And then they called the jailer to witness and swear that at the last assizes F. H. did refuse, &c. which he did; and the jury, without going from the bar, gave in their verdict, guilty, and then the court broke up that night.
The next day towards evening, when they had tried all the prisoners, Francis was brought to the bar to receive his sentence.
Judge stood up and said, ‘Come, the indictment is proved against you, what have you to say why sentence shall not be given?’
F. H. I have many things to say, if you will hear them. First, as I have said, I denied not out of obstinacy or wilfulness, but was willing to testify the truth in this matter of obedience, or any other matter wherein I was concerned. Secondly, because swearing was directly against the command of Christ. Thirdly, against the doctrine of the apostle. Fourthly, even some of your principal pillars of the church of England; as bishop Usher, some time primate of Ireland, he said in his works, the Waldenses did deny all swearing in their age, from that command of Christ and the apostle James, and it was a sufficient ground; and Dr. Gauden, late bishop of Exeter, in a book of his I lately read, he cited very many ancient fathers, to show, that the first three hundred years Christians did not swear, so that it is no new doctrine.
To which the court seemed to give a little ear, and said nothing, but talked one to another, and Francis stood silent, and then the judge said,
Judge. Sure you mistake.
F. H. I have not the books here.
Judge. Will you say upon your honest word they denied all swearing?
F. H. What I have said is true.
Judge. Why do you not come to church, and hear service, and be subject to the law, and to every ordinance of man for the Lord’s sake?