Most of the gentry of the country were gathered together, expecting
to hear the sentence; and the noise amongst the people was that I
should be transported. But they were all crossed at that time; for
the sentence was deferred until the next morning, and I was taken to
prison again.
Upon my complaining of the badness of my prison, some of the
justices, with Colonel Kirby, went up to see it. When they came they
hardly durst go in, the floor was so bad and dangerous, and the
place so open to wind and rain. Some that came up said, "Surely it
is a Jakes-house." When Colonel Kirby saw it, and heard what others
said of it, he excused the matter as well as he could, saying that I
should be removed ere long to some more convenient place.
Next day, towards the eleventh hour, we were called again to hear the
sentence; and Margaret Fell, being called first to the bar, she had
counsel to plead, who found many errors in her indictment. Thereupon,
after the Judge had acknowledged them, she was set by.
Then the Judge asked what they could say to mine. I was not willing
to let any man plead for me, but desired to speak to it myself; and
indeed, though Margaret had some that pleaded for her, yet she spoke
as much herself as she would. But before I came to the bar I was
moved in my spirit to pray that God would confound their wickedness
and envy, set His truth over all, and exalt His seed. The Lord heard,
and answered, and did confound them in their proceedings against me.
And, though they had most envy against me, yet the most gross errors
were found in my indictment.
I having put by others from pleading for me, the Judge asked me what
I had to say why he should not pass sentence upon me. I told him I
was no lawyer; but I had much to say, if he would but have patience
to hear. At that he laughed, and others laughed also, and said,
"Come, what have you to say? He can say nothing." "Yes," said I, "I
have much to say; have but the patience to hear me."
I asked him whether the oath was to be tendered to the King's
subjects, or to the subjects of foreign princes. He said, "To the
subjects of this realm." "Then," said I, "look into the indictment;
ye may see that ye have left out the word 'subject'; so not having
named me in the indictment as a subject, ye cannot præmunire me for
not taking an oath."
Then they looked over the statute and the indictment, and saw it was
as I said; and the Judge confessed it was an error.
I told him I had something else to stop his judgment, and desired him
to look what day the indictment said the oath was tendered to me at
the sessions there. They looked, and said it was the eleventh day of
January. "What day of the week was the sessions held on?" said I. "On
a Tuesday," said they. "Then," said I, "look in your almanacs, and
see whether there was any sessions held at Lancaster on the eleventh
day of January, so called."
Public-domain text, read in full here on John Shaqi.
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