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
against me except I be a trangressour the law is made for the lawless and trangressours and except I be a transgressour ye have no law against me neither ought you to have indicted me for being that the Church-Wardens did inform my question is what matter of fact they did inform of for I was sent for from my own house from amongst my Children and Family when I was about my outward occasions when I was in no meeting neither was it a meeting day therefore I desire to know what this first foundation or matter of Fact was for there is no law against the innocent and righteous and if I be a transgressour let me know wherein Judge You say well the Law is made for transgressours but Mistress do you go to Church M. F. I do go to Church Judge what Church M. F. To the Church of Christ. Judge But do you go to Church amongst other people ye know what I mean M. F. What dost thou call a Church the house or the people the house ye all know is Wood and Stone but if thou call the people a Church to that I shall answer as for the Church of England that now is I was gathered unto the Lords truth unto which I now stand a witness before this Church was a Church I was separated from the general worship of the Nation when there was another set up then that which is now and was persecuted by that power that then was and suffered much hardship and would you have us now to deny our faith and our principles which we have suffered for so many years and would you now have us to turn from that which we have born witness of so many years and turn to your Church contrary to our Conscience Judge We spend time about those things come to the matter in hand what say ye to the Oath and to the indictment M. F. I say this to the Oath as I have said in this place before now Christ Jesus hath commanded me not to swear at all and that is the only cause and no other the righteous judge of heaven and earth knoweth before whose throne and justice ye must all appear one day and his eyes sees us all and beholds us all at this present and he hears and sees all our words and actions and therefore every one ought to be serious for the place of judgment is weighty and this I do testisie unto you here where the Lords eye beholds us all that for the matter or substance of the Oath and the end for which it was intended I do own one part and denies the other that is to say I do own truth and faithfulness and obedrence to the King and all his just and lawful demands and commands I do also deny all plotting contrivings against the King and all Popish Supremacy and Conspiracy and I can no more transgress against King Charles in these things then I can disobey Christ Jesus his commands and by the same power and vertue of the same word which hath commanded me not to swear at all the same doth bind me in my Conscience that I can neither plot nor contrive against the King nor do him nor no man upon the earth any wrong and I do not deny this Oath only because it is the Oath of Allegiance but I deny it because it is an Oath because Christ Jesus hath said I shall not swear at all neither by heaven nor by earth nor any other Oath and if I might gain the whole world for swearing an Oath I could not and what ever I have to lose this day for not swearing of an Oath I am willing to offer it up Judge What say you to the indictment M. F. What should I say I am clear and innocent of the wronging any man upon the earth as my little Child that stands by me here and if any here have any thing to lay to my Charge let them come down and testifie it here before ye all and if I be clear and innocent you have no law against me Then Colonel Kirby and the Sheriff whispered to the Judge and I looked up and spoke to Colonel Kirby and said let us have no whispering I will not have so many Judges one of one side and another of another here is one Judge that is to be judge and the judge said no no I will not hear them and then I calsed to Colonel Kirby and said if thou have any thing to lay to my charge or to speak against me come come down here and testifie against me and I said the judge represents the Kings person and his power and I own that Judge Jury take notice she doth not take the Oath M. F. This matter is weighty to me whatsoever it is to you upon many accounts and I would have the Jury to take notice of it and to consider seriously what they are going to do for I stand here before you upon the account of the loss of my Liberty and my Estate Secondly I stand here in obeying Christs commands and so keeping my Conscience clear which if I obey this law and King Charles commands I defile my Conscience and transgresseth against Christ Jesus who is the king of my Conscience and the cause and controversie in this matter that you all are here to judge of this day is betwixt Christ Jesus and King Charles and I am his servant and witness this day and this is his cause and whatsoever I suffer it is for him and so let him plead my cause when he pleafeth And the Judge said to the Jury are ye all agreed have ye found it and they said for the King M. F. Then spoke to the Judge and said I have counsel to plead to my indictment and he said he would clear them afterward in arrest of judgment so the Court broke up that time and after Dinner when they came again they intended to have called us at the first and they had called G. F. out and was calling of me and I stepped up to the Bar and desired the Judge that he would give us time till the next morning to bring in our Reast of Judgment and the Judge said at the first we should and I was stepping down to go my way and the Judge called me back again and said Mistress Fell you wrote to me concerning your Prisons that they are bad and rains in and are not fit for people to lie in and I answered the Sheriff doth know and hath been told of it several times and now it is raining if you will send to see at this present you may see whether they be fit for people to lie in or no and Colonel Kirby stood up and spoke to the Judge to excuse the Sheriff and the badness of the room and I spoke to him and said if you were to lie in it your selves you would think it hard but your minds is only in cruelty to commit others as William Kirby here hath done who
F. the 11th of January whether the Sessions was not upon the 12th and the Clerks and people lookt their Almanacks and saw it was the 12th and the Judge askt whether the 11th was not the first of the Sessions and they answered there was but one day and it was the 12th and the Judge said then it was a great mistake and then all the Justices was struck and some of them could have found in their hearts to have gone off and said they had done it on purpose and said what Clerk did it and a great stir was amongst them and then I spoke to the Jury how that they could not bring me in guilty according to that indictment and the Judge said I must not speak to the Jury but he would speak to them and said they might bring me in guilty I denying the Oath then I said what should you do with a form then and do not go according to it then you may throw the form away and then I told the Jury that it lay upon their Consciences as they would answer the Lord God before his Judgment-seat before whom all must be brought and so the Judge spoke to me and said he would hear me afterwards any reasons that I could alledge wherefore he should not give Judgment against me and so he spoke to the Jury and I bid him do me Justice and do Justice and so the Jury brought in for the King guilty And I told them then the Justices had forsworn themselves and the Jury both and so they had small cause to laugh as they did a little before and to say I was mad and before I had brought forth my reasons I stood a little while and the Judge said he cannot dispute but then the people said he is too cunning for them all after I had brought forth my reasons how contrary to their own indictment they had done and sworn and brought me in guilty Oh the envy and rage and malice that was among them against me and lightness but the Lord confounded it all that abundance of it was slain and so I told them I was no Lawyer and the Judge said he would hear me what I could alledge before he did give Judgment and so I cryed all people might see how they had forsworn themselves and gone contrary to their own indictment and so their envy and malice was wonderfully stopt and so persently M. Fell was called who had a great deal of good service amongst them and so the Court broke up near the second hour many more words was spoken concerning the truth And so in the afternoon we were brought up to have sentence passed upon us and so M. Fell desired that Judgment and sentence might be deferred till the next morning and we desired nothing but law and justice at his hands for thieves had mercy and I desired the Judge to send some to see my prison being so bad they would put no creature they had in it it was so windy and rainy and I told him that Colonel Kirby who was then on the Bench said I should be lockt up and no flesh alive should come at me and most of the Gentry of the Country being gathered together expecting to hear the sentence but they were crost that time so I was had away to my prison and some Justices with Colonel Kirby went up to see it and when they came up in it they durst scarcely go in it it was so bad rainy and windy and the badness of the floor and others that came up said it was a Jakes house I being removed out of the prison which I was in formerly and so Col. Kirby said I should be removed from that place ere long that I should be sent unto some fecurer place for he spake to the Judge in the Court saying he knew that the Justices would joyn with him but the Judge said after I have past sentence I will leave him to the Jaylor and how I was not a fit man to be converst with none should converse with me and all the noise amongst the people was that I should be Transported and so the next day towards the 11th hour we was called forth again to hear the sentence and judgement but M. Fell was called first before me to the Bar and there was some Counsellours pleaded and found many errours in her indectment and so she was taken by after the Judge had acknowledged them and then the Judge askt what they could say to mine and I was willing to let no man plead for me but to speak to it my self and though M. Fell had some that pleaded for her yet she spoke as much her self as she would and though they had the most envy against me yet the most gross errours was found in mine and before I came to the Bar I was moved to pray that the Lord would confound their wickedness and envy and set his truth over all and exalt his seed the thundering voice answered I have glorified thee and will glorifie thee again and I was so filled full of glory that my head and ears was filled full of it and that when the Trumpets sounded the judges came up again they all appeared as dead men under me and so when I was to answer to the errours of the indictment seeing that all the Oath as he said himself was to be in I told him there was many words of the Oath left out which was pretended to be derived and his Heirs and Successours and I bid them look the Oath and look the indictment and they might see it aud they did and found it according to my words and I askt them whether the last Assizes holden at Lancaster was in the 15th year of the King which was the 10th day of March and they said nay it was the 16th year then said I look your indictment and see whether or no it is not the 15th year and then they were all of a fret both Judge and Justices for it was the 15th in the indictment then the Judge bid them look whether M. Fells was so or no and it was not so I told them I had something else to speak concerning the indictment but they said nay I had spoken enough so the indictment was thrown out so I told them that they had small cause to laugh as they had done a little before for they might see how the Justices and the Jury was sorsworn men and so I bid him do me justice and he said I should have law and the Judge said I was clear from all the former and he started up in a rage and said but he would proffer the Oath to me again I told him they had example enough for swearers and false swearers both Justices and Jury yesterday before their faces for I saw before mine eyes both Justices and Jury had forsworn themselves who heard the indictment and so he askt me whether I would take the Oath I bid him do me justice for my false
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 treaâ—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