[While in the jail Fox addressed a paper "against swearing" to the grand and petty juries.]
This paper passing among them from the jury to the justices, they presented it to the Judge; so that when we were called before the Judge, he bade the clerk give me that paper, and then asked me whether that seditious paper was mine. I said to him, "If they will read it out in open court, that I may hear it, if it is mine I will own it, and stand by it." He would have had me take it and look upon it in my own hand; but I again desired that it might be read, that all the country might hear it, and judge whether there was any sedition in it or not; for if there were, I was willing to suffer for it.
At last the clerk of the assize read it, with an audible voice, that all the people might hear it. When he had done I told them it was my paper; that I would own it, and so might they too, unless they would deny the Scripture: for was not this Scripture language, and the words and commands of Christ, and the Apostle, which all true Christians ought to obey?
Then they let fall that subject; and the Judge fell upon us about our hats again, bidding the jailer take them off; which he did, and gave them to us; and we put them on again. Then we asked the Judge and the justices, for what cause we had lain in prison these nine weeks, seeing they now objected to nothing but our hats. And as for putting off our hats, I told them that that was the honour which God would lay in the dust, though they made so much ado about it; the honour which is of men, and which men seek one of another, and is a mark of unbelievers. For "How can ye believe," saith Christ, "who receive honour one of another, and seek not the honour that cometh from God only?" Christ saith, "I receive not honour from men"; and all true Christians should be of His mind.
Then the Judge began to make a pompous speech, how he represented the Lord Protector's person, who made him Lord Chief-Justice of England, and sent him to come that circuit, etc. We desired him, then, that he would do us justice for our false imprisonment which we had suffered nine weeks wrongfully. But instead of that, they brought an indictment framed against us; so full of lies that I thought it had been against some of the thieves,—"that we came by force and arms, and in a hostile manner, into the court"; who were brought as aforesaid. I told them it was all false; and still we cried for justice for our false imprisonment, being taken up in our journey without cause by Major Ceely.
Then Peter Ceely said to the Judge, "May it please you, my lord, this man (pointing to me) went aside with me, and told me how serviceable I might be for his design; that he could raise forty thousand men at an hour's warning, involve the nation in blood, and so bring in King Charles. I would have aided him out of the country, but he would not go. If it please you, my lord, I have a witness to swear it."
So he called upon his witness; but the Judge not being forward to examine the witness, I desired that he would be pleased to let my mittimus be read in the face of the court and the country, in which the crime was signified for which I was sent to prison. The Judge said it should not be read. I said, "It ought to be, seeing it concerned my liberty and my life." The Judge said again, "It shall not be read." I said, "It ought to be read; for if I have done anything worthy of death, or of bonds, let all the country know it."
Then seeing they would not read it, I spoke to one of my fellow-prisoners: "Thou hast a copy of it; read it up." "It shall not be read," said the Judge; "jailer, take him away. I'll see whether he or I shall be master."
So I was taken away, and awhile after called for again. I still called to have the mittimus read; for that signified the cause of my commitment. I again spoke to the Friend, my fellow-prisoner, to read it up; which he did. The Judge, justices, and the whole court were silent; for the people were eager to hear it. It was as followeth: