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The History of Thomas Ellwood Written By Himself by Thomas Ellwood
page 129 of 246 (52%)
I expected I should have been called the first, because my name was
first taken down; but it proved otherwise, so that I was one of the
last that was called; which gave me the advantage of hearing the
pleas of the other prisoners, and discovering the temper of the
Court.

The prisoners complained of the illegality of their imprisonment,
and desired to know what they had lain so long in prison for. The
Court regarded nothing of that, and did not stick to tell them so,
"For," said the Recorder to them, "if you think you have been
wrongfully imprisoned, you have your remedy at law, and may take it,
if you think it worth your while. The Court," said he, "may send
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 praemunire you." Accordingly, as each one
refused it, he was set aside and another called.

By this I saw it was in vain for me to insist upon false
imprisonment or ask the cause of my commitment; though I had before
furnished myself with some authorities and maxims of law on the
subject, to have pleaded, if room had been given, and I had the book
out of which I took them in my bosom; for the weather being cold, I
wore a gown girt about the middle, and had put the book within it.
But I now resolved to wave all that, and insist upon another plea,
which just then came into my mind.

As soon therefore as I was called I stepped nimbly to the bar, and
stood 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
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