The History of Thomas Ellwood Written By HimselfEllwood, Thomas
History
The History of Thomas Ellwood Written By Himself
Ellwood, Thomas
Ellwood, Thomas, 1639-1713; Quakers -- Biography
I expected I should have been called the first, because my name was first
taken down; but it proved otherwise, so that I was one of the last that
was called; which gave me the advantage of hearing the pleas of the other
prisoners, and discovering the temper of the Court.
The prisoners complained of the illegality of their imprisonment, and
desired to know what they had lain so long in prison for. The Court
regarded nothing of that, and did not stick to tell them so, “For,” said
the Recorder to them, “if you think you have been wrongfully imprisoned,
you have your remedy at law, and may take it, if you think it worth your
while. The Court,” said he, “may send for any man out of the street and
tender him the oath: so we take no notice how you came hither, but
finding you here, we tender you the oath of allegiance; which if you
refuse to take, we shall commit you, and at length præmunire you.”
Accordingly, as each one refused it, he was set aside and another called.
By this I saw it was in vain for me to insist upon false imprisonment or
ask the cause of my commitment; though I had before furnished myself with
some authorities and maxims of law on the subject, to have pleaded, if
room had been given, and I had the book out of which I took them in my
bosom; for the weather being cold, I wore a gown girt about the middle,
and had put the book within it. But I now resolved to wave all that, and
insist upon another plea, which just then came into my mind.
As soon therefore as I was called I stepped nimbly to the bar, and stood
up upon the stepping, that I might the better both hear and be heard, and
laying my hands upon the bar, stood ready, expecting what they would say
to me.
I suppose they took me for a confident young man, for they looked very
earnestly upon me, and we faced each other, without words, for a while.
At length the Recorder, who was called Sir John Howel, asked me if I
would take the oath of allegiance.
To which I answered: “I conceive this Court hath not power to tender that
oath to me, in the condition wherein I stand.”
This so unexpected plea seemed to startle them, so that they looked one
upon another, and said some what low one to another, “What! doth he demur
to the jurisdiction of the Court?” And thereupon the Recorder asked me,
“Do you then demur to the jurisdiction of the Court?”—“Not absolutely,”
answered I, “but conditionally, with respect to my present condition, and
the circumstances I am now under.”
Public-domain text, read in full here on John Shaqi.
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