Henry 3, to be this: That for the first four offences, a blasphemer may be committed to prison to bread and water; for the fifth offence, to have his under lip slit; for the sixth, that his under lip should be cut so that his teeth be seen; for the seventh, his tongue to be bored; and for the eighth offence he is to be put to death. work the effect he intended, as appears (blessed be God) at this day. Yet if it should be admitted that Heresy was punishable by death at the Common Law, that cannot include Blasphemy. They are offences of a different nature; Heresy is Crimen Judicii, an erroneous opinion: Blasphemy is Crimen Malitia, a reviling the name and honour of God. Heresy was to be declared in particular, and by the four first general Councils, But the Blasphemy in this Vote is general; and I do not find it reckoned in those Councils for Heresy. It is true, that the Popish countries, where the inquisition is in force, do put Protestants to death as blasphemers; but I hope that will be no precedent for us to imitate. The Lutherans do hold the Ubiquity of Christ in such sort, that the news of James Nayler's being put to I remember a Case in our Book of H. 7, death for these offences, would not be pleasing where the bishop committed one to prison for to them. But to come to that which is most a heretic, and the heresy was, denying that proper for your consideration, and for my dis-tythes were due to his parson.' This at that course, The law of England. time was a very great heresy; but now I believe some are inclinable to think, that to say, Tythes are due to the parson,' is a kind of heresy. I must acknowledge my own ignorance, that I do not know any law of this nation now in force, for the putting of James Nayler for these offences to death. It is held that the Ordinance of the Long Parliament concerning blasphemy is not now in force, and I do agree to that opinion; nor do I know any other law in that case. That ordinance cost much debate, and therein was a great diversity of judgments; and so I presume we shall again find it, whensoever these matters sball fall under consideration. The objection was very weightily urged, That there is a law in force against Heresy, as appears by the writ De Hæretico comburendo, which (they say) was by the common law; and that blasphemy is an Heresy within that law; by which he may be put to death. This objection may receive a clear answer. So in this Case, That which now may be accounted Blasphemy, and the offender to be put to death for it; in another age the contrary may be esteemed Blasphemy, and the offender likewise put to death for that; which may be warranted by the present case before you, if James Nayler should be put to death upon the general Vote for being guilty of horrid Blasphemy, the particulars thereof not being exprest. And what mischief and inconvenience in the consequence thereof may ensue to the people of England, and to posterity, is worthy the care of a parliament, and to be avoided, we being sent hither to provide for the good and safety of the people; and not to do that, which may bring them into snares and dangers. If this wretch be put to death, it must be either by judgment of the parliament, as the supreme court of justice; or by act of parliament to attaint him of the crimes, and to inflict the pu I am not of opinion, That Heresy was punishable by the common law with death, notwithstanding the writ De Hæretico comburendo be in the Register; for it is not in the ancient manuscript registers, which indeed is a true part and demonstration of the Common Law †.nishment of death upon him for those crimes. But this Writ was of later date, and brought in by Arundel archbishop of Canterbury, in Henry the 4th's time, for the punishment and suppression of Lollards, who were good Christians, and of the same profession that we are. But the bloody practice of that prelate did not This Ordinance bears date May 2, 1648, and ordains, that whoever should maintain any one of the several opinions (there called Errors), unless he would abjure the same, or after Abjuration shall relapse, should be guilty of Felony without benefit of Clergy. +See the preceding cases of Heresy in this Collection, particularly that of William Sautre, vol. 1. p. 163, and the authorities referred to in the notes. See also in Blackst. Comm. B. 4, c. 4, a succinct account of our laws concerning Heresy, in the course of which that learned Judge takes occasion to observe that, "Christianity being upon the continent thus deformed by the Demon of Superstition, we cannot expect that our 'own island should be entirely free from the same scourge." If you shall think fit to proceed in the judicial way, I hope you will be pleased to consider the weight of the consequences thereof, and to be very clear in the foundation, we being here in a constitution different from the former. And whosoever will take the pains to read the Records of the Parliament-Rolls in Edward the 2nd, and Richard the 2nd's time, of the Judgments then given in parlament, (with quickness and sharpness enough) and the speedy executions thereupon, will be the more tender of making new precedents of such proceedings in parliament. I am far from derogating from the honour and authority of parliaments, and of this especially; but I humbly inform you what I have observed, and submit it to your better judgment. It is held, That antiently the judicatory of parliaments was in the lords' house, and particularly in criminal causes, which was very frequent; but seldom without an impeachment by the then house of commons, who were as the grand jury in that respect of the whole nation. You are now the sole parliament of England, and have the sole power in you; yet probably some may object, whether in a judicial proceeding the Lord Protector ought not to join with you. I do not know any Judgment given in parliament, but where there was a known law then in force against the offence adjudged, and the Judgment given according to that known law. In this case of James Nayler there is no known law in force for the punishment of his offence with death, and therefore I am not satisfied, that we should by Judgment of parliament condemn him to death; nor to make a new law for the punishment of an offence by death, which law was not known nor made at the time of the offence committed; and this to be done by a Judgment. Perhaps it will be said, That this may be done by a Bill of Attainder, and I perceive many gentlemen inclined thereunto; they have remembered the cases of the earl of Strafford, and of the archbishop of Canterbury, who were attainted by Bill; and the offences by them committed were not treason by the known law at the time when they were committed, and yet by act of parliament they were attainted of treason for those offences. But here we are to observe, That in those Acts of Attainder is a clause, That they shall not be drawn into precedent; and I hope they shall not. And further give me leave to inform you, That there is a great difference between those cases, and that now before you. By the stat. 25 E. 3, Treasons are enumerated, and a power is left in the parliament to declare any other facts to be treason. And the facts of the earl of Strafford, and of the Archbishop, in the general was the same, endeavouring to subvert the fundamental laws of the land, and to introduce an arbitrary and tyrannical government; which were maintained by the arguments of a very learned and honourable person, now a chief justice, to be treason by the common law of England. But it will be hard to maintain, that the of fences of James Nayler are punishable by death by the common law of England, and therefore it will be very dangerous in the consequence of it to inflict this punishment upon him by a new law. I shall not mention the loss of time (whereof too much hath been already spent about this matter) in case you shall proceed by Bill. All the matter must be again debated and examined by you, and after that by my Lord Protector. But the mischief which it may produce to the people of England in the precedent of it, wherein no man can be safe, that by a law now to be made you should inflict the punishment of death upon James Nayler for offences which were not by the law of England punishable by death at the time when they were committed, is the strong argument with me to be against the question for the putting of James Nayler to death for these offences. From the Harleian Miscellany, vol. 6, p. 392. The grand Impostor examined: Or, the Life, Trial, and Examination of JAMES NAYLER, the seduced and seducing Quaker; with the Manner of his Riding into Bristol. "We have a Law, and by our Law he ought to die, because he made himself the Son of God." John xix. 7. But these are written, that ye might believe, that Jesus is the Christ, the Son of God; and that, believing, ye might have Life through his Name." John xx. 31. London, Printed for Henry Brome, at the Hand in St. Paul's Church-yard, 1656. Quarto, containing 56 pages. TO THE READER. Courteous Reader; I do here give thee an account of what passed between James Nayler and his judges, as thinking it a part of my duty, towards God and Man; that thereby, thou mayest see and know, there is but one only God, and one only Jesus, which is the Christ, who was crucified by the Jews at Jerusalem; which whosoever denies, let him be accursed. It hath been the custom, in former times, to immure, stone, or otherways punish with death, such as did falsely stile themselves the only Sons of the most High God; as thou mayest see in that faithful Chronologer, John Speed; who he was sentenced to be starved to death, between the walls of a strong prison, where he and his doctrine died: even so let thine enemies perish, O Lord. Thou wilt, in his Examination, discover some difference to be between him and George Fox; but I suppose they are again reconciled. I shall not trouble thee with all the many letters, which were conveyed from him to others, or from them to him, lest I make my relation swell too big: I shall only give thee two or three of the chiefest; out of which if thou canst pick but a little sense, and less truth, thou canst do more than, Dec, 16, 1656. Thy loving Friend. Reader; Thinking it a very good foundation to my building, to give you the manner of his progress, before you come to his confession, or before his blasphemy aspires to the Stool of Repentance, I shall thus begin: James Nayler of Wakeheld, in the county of York, a deluded and deluding Quaker and impostor, rode, October last, through a village called Bedminster, about a mile from Bristol, accompanied with six more, one whereof, a young man whose head was bare, leading his horse by the bridle, and another uncovered before him, through the dirty way, in which the carts and horses, and none else, usually go: and with them, two men on horseback, with each of them a woman behind him, and one woman walking on the better way or path. In this posture, did they march; and in such a case, that one George Witherly, noting their condition, asked them to come in the better road, adding that God expected no such extremity but they continued on their way, not answering in any other notes, but what were musical, singing, "Holy, holy, holy, Lord God of Sabaoth, &c." Thus continued they, till, by their wandering, they came to the alms-house, within the Suburbs of Bristol, where one of the women alighted, and she, with the other of her own sex, lovingly marched on each side of Nayler's horse. This Witherly saith, he supposes, they could not be less deep in the muddy way, than to the knees; and, he saith, they sang, but sometimes with such a buzzing melodious noise, that he could not understand what it was. This the said Witherly gave in, upon his oath. Thus did they reach Ratcliffe-gate, with Timothy Wedlock of Devon bare-headed, and Martha Symonds with the bridle on one side, and Ilaunah Stranger, on the other side of the horse; this Martha Symonds is the wife of Thomas Symonds, of London, book-binder; and Hannah Stranger is the wife of John Stranger of London, comb-maker, who sung Holy, boly, holy, Lord God of Israel. Thus did he ride to the high Cross in Bristol, and after that, to the White-Hart in Broadstreet, where there lie two eminent Quakers, by name Dennis Hollister and Henry Row; of which the magistrates hearing, they were apprehended and committed to prison. Long it had not been, after their confine ment in the Gaol at Exeter, from whence, passing through Wells and Glassenbury, this party bestrewed the way with their garments. But, to be short, they were searched, and letters were found about them, infinitely filled with profane nonsensical language; which letters I shall not trouble you with, only some of the chief, lest your patience should be too much cloyed. We shall haste now to their Examinations; and, because Nayler was the chief actor, it is fit he have the pre-eminence of leading the way in their Examinations; we shall therefore give you a full account of what passed between the magistrate and him, which take as followeth : The Examination of James Nayler, and others. Being asked his name, or whether he was not called James Nayler, he replied, The men of this world call me James Nayler. Quest. Art not thou the man that rid on horse-back into Bristol, a woman leading thy horse, and others singing before thee, Holy, holy, holy, Hosannah, &c. ? Answ. I did ride into a town, but what its name was I know not, and, by the spirit, a woman was commanded to hold my horse's bridle, and some there were that cast down clothes, and sang praises to the Lord, such songs as the Lord put into their hearts; and it is like it might be the Song of Holy, holy, holy, &c. Q. Whether or no didst thou reprove those women?-A. Nay but I bade them take heed, that they sang nothing but what they were moved to by the Lord. Q. Dost thou own this letter (whereupon a letter was shewed him) which Hannah Stranger sent unto thee? A. Yea, I do own that letter. Q. Art thou (according to that letter) the Fairest of Ten-Thousand? A. As to the visible, I deny any such attribute to be due unto me; but if, as to that which the Father has begotten in me, I shall own it. In the pure fear and power of God, my soul salutes thee, thou everlasting Son of Righteousness and Prince of Peace. Ob! how my soul travelleth to see this day, which Abraham did, and was glad, and so shall all that are of faithful Abraham: O! suffer me to speak what the Lord hath moved. There is one Temptation near, the like unto the first, and is like the Wisdom of God, but it is not, and therefore it must be destroyed, Oh! it defileth and hateth the innocent; I beseech thee wait, my soul travelleth to see a pure Image brought forth, and the enemy strives to destroy it, that he may keep me always sor rowing, and ever seeking, and never satisfied, nor never rejoicing: but he in whom I have believed will shortly tread Satan under our feet, and then shalt thou and thine return to Zion with everlasting rejoicings and praises. But, till then, better is the house of mourning than rejoicing, for he that was made a perfect example, when he had fasted the appointed time of his Father, was tempted to eat, and to shew a miracle, to prove himself to be the Son of God: but man lives not by bread, said he, and now no more by that wisdom shali he live, on which he hath long fed, as on bread; and, as his food hath been, so must his fast be, and then, at the end, temptation, to as low a thing as a stone, that, if it were possible, the humility and the miracles would deceive the elect, innocent, and righteous branch of holiness. But, be his wills never so many, the time comes he shall leave thee, for he is faithful, who hath promised he will not leave the Throne of David without a man to sit thereon, which shall judge the poor with righ teousness, and the world with equity. This. shall shortly come to pass, and then shall the vision speak, and not lye. Oh! let innocency be thy beloved, and righteousness thy spouse, that thy Father's lambs may rejoice in thy pure and clear unspotted Image of Holiness and purity, which my soul believeth I shall see, and so in the faith rest. I am in patience, wait, and the power will preserve from subtlety; though under never so zealous a pretence of innocent wisdom it be, yet shall the Lord not suffer his Holy One to see corruption, nor his soul to lie in hell, but will cause the mountains to melt at his presence, and the little hills to bring him peace: Oh! I am ready to fear as a servant, and to obey as a child. If I have spoken words too high, love hath constrained me, which is as strong as death; and with the same spirit cover them as they are spoken with, and then shall the spirit of David be witnessed, who refused not words, though from his servants mouth; if they were in the fear, I am his servant, and he my master whom I love and fear, and trust I shall do unto the end. HANNAH STRANGER. From London, 16th day of the 7th month. Another of the same. Oh! thou fairest of ten thousand, thou only begotten Son of God, How iny heart panteth after thee? O stay me with flaggons, and comfort me with wine. My beloved, thou art like a roe, or young hart, upon the mountains of spices, where thy beloved spouse hath long been calling thee to come away, but.hath been but lately heard of thee. Now it lies some thing upon me, that thou mindest to see her, for the spirit and power of God is with her; and there is given to her much of excellent and innocent wisdom arisen, and arising in her, which will make all the honest-bearted to praise the Lord alone, and no more set up self. And therefore let not my Lord and Master have any jealousy again of her, for she is highly beloved of the Lord, and that shall all see who come to know the Lord. And now he doth bless them that bless his, and curse them that curse his; for this hath the Lord shewed me, That her portion is exceeding large in the Lord; and, as her sorrow bath been much, so sball her joy be much more; which rejoiceth my heart, to see her walk so valiantly and so faithfully in the work of the Lord, in this time of so great trials as bath been laid upon her especially. And I am HANNAH STRANGER. The Postscript. Remember my dear love to thy master. Thy name is no more to be called James but Jesus. JOHN STRANGER. Hannah Stranger; and this was added as a This John Stranger is husband to this Postscript by him to his wife's letter, as is ac knowledged, thee. The seventeenth day of the eighth Remember my love to those friends with month, superscribed this to the hands of James Nayler. We shall now return to his Examination. Q. Art thou the only Son of God? A. I am the Son of God, but I have many brethren. Q. Have any called thee by the name of Jesus? A. Not as unto the visible, hut as Jesus, the Christ that is in me. Q. Dost thou own the name of the King of Israel? A. Not as a creature, but if they give it Christ within, I own it, and have a kingdom but not of this world; my kingdom is of another world, of which thou wotest not. Q. Whether or no art thou the Prophet the Most High? of A. Thou hast said, I am a Prophet. Q. Dost thou own that attribute, the Judge of Israel? A. The judge is but one, and is witnessed in me, and is the Christ, there must not be any joined with him: if they speak of the spirit in me, I own it only as God is manifest in the flesh, according as God dwelleth in me, and judgeth there himself. Q. By whom were you sent? 4. By him who hath sent the Spirit of his Son in me to try, not as to carnal matters, but belonging to the kingdom of God, by the indwelling of the Father and the Son, to judge of all spirits, to be guided by none. Q. Is not the written word of God the guide? A. The written word declares of it, and what is not according to that is not true. Q. Whether art thou more sent than others, or whether others be not sent in that measure? A. As to that I have nothing at present given me of my Father to answer. Q. Was your birth mortal or immortal? according to the spiritual birth, born of the immortal seed, Q. Wert thou ever called the Lamb of God? A. I look not back to things behind, but there might be some such thing in the letter; I am a lamb, and have sought it long before I could witness it. Q. Who is thy mother, or whether or no is she a virgin? A. Nay, according to the natural birth. Q. Who is thy mother according to thy spiritual birth? A. No carnal creature. Q. Who then? A. [To this he refused to answer.] A. The hope is in Christ, and as Christ is in me, 50 far the hope of Israel stands; Christ is in me, the hope of glory. Q. What more hope is there in thee than in others? A. None can know but them of Israel, and Israel must give an account. Q. Art thou the everlasting Son of God? A. Where God is manifest in the flesh, there is the everlasting Son, and I do witness God in the flesh; I am the Son of God, and the Son of God is but one. Q. Art thou the Prince of Peace? A. The Prince of everlasting Peace is begotten in me. Q. Why dost thou not reprove those that give thee these attributes? A. I have said nothing unto them, but such things are written. Q. Is thy name Jesus? [Here he was silent.] Q. For what space of time hast thou been so called? Q. When thou wast called the King of Israel, didst thou not answer, thou sayest it? A. Yea. Q. How dost thou provide for a livelihood? A. As do the hillies without care, being maintained by my Father. Q. Whom dost thou call thy Father? Q. What business hadst thou at Bristol, or at way? A. I was guided and directed by my Father. Q. Why wast thou called a Judge to try the cause of Israel ? [Here he answered nothing.] Q. Are any of these sayings blasphemy or not? VOL. V. A. Afterwards, under that man called col. Lambert and then I went into Scotland, where I was a quartermaster, and returned sick to my earthly habitation, and was called into the North. Q. What wentest thou for to Exeter? A. I take no care for that. Q. Doth God in an extraordinary manuer sustain thee, without any corporal food? A. Man doth not live by bread alone, but by every word that proceedeth out of the mouth of the Father: the same life is mine that is in the Father; but not in the same measure. Q. How art thou cloathed ? Q. Dost thou live without bread? A. As long as my heavenly Father will: I have tasted of that bread, of which he that eateth shall never die. Q. How long hast thou lived without any corporal sustenance, having perfect health? A. Some fifteen or sixteen days, sustained without any other food except the word of God. Q. Was Dorcas Erbury dead two days in Exeter, and didst thou raise her? A. I can do nothing of myself: the Scripture beareth withess to the power in me which is everlasting; it is the same power we read of in the Scripture. The Lord hath made me a sign of his coming: and that honour that belongeth to Christ Jesus, in whom I am revealed, may be given to him, as when on earth at Jerusalem, according to the measure. Q. Art thou the unspotted Lamb of God, that taketh away the sins of the world? A. Were I not a lamb, wolves would not seek to devour me. Q. Art thou not guilty of horrid blasphemy, by thy own words? A. Who made thee a judge over them? Q. Wherefore camest thou in such an unusual posture, as, two women leading thy horse; others singing, Holy, holy, &c. with another before thee bare-headed, knee-deep 3 H |