1662. the Magiftrates; and are not againft, but stand for 'all Good Government.

Houlker

Hall.

Then Geo. Middleton cried, Bring the Book, and put the Oaths of Allegiance and Supremacy to him. Now he himself being a Papift, I asked him, 'Whether he had taken the Oath of Supremacy, who was a Swearer? But as for us, we could not Swear at all, because "Chrift and the Apoftle had forbidden it. Some of them would not have had the Oath put to me; but have let me have my Liberty: but the reft would not agree to that: For this was their laft Snare, and they had no other way to get me into Prifon; for all other things had been cleared to them. But this was like the Papifts Sacrament of the Altar, by which they enfnared the Martyrs. So they tendered me the Oath, and I could not take it: Whereupon they were about to make my Mittimus, to fend me to LancafterJail But confidering together of it, they only engaged me to Appear at the Seffions; and fo for that time difiift me. Then I went back with Margaret Fell to Swarthmore: and foon after there came Col. Swarth Weft to fee me; who was at that time a Juftice of the Peace. He told us, He told fome of the rest of the Fuftices, that he would come over to fee me and Margaret Fell; but it may be, faid he to them, fome of you will take Offence at it. I asked him, What he thought they would do with me at the Seffions? And he faid, They would tender the Oath to me again.

more.

Now whilft I was at Swarthmore, there came William Kirby into Swarthmore-Meeting, and brought the Conftables with him. I was fitting with Friends in the Meeting, and he faid to me; How now, Mr. Fox! you have a fine Company here. Tes, faid I, we do meet to Wait upon the Lord. So he began to take the Names of Friends, and them that did not readily tell him their Names, he committed to the Conftables hands, and fent fome to Prifon. The Conftables were unwilling to take them without a Warrant; whereupon he threatned to fet them by the Heels: But the Conftable told him; He could keep them in his Prefence',

but

but after he was gone, he could not keep them without 1662.

a Warrant.

Then

Lanca

fter Sef

The Seffions now coming on, I went to Lancaster, Lancaand Appeared according to my Engagement. There was upon the Bench that Juftice Flemming, that had bidden Five Pounds in Westmorland to any Man, that would apprehend me: for he was a Juftice both in Westmorland and Lancashire. There was alfo Juftice Spencer and Col. Weft, and Old Juftice Rawlinfon the Lawyer; who gave the Charge, and was very fharp againft Truth and Friends: but the Lord's Power ftopt them. The Seffion was large, and the Concourse of People great and way being made for me, I came fions. up to the Bar, and ftood there with my Hat on; they looking earnestly upon me, and I upon them for a pretty space. Then Proclamation being made for all to keep Silence upon pain of Imprisonment: And all being quiet, I faid twice, Peace be among you. fpake the Chair-man, and asked; If I knew, where I was? I faid, "Yes, I do, but it may be, faid I, my Hat offends you: that's a low thing, that's not the Honour, that I give to Magiftrates; for the true 'Honour is from Above; which, faid I, I have received; and I hope, it is not the Hat, which ye look upon to be the Honour. The Chair-man faid, They looked for the Hat too; and asked, Wherein I fhewed my Refpect to Magiftrates, if I did not put off my Hat ? I replied; In coming, when they called me. Then they bid one, Take off my Hat. After which it was fome time before they fpake to me; and I felt the Power of the Lord to arife. After fome Paufe, old Jaftice Rawlinfon (the Chair-man) asked me, If I did know of the Plot? I told him, I had heard of it in Torkfhire by a Friend, that had it from the High-Sheriff. Then they asked me, Whether I bad declared it to the Magiftrates? Ifaid, "I had fent Papers abroad against 'Plots and Plotters; and alfo to you, as foon as I came into the Country, to take all Jealoufies out of your Minds concerning me and my Friends: For it was and is our Principle, to declare against such ⚫ things,

C 2

LancaDer Sef

frons.

1662. things. They asked me then, If I knew not of an Alt against Meetings? I faid, I knew there was an Act, that took hold of fuch as met to the terrifying of the King's Subjects, and were Enemies to the King, and held dangerous Principles; but I hoped, they did not look upon us to be fuch Men: for our Meetings were not to terrifie 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, becaufe Chrift and his Apoftle had forbid it: And they had had fufficient Experience of Swearers, (I told them) first one way, then another; but I had never taken any Oath in my Life. Then Rawlinfon the Lawyer asked me, Whether I held it was unlawful to Swear? This Queftion he put on purpose to enfnare me for by an Act that was made, fuch were ģ liable to Banishment, or a great Fine, that should fay, it was Unlawful to Swear. But I feeing the Snare, avoided it; and told him, 'That in the time of the Law, amongst the Jews, before Chrift came, the Law commanded them to Swear: but Chrift, who doth ⚫ fulfill the Law, in his Gofpel-time commands, not to fwear at all; and the Apoftle James forbids Swearing, even to them that were Jews, and that had the Law of God. So after much other Difcourfe had paffed, they called for the Jailer, and committed me G. F. to Prifon. I had about me that Paper, which I had somit written as a Testimony against Plots, which I defired Prifon. they would read, or fuffer to be read in open Court,

ted to

but they would not. So I being Committed for refufing to Swear, I bid them and all the People take notice, that I fuffered for the Doctrine of Chrift, and for my Obedience to his Command. Afterwards I understood, the Juftices did fay, that they had private Inftructions from Col. Kirby to profecute me, notwithstanding his fair Carriage and feeming Kindness to me before, when he declared before many of them, That he had nothing against me. There were feveral Friends befides Committed to Prifon, fome

for

Prifon

for Meeting to Worship God, and fome for not Swear- 1663. ing; fo that the Prifon was very full. And many of them being poor Men, that had nothing to main- Lancaft. tain their Families by, but their Labour, which now they were taken off from; feveral of their Wives went to the Juftices that had committed their Husbands to Jail, and told them, If they kept their Hus bands in Fail, for nothing but the Truth of Chrift, and for good Confcience-fake, they would bring their Chil dren to them to be maintained. A mighty Power of the Lord rofe in Friends, and gave them great Boldnefs, so that they fpake much to the Juftices: Friends alfo, that were Prisoners, writ unto the Juftices, laying the Weight of their Sufferings upon them; and fhewing them both their Injuftice,and want of Pity and Compaffion towards their poor Neighbours, whom they knew to be Honeft, Confciencious and 'Peaceable People, that in tenderness of Confcience 'could not take any Oath; yet they fent them to

Prifon, for refufing to take the Oath of Allegiance. 'Though feveral of them, who were Imprifoned on 'that Account, were known to be Men that had 'ferved the King in his Wars, and had hazarded their 'Lives in the Field in his Caufe, and had fuffered great Hardships, with the lofs of much Blood for him; ' and had always ftood faithful to him from Firft to Laft, and had never received any Pay for their Service and 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 Juftices, being continually attended with Complaints of Grievances, releafed fome of the Friends, that were Prifoners, but kept divers of them ftill in Prison.

Amongst those that were then in Prifon, there were Four Friends Prifoners for Tithes, who were fent to Prifon at the Suit of the Countess of Derby (fo called) and had lain there then near Two Years and an half. One of thefe, whofe Name was Oliver Atherton, being a Man of a Weakly Conftitution, was through

Prifon.

1663. his long and hard Imprisonment in a cold, raw, unwholfom place, brought fo low and weak in his Body, Lancaft. that there appeared no hopes of his Recovery, or Life, unless he might be removed from thence. Wherefore a Letter was written on behalf of the faid Oliver Atherton to the faid Countefs, and fent by his Son Godfrey Atherton, wherein was laid before her the Reafons, why he, and the reft, could not pay Tithes; because if they did, they thould deny Christ come in the Flesh, who by his coming had put an end to Tithes, and to the Priesthood, to which they had been given, and to the Commandment, by which they had been paid under the Law. And his Weak 'Condition of Body was alfo laid before her, and the apparent likelyhood of his Death, if the did continue to hold him there: that the might be moved to Pity and Compaffion; and alfo warned, not to draw the Guilt of his Innocent Blood upon her felf. But when his Son went to her with his Father's Letter,a Servant of hers abused him; and pluck'd off his Cap and threw it away, and put him out of the Gate. Nevertheless, the Letter was delivered into her own hand; but the fhut out all Pity and Tendernefs, and continued him in Prifon, tili Death. So when his Son came back to his Father in Prison, and told him, as he lay on his Dying-Bed, that the Countefs denied his Liberty, he only faid, She hath been the Caufe of fhedding much Blood; but this will be the beavieft Blood, that ever fhe Spilt and foon after he died. Then Friends having his Body delivered to them to Bury, as they carried it from the Prison to Ormskirk, the Parish wherein he had lived, they ftuck up Papers upon the Croffes at Garstang, Prefton, and other Towns, through which they paffed, with this Infcription:

This is Oliver Atherton of Ormskirk-Parish, perfecuted to Death by the Countess of Derby for good Confcience fake towards God and Chrift, because he could not give her Tithes, &c.

Setting