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The History of Thomas Ellwood Written By Himself by Thomas Ellwood
page 130 of 246 (52%)
they would say 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,
asked me if I would take the oath of allegiance.

To which I answered: "I conceive this Court hath not power to
tender that oath to me, in the condition wherein I stand."

This so unexpected plea seemed to startle them, so that they looked
one upon another, and said some what low one to another, "What! doth
he demur to the jurisdiction of the Court?" And thereupon the
Recorder asked me, "Do you then demur to the jurisdiction of the
Court?"--"Not absolutely," answered I, "but conditionally, with
respect to my present condition, and the circumstances I am now
under."

"Why, what is your present condition?" said the Recorder.--"A
prisoner," replied I.--"And what is that," said he, "to your taking
or not taking the oath?"--"Enough," said I, "as I conceive, to
exempt me from the tender thereof while I am under this condition."-
-"Pray, what is your reason for that?" said he.--"This," said I,
"that if I rightly understand the words of the statute, I am
required to say that I DO TAKE THIS OATH FREELY AND WITHOUT
CONSTRAINT, which I cannot say, 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 first to set me free from my
present imprisonment."

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