I dare have no fellowship with idols, nor worship in idols' temples; for what have we to do with idols, their tem ples and worship?

Judge. Were there not houses called the houses of God, and temples?

F. H. Yes, under the law; but the Christians, who believed in Christ, separated from these, (and the temple was made and left desolate,) and from the Gentiles temples too, and met together in houses, and broke bread from house to house; and the church was not confined then to one particular place, neither is it now; many more things I have to say: the judge interrupted.

Judge. Will you answer to your indictment?

F. й. I know not what it is, I never heard it, though I have often desired a copy.

Judge. Clerk, read it.

So he read it: how that F. H. had wilfully, obstinately, and contemptuously denied to swear when the oath was tendered.

F. H. I deny it.

Judge. What do you deny?

F. H. The indictment.

Judge. Did you not deny to swear? And the indictment convicts you that you did not swear.

F. H. I gave unto the court the substance of the oath, as you all know. Secondly, I told you I did not deny it out of obstinacy or wilfulness, neither in contempt of the king's law or government; for my will would rather choose my liberty, than bonds; and I am sensible it is like to be a great damage to me; I have a wife and children, and some estate, which we might subsist upon, and do good to others, and I know all this lies at stake; but if it were my life also, I durst not but do as I do, lest I should incur the displeasure of God; and do you judge I would lose my liberty wilfully, and suffer the spoiling of my estate, and the ruining of my wife and children in obstinacy and wilfulness? Surely nay.

Judge. Jury, you see he denies the oath, and he will not plead to the indictment, only excepts against it because of the form of words, but you see he will not swear, and

yet he says he denies the indictment, and you see upon what ground.

And then they called the jailer to witness and swear that the last assizes F. H. did refuse, &c. which he did; and the jury, without going from the bar, gave in their verdict, guilty, and then the court broke up that night.

The next day towards evening, when they had tried all the prisoners, Francis was brought to the bar to receive his sentence.

Judge stood up and said, 'Come, the indictment is proved against you, what have you to say why sentence shall not be given?

F. H. I have many things to say, if you will hear them. First, as I have said, I denied not out of obstinacy or wilfulness, but was willing to testify the truth in this matter of obedience, or any other matter wherein I was concerned. Secondly, because swearing was directly against the command of Christ. Thirdly, against the doctrine of the apostle. Fourthly, even some of your principal pillars of the church of England; as bishop Usher, some time primate of Ireland, he said in his works, the Waldenses did deny all swearing in their age, from that command of Christ and the apostle James, and it was a sufficient ground; and Dr. Gauden, late bishop of Exeter, in a book of his I lately read, he cited very many ancient fathers, to show, that the first three hundred years Christians did not swear, so that it is no new doctrine.

To which the court seemed to give a little ear, and said nothing, but talked one to another, and Francis stood silent, and then the judge said,

Judge. Sure you mistake.

F. H. I have not the books here.

Judge. Will you say upon your honest word they denied all swearing?

F. H. What I have said is true.

Judge. Why do you not come to church, and hear service, and be subject to the law, and to every ordinance of man for the Lord's sake?

F. H. We are subject, and for that cause we do pay taxes, tribute and custom, and give unto Cæsar the things

that are his, and unto God the things that are his, to wit, worship, honour, and obedience; and if thou mean the parish assembly, I tell thee faithfully, I am persuaded, and upon good ground, their teachers are not the ministers of Christ, neither their worship the worship of God.

Judge. Why; it may be for some small things in the service you reject it all.

F. H. First, it is manifest they are time-servers, one while preaching up that for divine service to people, that another while they cry down, as popish, superstitious, and idolatrous; and that which they have preached up twenty years together, made shipwreck of all in a day; and now again call it divine, and would have all compelled to that themselves once made void.

Judge. Why; never since the king came in?

F. H. Yes, the same men that preached it down once, now cry it up; for they are so unstable and wavering, that we cannot believe they are the ministers of Christ. Secondly, they teach for hire, and live by forced maintenance, and would force a faith upon men, contrary to Christ and his apostle's rule, who would have every one persuaded in their own minds, and said, whatsoever is not of faith is sin; and yet they say, faith is the gift of God, and we have no such faith given; but yet they would force theirs upon us, and because we cannot receive it, they cry, you are not subject to authority and the laws, and nothing but confiscations, imprisonment and banishment is threatened, and this is their greatest plea; I could mention more particulars; then the judge interrupted.

Judge. Well, I see you will not swear, nor conform, nor be subject, and you think we deal severely with you, but if you would be subject, we should not need.

F. H. I do so judge indeed, that you deal severely with us for obedience to the commands of Christ; I pray thee canst thou show me how any of those people, for whom the act was made, have been proceeded against by this statute, though I envy no man's liberty.

Judge. Oh yes, I can instance you many up and down the country that are premunired, I have done it myself, hi pronounced sentence against divers.

p

F. H. What, against Papists?

Judge. No.

F. H. What, against the Quakers? So I have heard indeed; though then that statute was made against Papists, thou lettest them alone, and executest it against the Quakers.

Judge. Well, you will meet in great numbers, and do increase, but there is a new statute will make you fewer. F. H. Well, if we must suffer, it is for Christ's sake, and for well doing.

Francis then being silent, the judge pronounced the sentence, but spake so low, that the prisoner, though near to him, could scarce hear it.

The sentence was, You are put out of the king's protection and the benefit of the law, your lands are confiscate to the king during your life; and your goods and chattels for ever, and you to be prisoner during your life.

F. H. A hard sentence for my obedience to the commands of Christ; the Lord forgive you all.

So he turned from the bar; but the judge speaking, he turned again, and many more words passed to the same purpose, as before; at last the judge rose up and said,

Judge. Well, if you will yet be subject to the laws, the king will show you mercy.

F. H. The Lord hath showed mercy unto me, and I have done nothing against the king, nor government, nor any man, blessed be the Lord, and therein stands my peace; for it is for Christ's sake I suffer, and not for evil doing. And so the court broke up. The people were generally moderate, and many were sorry to see what was done against him; but Francis signified how contented and glad he was, that he had any thing to lose for the Lord's precious Truth, of which he had publicly borne testimony, and that he was now counted worthy to suffer for it.

This he did cheerfully, and died in bonds after above four years imprisonment, as may be related in its due time. He was a man of learning, and a great writer among his fellow believers; insomuch, that during his confinement he

wrote not only several edifying epistles to exhort them to constancy and steadfastness in the doctrine of Truth, but also some books to refute the opposers of it.

We have here seen how the judge said, there is a new statute which will make you fewer. This statute bore the title of an act to prevent and suppress seditious conventicles. And though the act made two years before did extend to banishment, yet that punishment was renewed, and expressed more at large in this, which was as followeth :

Whereas an act made in the five and thirtieth year of the reign of our late sovereign lady queen Elizabeth, intitled an act to retain the queen's majesty's subjects in their due obedience, hath not been put in due execution by reason of some doubt of late made, whether the said act be still in force; although it be very clear and evident, and it is hereby declared, that the said act is still in force, and ought to be put in due execution :

II. For providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious sectaries, and other disloyal persons, who under pretence of tender consciences, do at their meetings contrive insurrections, as late experience hath showed;

III. Be it enacted by the king's most excellent majesty, by, and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that if any person of the age of sixteen years or upwards, being a subject of this realm, at any time after the 1st day of July, which shall be in the year of our Lord, one thousand six hundred sixty and four, shall be present at any assembly, conventicle or meeting, under colour or pretence of any exercise of religion, in other manner than is allowed by the liturgy or practice of the church of England in any place within the kingdom of England, dominion of Wales, and town of Berwick-upon-Tweed; at which conventicle, meeting, or assembly, there shall be five persons or more assembled together, over and above those of the same household; then it shall and may be lawful to and