Prisoners. Then we cried out, will you not give us leave to speak for ourselves? We except against some of the jury, as being our enemies, and some of them who by force commanded us to be pulled out of our meetings, contrary to law, and carried us to prison without warrant, or other due process of law; and shall these be our judges? We except against them.
Judge. It is too late now, you should have done it before they had been sworn jurymen. Jury, go together, that which you have to find, is whether they have refused to take the oath, or no, which hath been sworn before you that they did refuse: you need not go from the bar. And like words said the recorder and others, there being a confusion and noise in the court, many speaking together.
Prisoners. Then we cried for justice, and that we might be heard, to make our defence, before the jury gave their verdict; but the judge and recorder said, we should not be heard, (making good by their practice, what the chief judge had said the day before, viz. That if we had liberty to speak, we would make ourselves famous and them odious,) crying again stop their mouths, executioner; which was done accordingly, with a dirty cloth, and also endeavoured to have gagged me, striving to get hold of my tongue, having a gag ready in his hand for that purpose; and so we were served several times. Then I called out with a loud voice, Will you condemn us without hearing? This is to deal worse with us, than Pilate did with Christ, who, though he condemned him without a cause, yet not without hearing him speak for himself; but you deny us both.
Judge. Let Mr. Gray come to the bar. Room being made, he was conveyed to an officer in the inner bar, where he spake to the court to this purpose: I desire to know whether, according to law, and the practice of this court, myself and my fellow prisoners, may have liberty to put in bail, to prosecute our traverse at the next sessions?
Court. No, we will try you presently.
Judge. Stop their mouths, executioner: and this was the cry of many upon the bench, they being still in a continued confusion; some crying to the jury, Give in your verdict, for we will not hear them; with other words which could not be heard for the noise, the court being in confusion.
J. C. You might as well have caused us to have been murdered before we came hither, as to bring us hither under pretence to try us, and not give us leave to make our defence; you had as good take away our lives at the bar, as to command us thus to be abused, and to have our mouths stopped: was ever the like known? Let the righteous God judge between us. Will you hear me? You have often promised that you would.
Judge. Hear me, and we will hear you: then he began to speak, and some others of the bench interrupted him: sometimes they speaking two or three at a time, and a noise amongst the officers of the court: but the judge said, We may give you liberty till the next sessions, but we may choose; and therefore we will try you now.
J. C. I bade the people take notice of their promise, that I should have liberty to speak, saying, See now you be as good as your words.
Judge. The law of England is not only just, but merciful; and therefore you shall not be surprised, but shall have what justice the law allows—Interruption.