1662.if you think it worth your while. The Court, faid he, may fend for any Man out of the Street, and tender him the Oath: So we take no Notice how you came hither, but finding you here, we tender you the Oath of Allegiance; which if you refuse to take, we shall commit you, and at length Præmunire you. Accordingly, as every one refused it, he was fet afide and another called.

By this I faw, it was in vain for me to infift upon falfe Imprisonment, or afk the Cause of my Commitment; though I had before furnished myself with fome Authorities and Maxims of Law on that Subject, to have pleaded if Room had been given; and I had the Book, out of which I took them, in my Bofom Bofom; for the Weather being cold, I wore a Gown girt about the Middle, and had put the Book within it. But I now refolved to wave all that, and infift upon another Plea, which just then came into my Mind.

As foon therefore as I was called, I ftept nimbly to the Bar, and ftood up upon the Stepping, that I might the better both hear and be heard, and laying my Hands upon the Bar, stood ready, expecting what they would fay

to me.

I suppose they took me for a confident young Man, for they looked very earnestly upon me; and we faced each other, without Words, for a while. At length the Recorder, who was called Sir John Howel, afked me, If I would take the Oath of Allegiance ?

To

To which I answered, I conceive this Court 1662. hath not Power to tender that Oath to me, in the Condition wherein I ftand.

This fo unexpected Plea feemed to startle them, fo that they looked one upon another, and faid fomewhat low one to another, What! doth be demur to the Jurifdiction of the Court? And thereupon the Recorder asked me, Do you then demur to the Jurisdiction of the Court? Not abfolutely, anfwered I, but conditionally, with refpect to my prefent Condition, and the Circumstances I am now under.

Why, what is your prefent Condition? faid the Recorder. A Prifoner, replied I. And what is that, faid he, to your taking, or not taking the Oath? Enough, faid I as I conceive, to exempt me from the Tender thereof, while I am under this Condition. Pray, what is your Reafon for that? faid he. This, faid I; That if I rightly understand the Words of the Statute, I am required to fay, That I do take this Oath freely and without Conftraint; which I cannot fay, because I am not a Free-man, but in Bonds, and under Constraint. Wherefore I conceive, that if you would tender that Oath to me, ye ought firft to fet me free from my present Imprisonment.

But, faid the Recorder, will you take the Oath if you be fet free? Thou fhalt fee that, faid I, when I am fet free. Therefore fet me free firft, and then afk the Question.

But, faid he again, you know your own Mind fure, and can tell now what would do, if you

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you

were

1662. were at Liberty. Yes, replied I, that I can ; but I don't hold myself obliged to tell it until I am at Liberty. Therefore fet me at Liberty, and ye fhall foon hear it.

Thus we fenced a good while, till I was both weary of such trifling, and doubted alfo, left fome of the Standers by should suspect I would take it, if I was fet at Liberty. Wherefore when the Recorder put it upon me again, I told him plainly, No; though I thought they ought not to tender it me, till I had been fet at Liberty; yet if I was fet at Liberty, I could not take that, nor any other Oath, because my Lord and Master CHRIST JESUS, had exprefly commanded his Difciples, Not to wear at all.

As His Command was enough to me, fo this Confeffion of mine was enough to them. Take bim away, faid they; and away I was taken, and thrust into the Bail - dock to my other Friends, who had been called before me. And as foon as the reft of our Company were called, and had refused to fwear, we were all committed to Newgate, and thrust into the common Side.

When we came there, we found that Side of the Prifon very full of Friends, who were Prifoners there before (as indeed were, at that Time, all the other Parts of that Prison, and moft of the other Prifons about the Town) and our Addition caufed a great Throng on that Side. Notwithstanding which, we were kindly welcomed by our Friends, whom we found there,

and

and entertained by them, as well as their 1662. Condition would admit, until we could get in our own Accommodations, and provide for ourselves.

We had the Liberty of the Hall (which is on the first Story over the Gate, and which, in the Day-time, is common to all the Prifoners on that Side, Felons as well as others, to walk in and to beg out of) and we had also the Liberty of fome other Rooms over that Hall, to walk or work in a-Days. But in the Night we all lodged in one Room, which was large and round, having in the Middle of it a great Pillar of oaken Timber, which bore up the Chapel that is over it.

To this Pillar we faftned our Hammocks at the one End, and to the oppofite Wall on the other End, quite round the Room, and in three Degrees, or three Stories high, one over the other; fo that they who lay in the upper and middle Row of Hammocks, were obliged to go to Bed first, because they were to climb up to the higher, by getting into the lower. And under the lower Rank of Hammocks, by the Wall-fides were laid Beds upon the Floor, in which the Sick, and fuch weak Perfons as could not get into the Hammocks, lay. And indeed, though the Room was large and pretty airy, yet the Breath and Steam that came from fo many Bodies of different Ages, Conditions and Conftitutions, packt up fo clofe together, was enough to cause Sicknefs amongst us, and I believe did fo. For there were many fick, and fome

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1662. fome very weak; though we were not long there, yet in that Time one of our Fellowprifoners, who lay in one of those Pallet-beds, died.

For

This caused fome Buftle in the House. the Body of the deceafed being laid out, and put into a Coffin, was carried down and fet in the Room called the Lodge, that the Coroner might enquire into the Caufe and Manner of his Death. And the manner of their doing it is thus: As foon as the Coroner is come, the Turnkeys run out into the Street under the Gate, and feize upon every Man that paffes by, till they have got enough to make up the Coroner's Inqueft. And fo refolute these rude Fellows are, that if any Man refift, or difpute it with them, they drag him in by main Force, not regarding what Condition he is of. Nay, I have been told, they will not stick to ftop a Coach, and pluck the Men out of it.

It so happened, that at this Time they lighted on an ancient Man, a grave Citizen, who was trudging through the Gate in great Hafte, and him they laid hold on, telling him, He must come in, and ferve upon the Coroner's Inquest. He pleaded hard, beg'd and befought them to let him go, affuring them, He was going on very urgent Bufinefs, and that the ftopping him would be greatly to his Prejudice. But they were deaf to all Intreaties, and hurried him in, the poor Man chaffing without Remedy.

When they had got their Complement, and were fhut in together, the rest of them faid to

this