Chapter XXXIX: Appendix: to VOL. I (7)

On the 20th of the First month called January, 1668-9, Francis Howgill, after a sickness of nine days, died in the prison at Appleby, where he had been kept above five years. During his sickness he was in perfect good understanding, and often very fervent in prayer, uttering many comfortable expressions, to the great refreshment of those about him. He was often heard to say, ‘That he was content to die, and praised God for the many sweet enjoyments and refreshments he had received in that his prison-house-bed, whereon he lay, freely forgiving all who had a hand in his restraint.’ And said he, ‘This was the place of my first imprisonment for the truth, here at this town, and if it be the place of my laying down the body, I am content.’ Several persons of note, inhabitants of Appleby, as the mayor, and others, came to visit him; and some of these praying that God might speak peace to his soul, he returned, ‘he hath done it.’ About two days before his departure, being attended by his wife, and several of his friends, he said to them: ‘Friends, as to matter of words, ye must not expect much more from me, neither is there any great need of it, or to speak of matters of faith to you who are satisfied: only that ye remember my dear love to all friends who inquire of me; for I ever loved friends well, or any in whom truth appeared. Truly God will own his people, as he hath ever hitherto done, and as we have daily witnessed; for no sooner had they made the act of banishment, to the great suffering of many good friends, but the Lord stirred up enemies against them, whereby the violence of their hands was taken off. I say, again, God will own his people, even all those that are faithful. And as for me, I am well, and content to die. I am not at all afraid of death; but one thing was of late in my heart, and that I intended to have written to George Fox and others, even that which I have observed, viz. that this generation passeth fast away; we see many good and precious friends within these few years have been taken from us; and therefore friends had need to watch, and be very faithful, that we may leave a good, and not a bad savour, to the next succeeding generation; for we see that it is but a little time that any of us have to stay here.’ A few hours before he departed, some friends from other places being come to visit him, he inquired about their welfare, and prayed fervently, with many heavenly expressions, that the Lord by his mighty power, might preserve them out of all such things as would spot and defile. His voice then, by reason of his great weakness failed him, and a little after he recovering some strength, said, ‘I have sought the way of the Lord from a child, and lived innocently as among men; and if any inquire concerning my latter end, let them know that I die in the faith in which I lived, and suffered for.’ After these words, he spoke some others in prayer to God, and so sweetly finished his days in peace with the Lord, in the fiftieth year of his age.

He left a good name behind him amongst all who knew him.--Sometime before his sickness, considering this mutable state, and finding in himself some decay of nature, he made his will, in which, as his love was very dear to his brethren, with whom he had laboured in the ministry, so he gave to each of them a remembrance of his love; he left also a legacy to his poor friends in those parts where he lived.

For although his moveable goods were forfeited to the king for ever, yet the confiscation of his real estate was only for life; so that from thence having something left, he could dispose of it by his will.

During his imprisonment, he neglected not to comfort and strengthen his brethren by writing, effecting that by his pen, which he could not by word of mouth: he also defended his doctrine against those who opposed the same; and among others, he wrote a large treatise against oaths, contradicting the opinion of those who account it lawful to swear under the gospel.

About two years before his decease, he wrote an epistle of advice and counsel as his last will and testament to his daughter Abigail, a child whom he much loved, who was born in a time of deep exercises and trouble, which nevertheless by the Lord’s goodness he was patiently brought through; wherefore he named this child Abigail, signifying, the father’s joy. In this testament he gave her instructions for the future conduct of her life, the beginning whereof is thus:

‘Daughter Abigail, this is for thee to observe and keep, and
take heed unto all the days of thy life, for the regulating
thy life and conversation in this world, that thy life may be
happy, and thy end blessed, and God glorified by thee in thy
generation. I was not born to great possessions, or did inherit
great matters in this world; but the Lord hath always endowed me
with sufficiency and enough, and hath been as a tender father
unto me, because my heart trusted in him, and did love the way
of righteousness from a child. My counsel unto thee is, that
thou remember thy Creator in the days of thy youth, and fear
the Lord in thy youth, and learn to know him and serve him all
thy days: first seek the kingdom of God and the righteousness
thereof; it is not far from thee, it is within thee; it consists
in life and power, and it stands in righteousness, truth, and
equity, justice, mercy, long-suffering, patience, love, light,
and holiness, this is the being and centre thereof; therefore
seek not lo here, or lo there without thee, in this or that
outward observation, for many seek there and never find it; but
seek and thou shalt find, wait and thou shalt receive. If thou
inquire, in what must I seek? and what must I wait in? and how
must I seek? I inform thee, that thou must silence all thy own
thoughts, and thou must turn thy mind to that which is pure, and
holy, and good within thyself, and seek and wait in that in the
light of Jesus Christ, wherewith thou art enlightened, which
shows thee when thou dost evil, and checks and reproves; take
heed unto that, and it will show the evil motions and thoughts;
and as thou lovest it, it will subdue them, and preserve thee
for the time to come out of evil: for though thou be born into
the world a reasonable creature, yet thou must be born again,
and be made a new creature, or else thou canst not enter into
God’s kingdom; thou must know the seed of the kingdom in thyself,
of which thou must be born and formed again into God’s image.
I have told thee God hath sown it in thee, a grain of it, a
measure of it, a portion of it, a measure of light and truth, of
righteousness and holiness; keep in thy mind to that, and love
it, and thou wilt feel the heavenly Father working in thee, and
begetting thee to life through Jesus Christ that hath enlightened
thee, and thou wilt feel the power of the Lord strengthening
thee, in thy little, and making thee to grow in the immortal
seed of his kingdom, and outgrow and overgrow all evil, so that
thou wilt daily die to that, and have no pleasure in it, but
in the Lord, and in his goodness and virtue shed abroad in thy
heart, which thou wilt taste and feel within, and have joy and
comfort therein: love the Lord with thy heart and soul, even
him that made thee, and gave thee a being, and all things in
heaven and earth; and still wait for the knowledge of him in
thyself, he is not far from thee, but near unto thee, and unto
all that call upon him in an upright heart; and do thou inquire
of thy dear mother, she will inform thee, she knows him, and
the way to life and peace, and hearken to her instruction: God
is a spirit, of light, and life, and power, that searcheth the
heart, and shows thee when thou dost, or thinkest, or speakest
evil, and shows unto man or woman their thoughts. That which
shows the evil, is good, and that which shows a lie, is truth;
this is within, take heed to it, this is called God’s spirit in
the Scriptures, believe in it, love it, and it will quicken thy
heart to good, and it will subject the evil: here is thy teacher
near thee, love it, and if thou act contrary, it will condemn
thee; therefore take heed unto this spirit of truth, and it will
enlighten and enliven thee, and will open thy understanding,
and give thee to know what God is, and to do that which is good
and acceptable in his sight; this spirit never errs, but leads
out of all error into all truth. Be sober-minded in thy youth,
and wait on the Lord within, hearken unto him. God is light
immortal, life immortal, truth immortal, an everlasting eternal
Spirit: he speaks spiritually and invisibly within the hearts
and consciences of men and women: hear what he speaks, and obey
his voice, and thy soul shall live; fear to offend him, or sin
against him, for the wages of sin are death; therefore prize
his love in thy young and tender years, and do thou read the
Scriptures and Friends’ books, and take heed to what thou readest
to obey it, as far as thou understandest; and pray often unto
the Lord, that he will give thee his knowledge, and open thy
understanding in the things of his kingdom; search thy heart
often with the light of Christ in thee, manifest and bring thy
deeds to it, that they may be tried; and examine thyself how the
case stands betwixt the Lord and thee; and if thou seest thyself
wrong, humble thyself, and be sorry, and turn unto him, and he
will show thee mercy; and take heed for the time to come, that
thou run not into the same evil again; keep thy heart clean,
watch against the evil in thyself, in that which shows it;
therein there is power, and thereby thou hast power to overcome
all evil. And, dear child, mind not the pleasures of sin, which
are but for a moment, and the end is misery; but keep under and
cross thy will and affection, so thy mind will have no pleasure
in the evil, but in good; and thou wilt feel the immortal seed
springing up in thee, which God’s peace and love is to. O child!
these are great and weighty things, not to be slighted. Accompany
thyself always with them that fear the Lord, and fear and worship
him in spirit and truth, and lead a holy and blameless life and
conversation; deny them not, but love them, and suffer with them.
Take heed that thou follow not the hireling teachers, who preach
for gain and lucre, and abide not in Christ’s doctrine; believe
them not, heed them not, they do people no good; but thou
wilt see them thyself, they have an outside show of godliness
sometimes, but deny the power of God and true holiness; remember
I have told thee, who have had perfect knowledge of them. But be
sure that thou let nothing separate thy love from God and his
people; those are his people that keep his law, and obey Christ’s
voice, and lead a holy life, and they were ever hated and belied,
and persecuted, and evil-spoken of, always by bad and evil loose
people; these are God’s people, and his love, and peace, and
blessing is with them; do thou grow as a natural branch, (up
among them,) of the living vine, and continue all thy days in
obedience unto God’s will, and thou wilt feel joy and love in thy
heart, which above all things covet after, and thou shalt attain
and obtain everlasting peace, which the Lord grant unto thee,
according to the riches of his mercy and love, which endure for
ever and ever. Amen.

‘And now, Abigail, concerning thy well-being in this life, this
is my advice and counsel unto thee; love thy dear mother, and
ever obey her and honour her, and see thou grieve her not; be not
stubborn nor wilful, but submit unto her, and be as an obedient
child unto her, whose love and care hath been too great over
thee and thy sisters, which hath brought too much trouble upon
herself; learn in thy youth to read and write, and sew and knit,
and all points of good labour that belong to a maid, and flee
idleness and sloth, that nourisheth sin; and as thou growest up
in years, labour in the affairs of the country, and beware of
pride, and riotousness, and curiosity, but be well content with
such apparel as thy mother will permit thee, that thou mayest be
a good example unto others. Be not wanton, nor wild, nor light,
but temperate, moderate, and chaste, and not forward in words,
nor speech, but swift to hear, slow to speak; and do thou always
live with thy mother, and be a help unto her, and cherish her in
her old age and latter years, that she may be comforted in thee,
and her soul may bless thee. Love thy sisters, and be always
courteous to them and thy brother, encourage one another in good:
and if thou live to be a woman of perfect years, keep thyself
unspotted, and let not thy mind out after sports nor pastimes,
the end of all those is sorrow: neither after young men; if thou
have a desire to marry, do not thou seek a husband, but let a
husband seek thee; and if thou live in God’s fear, and an honest
life and virtuous, them that fear God will seek unto thee; let
not thy affections out unto every one that proffers love, but
be considerate, and above all things, choose one, (if thou dost
marry,) that loves and fears the Lord, whose conversation and
manner, and course of life, thou knowest well, before thou give
consent. Be discreet and wise, hide nothing from thy mother,
and she will advise thee, no doubt, for thy good; and if she be
living, marry not without her consent: and if thou join to a
husband, be sure thou love him in thy heart, and be obedient unto
him, and honour him among all, so will his heart be more to thee,
and his love increase; grieve him not, but be gentle, and easy
to be intreated, and mind thy own business; and if the Lord give
thee children, bring them up in God’s fear, and good exercise,
and keep them in subjection unto thee, and be an example of
virtue and holiness unto them, that the Lord’s blessing thou
mayest feel in youth and in age, and all thy life long. O
Abigail! remember these things, keep in mind these things, read
often this writing over, get it copied over, and lay up my words
in thy heart, and do them, so wilt thou be happy in this life,
and in the life to come: these things I give thee in charge to
observe, as my mind and will, and counsel unalterable unto thee,
as witness hereof I have set my hand,

Thy dear father,
FRANCIS HOWGILL.’

The 26th of the 5th Month, 1666.

In the beginning of this year the members of this society, held a general Yearly-meeting at London, which since that time, hath been used to be held there annually, in the week called Whitsun-week,[39] because at that time of the year it is commonly best travelling, &c. Several are deputed from all places to this meeting, and what concerns the church in general, is there treated on.

[39] It hath since been fixed to be held on the Second-day
immediately following the third First-day in the 5th month.

Persecution for religion seemed now to be at a stand, which displeased some of the most rigid sort of churchmen, which we not only have already, but may again in due place demonstrate.

About this time, as I take it, a certain bishop said occasionally, that the Quakers by their unlimited freedom, increased much, and therefore it was very needful to take care of them, seeing they often had much greater assemblies than the national church; ‘For,’ said he, ‘at such a time I preached myself, and there were but a few hearers, when at the same time the Quakers’ meeting just by was crowded full;’ and thereupon he desired them to consider whether it was not high time to stop these sectaries? After he had set forth his matter at large, another lord then present among others, said, that indeed it seemed that the lord bishop had spoken what was very reasonable, that the sectaries had often more hearers than the national church-preachers, and that it was not strange to him that it displeased him, since he took so much upon himself: ‘For,’ said he, ‘his lordship observed, that he preached himself; and the professed Quakers, who had such great assemblies, preached Christ Jesus, and therefore no wonder that they had the more hearers.’ This was such a witty turn upon the bishop, as no doubt made him so sensible as not to think fit to enter upon the debate in a doubtful dispute, for it is observable, this lord’s turn upon the bishop was chiefly to stop him from promoting persecution.

This spring G. Fox travelling to York, went through several other places in the North of England; and although he came near to his old enemy, colonel Kirby, who had a fit of the gout, and had threatened him, yet he passed on unmolested. So he went to Liverpool, whence he, with some of his friends, passed over for Ireland: among others, were Thomas Briggs and John Stubbs; and being arrived at Dublin, he was kindly received by his friends; and journeying into the country, he met with no small opposition from the Papists, of whom there are many there. Being come to a certain place, he challenged the jesuits, priests, and monks, to try whether their god, which they make of a wafer, be an immortal god, but they could not be brought to it; wherefore he said, they were worse than Baal’s priests, for Baal’s priests tried their god. Then he went to Cork, where they had knowledge of his coming, and intended to take him prisoner; for the Quakers in Ireland were many years sharply persecuted, as their brethren were in England, of which to mention all circumstances it would make a very large treatise. At this time there were many prisoners at Cork, among whom was Samuel Thornton, with whom I was well acquainted, who being met with his friends in a chamber one First-day, the officer Quinnal came and shut the door of the room, and locked them in, to the number of eighty persons, and carried the key to the mayor, Matthew Dean, who gave order that there should neither victuals nor drink be carried to them, and they could only get what was pulled up with ropes through the grate, or thrown in through a hole: under this chamber the soldiers were ordered to keep guard, that none might get away, and they made so great a smoke, that many of the prisoners were sick, among whom were some weakly old people, and some women with child, and nurses, who were almost stifled; and complaint thereof being made to the mayor, he answered in a scoffing manner, ‘They are all brethren and sisters, let them lie upon one another; and if they are stifled it is their own fault.’ Thus they were kept twenty-four hours, and afterwards some of them made prisoners.

Solomon Eccles, whom I also knew very well, was this year in prison at Gallaway in Ireland, where he was put, by a strange accident. He was an extraordinary zealous man, and what he judged evil he warmly opposed, even to the hazard of his life. This zeal led him to perform a strange action in a chapel of the Papists without the town; for he went naked above his waist, with a chafing-dish of coals and burning brimstone on his head, and entered the chapel when all the people were on their knees to pray to their idol, and spoke as followeth: ‘Wo to these idolatrous worshippers! God hath sent me this day to warn you, and to show you what will be your portion except you repent.’ Which when he had done, he went away to the town, where he was presently made a prisoner. What the benefit of this strange action might be, I leave.

Amongst the martyrs of the reformed, we find some instances of persons zealous to a strange degree, as of William Gardiner at Lisbon, and Bertrand le Blas at Tournay, whose actions were not less remarkable; for this last, his snatching the host from the priest in their church as they were at mass, was certainly a bold attempt, and not praiseworthy, if it was only an act of human contrivance; but I shall leave the judgment thereof unto God, as I account it safest, and the rather, because under the sharpest punishment they could inflict, they seemed not to shrink, but rather to be strengthened. However so sharp a trial did not fall to Eccles’s portion, and I think it safer not to judge hastily of this uncommon performance. He was, to my knowledge, a bold and undaunted man, and before this action in the chapel, as above, he did something of a like nature at London at the fair-time, amongst the plays, where he suffered much by the coachmen whipping him grievously on his naked back; but that could not lay his fervent zeal, which was kindled not only against the immodest and ungodly carriage of the pretended fools, but also against those other vanities there used. To what height his zeal carried him, the following instance will show: he who had been a member of the church of England, and then went to the Presbyterians, and afterwards among the Independents, and after that was a Baptist, had been an eminent musician, so that by his art he could get near 150_l._ a-year; but at last being a Quaker, he could not follow for conscience-sake, what he now called his Babylonish trade of music: wherefore he learned to make clothes to get his living by, and sold his musical books and instruments; but, as he declared, he had no peace in his conscience; for observing them to be instruments of vanity, he judged they ought to be destroyed, and therefore bought them again, although they were worth above 20_l._ and carried them, viz. virginals, fiddles, &c. to Tower-hill, where laying them together, he set fire to them; but when some who were by, endeavoured to hinder him, and to get one of the virginals away, he stamped upon it with his foot, and would not rest until he had destroyed it; and after that he said, he found peace in his conscience, having made an offering of that which he once entirely loved, and in the use of which he was educated; for not only his father and grandfather, but his grandfather’s father had been musicians, and he himself had the name of an eminent music-master.

Another account we have of his strange zeal: when he saw how the Quakers were belied by William Burnet, Jeremy Ives, and Matthew Kiffin, teachers amongst the Baptists, as if they believed not in Christ nor the resurrection, he challenged all the teachers, and priests, and jesuits, openly in a book which he printed, to come to a proof with him, who were the true worshippers; first, to fast seven days and seven nights, and neither to eat nor drink; and then the next seven days not to sleep day nor night; but we may well think that none were to be found to enter the lists with him, nor to put themselves on such a test; and although some reckoned him out of his wits, yet he was not, for I remember the time very well, and had many an opportunity both to see and to hear him speak.

I now return to G. Fox at Cork in Ireland, where they intended to take him, nevertheless they let him go unmolested, although he rode through the market, by the mayor’s door, who not only saw him, but said, ‘There goes G. Fox,’ and yet he let him pass quietly. After he had travelled through many places in Ireland, he came again to Dublin, from whence he returned to England, and coming into Gloucestershire, he heard at Nailsworth of a report which had been spread abroad in the country, that he was turned Presbyterian, and they had prepared a pulpit for him in the open yard, where he was to preach. G. Fox hearing this, thought it very strange, whereupon he went to the place spoken of, where he indeed found a pulpit; but the case was this: a certain Presbyterian preacher, named John Fox, who went preaching about the country, was to preach there, and it seems some had changed his name from John to George, whereupon it was reported that he was turned from being a Quaker, to be a Presbyterian: this begat so great a curiosity in the people, that many went thither to hear this Quaker turned Presbyterian; so this John Fox came to have a great auditory of several hundreds, who would not have went a foot to have heard him, had they known it. Now some hundreds of them hearing afterwards that the real G. Fox was not far off at a meeting, they went thither and were sober and attentive; where they were by him directed to the grace of God in themselves, which would teach them and bring them salvation. And when the meeting was over, some of the people said, they liked George Fox the Quaker’s preaching, better than G. F. the Presbyterian. Not long after this John Fox was complained of in the house of commons, for having a tumultuous meeting, in which treasonable words were spoken. This John Fox had formerly been priest of Marshfield in Gloucestershire, and being put out of that place, was afterwards permitted by a common-prayer priest to preach sometimes in his steeple-house; at length this Presbyterian priest presuming too far upon the parish priest’s former grant, began to be more bold than welcome, and would have preached there whether the priest would or not; which caused a great bustle and contest between the two priests, and their hearers on either side, in which the common-prayer book was cut to pieces, and it is said some treasonable words were then spoken, by some of the followers of this John Fox; which case was quickly put into the newspapers, and some malicious Presbyterians caused it to be so worded as if it had proceeded from G. F. the Quaker, but some members of the house of commons certified it under their hands, that it was John Fox, formerly priest of Marshfield, who was complained of to be the ringleader of that unlawful assembly.

After this G. F. travelled to Bristol, where he met with Margaret Fell, then a widow, who came thither to visit her daughter Yeomans. He had before this intimated to her his affection, and proposed to take her in marriage at a suitable time; but though he had a sense in himself, it was of the Lord, yet he did not at first find a freedom to accomplish the same, but all obstructions being now removed, he so proposed the matter, that if she was willing to give her consent, that the same should be accomplished, she might first send for her children; who being come, he asked both her daughters and their husbands, whether they had any thing against his taking their mother to be his wife? And they all severally expressed their satisfaction therein. Then he asked Margaret, whether she had performed her husband’s will? And the children, whether, if their mother married, they should lose by it? The children said, she had answered it to them, and desired him to speak no more of that. So observing they were all well satisfied, he proceeded in his marriage, and took Margaret Fell to wife in a public meeting of friends in Bristol. She was a woman of a noble endowment, and this I know not only by her writings, but I have also heard her preach an hour together, delivering her matter compactly and orderly.

G. F. being married, he stayed with his wife about a week in Bristol, and then they went together to Oldstone, and there taking leave of each other, they parted, she went homeward into the north, and he travelled through Wiltshire, Berkshire, Oxfordshire, Bucks, and so to London: for although now he had a wife, yet he did not neglect his care towards the churches, all the nation over, in the gift which he had received of God, both in word and writing to their edification, and among the rest he had a special regard, that the poor might be taken care of, to which end he wrote an epistle in London, to this effect, that poor children should be put forth apprentices to trades, whereby in time, they might help their aged parents, and enable them to bring up their families, and maintain themselves handsomely.

1670.

G. Fox stayed not long in London; but the year 1670 being now come, he travelled through Hertfordshire, Cambridgeshire, Huntingdonshire, and Leicestershire, where he expected to have met with his wife; for he had wrote her word, if she found it convenient, to meet him there; but instead thereof he understood she was hauled out of her house and carried to Lancaster prison, upon the old premunire, which was executed upon her five years before, from which she was discharged by order of the king and council the last year. Wherefore, after he had visited friends in those counties, he returned to London, where he found two of his wife’s daughters, whom he hastened to go to the king, to acquaint him how their mother was dealt with, which they did, but met with much difficulty; yet they diligently attended the same, as it behoved them for their mother, who was a mother or overseer of the church also, and therefore of the greater concern; but at last through assiduous application, they got to the speech of the king, to whom one of them said, that instead of their waiting upon him to return him thanks for the discharge of their mother, they were now necessitated to make complaint of their mother’s being cast into prison a second time! Whereupon the king gave command to sir John Otway, to write to the sheriff of Lancashire, to set her at liberty, which letter G. F. accordingly hastened his daughters with into the country.

* * * * *

The parliament now sitting, made a law, entitled, An Act to prevent and suppress seditious conventicles, which is as follows:

For providing further and more speedy remedies against the
growing and dangerous practices of seditious sectaries, and other
disloyal persons, who under pretence of tender consciences,
have or may at their meetings contrive insurrections, (as
late experience hath shown,) (2) 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 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 tenth day of May next, shall be
present at any assembly, conventicle, or meeting, under colour
or pretence of an exercise of religion, in other manner than
according to the liturgy and practice of the church of England,
in any place within the kingdom of England, dominion of Wales,
or town of Berwick-upon-Tweed, at which conventicle, meeting, or
assembly, there shall be five persons or more assembled together,
over and besides those of the same household, if it be in a house
where there is a family inhabiting; or if it be in a house,
field, or place where there is no family inhabiting; then where
any five persons or more, are so assembled, as aforesaid, it
shall and may be lawful to and for any one or more justices of
the peace of the county, limit, division, corporation or liberty,
wherein the offence aforesaid shall be committed, or for the
chief magistrate of the place where the offence aforesaid shall
be committed; and he and they are hereby required and enjoined
upon proof to him or them respectively made of such offence,
either by confession of the party, or oath of two witnesses;
(3) (which oath the said justice and justices of the peace, and
chief magistrate respectively, are hereby empowered and required
to administer,) or be notorious evidence and circumstance of the
fact, to make a record of every such offence under his or their
hands and seals respectively: which record so made, as aforesaid,
shall to all intents and purposes be in law taken and adjudged
to be a full and perfect conviction of every such offender for
such offence: and thereupon the said justice, justices, and chief
magistrate respectively, shall impose on every such offender
so convicted, as aforesaid, a fine of five shillings for such
first offence: which record and conviction shall be certified
by the said justice, justices, or chief magistrate, at the next
quarter-sessions of the peace, for the county or place where the
offence was committed.

II. And be it further enacted by the authority aforesaid, that
if such offender so convicted, as aforesaid, shall at any time
again commit the like offence or offences, contrary to this act,
and be thereof in manner aforesaid convicted, then such offender
so convict of such like offence or offences shall for every such
offence incur the penalty of ten shillings; (2) which fine and
fines, for the first and every other offence, shall be levied by
distress and sale of the offender’s goods and chattels; or in
case of the poverty of such offender, upon the goods and chattels
of any other person or persons who shall be then convicted in
manner aforesaid of the like offence at the same conventicle, at
the discretion of the said justice, justices or chief magistrate
respectively, so as the sum to be levied on any one person in
case of the poverty of other offenders, amount not in the whole
to above the sum of ten pounds, upon occasion of any one meeting,
as aforesaid; (3) and every constable, headborough, tithingman,
churchwardens, and overseers of the poor respectively, are hereby
authorized and required to levy the same accordingly, having
first received a warrant under the hands and seals of the said
justice, justices, or chief magistrate respectively, so to do;
(4) the said monies so to be levied, to be forthwith delivered
the same justice, justices, or chief magistrate, and by him or
them to be distributed, the one third part thereof to the use
of the king’s majesty, his heirs and successors, to be paid to
the high sheriff of the county for the time being, in manner
following; that is to say, the justice or justices of peace shall
pay the same into the court of the respective quarter-sessions,
which said court shall deliver the same to the sheriff, and make
a memorial on record of the payment and delivery thereof, which
said memorial shall be a sufficient and final discharge to the
said justice and justices, and a charge to the sheriff, which
said discharge and charge shall be certified into the exchequer
together, and not one without the other: and no justice shall or
may be questioned or accountable for the same in the exchequer or
elsewhere, than in quarter-sessions; another third part thereof
to and for the use of the poor of the parish where such offence
shall be committed; and the other third part thereof to the
informer and informers and to such person and persons as the said
justice, justices or chief magistrate respectively shall appoint,
having regard to their diligence and industry in the discovery,
dispersing and punishing of the said conventicles.

III. And be it further enacted by the authority aforesaid, that
every person who shall take upon him to preach or teach in any
such meeting, assembly or conventicle, and shall thereof be
convicted, as aforesaid, shall forfeit for every such first
offence the sum of twenty pounds, to be levied in manner
aforesaid upon his goods and chattels; (2) and if the said
preacher or teacher so convicted, be a stranger, and his name and
habitation not known, or is fled, and cannot be found, or in the
judgment of the justice, justices or chief magistrate before whom
he shall be convicted, shall be thought unable to pay the same,
the said justice, justices, or chief magistrate respectively, are
hereby empowered and required to levy the same by warrant, as
aforesaid, upon the goods and chattels of any such persons who
shall be present at the same conventicle; any thing in this or
any other act, law, or statute to the contrary notwithstanding;
and the money so levied, to be disposed of in manner aforesaid:
(3) and if such offender so convicted as aforesaid, shall at any
time again commit the like offence or offences contrary to this
act, and be thereof convicted in manner aforesaid, then such
offender so convicted of such like offence or offences, shall
for every such offence, incur the penalty of forty pounds, to be
levied and disposed, as aforesaid.

IV. And be it further enacted by the authority aforesaid, that
every person who shall wittingly and willingly suffer any such
conventicle, meeting, or unlawful assembly aforesaid, to be held
in his or her house, outhouse, barn, yard, or backside, and be
convicted thereof in manner aforesaid, shall forfeit the sum
of twenty pounds, to be levied in manner aforesaid, upon his
or her goods and chattels; or in case of his or her poverty or
inability, as aforesaid, upon the goods and chattels of such
persons who shall be convicted in manner aforesaid, of being
present at the same conventicle; and the money so levied, to be
disposed of in manner aforesaid.

V. Provided always, and be it enacted by the authority aforesaid,
that no person shall by any clause of this act be liable to pay
above ten pounds for any one meeting, in regard of the poverty of
any other person or persons.

VI. Provided also, and be it further enacted, that in all cases
of this act, where the penalty or sum charged upon any offender
exceeds the sum of ten shillings, and such offender shall find
himself aggrieved, it shall and may be lawful for him within
one week after the said penalty or money charged shall be paid
or levied, to appeal in writing from the person or persons
convicting, to the judgment of the justices of the peace in their
next quarter-sessions, (2) to whom the justice or justices of the
peace, chief magistrate, or alderman, that first convicted such
offender, shall return the money levied upon the appellant, and
shall certify under his and their hands and seals the evidence
upon which the conviction passed, with the whole record thereof,
and the said appeal: (3) whereupon such offender may plead and
make defence, and have his trial by a jury thereupon: (4) and
in case such appellant shall not prosecute with effect, or if
upon such trial he shall not be acquitted, or judgment pass not
for him upon his said appeal, the said justices at the sessions
shall give treble costs against such offender for his unjust
appeal: (5) And no other court whatsoever shall intermeddle with
any cause or causes of appeal upon this act, but they shall be
finally determined in the quarter-sessions only.

VII. Provided always, and be it further enacted, that upon the
delivery of such appeal, as aforesaid, the person or persons
appellant shall enter before the person or persons convicting,
into recognizance, to prosecute the said appeal with effect: (2)
which said recognizance the person or persons so convicting is
hereby empowered to take, and required to certify the same to the
next quarter-sessions: (3) and in case no such recognizance be
entered into, the said appeal to be null and void.

VIII. Provided always, that every such appeal shall be left with
the person or persons so convicting, as aforesaid, at the time of
the making thereof.

IX. And be it further enacted by the authority aforesaid,
that the justice, justices of the peace, and chief magistrate
respectively, or the respective constables, headboroughs, and
tithingmen, by warrant from the said justice, justices, or chief
magistrate respectively, shall and may with what aid, force and
assistance they shall think fit, for the better execution of this
act, after refusal or denial to enter, break open, and enter
into any house or other place, where they shall be informed any
such conventicle, as aforesaid, is or shall be held, as well
within liberties as without: (2) and take into their custody
the persons there unlawfully assembled, to the intent they
may be proceeded against according to this act: (3) and that
the lieutenants or deputy-lieutenants, or any commissionated
officer in the militia, or other of his majesty’s forces,
with such troops or companies of horse and foot; and also the
sheriffs, and other magistrates and ministers of justice, or
any of them, jointly or severally, within any of the counties
or places within this kingdom of England, dominion of Wales, or
town of Berwick-upon-Tweed, with such other assistance as they
shall think meet, or can get in readiness with the soonest, on
certificate made to them respectively under the hand and seal
of any one justice of the peace or chief magistrate, of his
particular information or knowledge of such unlawful meeting or
conventicle held, or to be held in their respective counties or
places, and that he with such assistance as he can get together,
is not able to suppress and dissolve the same, shall and may, and
are hereby required and enjoined to repair unto the place where
they are so held, or to be held, and by the best means they can,
to dissolve, dissipate or prevent all such unlawful meetings, and
take into their custody such and so many of the said persons so
unlawfully assembled as they shall think fit, to the intent that
they may be proceeded against according to this act.

X. Provided always, that no dwelling-house of any peer of this
realm, where he or his wife shall then be resident, shall be
searched by virtue of this act, but by immediate warrant from
his majesty, under his sign manual, or in the presence of the
lieutenant, or one deputy-lieutenant, or two justices of the
peace, whereof one to be of the quorum, of the same county or
riding.

XI. And be it further enacted by the authority aforesaid, that
if any constable, headborough, tithingman, churchwarden or
overseer of the poor, who shall know, or be credibly informed
of any such meetings or conventicles held within his precincts,
parishes, or limits, and shall not give information thereof to
some justice of the peace, or the chief magistrate, and endeavour
the conviction of the parties according to his duty; but such
constable, headborough, tithingman, churchwarden, overseers of
the poor, or any person lawfully called in aid of the constable,
headborough, or tithingman, shall wilfully and wittingly omit the
performance of his duty, in the execution of this act, and be
thereof convicted in manner aforesaid, he shall forfeit for every
such offence, the sum of five pounds, to be levied upon his goods
and chattels, and disposed in manner aforesaid: (2) and that if
any justice of the peace, or chief magistrate, shall wilfully
and wittingly omit the performance of his duty in the execution
of this act, he shall forfeit the sum of one hundred pounds,
the one moiety to the use of the informer, to be recovered by
action, suit, bill, or plaint, in any of his majesty’s courts
at Westminster, wherein no essoign, protection, or wager of law
shall lie.

XII. And be it further enacted by the authority aforesaid, that
if any person be at any time sued for putting in execution any
of the powers contained in this act, otherwise than upon appeal
allowed by this act, such person shall and may plead the general
issue, and give the special matter in evidence; (2) and if the
plaintiff be non-suit, or a verdict pass for the defendant, or
if the plaintiff discontinue his action, or if upon demurrer
judgment be given for the defendant, every such defendant shall
have his full treble costs.

XIII. And be it further enacted by the authority aforesaid,
that this act, and all clauses therein contained, shall be
construed most largely and beneficially for the suppressing of
conventicles, and for the justification and encouragement of all
persons to be employed in the execution thereof: (2) and that no
record, warrant, or mittimus to be made by virtue of this act,
or any proceedings thereupon, shall be reversed, avoided, or any
way impeached by reason of any default in form. (3) And in case
any person offending against this act, shall be an inhabitant in
any other county or corporation, or fly into any other county or
corporation after the offence committed, the justice of peace or
chief magistrate before whom he shall be convicted as aforesaid,
shall certify the same under his hand and seal, to any justice
of peace or chief magistrate of such other county or corporation
wherein the said person or persons are inhabitants, or are fled
into; (4) which said justice or chief magistrate respectively, is
hereby authorized and required to levy the penalty or penalties
in this act mentioned, upon the goods and chattels of such person
or persons, as fully as the said other justice of peace might
have done, in case he or they had been inhabitants in the place
where the offence was committed.

XIV. Provided also, that no person shall be punished for any
offence against this act unless such offender be prosecuted for
the same within three months after the offence committed. (2) And
that no person who shall be punished for any offence by virtue of
this act, shall be punished for the same offence by virtue of any
other act or law whatsoever.

XV. Provided, and be it further enacted by the authority
aforesaid, that every alderman of London for the time being,
within the city of London, and the liberties thereof, shall have,
(and they and every of them are hereby empowered and required to
execute,) the same power and authority within London, and the
liberties thereof, for the examining, convicting, and punishing
of all offences within this act committed within London, and the
liberties thereof, which any justice of peace hath by this act in
any county of England, and shall be subject to the same penalties
and punishments, for not doing that which by this act is directed
to be done by any justice of peace in any county of England.

XVI. Provided, and be it enacted by the authority aforesaid,
that if the person offending, and convicted as aforesaid, be a
feme-covert, cohabiting with her husband, the penalties of five
shillings, and ten shillings, so as aforesaid incurred, shall be
levied by warrant, as aforesaid, upon the goods and chattels of
the husband of such feme-covert.

XVII. Provided also, that no peer of this realm shall be attached
or imprisoned by virtue or force of this act; any thing, matter,
or clause, therein to the contrary notwithstanding.

XVIII. Provided also, that neither this act, nor any thing
therein contained, shall extend to invalidate or make void his
majesty’s supremacy in ecclesiastical affairs: (2) but that his
majesty, and his heirs and successors, may from time to time,
and at all times hereafter, exercise and enjoy all powers and
authority in ecclesiastical affairs, as fully and as amply as
himself or any of his predecessors have or might have done the
same: any thing in this act notwithstanding.

By this very law many an honest family was impoverished; for the Quakers did not leave off meeting together publicly, but the most sincere amongst them were the more zealous, and they were the more winnowed from the chaff, which in time of ease gets in amongst religious professors; and none need wonder at it, since the Quakers having gained the repute of an upright-hearted people, some, for by-ends, might creep in amongst them.

At London, as well as at other places, many were spoiled of their goods very unmercifully, and many times people of good substance brought to mere poverty, seeing not only the shop goods of some, but also their household goods have been seized, insomuch that the very sick have had their beds taken from under them, and they themselves laid upon the floor; nay, they have been so cruel, as to leave them nothing; insomuch that when the child’s pap hath stood in a pannikin, they have thrown out the pap to take the pannikin away.

Should I sum up all the particulars I have received, and the account I could give, it would make a volume of itself; for the informers were generally poor, and sometimes also the justices, so that they knew how to part their booty belonging to the king, as well as to the poor; and thus the king and the poor got but little of their plunder. Nevertheless it so happened sometimes, that those who were finable, were freed by the justices; for they knew very well, that these informers, who were also witnesses, were cunning sharkers, who were also concerned to get their thirds of the booty, and therefore found out a way by which they showed that they were knavish and unjust in their office, therefore not fit to give evidence; so that it hath sometimes fallen out, that an honest justice hath cleared those informed against, when the informer missed in his evidence, either in the day of the month, or the like, in the complaint.

At London there once appeared before the lord mayor, sitting at a court of aldermen, an impudent informer having such a quantity of informations for fines as would have wronged the parties to the value of 1500_l._ but the mayor abominating such a practice, adjourned the court, and went away. But this hardy informer was not content to let the matter fall thus, but appeared before the court from time to time, to make a booty of honest people’s goods; but they still put him off, until at last he was himself arrested for debt, and carried to prison, where he ended his days.