The seventh day of the week, called Saturday.
Silence being made, John Crook was called to the bar. The clerk of the sessions read something concerning the jury, which was impanneled on purpose, (as we said,) the jury being discharged who were eye-witnesses of what passed between us and the court: and this jury, were divers of them soldiers, some of whom did by violence and force pull and haul Friends out of their meetings, and some of us out of our houses; and these were of the jury by whom we were to be tried. The clerk reading the indictment, (as I remember.)
J. C. I desire to be heard a few words, which are these, that we may have liberty till the next quarter sessions to traverse the indictment, it being long and in Latin, and like to be a precedent: and I hope I need not press it; because I understood that you promised, (and especially the recorder, who answered, when it was desired, you shall,) that we should have counsel also, the which we cannot be expected to have had the benefit of as yet, the time being so short, and we kept prisoners, that we could not go forth to advise with counsel, neither could we tell how to get them to us; we having no copy of the indictment before this morning; and because so suddenly hurried down to the sessions, we cannot reasonably be supposed to be provided, (as to matter of law,) to make our defence.
Judge. We have given you time enough, and you shall have no more; for we will try you at this time, therefore swear the jury.
J. C. I desire we may have justice, and that we may not be surprised in our trial, but that we may have time till the next quarter sessions, our indictment being in Latin, and so large as it is; and this is but that which is reasonable, and is the practice of other courts: for, if it be but an action above forty shillings, it is not ordinarily ended under two or three terms. And in the quarter sessions, if one be indicted for a trespass, if it be but to the value of five shillings, he shall have liberty to enter his traverse, and upon security given to prosecute, he shall have liberty till the next sessions, which is the ordinary practice: which liberty we desire, and we hope it is so reasonable, it will not be denied, especially upon this occasion, we being like to be made a precedent: and courts of justice have used to be especially careful in making of precedents; for we are not provided, according to law, to make our defence at this time; and therefore if we be put upon it, it will be a surprisal.
Judge. There is no great matter of law in the case; it is only matter of fact, whether you have refused to take the oath or not; this is the point in issue: and what law can arise here?
Recorder. Mr. Crook, the keeper of the prison was spoken to, to tell you, that we intended to try you this day, and therefore ordered him that counsel might come to you if you would; and also that the clerk should give you a copy of the indictment: this is fair; therefore we will go on to swear the jury, for the matter is, whether you refuse the oath, or not? And that is the single point, and there needs neither law nor counsel in the case; and therefore we considered of it last night, when we sent you word, and did determine to try you; and therefore it is in vain to say any thing, for the court is resolved to try you now; therefore swear the jury, cryer.
J. C. I hope you will not surprise us: then the other prisoners, (who also were indicted,) cried out, (having spoken something before,) let us have justice, and let not the jury be sworn till we be first heard. So there was a great noise, the court being in a confusion, some crying, Take them away; others, Stay, let them alone; others saying, Go on to swear the jury; and the cryer, in this uproar and confusion, did do something as if he had done it: then we all cried out for justice and liberty till the next sessions; the court being in a confusion, some crying one thing, and some another, which now cannot be called to mind, by reason of the great distraction that was in the court; neither what we said to them, nor they to us, the noise was so great, and the commands of the court so various to the officers, some commanding them to take us away; others, to let us alone; others, to bring us nearer; others cried, put them into the bail-dock; others, to put them within the furthest bar where the felons use to stand; which we were forced into accordingly. And in this hurlyburly and confusion that was amongst them, some men were sworn, to testify that we refused to take the oath, which we never positively did; other officers of the court, whom they would have sworn, refused to swear, though pressed to it by the chief justice, they desired to be excused. Then spake one of the prisoners again pretty much, but could hardly be understood, by reason of the noise in the court: but the people, to whom he spake with a loud voice, by way of exhortation, might hear the substance of what he said, which cannot now particularly be called to mind; but it was to express the presence and love of God to himself, and to exhort others to mind his fear, that they also might be acquainted with God, &c.
Judge. Stop his mouth, executioner. Which was accordingly done.