Judge. Will you answer to your indictment?
F. H. I know not what it is, I never heard it, though I have often desired a copy.
Judge. Clerk, read it.
So he read it: how that F. H. had wilfully, obstinately, and contemptuously denied to swear when the oath was tendered.
F. H. I deny it.
Judge. What do you deny?
F. H. The indictment.
Judge. Did you not deny to swear? And the indictment convicts you that you did not swear.
F. H. I gave unto the court the substance of the oath, as you all know. Secondly, I told you I did not deny it out of obstinacy or wilfulness, neither in contempt of the king’s law or government; for my will would rather choose my liberty, than bonds; and I am sensible it is like to be a great damage to me; I have a wife and children, and some estate, which we might subsist upon, and do good to others, and I know all this lies at stake; but if it were my life also, I durst not but do as I do, lest I should incur the displeasure of God; and do you judge I would lose my liberty wilfully, and suffer the spoiling of my estate, and the ruining of my wife and children in obstinacy and wilfulness? Surely nay.
Judge. Jury, you see he denies the oath, and he will not plead to the indictment, only excepts against it because of the form of words, but you see he will not swear, and yet he says he denies the indictment, and you see upon what ground.