I had informed myself of the errors in this indictment also; for,
though at the assize before Judge Turner said to the officers in
court, "Pray, see that all the oath be in the indictment, and that
the word 'subject' be in, and that the day of the month and year
of the King be put in right; for it is a shame that so many errors
should be seen and found in the face of the country;" yet many
errors, and those great ones, were in this indictment, as well as in
the former. Surely the hand of the Lord was in it, to confound their
mischievous work against me, and to blind them therein; insomuch
that, although, after the indictment was drawn at the former assize,
the Judge examined it himself, and tried it with the clerks, yet the
word "subject" was left out of this indictment also, the day of the
month was put in wrong, and several material words of the oath were
left out; yet they went on confidently against me, thinking all was
safe and well.
When I was brought to the bar, and the jury called over to be sworn,
the clerk asked me, first, whether I had any objection to make to any
of the jury. I told him I knew none of them. Then, having sworn the
jury, they swore three of the officers of the court to prove that
the oath was tendered to me at the last assizes, according to the
indictment.
"Come, come," said the Judge, "it was not done in a corner." Then he
asked me what I had to say to it; or whether I had taken the oath at
the last assize.
I told him what I had formerly said to them, as it now came to my
remembrance.
Thereupon the Judge said, "I will not dispute with you but in point
of law."
"Then," said I, "I have something to speak to the jury concerning the
indictment."
He told me I must not speak to the jury; but if I had anything to
say, I must speak to him.
I asked him whether the oath was to be tendered to the King's
subjects only, or to the subjects of foreign princes.
He replied, "To the subjects of this realm."
"Then," said I, "look in the indictment, and thou mayest see the word
'subject' is left out of this indictment also. Therefore, seeing the
oath is not to be tendered to any but the subjects of this realm,
and ye have not put me in as a subject, the court is to take no
notice of this indictment."
I had no sooner spoken thus than the Judge cried, "Take him away,
jailer, take him away." So I was presently hurried away.
The jailer and people expected that I should be called for again; but
I was never brought to the court any more, though I had many other
great errors to assign in the indictment.
After I was gone, the Judge asked the jury if they were agreed. They
said, "Yes," and found for the King against me, as I was told. But I
was never called to hear sentence given, nor was any given against me
that I could hear of.
Public-domain text, read in full here on John Shaqi.
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