So they looked, and found that the eleventh day was the day called
Monday, and that the sessions was on the day called Tuesday, which
was the twelfth day of that month.
"Look now," said I, "ye have indicted me for refusing the oath in the
quarter-sessions held at Lancaster on the eleventh day of January
last, and the justices have sworn that they tendered me the oath in
open sessions here that day, and the jury upon their oaths have
found me guilty thereupon; and yet ye see there was no session held
in Lancaster that day."
Then the Judge, to cover the matter, asked whether the sessions did
not begin on the eleventh day. But some in the court answered, "No;
the session held but one day, and that was the twelfth." Then the
Judge said this was a great mistake and an error.
Some of the justices were in a great rage at this, stamped, and said,
"Who hath done this? Somebody hath done this on purpose;" and a great
heat was amongst them.
Then said I, "Are not the justices here, that have sworn to this
indictment, forsworn men in the face of the country? But this is not
all," said I. "I have more yet to offer why sentence should not be
given against me." I asked, "In what year of the King was the last
assize here holden, which was in the month called March last?" The
Judge said it was in the sixteenth year of the King. "But," said I,
"the indictment says it was in the fifteenth year." They looked, and
found it so. This also was acknowledged to be another error.
Then they were all in a fret again, and could not tell what to say;
for the Judge had sworn the officers of the court that the oath was
tendered to me at the assize mentioned in the indictment. "Now," said
I, "is not the court here forsworn also, who have sworn that the oath
was tendered to me at the assize holden here in the fifteenth year of
the King, when it was in his sixteenth year, and so they have sworn
a year false?"
The Judge bade them look whether Margaret Fell's indictment was so or
no. They looked, and found it was not so.
I told the Judge I had more yet to offer to stop sentence; and asked
him whether all the oath ought to be put into the indictment or no.
"Yes," said he, "it ought to be all put in."
"Then," said I, "compare the indictment with the oath, and there
thou mayest see these words: viz., 'or by any authority derived, or
pretended to be derived from him or his see,' which is a principal
part of the oath, left out of the indictment; and in another place
the words, 'heirs and successors,' are left out."
The Judge acknowledged these also to be great errors.
"But," said I, "I have something further to allege."
"Nay," said the Judge, "I have enough; you need say no more."
"If," said I, "thou hast enough, I desire nothing but law and justice
at thy hands; for I don't look for mercy."
"You must have justice," said he, "and you shall have law."
Then I asked, "Am I at liberty, and free from all that ever hath been
done against me in this matter?"
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account