in that: but did you deny to take the oath; what say you?" "What wouldst thou have me to say?" replied he, "I have told thee before what I did say." After some more words from both sides, the indictment was read. G. Fox having informed himself of the errors that were in it, said he had something to speak to it, for there were many gross errors in it. The judge signified that he would not hear him, but when he was at the point of giving judgment the jury going out, soon returned, and brought him in guilty. Whereupon he told them, that both the justices and they too had foresworn themselves; which caused such confusion in the court, that the pronouncing judgment was delayed. Margaret Fell being next brought to the bar, was also declared guilty. The next day she and G. Fox were brought up again to receive sentence. Her counsel pleading many errors in her indictment, she was set by; and G. Fox then being called, shewed himself unwilling to let any man plead for him; which seemed to make some stop; yet he was asked by the judge, what he had to say, why he should not pass sentence upon him. At which he told him, "I am no lawyer, but yet I have, much to say, if thou wilt but have patience to hear." Thereupon those on the bench laughed and said, "Come what have you to say?" Then he asked the judge, whether the oath was to be tendered to the king's subjects, or to the subjects of foreign princes." To which the judge said, "To the subjects of this realm." Then said George, "Look on the indictment, and ye may see that ye have left out the word subject: and not having named me in the indictment as a subject, ye cannot premunire me for not taking the oath." They then looking to the statute, and the indictment, saw that it was as he said, and the judge confessed that it was an error. Next G. F. told him, he had something else to stop judgment; and he desired them to look what day the indictment said the oath was tendered to him at the sessions there? They looking, said, it was the eleventh day of January : then he asked, "What day of the week was that session held on?" "On a Tuesday," said they. To which G. F. said, "Look in your almanack, and see whether there was any sessions held at Lancaster on the eleventh of January." They looking, found that the eleventh day, was the day called Monday, and that the sessions were on the day called Tuesday, which was the twelfth day of the said month: "Look ye now," said he, "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 oath have found me guilty thereupon; and yet ye see there was no sessions held at Lancaster that day." The judge, to cover the matter, asked, "Whether the sessions did not begin on the eleventh day?" To which some in the court answered, "No; the sessions held but one day, and that was the twelfth." Then the judge said, this was a great mistake, and an error." Some of the judges grew so angry at this, that they seeming ready to have gone off the bench, stamped, and said, "Who hath done this? Somebody hath done this on purpose." Then said G. F. "Are not the justices here that have sworn to this indictment, foresworn men?" But this is not all; I have more yet to offer why sentence should not be given against me, in what year of the king was it, that the last assize, which was in the month called March, was holden here?" To this the judge said, "It was in the sixteenth year of the king." But said G. Fox. "The indictment says it was in the fifteenth year." This was also acknowledged to be an error: but both judge and justices were in such a fret, that they knew not what to say; for it had been sworn also, that the oath was tendered to G. Fox at the assize mentioned in the indictment, viz. in the fifteenth year of the king, whereas it was in the sixteenth; which made G. Fox say, "Is not the court here forsworn also, they having sworn a whole year false?" Some other remarkable errors he shewed, which I, having no mind to be tedious, pass by in silence. G. Fox then desiring justice, and saying, that he did not look for mercy, the judge said, you must have justice, and you shall have law; which made him ask, "Am I now free from all that hath been done in this matter?" "Yes," said the judge: but then starting up in a rage he said, "I can put the oath to any man here ; and I will tender you the oath again." G. Fox then telling him, that he had examples enough of yesterday's swearing, and false swearing; "For I saw before my eyes," said he, "That both justices and jury forswore themselves;" yet the judge asked him, if he would take the oath? But he replied, "Do me justice for my false imprisonment all this while;" for he had been locked up, as was well known, in a wet and cold room, and therefore he said, "I ought to be set at liberty." At which the judge said, "You are at liberty, but I will put the oath to you again." G. Fox then turning himself about, said to the people, "Take notice, this is a snare ; but I ought to be set free from the jailor, and from this court." But the judge instead of hearkening to that, cried, "Give him the book." G. Fox then taking the book, and looking in it, said, "I see it is a bible, and I am glad of it." In the meantime the jury being called by order of the judge, they stood by; for though they had desired, after they had brought in their former verdict, to be dismissed, yet he told them, he could not dismiss them yet, because he should have business for them and therefore they must attend, and be ready. G. Fox, perceiving his intent, looked him in the face, which made him blush: nevertheless he caused the oath to be read, and then asked G. Fox whether he would take the oath or no; to which he said, "Ye have given me a book here to kiss, and to swear on; and this book says, kiss the Son; and the Son says in this book, "Swear not at all," and so says also the apostle James: now I say as the book says, and yet ye imprison me, for doing as the book bids me. How chance ye do not imprison the book for saying so? How comes it the book is at liberty among you, which bids me swear not? Why do not ye imprison the book also; Whilst he was speaking thus, he held up the bible open, to shew the place where Christ forbids swearing. But the book was taken from him, and the judge said, "No, but we will imprison George Fox. This case was so singular, that it was spread over all the country, as a by-word, that they gave G. Fox a book to swear on, that commanded him to swear not at all; and that this book, viz. the Bible, was at liberty, and he in prison, for doing as the Bible said. But the judge urged him still to swear; to which G. Fox said, "I am a man |