Whether to be given with or without oath: the law requires an oath. F. H. Still evidence is and may be given in truth, according to the substance of the law, so that no detriment cometh unto any party, seeing that true testimony may be borne without an oath; and I did not speak of changing the law: yet seeing we never refused giving testimony, which answereth the intent and sub+ stance of the law, I judged it was reasonable to receive our testimony, and not to expose us to such sufferings, seeing we scrupled an oath only upon a conscientious account, in tenderness of conscience, for fear of breaking the command of Christ, the Saviour of the world, which if we do, there is none of you able to plead our cause for us with him. Judge. But why do you not go to church, but meet in houses and private conventicles, which the law forbids. F. H. We meet together only for the worship of the true God in Spirit and Truth, having the primitive Christians for our example, and to no other end, but that we may be edified, and God glorified; and when two or three are met together in the name of Christ, and he in the midst of them, there is a church. Judge. That is true: but how long is it since you have been at church? Or will you go to the church the law doth allow. of? Give me some reasons why you do not go. F. HI have many to give thee, if thou hast patience to hear me: first, God dwells not in temples made with mens' hands. Secondly, the parish house hath been a temple for idols, to wit, for the mass and the rood; and I dare have no fellowship with idols, nor worship in idols temples; for what have we to do with idols, their temples, 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. H. 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. or 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 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? Sure 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 saith he denies the indictment, and you see upon what ground. And then they called the jailor to witness and swear, that at 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 uight. 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, 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, cited very many ancient fathers, to shew, that for 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 timeservers, 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 they make shipwreck of 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 ery it up; so they are so unstable and wavering, that we cannot believe they |