Wom. My Lord, said she, he is kept unlawfully in prison; they clapped him up before there was any proclamation against the meetings; the indictment also is false. Besides, they never asked him whether he was guilty or no; neither did he confess the indictment.
One of the Justices. Then one of the justices that stood by, whom she knew not, said, My Lord, he was lawfully convicted.
Wom. It is false, said she; for when they said to him, Do you confess the indictment? he said only this, that he had been at several meetings, both where there was preaching the Word, and prayer, and that they had God’s presence among them.
Judge Twisdon. Whereat Judge Twisdon answered very angrily, saying, ‘What! you think we can do what we list; your husband is a breaker of the peace, and is convicted by the law,’ &c. Whereupon Judge Hale called for the Statute Book.
Wom. But, said she, my Lord, he was not lawfully convicted.
Chester. Then Justice Chester said, ‘My Lord, he was lawfully convicted.’
Wom. It is false, said she; it was but a word of discourse that they took for a conviction, as you heard before.
Chest. ‘But it is recorded, woman, it is recorded,’ said Justice Chester; as if it must be of necessity true, because it was recorded. With which words he often endeavoured to stop her mouth, having no other argument to convince her, but ‘it is recorded, it is recorded.’[13]
Wom. My Lord, said she, I was a while since at London, to see if I could get my husband’s liberty; and there I spoke with my Lord Barkwood, one of the House of Lords, to whom I delivered a petition, who took it of me and presented it to some of the rest of the House of Lords, for my husband’s releasement: who, when they had seen it, they said that they could not release him, but had committed his releasement to the judges, at the next assizes. This he told me; and now I come to you to see if anything may be done in this business, and you give neither releasement nor relief. To which they gave her no answer, but made as if they heard her not.[14]
Chest. Only Justice Chester was often up with this, ‘He is convicted,’ and ‘It is recorded.’