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In the Sixth Month the Affizes were held again at 1664. at Lancaster, and the fame Judges, Twifden and Turner, came that Circuit again: but Judge Tur-Lacaner then fate on the Crown-Bench; and fo I was es brought before him. But before I was called to the Bar, I was put among the Murderers and Fellons for about the space of two Hours; the People, the Juftices, and the Judge alfo gazing upon me. After they had Tried feveral others, they called me to the Bar; and impannel'd a Jury: And then the Judge asked the Juftices, Whether they had tendered me the Oath at the Seffions? And they said, They had. Then he bid, Give them the Book, that they might fwear, they had tendered me the Oath at the Seffions? And they faid, They bad. Then he bid, Give them the Book, that they might fwear, they had tendered me the Oath according to the Indictment. Some of the Juftices refufed to be Sworn: but the Judge faid, he would have it done to take away all Occafion of Exception. Now when the That Jury were fworn, and the Juftices had fworn, they had tendered me the Oath, according to the Indiament; then the Judge asked me, Whether I had not refufed the Oath at the laft Affizes? I faid, "I never

took Oath in my Life; and Chrift, the Saviour and 'Judge of the World, faid, Swear not at all. The Judge feemed not to take notice of my Anfwer; but asked me: Whether or no I had not refused to take the Oath at the laft Affize? I faid: The Words, that I "then fpake to them, were, That if they could prove, either Judge, Juftices, Prieft or Teacher, that after 'Chrift and the Apoftle had forbidden Swearing, 'they commanded, that Chriftians fhould Swear, I 'would Swear. The Judge faid, He was not at that time to difpute, whether it was lawful to Swear; but to Inquire, whether I had refused to take the Oath, or no. I told him, Thofe things mentioned in the Oath, as Plotting against the King, and owning the Pope's, or any other Foreign Power, I utterly deny. Well, faid he, Tou fay well in that but did you deny to take the Oath? What Say you? What would'ft thou have me

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to fay, faid I? for I have told thee before, what I did fay. Then he asked me, If I would have thefe Men to Swear, that I had taken the Oath? I asked Shim, If he would have thofe Men to Swear, that I bad refufed the Oath? At which the Court burst out into Laughter. I was grieved, to fee fo much Lightnefs in a Court, where fuch Solemn Matters are handled; and thereupon asked them: If this Court was a Play-house? Where is Gravity and Sobriety, faid I? for this Behaviour doth not become you. Then the Clerk read the Indictment and I told the Judge, 'I had fomething to speak to it, (for I had informed my felf of the Errors, that were in it.) He told me, He would hear me afterward any Reafons, that I could alledge, why he should not give Judgment. Then I fpake 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 grofs Errors in it. The Judge faid, I must not speak to the Jury, but he would speak to them: and he told them, I had denied to take the Oath at the laft Affizes; and, faid he, I can tender the Oath to any Man now, and Premunire him for not taking it: And he faid, They must bring me in Guilty, feeing I refu Jed to take the Oath Then, faid I, what do ye do with a Form? Ye may throw away your Form then. And I told the Jury, it lay upon their Confciences, as they would anfwer it to the Lord God before his Judgment-Seat. Then the Judge fpake again to the Jury; and I bid him, do me Justice. So the Jury brought me in Guilty. Whereupon I told them, That both the Juftices, and they too had forfworn themselves; and therefore they had fmall caufe to laugh, as they did a little before. Oh the Envy, and Rage, and Malice, that was there againft me, and the Lightnefs! But the Lord confounded them, and they were wonderfully ftopt. So they fet me afide; and called up Margaret Fell, who had a great deal of good Service among'ft them: and then the Court brake up near the Second Hour.

In the Afternoon we were brought up again, to 1664. have Sentence paffed upon us: And Margaret Fell defired, that Sentence might be deferred, till the next Lancafter Af Morning. I defired nothing, but Law and Juftice sizes.

at his hands; for the Thieves had Mercy: Only 1 'defired the Judge to fend fome to fee my Prifon; 'which was fo bad, they would put no Creature they had in it: and I told him, that Col. Kirby, who was then on the Bench, faid, I should be locked up, and no Flesh alive fhould come to me. The Judge fhook his Head, and faid; When the Sentence was given, be i would leave me to the favour of the Failer. Now noft of the Gentry of the Country were gathered together, expecting to hear the Sentence; and the Noise among the People was, That I should be Transported. But they were all croffed at that time: for the Sentence ⚫ being deferred, till next Morning; I was had back, as I came, to Prifon again. Upon my complaining of the badnefs of my Prifon, fome of the Juftices, with Col. Kirby went up to fee it: But when they came to it, they durft hardly go into it; the Floor was fo bad and dangerous, and the place fo open to Wind and Rain: and fome that came up, faid; Sure, it was a Fakes-houfe. When Col. Kirby faw it, and heard what others faid of it, he excufed the matter as well as he could, and faid; I should be removed from that place, ere it was long, to fome more convenient place.

Next day, towards the Eleventh Hour, we were called forth again to hear the Sentence: And Margaret Fell being called firft to the Bar, fhe had fome Counfels to Plead; who found many Errors in her Indictment: Whereupon, after the Judge had acknowledged them, fhe was fet by. Then the Judge asked, What they could fay to mine? Now I was not willing to let any Man plead for me; but to speak to it my felf: And indeed, though Margaret had fome, that pleaded for her; yet the Spake as much her felf, as be would. But before I came to the Bar, I was moved in my Spirit to pray, That God would con

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1664. ' found their Wickedness and Envy, and fet his Truth over all, and exalt his Seed. And the Lord heard Lana and anfwered, and did Confound them in their Proter Afceedings against me. And though they had moft Envy against me; yet the moft grofs Errors were found in my Indictment.

Now, I having put by others from pleading for me, the Judge asked me; What I had to say, why he Should not pafs Sentence upon me. I told him, "I was no Lawyer; but I had much to fay, if he would but have Patience to hear. At that he laughed, and others laughed alfo, and faid, Come, what have you to Say? He can fay nothing. Yes, faid I, I have much to fay have but the Patience to hear me.

'Then I asked him, Whether the Oath was to be ⚫ tendred to the King's Subjects, or to the Subjects of Foreign Princes? He faid, To the Subjects of this Realm. Then faid I, Look the Indiament, and ye may fee, that ye have left out the Word Subject: fo "not having named me in the Indictment, as a Subject, ye cannot Premunire me for not taking an Oath. Then they looked the Statute, and the Indictment, and faw that it was as I faid: and the Judge confeffed it was an Error. I told him, I had fomething else to ftop his Judgment. And I defired him to look, What Day the Indictment faid the Oath was tendred to me at the Seffions there? They look'd, and faid, It was the Eleventh Day of January. What Day of the Week was that Seffion held on, faid I. Ona Tuesday, faid they. Then faid I, 'Look your Almanacks, and fee, whether there was any Seffions held at Lancafter on the Eleventh Day of January, fo called? So they looked, and found, that the Eleventh Day was the Day called Monday, and that the Seffions was on the Day called Tuesday, which was the Twelfth Day of that Month. Look ye now, Look ye now, said I; ye have Indicted me for refufing the Oath in the Quarter-Seffions held at Lancafter on the Eleventh Day of January laft, and the Juftices have Sworn, that they tendred me the Oath in open Seffions here that

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Day; and the Jury upon their Oaths have found 1664. 'me Guilty thereupon: and yet ye fee, there was no 'Seffion held in Lancafter that Day. Then the Judge, ar dfto have covered the matter, asked, Whether the Sef- fizes fions did not begin on the Eleventh Day? But fome in the Court answered, No; The Seffion held but one Day, and that was the Twelfth. Then the Judge faid, This was a great Mistake, and an Error. Some of the Juftices were in a great Rage at this, and were ready to have gone off the Bench, and ftampt, and faid; Who bath done this? Some body hath done it on purpose: and a great Heat was amongst them. Then faid I, Are not the Juftices here, that have Sworn to this Indictment, forfworn Men in the face of the "Country? But this is not all, faid I; I have more yet to offer, why Sentence fhould not be given a'gainst me. Then I asked; In what Year of the King the laft Affize here was holden, which was in the Month called March laft? And the Judge faid, It was in the Sixteenth Year of the King. But, 'faid I, the Indictment fays, It was in the Fifteenth 'Year: and they looked, and found it fo. This alfo was acknowledged to be another Error. But then they were all in a Fret again, both Judge and Juftices, and could not tell, what to fay: For the Judge had fworn the Officers of the Court, that the Oath was tendered to me at the Affize mentioned in the Indictment. 'Now, faid I, Is not the Court here forfworn alfo, who have fworn, that the Oath was tendered to me at the Affize holden here in the Fifteenth Year of the King, when-as it was in his Sixteenth Year; and fo they have fworn a whole Year falfe? The Judge bid them look, whether Margaret Fell's Indectment was fo or no? And they lookt; and found, it was not fo. I told the Judge, I had more yet to offer, to ftop Sentence: And I asked him; Whether All the Oath ought to be put into the In'dictment, or no? Yes, faid he, it ought to be All put in. Then faid I, 'Compare the Indictment with the Oath, and there thou may'ft fee.thefe Words,

⚫ viz,