The Judge said he was not at that time to dispute whether it was
lawful to swear, but to inquire whether I had refused to take the
oath.
I told him, "Those things mentioned in the oath, as plotting against
the King, and owning the Pope's, or any other foreign power, I
utterly deny."
"Well," said he, "you say well in that, but did you refuse to take
the oath? What say you?"
"What wouldst thou have me to say?" said I; "I have told thee before
what I did say."
Then he asked me if I would have these men to swear that I had taken
the oath. I asked him if he would have those men to swear that I had
refused the oath, at which the court burst into laughter.
I was grieved to see so much lightness in a court, where such solemn
matters are handled, and thereupon asked them, "Is this court a
play-house? Where is gravity and sobriety," said I; "this behaviour
doth not become you."
Then the clerk read the indictment, and I told the Judge I had
something to speak to it; for I had informed myself of the errors
that were in it. He told me he would hear afterwards any reasons that
I could allege why he should not give judgment.
Then I spoke to the jury, and told them that they could not bring me
in guilty according to that indictment, for the indictment was wrong
laid, and had many gross errors in it.
The Judge said that I must not speak to the jury, but he would speak
to them; and he told them I had refused to take the oath at the last
assizes; "and," said he, "I can tender the oath to any man now, and
præmunire him for not taking it;" and he said they must bring me in
guilty, seeing I refused to take the oath.
Then said I, "What do ye do with a form? Ye may throw away your form
then." And I told the jury it lay upon their consciences, as they
would answer it to the Lord God before His judgment-seat.
Then the judge spoke again to the jury, and I called to him to "do me
justice."
The jury brought me in guilty. Thereupon I told them that both the
justices and they had forsworn themselves, and therefore they had
small cause to laugh, as they did a little before.
Oh, the envy, rage, and malice that appeared against me, and the
lightness! But the Lord confounded them, and they were wonderfully
stopped. So they set me aside, and called up Margaret Fell, who had
much good service among them; and then the court broke up near the
second hour.
In the afternoon we were brought in again to have sentence passed
upon us. Margaret Fell desired that sentence might be deferred until
the next morning. I desired nothing but law and justice at his hands,
for the thieves had mercy; only I requested the Judge to send some to
see my prison, which was so bad they would put no creature they had
in it; and I told him that Colonel Kirby, who was then on the bench,
had said I should be locked up, and no flesh alive should come to me.
The Judge shook his head, and said that when the sentence was given
he would leave me to the favor of the jailer.
Public-domain text, read in full here on John Shaqi.
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