law to be read which we desire. But we ought first to have had proclamation made of our discharge from the two warrants."

Recorder. "If we should make proclamation and let you go, we should be laughed at: no, no; I see you lay upon the catch, we will not discharge you. Now we have you here we shall not let you go, for to send a warrant after you to fetch you again. Will you take the oath or not ?"

George Whitehead. "Is this intended for a first tender or a second? We desire an answer." Recorder. "We will tender it you de novo; it shall be for a first tender; and if you will not take it, you shall be committed till next sessions," &c.

Clerk reads the oath.

Clerk. "I, Thomas Burr, do truly and sincerely acknowledge, profess, testify, and declare in my conscience," &c.

George Whitehead. "We appeal to the mayor and the rest of the justices. The recorder is a party against us; he has determined against us beforehand I will prove that he is no competent judge in our case, if I may be heard."-Interruption.-" Are we discharged of the two warrants? Pray let us have fair and plain dealing; do not thus force upon us; it is unfair and undue proceeding. Let us be dis

charged of the two warrants first, before we be put upon an answer: we ought not to be put to our answer, but upon due process," &c.

Some of the court. "You are discharged from those two mittimusses. Clerk, read their discharge." The clerk reads what the recorder had caused him to enter into the book to this

purpose. Clerk. "George Whitehead and Thomas Burr are discharged of the matter contained in their two mittimusses. And the oath of allegiance, and the Testament to swear in open court, at this present sessions, was severally tendered to them; and the said George Whitehead and Thomas Burr, having severally refused to take the said oath of allegiance, it is therefore ordered, that the said George Whitehead and Thomas Burr be committed to the common gaol of the said city, there to remain without bail or mainprize until the next quarter sessions," &c.

George Whitehead. "The latter part is not true; we have not yet refused the oath; we were not duly nor regularly brought upon that point as to give a positive answer, because of the other precedent charges which we were to answer to. We have yet matter of plea about the tender of the oath, de novo, in court. We request further time to be heard upon an ad

journment, before we give our positive answer. We desire to know upon what law or statute it is tendered ?" No answer was given to this question.

Recorder. "You have stronger lungs than I; I understand you had a feast last night, &c. Adjourn the court; take them away gaoler."

George Whitehead. "Pray let us have more time to consider and speak to this point. I intreat that I may have leave to read the clause in the statute, that concerns the tender of the oath."

These endeavours of the prisoners to be heard, after the pretended order was entered, was, because the prisoners did not believe that the justices, or greater number of them, did concur with the recorder's proceeding against them; but that they had more both of moderation and justice in them, and that he carried things on too much over their heads; and all to run down and ensnare the prisoners, to oppress them and continue them under suffering.

Officers. "The court adjourned."

George Whitehead held by the bar, pressing to be further heard after the adjournment, when the court met again, and for the statute to be read about the oath; neither whereof would be granted the prisoners, but two of the keepers pulled the prisoner away.

Prisoner. "Take notice that we have not yet refused the oath, being not duly nor regularly brought upon that point; but we have owned the declaration of allegiance contained in it, and do still freely assent to it, in opposition to and abhorrence of all those treasonable practices, positions, and principles abjured and renounced by that oath; though we are con scientiously afraid to swear it, only with respect to Christ's prohibition in the case of swearing."

SECTION XIV.

George Whitehead and Thomas Burr re-conveyed to prison-released at the next quarter sessions.—Distinction between the refusal of Friends to take the oath and that of the Papists.-Change in the sentiments of parliament respecting the persecution of dissenting protestants. -Bills for the relief of dissenters.-Character of informers.-Petition to the king.-A discourse with him.—G. Whitehead labours in the ministry and shares in the sufferings of his Friends.

After this manly and Christian defence of their civil and religious rights, being re-conveyed to prison, George Whitehead and his companions addressed a letter to the mayor and aldermen of the city, acknowledging the impartiality and moderation with which they had been treated on their trial; but at the same time respectfully urging the illegality of the proceeding, in the tendering of the oath to them, de novo; and requesting a hearing in their council chamber, or to be brought before the adjournment of the court. Notwithstanding the favourable disposition of the magistrates, and that the recorder, five days after their trial, had been voted out of place by the common council,