Oxfordshire, 1666

A Quaker refuses to remove his hat in the

presence of magistrates

Then Anne Curtis was called to the bar. One of the justices said, "Come, Nan, I know you will take it." She replied, "Yes, if thou or any one could convince me that I might lawfully do it and not break Christ's command, who hath said, 'Swear not at all.'" One of the justices said, “But the apostle Paul said, that an oath for confirmation endeth strife." She answered, that Christ, the everlasting oath of God, who puts an end to strife, himself, I know, saith, "Swear not at all." William Armorer said, "This is the old tone."

Anne Curtis then said, "It was before thou wast, and will be when thou hast no being."

The justices bid her answer directly, whether she would take the oath or no. She replied, "I shall give no other answer than I have done." So the gaoler took her away.

Thomas Nichols was taken by the gaoler and an apparitor, and carried to prison. They pretended to have a writ against him, but would not let him see it. He was kept under close confinement for a long time after, the consequence of a prosecution in the ecclesiastical court for his conscientious absence from the publick worship.

Roger Brown, being chosen an assessor for the land tax, and coming before the commissioners with his hat on, they threatened to send him to prison; but having no legal matter against him, they tendered him the oath of allegiance, which they knew he would not take, and thereupon sent him to gaol, where he was detained sixteen days. Thus was the law made use of to avenge themselves, and to punish a man for not humouring their pride.

Such persecution and religious bigotry was very distasteful to Charles II, whether it was directed toward Protestant Dissenters or toward the Roman Catholics. In 1672, therefore, he tried again, though unsuccessfully, to introduce freedom of worship by the following royal proclamation.

Our care and endeavors for the preservation of the rites and interest of the church have been sufficiently manifested to the

Declaration

world by the whole course of our government since our happy 314. The restoration, and by the many and frequent ways of coercion second that we have used for reducing all erring and dissenting of Indulgence persons, and for composing the unhappy differences in mat- (1672) ters of religion, which we found among our subjects upon

our return.

But it being evident, by the sad experience of twelve years, that there is very little fruit of all these forcible methods, we think ourselves obliged to make use of that supreme power in ecclesiastical matters which is not only inherent in us but hath been declared and recognized to be so by several statutes and acts of parliament.

And therefore we do now accordingly issue this our declaration, as well for the quieting the minds of our good subjects in these points, as for inviting strangers at this time to come and live under us, and for the better encouragement of all to a cheerful following of their trades, from whence we hope (by the blessing of God) to have many good and happy advantages to our government.

And in the first place we declare our express resolution, meaning, and intention to be that the Church of England be preserved and remain entire in its doctrine, discipline, and government, as now it stands established by law, etc.

dom of

We do in the next place declare our will and pleasure to be All laws that the execution of all and all manner of penal laws in matters against freeecclesiastical, against whatsoever sort of nonconformists or re- worship cusants, be immediately suspended, and they are hereby sus- suspended pended; and all judges, sheriffs, justices of the peace, etc., are to take notice of it and pay due obedience thereunto.

church build

And we do declare that we shall from time to time allow a Separate sufficient number of places, as they shall be desired in all parts ings to be of this our kingdom, for the use of such as do not conform to allowed the Church of England, to meet and assemble in, in order to their publick worship and devotion, which places shall be open and free to all persons.

[Catholics, however, were, according to later provisions of the proclamation, only to be allowed to worship in their private houses.]

315. A journal of the capture

of New Amsterdam

The following journal of occurrences kept by a Dutch official at New Amsterdam, or New York, during the attack upon that colony, and its capture by the English in 1664, will serve to illustrate the constantly renewed hostility between England and Holland at this time.

14th of August. Received information that four frigates had arrived with men from England to occupy New Netherland. 15th. Placed ourselves in posture of defense.

16th. Received intelligence that one of the frigates had arrived in the bay.

17th. Received intelligence that the English general was on board, and that more men-of-war were about to follow; the English have detained one Claes Verkaeck's sloop.

18th. News arrived that three more frigates had arrived in the bay; sent to the surrounding villages for assistance, and are assured that a proclamation, without day or date, was sent to the villages all around, stating in substance what is set forth below.

Whereas his Majesty, by commission under the great seal, hath sent us to reduce under his Majesty's obedience all such foreigners as have, without his Majesty's consent, settled and planted themselves between or in any of his Majesty's domains in America, to the prejudice of his Majesty's subjects and the diminution of his royal dignity, we do declare and promise that all those who will submit, of what nation soever they be, &c.

19th. Received an answer from the villages, to which we had applied for help to defend ourselves, that they could not leave their villages, wives, and children a prey, whilst aiding to defend another place, not knowing what might happen to them from the English. Sent some commissioners to the commanders of the English frigates, requesting to know from them the object of their coming and remaining in the roadstead before Nyack,

without having as yet, to our great surprise, given any knowledge thereof to the government, as they were bound to do.

Dutch claim

20th. The commissioners reported in substance that the The English English general had openly declared that he was come to disregard the reduce this province to the obedience of his Majesty of Eng- to earlier land, to that end exhibiting to them the commission given him settlement by his Majesty. Moreover, that he would not lend himself to any argument as to his Majesty's right, and whether the Dutch had any title to this place; but said he left all such to be vindicated by the king himself, for, had his Majesty commissioned him to attack Amsterdam, in Holland, he should make no scruple about undertaking the business, leaving its justification to the king. He would send a written answer next morning to the letter transmitted to him by the commissioners.

Ditto. The English chased and overhauled a boat with negroes belonging to the burgomasters of the city of Amsterdam, in Holland, but the negroes had fled with a Dutchman into the woods; the English took the boat with some men. A burgher coming from without was taken prisoner by the English, who fired some grape at him. They commanded the farmers up and down the river and on Long Island not to furnish any provisions to the city.

21st. Received a letter from the English general in answer to ours, but unsigned.

22nd August. English deputies came with said letter signed, setting forth in abundance that his Majesty's right to this place was indisputable, without, however, wanting to enter into any debate thereupon, demanding its surrender, threatening if resisted, and promising to allow each to retain his property, if the place were voluntarily given up.

24th August. Inspected the fort and considered what was to be done.

25th August. The English force came nearer; it was joined by Captain Schott and his horse and foot, who had heretofore summoned Long Island. Whereupon again sent delegates with a letter to the English general. .

26th August. Resolved to treat for a surrender, and sign Negotiations powers on both sides.

for surrender

316. Extracts from the Habeas Corpus Act

27th August. Arrange and conclude terms on both sides, whereupon the place is given up.

29th August. The capitulation and ratifications being exchanged on both sides, the English general exhibited copy of the king's patent, dated the twelfth of March, wherein the whole of New England was ceded in favor of the duke of York; also a copy of the duke of York's commission to Richard Nicols as general, and the execution of the king's patent, dated the second April, 1664. Likewise an order from the king of England, directing the governor of New England to reduce the New Netherland colony under his subjection, dated 23rd April, 1664.

30th August. And thereupon, without any other occurrence, was, as above stated, the place of New Amsterdam, in New Netherland, situate on the Manhattans, surrendered to the English, the garrison retiring with all their arms, flying colors, and beating drums; and thereby the English, without any contest or claim being before put forth by any person to it, took possession of a fort built and continually garrisoned about forty years at the expense of the West India Company.

One of the great permanent acquisitions to human. liberty was obtained in 1679 by the passage of the Habeas Corpus Act. As will be seen, it did not introduce any new principle into the law, but provided practical means by which a prompt hearing before a judge could always be secured. A prisoner was in this way protected from arbitrary arrest and confinement.

Whereas great delays have been used by sheriffs, gaolers, and other officers to whose custody any of the king's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the king's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation.