Note 75 — Chapter XIV · (continued 2)

Cases similar to the above are not rare in the early history of the Society; even thieves being allowed to escape, whilst the party robbed, being unwilling to swear to the known fact, have been made to suffer. In 1660, the following occurrence took place at Reading assizes:—Henry Hodges, a poor smith, lost three cows, which were found in the possession of the thief who stole them, he was brought to trial, and Hodges appeared to claim his cows. The judge told him they must be proved on oath before he could have them again. He replied that he could not swear for conscience sake. The judge said if any of his neighbours would swear they were his, they should be returned to him; upon which one of his neighbours took his oath, and the judge promised that they should be returned. Thus far, the proceedings appeared just and equal, but many thought the judge too rigorous, when, having observed the sincerity and tenderness of the poor man’s conscience, who could not swear in a case of his own property, he caused the oath of allegiance to be tendered him in court; and, for his refusing to take it, sent him to jail.—(Besse.)