See account of this court scene, by John Rogers, 2d. (Part I., Chapter V.).
Being ordered to take the oath, she is silent, as her husband has enjoined, while he declares to the court that this her child in his arms is his own. The court knows, as well as the man before them, that his first marriage has not been annulled for any legal cause; that he had reason to refuse a repetition of the ceremony. But while those who make and administer laws may be allowed to ignore them with impunity, lesser people must abide by them; least of all must this man escape, who has imperilled the ecclesiasticism of the land. They threaten Mary with stripes, if she continue her refusal to take the oath. She looks from the judge to the man who stands, so earnest and anxious, with the babe in his arms, bidding her not to take the oath, declaring that, if she obey him, he will shield her from harm. She knows he will do all that he can to protect her; but she has seen marks of the stripes upon his own back; she knows how he has sat for hours in the stocks, and been held for weary years in prison. Can he rescue her from the stripes?
He sees her yielding and pleads with her, pleads that she will save their child from this dishonor. The court sternly repeats the threat. Again he promises to defend her, in case she will obey him; but declares that, if she yield, branding his child as base-born, herself as common, and himself a villain, he needs must hesitate, hereafter, to own her as his wife.
She sees the court will not be trifled with. She knows that John Rogers uses no idle words. Yet will it not be safer to brave his displeasure than that of the court? She takes the oath, and declares John Rogers to be the father of her child. The cloud grows dark upon the father’s face. He folds his branded child against his heart and goes his way. All this he risked to hold his first love first, in seeming as in truth; has risked and lost.
The court proceeds as usual in cases of illegitimacy, pronouncing John Rogers the father of the child, and ordering that he pay 2_s._ 6_d._ per week towards its maintenance, until it is four years of age. Mary is allowed until the end of the following month to pay the usual fine of 40_s._, in case of non-payment of which she shall receive ten stripes on the naked body. In the meantime, she is to be detained in prison. Will John Rogers own his child to be illegitimate by paying this fine? By no means.