Of his proceedings in this cause George Whitehead has given an account, too curious and interesting to be omitted or curtailed.

After speaking of his deep concern for his suffering Friends, he says:

I was moved to write a few lines to the king, requesting their liberty, which I intimated to our honest and loving Friend, Thomas Moor, who was often willing to move the king in behalf of our suffering Friends for their liberty, the king having some respect to him; for he had an interest with the king and some of his council, more than many others had; and I desired him to present my few lines to the king, which he carefully did; and a few days after, both he and myself had access into the king's presence, and renewed our request which I had made to him in my letter; whereupon the king granted us liberty to be heard on Friday, as he said, before the council, being the next councilday the same week.

And then Thomas Moor, myself, and our Friend Thomas Green, attended at the council chamber at Whitehall, and were all admitted before the king and a full council, and being called to go up before the king, who was at the upper end of the board, I had a fair opportunity to open the case of our suffering Friends as a conscientious people, chiefly to show the reason

of our not swearing allegiance to the king; that it was not in any contempt or disrespect, either to the king's person or government, but singly as it was a matter of conscience to us, not to swear at all, in any case, and that in sincere obedience to Christ's command and Gospel ministry, Matt. v. and James v. When I had openly and more fully pleaded our suffering Friends' case, the king gave this answer, viz. 'I'll pardon them,' &c.

Whereupon Thomas Moor pleaded the innocency of our Friends, that they needed no pardon, being innocent, &c. The king's own warrant in a few lines will discharge them; for, where the word of a king is, there is power, said Thomas Moor. The king answered: "O, Mr. Moor, there are persons as innocent as a child, or children, new born, that are pardoned, that is, from the penalties of the law; you need not scruple a pardon," &c. The lord keeper added: "I have told them that they cannot be legally discharged, but by a pardon under the great seal." Then stood up Duke Lauderdale, and made his reflection upon what Thomas Moor said, in this manner :

"May it please your majesty, I wonder that these men should be no better counselled to accept of your gracious pardon; for if your majesty should by your own private warrant

release them out of prison, their prosecutors may put them into prison again the next day; and still their estates, forfeited to you upon premunire, remain confiscate; so that their persons and estates cannot be safely discharged, without your majesty's pardon under the great seal." With which the rest of the council concurred.

Whereunto I returned this answer, viz. "It is not for us to prescribe, or dictate to the king and his council, what methods to take for our Friends' discharge; they know best their own methods in point of law; we seek the end thereof, namely, the effectual discharge of our suffering Friends out of prison, that they may live peaceably, and quietly enjoy their own," &c.

Whereupon they all appeared satisfied, and the king said: "Well, I'll pardon, or discharge them," &c.

After more discourse between the king and us, I looked about on the council, and in the Lord's power thus declared, viz. "I do not question but God at times inclines your hearts to tenderness towards the sufferers, especially those for conscience' sake. O! therefore take notice thereof, and mind that tenderness, and that which inclines your hearts to commiserate their conditions, who have long groaned and lain

under heavy burdens, and sore oppressions,"

&c.

"As for our refusing the oath of allegiance, for which many suffer in prisons, God doth bear us witness, yea, God doth bear the sufferers record, that it is not from a disaffection to the king or government, but singly for conscience' sake, because it is an oath;" concluding with these words, "This is the fast the Lord requires, to undo the heavy burdens, and to let the oppressed go free.'" Being near the time of an appointed fast as I remember.

Pursuant to the king's promise of pardon, &c. the following order was given.

"AT THE COURT AT WHITEHALL, THE 8TH OF MAY,

1672.

"Whereas, his Majesty of his princely clemency, was graciously pleased to direct, that letters should be written from this board, to the sheriffs of the respective counties and cities, and counties and towns, and counties within his majesty's kingdom of England, and dominion of Wales, requiring them to return perfect lists and calenders of the names, time, and causes of commitment of all such prisoners, called Quakers, as remain in their several gaols or prisons, which they accordingly did; and the same were by order of his majesty in council, of the third instant, delivered into the hands, of the right honourable the lord keeper of the great seal of England, who having considered thereof, did this day return them again, together with his opinion thereupon, as followeth, viz.

"The Returns that are made touching the prisoners, in the several gaols, are of several kinds.

"1. All such of them as are returned to be convicted, to be transported, or to be convicted of a premunire, upon whose convictions I suppose judgment was given, are not legally to be discharged, but by his majesty's pardon under the great seal.

"2. All such that are returned to be in prison upon writs of excommunicato capiendo, not mentioning the cause, ought not to be discharged till the cause appears ; for if it be for tithes, legacies, defamations, or other private interests, they ought not to be discharged till the parties be satisfied.

“3. All those that are returned in prison for debt, or upon exchequer process, or of any of the other courts at Westminster, are not so discharged, till it be known for what cause those processes issued, and those debts be discharged.

"4. Those that are in prison for not paying their fines, ought not to be discharged without paying their fines, or a pardon.

"All the rest I conceive may be discharged.

"Which being this day taken into consideration, his majesty was graciously pleased to declare, that he would pardon all those persons called Quakers, now in prison for any offence committed relating only to his majesty, and not to the prejudice of any other person. And it was thereupon ordered by his majesty in council, that a list of the names of the Quakers in the several prisons, together with the causes of their commitment, be, and is herewith sent to his majesty's attorney general, who is required and authorized to prepare a bill for his majesty's royal signature, containing a pardon to pass the great seal of England, for all such to whom his majesty may legally grant the same. And in case of any difficulty, that he attend the lord keeper, and receive his directions therein.

"EDWARD WALKER."