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judgement_n erroneous_a error_n writ_n 2,062 5 9.6571 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38972 The examination and tryall of Margaret Fell and George Fox (at the severall assizes held at Lancaster the 14th and 16th days of the first moneth, 1663, and the 29th of the 6th moneth, 1664) for their obedience to Christs command who saith, swear not at all also something in answer to Bishop Lancelot Andrews sermon concerning swearing. Fox, Margaret Askew Fell, 1614-1702.; Fox, George, 1624-1691. 1664 (1664) Wing E3710; ESTC R20823 23,490 38

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hath committed ten of our friends and put them into a cold room where there was nothing but bare boards to lie on where they have laid several nights some of them old ancient men above threescore years of Age and known to be honest men in their Country where they live and when William Kirby was asked why they might not have liberty to shift for themselves for beds he answered and said they were to commit them to prison but not to provide Prisons for them and we asked him who should do it then and he said the King And then the Judge spoke to him and said they should not do so they should let them have Prisons fit for men with several more such like words and then at that time we were returned to our Chambers again the next day we were called about the 10th hour and I stood up to the Bar and said I had Counsel there and named them that the Judge might assign them to speak and I said I had two or three words to speak before them and I said I did see all sorts of Prisoners that did appear before the Judge received mercy what the Law would afford them but we desired only to receive Justice and Law and the Judge said what are we hear for else so I stepped down and the Lawyers spoke and shewed the Judge severall errours and defects and places of contradiction and confusion in the indictment at which the Judge seemed to give ear to some of them others he seemed to wave but he made a pause and a stop and seemed dissatisfied and then called G. F. and so then when he came to plead and bringing that by which his indictment was quite quenched and then they put the Oath to G. F. Again the Judge spoke to the Lawyers and said he would consider of those particulars they had spoken to and he would speak to his Brother Twisden before he passed Judgment upon me but if I do pass Judgment you may have a Writ of Errour and the Lawyers answered him again will you pass a erroneous Judgment my Lord so after they had called the Grand Jury and tendered G. F. the Oath again they returned us to our Chambers and when they had drawn another indictment of G. F. and found it they called us again in the afternoon and G. F. pleaded to his indictment and entred his Traverse when he had done the Judge spoke to me and said if such a word had been in which was not in mine but it was in G. Fs. and yet it was neither of those words by which his indictment was quashed but if that had been in mine he said he would not have passed sentence but being that it was not there he passed sentence of Premunire then I stood up and told him that he had said to my Counsel that I might have a Writ of Errour to reverse it he said I should have what the Law would afford me so I said the Lord forgive thee for what thou hast done and this Law was made for Popish Recusants but ye pass sentence but on few of them Margaret Fell. The last Assizes holden at Lancaster the 29th of the 6th Moneth 1664. I George Fox being called before the Judge was put amongst the Fellons and Murtherers and there stood amongst them above two hours the people and the Justices and Judge gazing upon me and there they tryed many things before the Judge and they called me to the Bar and then the Judge causted me to be brought and he then caused the Jury to be called and then he askt the Justices whether they had tendered me the Oath at the Sessions and they said they had and the Judge caused the book to be given to the Justices for them to swear they tendered me the Oath according to the indictment and some of them would have refused and the Judge said he would do it to take away occasion that there might be no occasion and when the Justices and Jury was sworn the Judge askt me whether I had not refused to take the Oath the last Assize and I said I never took an Oath in my life and Christ the Saviour and Judge of the world saith swear not at all and the Judge askt me whether or no I had not refused to take the Oath the last Assizes and I answered the words that I said to them was That if they could prove either Priest or Teacher or Justices that after Christ and the Apostles had forbidden swearing that afterwards they commanded that men should swear I would swear The Judge said he was not at that time to dispute whether it was lawful to swear but to enquire whether or no I did refuse to take the Oath Georg. Those things as concernining plotting and the Popes forreign powers c. Contained in that Oath I utterly deny The Judge Said I said well in that George I said to them again as before that if they could prove that after Christ and the Apostle forbad swearing that again they commanded to swear I would swear but Christ and the Apostle commanded not to swear therefore I should shew forth Christianity for I am a Christian. The Judge askt me again whether I had denyed the Oath what did I say George What would thou have me to say I have told thee before what I have said The Judge askt me if I would have those men to swear that I had taken the Oath Geo. Would thou have those men to swear that I have refused to take the Oath at which the Court burst out into laughter I asked them if this Court was a Play-house where is Gravity and Sobriety for that did not become them and so the indictment being read I told the Judge I had something to speak to it I askt him whether all the Oath was not to be put into the indictment and he said yes why then said I here is pretended to be derived and his Heirs and Successours left out and I askt him whether the Oath was to be put to the Kings Subjects and he said yes I answered why am not I put in as a Subject but the word Subject left out of the indictment which is in the Oath and so makes it not the same Oath Jury take notice of it but the Judge said I must speak to the Jury at which words the Judge read the Oath and found it was as I had said so he stood up and said he could put the Oath to me or any man in the Court and so they began to be disturbed in themselves also the Justices And there began to be a murmuring against the Clerks and the Judge he got up and began to cover the errour so I askt whether the last eleventh day of January the Sessions was kept at Lancaster which they call Munday and whether or no the Sessions was not on that they call Tuesday the twelfth of January all people take your Almanacks and see whether any Oath was tendred G.