for the 2 or 4. 23. Verse there are not so many Verses in that Chapter And as for the Ephesians th 4th and 15th which he brings for Christians to swear which he says we are bound at all times to speak truth to our Neighbours Answ. He doth not say we are to swear truth at all times but to speak it at all times Eighteenthly And that which he brings in Acts 23. 3. How the Apostle reproved the High Priest that caused him to be smitten contrary to law Answ. Here the Apostle was preaching the Gospel and Christs doctrine to them to the Priests that had the Law and outward things this was nothing to the purpose that the Apostle should swear or that Christians should swear And in the 14th Verse which he quotes Answ. Those were the bad people that bound themselves with a Curse that they would neither eat nor drink till they had killed Paul that preached the Gospel this is nothing at all that Christians should swear Nineteenthly We say there were Heathens oaths annd Jews oaths which were to swear by the Lord which Christ calls the old time which they were to perform which oath Christ ends and saith swear not at all for in the time of the law the Jews were to deny all false oaths and heathenish oaths and they were not to swear by Baal but the true oath which Christ ends And did not the Christians suffer in the Primitive times because they could not swear by the Prosperity of Caesar and was not that oath then imposed upon them And by the good fortune of the Emperour was not that another oath And did not many Christians then suffer because they could not swear read the ten persecutions which was a long time before the Pope got up and then did not the Pope when he had got up over the Churches give forth both Oath and Curse with Bell Book and Candle And was not the ceremony of his oath to lay three fingers a top of the book to signifie the Trinity And two fingers under the book to signifie Damnation of body and soul if they sware falsly And was not there a great number of people that would not swear and suffered great persecution as read the Book of Martyrs but to Bonners days and its little above an hundred years since the Protestants got up And they gave forth the Oath of Allegiance and the Oath of Supremacy the one was to deny the Popes Supremacy and the other to acknowledge the Kings of England So we need not to tell you of their form and shew you the ceremony of the oath it saith kiss the Book and the Book saith kiss the Son which saith swear not at all and so cannot Allegiance be to the King in truth and faithfulness as was said before without an Oath yea and more then many that swears So you may see to deny swearing is no new thing for it was the practise of the Christians in former times to deny it both in Heathens and the times of Popery before Protestants and so it is in obedience to the command of Christ that we do not swear in our loves to him if we say he is Lord Master and do not the thing that he commands that is but deceit and hypocrisie And so rash and bad swearing that was forbidden in the time of the Law it was not that which Christ came to fulfill but true Oaths and the true Types Figures and Shadows and he saith swear not at all Twentiethly And as for Acts the 13th there is nothing spoken of swearing there as all people may read 21thly And whereas the Apostle often speaks and taking to witness a Record upon his own soul by his rejoyeing in Christ Jesus what is all this to swearing and taking an oath or where did ever the Apostle take a solemn oath or command the Brethren and Churches to do the same for often he speaks of the witness our of the mouth of two or three witnesses shall every word be established And the Bishop often brings the 1 Cor. 15. 31. By our rejoycing which I have in Christ Jesus I die daily This place cannot be brought for a proof that the Apostle sware If so when thou saist by thy meat thou art refreshed and by the fire thou art warmed and people tells thee thou must go by such a lane to such a Town they all swear then do they not 22thly As for the Particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Bishop says its never used but in an oath only Answ. And what is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is it not truly as also the Primitive word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies yea and is not that word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the aforementioned 5th of Matthew and 5th of James where swearing is denyed for is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek yea in English and is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek truly in English and if every man that says yea and truly sweareth then the Bishop proves his Assertion And is not there a difference between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So in Meekness and Love read this over in that from which it was sent POST-SCRIPT Christ Jesus who is the King of Kings and Lord of Lords the Beginning and Ending First and Last him by whom God will Judge the World in Righteousness WE Quaery of you whether he or any of his Apostles after they had given forth a Command that none should Swear but keep to yea and nay in all their Communications can any Minister or Teacher prove this in express words out of the New Testament that they ever commanded to swear or did swear that will satisfie that will end all But that we should be cast into prison for our obedience to Christs command by you that professes your selves to be Christians and own Christ Jesus as you say is not right And he commands you to love Enemies if you did obey his commands and love one another for they that are Christians and own Christ Jesus they should love one another For this was a mark by which they were known to be Disciples learners of him And so they that are lovers of him own him and obey him and his doctrins so though we do suffer here by you all the Sessions or Assizes we do commit our cause and you that do persecuters to the General Assizes and terrible day wherein God will Judge the world in Rightconsness by the man Christ Jesus whose commands we obey in tenderness and there we know we shall have true Judgment without respect of persons there our Hats will not be looked at before the Almighty but the action and transgression and who hath served God and who hath not served him for Christ hath told you before hand what he will say to them that visits him not in prison where he is made manifest in his Brethren Then what will become of them that casts them into prison for tenderness towards God for obeying his Dctring and keeps to yea and nay in their Communications according to his words And so those things we leave to the General day Though we can say the Lord for give you that deth thus persecute in if it be his will freely from our hearts for we do you nor no man harm but seek the good and peace of all men and for this cause for obeying the truth we do suffer G. F. THE END