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highnesse the Lord Protector's proclamacon
The oath of Abjuration conteyned in his
was tendred to the said Thomas Salthowse,
and hee refused to take itt, sayinge the Lord
Jesus forbids him to sweare.

JOHN PAIGE, maior.
RI: SPURWELL.
examined.
After this Miles Halhead was similarly

dall in the county of Westmerland had and
The examinacon of Myles Halhead of Ken-
taken as aforesaid.

what those friends were and if hee had any | And this examt beinge demaunded att what friends or relacons in Plymouth, sayth hee place he intendeth to goe from this towne, knew Nicholas Cole and Arthur Cotton and sayth, to Bristow. And beinge demaunded some other persons, and beinge demaunded when hee did make use of his callinge as a where and how longe since hee became ac- husbandman or any other lawfull callinge to quainted with the said Cole and Cotton sayth, procure a Lyvelyhood, sayth, itt was about That about the end of March last this examt Three months since. And beinge demaunded beinge under restraint att Exon togeather with where hee hath had money for his subsistance one Myles Halhead, the said Cotton and Cole since that time, sayth, That if hee come to any came thither to this examt and the said Hal- Towne or citty he hath money to pay for what head, and that after they had been under re- hee calls for, and if hee goe into any friend's straint 16 daies they were sent with a guard howse hee can eat bread or drinke water with by Col. Coplestone to Taunton, and from them. And this deponent beinge asked wheththence were sent from tithinge to tithinge to Bristow by Col. Buffett of Taunton, but the bee of the same Judgment and opinion with er Nicholas Gannicliffe and Myles Halhead messenger that went with this examt and the this examinate, sayth they are, and doe goe said Halhead from Taunton, beinge (as this under the name of Quakers. examt conceiveth) drunke and fallinge on the ground about a myle from Taunton, and itt growinge towards night, this deponent with the said Halhead and the messenger returned to Taunton to the said Col. Buffett, and two daies afterward this examt and the said Halhead by leave from the said Col. Buffett departed and went to Bristow. And this examt further sayth that he came hither to this Towne of Plymouth on ffriday last to Arthur Cotton, and afterward that eveninge went to Stonehowse, at the howse of one Lippingcott. And being demaunded where this Examt was the last Lord's day, sayth that hee was the last first day in a garden of one John Harris within the Burrough of Plymouth, where there were a Companie of people mett together, and this examt spake somethinge to them both in the howse and in the garden. And this deponent being further demaunded whether he did not in his discourse to the people say these words followinge, (vizt) That they should follow noe more their old Ministers, for they are those that will bringe them to destruccon, and they are Baal's preists, and there is that within a man that must carry him to heaven, and there is noe neede of other teachinge, denyeth the same. And beinge further demaunded whether hee did not speake these followinge words to one George Brookes (who had alsoe then spoken to the people, in which discourse of the said Brookes hee menconed the holy Trinitie and the Three persons in the Trinitie) Thou lyest in sayinge there were Three persons in the Trinitie; I deny itt, there is noe such thinge, but thou art a deludinge spiritt come to draw away the hearts of the people from God, and that they should not hearken to him the said Brookes for that he was a Theefe and was come with a Lye in his mouth, and had stollen what hee had from others and had itt in his hand, pointinge att the Bible which was in the said Brookes his hand open, denyeth the same. And beinge further demaunded by what authority hee spake to the people in that publique way, sayth hee was imediately called of God to goe out and declare the truth as hee is moved. demaunded if hee bee not one of those that And beinge are called Quakers sayth hee is one of them, and somtimes he has had shakings on him.

ryed man, and left his wife and Three children The said Examt sayth. That hee is a maratt Kendall aforesaid about Three moneths since. And being demaunded why hee left his family sayth hee was drawne to London and from thence towards this towne to see his freinds, and att Exon this examt and Thomas Salthouse were taken upp for goinge the country without a passe, and after 16 daies (beinge there under restraint) were sent to Taunton to goe towards Bristow where this examt went. came hither to this towne of Plymouth and And beinge demaunded why he when, sayth on ffriday last hee came hither to see his freinds, beinge mooved thereunto. And beinge asked what freinds, sayth Arthur Cotton and Nicholas Coles. And beinge de maunded how longe hee hath been acquainted with them, sayth that hee came acquainted with them att Exon when hee this examt was under restraint there. And beinge demaunded whether hee were not in a garden within the Burrough of Plymouth on the last Lord's day, sayth hee was. And beinge further demaunded whether hee then spake these words followinge to the people there assembled, vizt. They should follow noe more their old ministers, for they are those that will bringe them to destruccon, &c. (as in Salthowse's examinacon) denyeth the same. not of the company of those people that are And beinge asked if he bee called Quakers sayth hee is. maunded why hee left his callinge and doth And beinge deto itt and to goe and see freinds. And beinge not apply himselfe to itt, sayth hee was drawne demaunded when hee did imploye himselfe about his callinge as a husbandman, sayth not

Shadrach, Meshach, and Abednego were quoted by George Fox as examples, having worn their hats when they were cast into the burning fiery furnace.

since hee left his family, which was about | Heaven, nor by Earth, nor by any other Oath, Three moneths last past. And beinge further but let your yea be yea, and your nay nay, lest demaunded how and by what meanes hee is ye fall into condemnation." supplyed with moneys for his lyvelyhood, in regard hee doth not worke, sayth hee hath enough of his owne to maintaine himself. And beinge demaunded by what authoritie hee goes upp and downe the Country, and gathers people togeather to withdraw them from their publique attendance on the preachinge of the Gosple and other religious duties performed by the ministers of Jesus Christ, sayth hee knoweth the nation gyves men free Libertie to meete togeather. And beinge demaunded where hee intendeth to goe from this towne, sayth, towards Bristow. And this examt beinge further demaunded if hee doe acknowledge the Trinitie of persons in the unitie of essence, and whether the Father bee God, the Son God, and the Spirit God, sayth hee owning on addressing the congregation, and eth the Father, Sonne, and Spirítt, but refuseth to gyve an answeare and will not say they are God. And this examt being tendred the oath of abiuration enjoyned by the Lord Protector by a late proclamation of 26th of Aprill last, denyeth to sweare at all, and will not take the said oath of Abjuration.

JOHN PAIGE, maior.
RI: SPURWELL.

After this the mayor must have remanded them again, and we find that they took the opportunity of addressing to his Worship another letter, pointing out the iniquity of swearing. It may be thought, perhaps, that the way in which they called God to witness was as decided an oath as kissing a book would have been. In fact, a Quaker named Thomas Courtis was actually fined by the Court of Quarter Sessions soon after this time for profane swearing, because he said "God is my wit: ness," and "I speak in the presence of God." The epistle begins thus, the word "friend" being no longer used:

John Page, Mayor of Plymouth.

Forasmuch as it hath pleased thee to cast us into Prison, and hast examined us, and hast found no breach of any Law, by which thou canst lawfully punish us; but under a pretence hast tendred us an Oath to swear against the Supremacy and Purgatory. We doe, in the presence of the Lord God of Heaven and Earth, deny the Pope and all things therein mentioned, with as much detestation as thou thyself, or any in the world can or doth, our consciences also bearing us witnesse, in the presence of our God, who is able to deliver us, although we are cast into a Prison; nay, if we be cast into a Den of Lyons, and a fiery Furnace, with the three Children, as you may read in Daniel, that would not fall down to worship the Image, neither will we disobey the Command of Jesus Christ, who saith, Swear not at all; and the Apostle James saith, "Above all things, my brethren, swear not, neither by

Their Worships of Plymouth saw plainly that it was a case for the Sessions. It was clear that the prisoners were Quakers, but it was not equally clear on what charge they could be committed. They had refused the oath of abjuration, but that was, I believe, a matter of summary jurisdiction rather than for committal. The ordinary offence committed by Quakers was penetrating into a "steeple-house," insist

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disturbing the minister." But in this case the minister had disturbed the Quakers. It was hardly safe to commit them on that charge only. Under these circumstances the mayor, or his legal adviser, bethought him of an ordinance made by the Lord Protector in the previous year "for preventing of Duells." So, after a few days' deliberation, the Quakers were the following mittimus : sent to the common gaol at Exeter under

Devon.

John Page, Merchant, Maior of the Burrough of Plymouth in the County aforesaid, and one of his Highnesse's Justices of the Peace within the said Burrough. To the keeper of his Highnesse's Gaol at Exon Castle, or to his lawfull deputy in that behalfe, bearer hereof the bodies of Thomas Salthouse greeting. I send you herewithall by the late of Drugglibeck in the County of Lancas ter, husbandman, and Miles Halhead late of Kendal in the County of Westmorland, lately apprehended here as disturbers of the public peace, and for divers other high misdemeanours against a late Proclamation prohibiting the disturbing of Ministers and other Christians in their assemblies and meetings, and against an Ordinance of his said Highness the Lord Protector and his Counsel lately made against Duells, Challenges, and all prov ocations thereunto, who have refused to give sufficient security for their personall appearance at the next general Sessions of the Peace to be held for the County of Devon, and in the meantime to be of good behaviour against his Highnesse the Lord Protector and all his liege people. These are therefore in his said Highness his name to will and command you that, when the bodies of the said Thomas Salthouse and Miles Halhead shall be unto you brought, you them safely detain, and keep them until by due course of law they shall be thence delivered. Hereof fail not at your perill.

Given under my hand and seal of Plymouth

aforesaid, the 28th day of May, in the year of | to vent their wicked Opinions, and discover our Lord God 1655.

JOHN PAGE, Mayor.

John Desborough was at this time the major-general in command of the Western District, and to him the prisoners and their friends determined to appeal. An answer, specifically denying every charge mentioned in the warrant, was drawn up and placed in his hands, with the following letter, which at any rate effectually disposes of the accusation of refusing to give security. Arthur Cotton was a man of good position and education, and a leading member of the Society of Friends in Devonshire until the reign of James the Second. He was a correspondent of William Penn. The readiness of the Quakers to suffer for one another was most remarkable from the very commencement of the society. A petition was presented to Parliament in 1659, by one hundred and sixtyfour of them, offering to suffer imprisonment in lieu of an equal number of Friends whose lives were endangered by their long confinement in filthy gaols and houses of

correction.

Letter to General Disbrow (sic):

their irregular Practises in the breach of
Peace, and disturbance of all good People.
Indeed, Sir, they hold many sad Opinions,
destructive to the true Religion, and power of
Godliness. I have hereby according to my
Duty given your Honour an account of what
passed here in reference to these men; I could
say much more in reference to their Examina-
tion, and discourse with them, but I fear I
have already trespassed upon your Honour's
patience in the perusal of these lines, and
this trouble, and doe most thankfully acknowl-
humbly desiring your excuse for giving you
edge your Honour's continued favours to this
place, and for which we stand very much
obliged, desiring your Honour still to retain
such an opinion of us, as those that desire to
doe nothing unbecoming Christians, and per-
sons that desire the welfare and peace of this
Common-wealth and Government, and shall
ever labour to appear
Your Honour's very Humble Servant,
JOHN PAGE, Mayor,

for myself and Brethren. Such was the way in which one of Cromwell's major-generals was addressed by the mayor of Plymouth. It may be doubted whether any of the Tudors were approached with greater servility.

Desborough gave the Quakers an opWe whose names are hereunto subscribed portunity of answering this letter, which doe testifie, That the severall particulars in they did with considerable sharpness, inthis Answer made by our friends are true (to forming the mayor that he had manifested wit) That they did not at all disturb the pub- himself to the children of light, by his lick Peace. Nor were they at any other Meet-flattering Major-General "Disbrow" in ing (but that which was appointed by us) to disturb any Ministers or other Christians in their Assemblies or Meetings. Nor are they guilty of any Challenges, Duells, and Provocations thereunto in the least Measure, whilst they were among us. And as for their refusal to give security, two of us, whose names are Robert Cary and Arthur Cotton, had given security to the Mayor, by entring into Recognisance for their appearance at the next Sessions, the day before their sending to Prison, but that the Town Clerk made it void the next day, pretending that it could not be according to Law.

This letter was signed by eleven Friends. It was no doubt forwarded to the mayor by Desborough, with a request for his remarks, and we have a humble letter from his worship in reply, dated June 1, 1655. He sends the general copies of the examinations of the Quakers, and assures him that

Their carriage here was not becoming men, much lesse Christians, and besides their contempt of authority, and all the while they were in Prison, they never sought God by prayer at any time, nor desired a blessing on any Creature they received, or gave thanks for them. ... They wander up and down in all parts,

feigned humility, and by his railing accusations against them, to be of the genera tion and spirit of Tertullus, who accused and informed the governor against the apostle Paul as a pestilent fellow, etc. The mayor had said they were offenders, "as I conceive." They reply," Thou hast laid open thine ignorance in imprisoning us because thou conceivest we are offenders, which indeed is nothing but thy conceiving.... Because thou conceivest we are offenders, doe we suffer; but thou makest thy conceiving a law to imprison us by." And so, having given the mayor the lie through two or three pages, they observe that they never render railing for railing, but in the spirit of love and meekness exhort him and his brethren to repent and fear to offend the Lord, and the least of them who believe in his name.

The author of the pamphlet uses still sion," and points out twelve distinct lies stronger language in "improving the occain the letter of his Worship, whose future destination he precisely defines, for "all lyars shall have their part in the lake that burneth with fire and brimstone, which is the second death."

The mayor thought it necessary to fortify his position by sending up some additional evidence to sessions. Two more depositions were annexed to the others. PLYMOUTH B.

The Examinacon of Jacobb Jennens of Ply: mouth, merchant, had and taken as aforsaid the 5th of June 1655.

inge there weare some Quakers att the house of one John Harris neere the old mills within the burrough of Plymouth, this deponent together with the said Brookes and Popham went into the said house to heare the said Quakers. And this deponent saw in a Garden belonginge to the said house about 70 persons, amonge whome weare three strangers which went by the name of Quakers. And, as this deponent hath been informed, their names were Thomas Salthouse, Myles Halehead, and Nicholas Gannicliffe, whome this deponent heard to speake to the people these words; That they should follow noe more their old Ministers, for they are those that will bringe them to destruccon, for they are Baall's preists, and there is that within a man that must carry him to heaven, and there is no neede of other teachinge. And this deponent further sayth, That the said Salthouse havinge ended his discourse without any prayer, that wee heard the said Mr. Brookes who is chaplinge aboard the "Nightingall" ffryggote open a place of Scripture (to the people) which was the 2 Cor. vi. I, in the openinge of which said Scripture the said Brookes did speake somethinge of the holy Trinitie. And after the said Brookes had done speakinge the said Thomas Salthouse did speake to the said Brookes, saying, Thou Lyest in sayinge there were Three persons in the Trinitie; I deny itt, there is noe such thinge, but thou art a deludinge spiritt come to drawe away the heartes of the people from God. And the said Salthouse did alsoe speake to the people they should not hearken to him, meaninge the said Brookes, for that hee was a theefe and was come with a Lie in his mouth, and had stollen what hee had from others, and had it in his

The said Examt sayth, that hee beinge in a Garden of one John Harris neere the old mills within the Burrough of Plymouth on Sabbath day the 20th day of May last heard Thomas Salthouse and Mylles Halhead that went by the name of Quakers speake these words to the people then present; That they should follow the Light of their owne minds and Consciences within them, and bee not deluded nor deceived by these teachers and Preachers as you call them) but follow the Light of your owne minds, for that will condeme you or save you. And the said examt sayth that all the tyme the said Saltehouse and Hallhead spake they had their hatts on their heads, and they did not pray beefore or after they spake to ye people. And this deponent farther sayth that after they had done speakinge, one Mr. Brookes that is Chapplayne of the "Nightingall" ffryggett spake somethinge to the people from that place of Scripture the 2 Cor. vi. I, speakinge of the Holy Trinitye. After hee had ended, the said Thomas Salthouse said to the said Brookes, Thou Lyest. And the said Brookes replyed, Wherin? And the said Saltehouse replyed, Thou hast said there are three persons in the Trinity, I tell thee thou Lyest, for there is noe such word as three persons in Trinity in the Scripture. And the said Brookes said, I will make it appeare. And this deponent sayth That the said Hale-hand, pointinge to the Bible that ye said heade sayed to the (said) Brookes, Thou art a theife for thou hast stollen that which thou hast brought in thy hand, meaninge the Byble that was in the said Brookes hand, as this deponent beeleiveth, for hee had a byble then in his hand, out of which he noted severall places of Scripture.

JOHN PAIGE, maior.
RI: SPURWELL.

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Brookes had then in his hand open. And the said deponent further saith, That he heard the said Myles Halehead speake the same words as aforsaid, and said severall tymes it was a Lye that the said Brookes had brought.

IO.

JOHN PAIGE, maior.
RI: SPURWELL.

The sessions began at Exeter on July

The first name on the list of justices present is John Disbrow, from which we may infer that the major-general took the chair on the occasion. Salthouse and Halhead were indicted for provoking George Brookes, though it is evident that the only duel likely to ensue was an oratorical one. Since the establishment of the Commonwealth indictments had been framed in English instead of Latin. As it is our object to give a complete example of the legal procedure of the period, we subjoin a copy of the "Indictement exhibited against, and read to them at the Sessions."

The Jurors for His Highnesse the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions

thereunto belonging, upon their Oaths doe present, That whereas, by an Ordinance of His Highnesse the Lord Protector, and his Counsell, bearing date the 29th day of June, in the year of our Lord one thousand six hundred fifty-foure, for preventing of Duells, and all occasions of challenges and quarrells, and | using any disgracefull provoking words or gestures tending to that effect, it was ordered, That no persons whatsoever should from and after the publishing of the said Ordinance, use any provoking words or gestures, whereby Quarrells or Challenges may arise, as by the said Ordinance may more at large appear. Neverthelesse Thomas Salthouse, late of Drugglybeck, in the County of Lancaster, HusBandman, and Miles Halhead of Kendall in the County of Westmorland, Husbandman, not fearing nor regarding the said Ordinance and the penalty therein contained, after the publishing of the said Ordinance, to wit, the twentieth day of May in the year of our Lord, one thousand six hundred fifty and five, at Plymouth in the County aforesaid, in the presence and hearing of divers honest persons of the Common-wealth of England there then being, did use divers disgracefull provoking words, and gestures, to George Brooks, Clerk in the "Nightingale" Friggot, he being then opening and declaring unto the said persons, a certain place of Scripture wherein the said George said something of the Holy Trinity, to wit, Thou, the said George Brooks meaning, lyest in saying there were Three persons in the Trinity, we doe deny, there is noe such thing, but thou art a deluding spirit come to draw away the hearts of the people from God. And further they the said Thomas Salthouse and Miles Halhead did further speak to the people then present, that they should not hearken to the said George Brooks, for that he was a Thief, and was come with a Lye in his mouth, and had stollen what he had from others, and had it in his hand, poynting to the Bible which was then in the said George Brooks his hand open. And further did say it was a lye which the said George Brooks had brought, and other harmes to the said George Brooks then and there did, contrary to the form of the said ordinance, against the peace publick.

Answer. We are willing to be tryed by this Bench, and desire that our accusers may be brought in, and that we may have liberty to speak for ourselves, and make our defence against the false accusations laid to our charge. Court. Will ye be judges of your own case? Jaylor, take them away.

This was done immediately.

There are copious comments on these proceedings, both by the defendants and the author of the pamphlet. With their usual obstinacy, the Quakers refused to adopt the form of words "to be tried by God and the country," and this was construed as contempt of court.

About an hour afterwards they were again called in, and required to take the oath of abjuration. As before, they refused to take it, and then proceeded to make a declaration which most people would consider as much an oath as the other.

Answer. In the presence of the eternall God, and before all this people, we doe deny, with as much detestation as any of you doth, the Pope, and his Supremacy, and the Purgatory, and all therein mentioned, and declare freely against it. And we doe not deny to swear because of any guilt that is upon us, but in obedience to the command of Christ, who saith, Swear not at all. And we will not come under the condemnation of an Oath for the liberty of the outward man.

After this they were sent back to prison. The next day they were brought up again and asked,

Brookes, in calling of him Thief, and be sorry Will ye confesse that ye wronged G. for it, and make him satisfaction?

Answer. One of us did not speak one word to him, and therefore I deny to make him sat isfaction, or to be sorry for it, and what was spoken was no such thing; therefore we will not lye for our liberty, nor confesse that we are sorry for that which we never spoke.

Court. You are fined five pound a piece, and must goe to the House of Correction till payment, and find sureties for your good bein-haviour; and for refusing to take the Oath, we shall take course to send to the North to seize on your Estates, according to the Proclamation.

For the manner of their trial we are again indebted to the pamphlet. The dictment having been read to them, they were asked whether they were guilty or not guilty.

Answer. We are not Guilty in what is there charged upon us.

Court. By whom will you be tryed? Answer. By you whom the Lord God of power hath set in Authority, to judge righteously between man and man, and to put a difference between the precious and the vile, and set the oppressed free, from whom we do expect justice and equity.

Court. Will ye be tryed by God and the Country?

Their names appear in the calendar as having used provoking words against George Brooks, clerk, and "refusing to be tryed by the countrey."

Such was the end of their trial, or rather of the proceedings which served instead of a trial. They were kept in the Bridewell more than a twelvemonth, and were still there when the pamphlet was written. They wrote long descriptions of their

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