Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	end_n	parliament_n	session_n	2,454	5	10.4165	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69826	The Cry of the innocent for justice being a relation of the tryal of John Crook, and others, at the general sessions, held in the Old Bayley, London : beginning the 25th day of the 4th month, called June, in the year 1662 : before the lord mayor of the city of London, and recorder of the same, chief justice Forster, and divers other judges and justices of the peace, so called : published for no other end but to prevent mistakes, and to satisfie all moderate enquirers, concerning the dealings and usages that the said J.C. and others met withal, from the beginning of the said tryals to the end.	Crook, John, 1617-1699.	1662 (1662)	Wing C7200; ESTC R38831	38,768	46

first view may seem otherwise for the Maxime is That the Reason of the Law is the Law it self Now followeth some Exceptions against the Statute made in the 7 Iacobi 6. which requires the taking of the said Oath c First the Title is to be considered which is Who shall take the Oath of Obedience and by whom it shall be ministred and within what time Note that it is not said to the King and his Successors but only to the King And it appears by the Preamble also that this Act was made to enlarge the persons that were to take the Oath being all the Subjects of what estates dignity preheminence sex quality or degree soever he she or they be or shall be above the age of eighteen years c. the former Act of the 3 Iacobi appertaining only to Popish Recusants as before is said Again Note that in the Title aforesaid it is said And within what time it shall be taken which time seems to be particularly set down within which all sorts of persons w●●e to take it as appears in these words towards the end of the said Act And to the intent that due execution may be had of the premises without delay it is further enacted by the Authority aforesaid That all the persons before named who have any certain time limited or expressed when to take the aforesaid Oath shall at the time therein prescribed take the same And the rest within six months next after the end of this present Session of Parliament Note here is a prefixed time for the several sorts of persons to take the said Oath And the rest mark that implying all others whatsoever to take it within six months next after the end of this present Session of Parliament but no Provision is made in the said Act either to minister it afterwards or to swear to any other besides King Iames as it seems and as by the Oath it self also appears for it is said the Oath was to be administred for the tryal of his Majesties Subjects how they stand affected c. and not to the Subjects of his Majesty his Heirs and Successors because it may be supposed the Law-makers intented this Oath to be only sworn to King Iames for it is no where said in the Statute that those who have power to tender the Oath should swear all persons that were to take it to King Iames and afterwards to his Heirs and Successors for though Heirs and Successors are named in the Oath yet it is no where said that this Oath shall be inforced upon the Subjects to swear to any other King after his decease By all which it may be thought that King Iames onely was to be sworn to by vertue of these Laws for although he that took that Oath was thereby obliged to perform it both to the King his Heirs and Successors yet it is no where expressed in either of the Acts that the persons then appointed to take the Oath or others afterwards should take the same to every of the Kings Heirs and Successors as they should come to the Crown But notwithstanding all that hath been said if it should yet be admitted that it might be tendred on the behalf of his Successors after his decease yet these words are carefully to be observed by all who tender the said Oath viz. being duely tendered according to the true intent and meaning of the Statutes and the rather the Ministers of the Oath ought to be careful in observing all due circumstances as in the causing it to be read at the times of the respective tenders according to the directions of the Statutes which was not done to us upon our Tryal some of us not having it read to us at all and others but part of it and that but once neither and the more strictly because the penalty for refusing is so great as Premunire and those other words also are truly to be considered viz. according to the true intent and meaning hereof which cannot be supposed to be observed when it is tendred unto those who do yeeld all due obedience unto the King and also do deny the Pope his principles and practices as aforesaid and refuse it in conscience to an Oath these answering the substance of the Law which requires obedience to the King but cannot observe the ceremony or imposed formality thereof for conscience sake and in this Case this distinction is to be kept unto in this Law as well as others viz. Forma verbalis et forma Legalis which is essentialis or the substance of the Law or thing to be performed for Lex non est insermonam foliis sed in radice rationis posita est Englisht The Law is not in the leaves of words but is placed in the root of Reason and if the distinction aforesaid had been observed the Oath could not in Justice have been tendred to us when the substance of the Law is answered though the particular words or formalities be not kept to yet it hath been adjudged a good observance as in Bufage's Case in the 10th Book of Cook 's Reports upon the Statute of Hen. 6. 23. giving power to the Sheriffs to take Bail c. these three things were alledged against the Sheriff 1. In the Obligation the Law saith reasonable Sureties and the Sheriff took but one Surety 2. In the Condition the Sheriff put in that the Prisoner should appear in person and the Statute saith onely appear generally without the word person 3. Ad respondendum when the Statute saith only the day not naming to answer Yet for all this the Obligation was judged good for the Reasons mentioned in the Book And surely if these omissions and additions contrary to the express words of the Statute could be justly dispensed withal much more then in our Case might our refusal of a ceremony or imposed formality be born withall the substance being observed especially considering the disproportion of the penalties the former the losse of a small sum only but ours the losse of all outward Estates and Liberties also besides being put out of the King's Protection as our Sentence was But we leave this matter to be judged by Him that judgeth righteously More Presidents might be urged in this Case to manifest the hard measure we have met withall but I shall conclude with these few Instances following Vide Sir Robert Cotton's Collections Records in the Tower 39 Hen. 6. 1. That an Oath being the Law of man ought not to be performed when the same tendeth to the suppression of Truth and Right which is against the Law of God and the Statute of 28 Hen. 8. 7. saith That no man of what estate degree or condition soever he be hath power to dispense with God's Laws as all the Clergy of this Realm and the most part of the Vniversities of Christendom and we also do affirm and think and the Common Law of England also saith no less Dr. Stud. cap. 3. pag. 6.

Man may only make Laws of such things as he may judge upon and the Judgment may not be of inward things but only of outward things and the same Book also saith p. 8. The Laws of Princes the Comments of Prelates the Statutes of Commonalties nor yet the Ordinances of the Church are not righteous nor obligatory except they be consonant to the Law of God And cap. 2. p. 4. speaking of the Law written in the heart he saith Against this Law Prescription Statute Custom may not avail and if any be brought in against it they be void and against Justice These things considered it is manifest to every unprejudiced mind that what ever can be said concerning the Statutes aforesaid being but the Laws of men they are void and null because contrary to the Law of Christ who saith Swear not at all And if banishing fining and imprisoning men for Conscience c. were the flagellent methods of the late most tyrannous times who had neither Law nor Reason to support them as the Bishop of Exon saith in his late Book against the Quakers Then what are these dealings and prosecutions and Sentences against us and others only for Conscience sake because we fear an Oath in obedience to our Lord who saith Swear not at all and what these are to be accounted and what Law or Reason they have to support them I leave the wise in heart to judge Now followeth the point of Conscience that I desired to be heard to speak to COnscience hath a voice and is worthy to be heard because according to its Evidence for or against shall every man receive his Sentence That which it speaks concerning Swearing in my heart is according to Christ's Command Mat. 5. 34. who saith Swear not at all and the Example of the Apostle Jam. 5. 12 who continued in the Doctrine of Christ and saith Above all things my Brethren swear not neither by Heaven nor Earth nor any other Oath lest ye fall into condemnation He knew Christ's mind and therefore leaves out the word communication implying that no kind of Oath upon any occasion is to be used among the Brethren and Disciples of Christ And the Apostle Paul Rom. 14. 11. and Phil. 2. 11. referring to the Prophet's words Isa 45. 23. where it 's said Unto me every tongue shall swear c. but the Apostle leaveth out the word Swear as unsuitable to Gospel-times and inserts instead thereof the word Confess saying Every tongue shall Confess to God as if that which might be sworn to in the time of the Law is now only to be confirmed by bare confession or negation and the reason is because Gospel-dayes are supposed to be attended with clearer Light and greater Power that our yea might be yea and our nay nay in all things for now whatsoever is more than these cometh of evil and savoureth of fleshly distrust as the Apostle phraseth it elsewhere 2 Cor. 1. 17 18 c. And though the Law made nothing perfect yet the bringing in of the better hope doth and unto this perfection Christ Jesus is pressing his Disciples as may be seen Mat. 5. last vers where he concludes with these words after he had pressed them to many things and not to swear at all Be ye therefore perfect as your Father which is in Heaven is perfect for the requiring of an Oath supposeth unbelief in the one party which is no more to be pleaded for than it is to be practised in a true Christian for they that are truly Christians are Sons of God and as many as are so are led by the Spirit of God Rom. 8. 14. which is Truth and leadeth them into all Truth Much might be said on this behalf but it being so fully asserted by divers Witnesses whose Testimonies are publisht concerning this Subject for the good of all that desire to know the Truth I shall conclude with few words viz. That there being both so full and plain Texts of Scripture to ground such a Belief upon as ours is in this point and such demonstration of right Reason also it may very well be spoke to as a Case of Conscience and ought to have Audience at your Bar and the opposers of it and the imposers of an Oath will be the more inexcusable before God in the day when he shal sit to judge the secrets of all men by Jesus Christ according to that Gospel which saith Swear not at all Where then will those appear that inflict so great punishments upon the Innocent that make Conscience both of what they say and do and if this Maxime be true that Conscientia errans obligat as the Bishop of Exon confesseth how then shall the punishers of such men for practising according to their Consciences truly enlightned escape the righteous Judgments of God For if Conscience be that for the sake of which and not for Wrath only Obedience is to be yeelded to Magistrates Then in true Equity and right Reason it followeth That Magistrates ought not to punish for such Obedience as is according to Conscience Some ANIMADVERSIONS upon the whole Matter shewing the Severity and Unmercifulness if not cruel Injustice of the late Proceedings against us Leaving it to be judged by God's Witness in every Conscience Considering our first taking without Warrant by force of Arms and our Commitment thereupon with the Proceedings upon that Commitment at Hicks's-Hall Middlesex by Indictment against J. C. upon the late Act of Parliament against Quakers c. and his pleading not Guilty thereunto with the Court 's committing him again to Prison where he remained until the Sessions in the Old Bailey as aforesaid The Court 's often refusal to take any notice of former Proceedings or any injury or wrong that he had sustained either in Apprehension or Proceedings or so much as the Cause it self for which he was imprisoned The Court 's putting him upon Interrogatories no Accuser appearing to accuse himself in tendring him the Oath of Allegiance as a snare that so his Refusal might become a Crime for them to punish him for carrying themselves rather as Parties than as equal Judges between two Because we were surprized in our Tryal expecting that according to our Mittimus and former Proceedings we should have been tryed upon the late Act of Parliament made on purpose against Quakers c. not in the least expecting any such Proceedings as we met withall and therefore could not be provided to make our Defence according to Law seeing we were committed upon pretence of one Law and prosecuted under colour of another which could not without force cast any face upon us as persons concerned to be tryed by it viz. 3. Jacob. 4. Intituled An Act for discovering and repressing of Popish Recusants It further appears in that our Judges declined the late Act which was made on purpose after the Imprisoning of so many thousand Quakers only for refusing to take the same Oath of Allegiance which Imprisonment begat so

the Chief Judge commanded the Cryer of the Court to call one of the Prisoners to the Bar who was brought thither accordingly out of the Bail-Dock from amongst the Felons and Murderers Chief Judge What Meeting was that you were at Prisoner I desire to be heard Where is mine Accuser for I expect the Issue will be brought forth having been thus long in Prison C. Judg. Your tongue is your own and you must not have liberty to speak what you list Pris I speak in the presence and fear of the Everlasting God that my tongue is not my own for it is the Lords and to be disposed of according to his pleasure and not to speak my own words and therefore I desire to be heard I have been so long in Prison Then he was interrupted by the Judge Judg. Leave your Canting and commanded him to be taken away which he was accordingly by the Jaylor This was the substance of what the Prisoner aforesaid spake the first time C. Judg. Call John Crook to the Bar which the Cryer did accordingly he being amongst the Felons as aforesaid John Crook being brought to the Bar C. Judg. When did you take the Oath of Allegiance J. Crook I desire to be heard C. Judg. Answer to the Question and you shall be heard J. Cr. I have been about six weeks in Prison and am I now called to accuse my self For the answering to this Question in the Negative is to accuse my self which you ought not to put me upon for nemo debet seipsum prodere I am an English-man and by the Law of England I ought not to be taken nor imprisoned nor deseired of my Free-hold nor called in question nor put to answer but according to the Law of the Land which I challenge as my Birthright on my own behalf and all that hear me this day or words to this purpose I stand here at this Bar as a Delinquent and do desire that my Accuser may be brought forth to accuse me for my Delinquency and then I shall answer to my Charge if any I be guilty of C. Judge You are here demanded to take the Oath of Allegiance and when you have done that then you shall be heard about the other for we have power to tender it to any man J. C. Not to me upon this occasion in this place for I am brought hither as an Offender already and not to be made an Offender here or to accuse my self for I am an English-man as I have said to you and challenge the benefit of the Laws of England for by them is a better Inheritance derived to me as an English-man than that which I receive from my Parents for by the former the latter is preserved and this the 29th Chapter of Magna Charta and the Petition of Right mentioned in the 3d of Car. 1. and in other good Laws of England and therefore I desire the benefit and observance of them And you that are Judges upon the Bench ought to be my Counsel and not my Accusers but to inform me of the benefit of those Laws and wherein I am ignorant you ought to inform me that I may not suffer through my own ignorance of those advantages which the Laws of England afford me as an English-man Reader I here give thee a brief Account of my Taking and Imprisoning that thou mayest the better judge what Justice I had from the Court aforesaid which is as followeth I being in Johns-street London about the 13th day of the 3d month called May with some others of the People of God to wait upon him as we were sate together there came in a rude man called Miller with a long Cane in his hand who laid violent hands upon me with some others beating some commanding the Constables who came in after him but having no Warrant were not willing to meddle but as his threatnings prevailed they being afraid of him joyned with him to carry several of us before Justice Powel so called who the next day sent us to the Sessions at Hicks's-Hall where after some discourse several times with them manifesting to them the Illegality both of our Commitment and their Proceedings thereupon yet notwithstanding they committed me and others and caused an Indictment to be drawn against us founded upon the late Act against Quakers and others and then remanded us to New-Prison where we continued for some dayes and then removed to Newgate where we remained until the Sessions in the Old Bailey aforesaid whereby thou mayest understand what Justice I met withal by what went before and now further follows C. Judg. We sit here to do Justice and are upon our Oaths and we are to tell you what is Law and not you us Therefore sirrah you are too bold J. C. Sirrah is not a word becoming a Judge for I am no Felon neither ought you to menace the Prisoner at the Bar for I stand here arraigned as for my Life and Liberty and the Preservation of my Wife and Children and outward Estate they being now at the stake Therefore you ought to hear me to the full what I can say in my own Defence according to Law and that in its season as it is given me to speak Therefore I hope the Court will bear with me if I am bold to assert my Liberty as an English-man and as a Christian and if I speak loud it is my Zeal for the Truth and for the Name of the Lord and mine Innocency makes me bold Judg. It is an evil zeal interrupting John Crook J. Cr. No I am bold in the Name of the Lord God Almighty the everlasting Jehovah to assert the Truth and stand as a Witness for it Let my Accuser be brought forth and I am ready to answer any Court of Justice Then the Judge interrupted me saying Sirrah with some other words I do not remember but I answered You are not to threaten me neither are those menaces fit for the mouth of a Judge for the safety of a Prisoner stands in the indifferency of the Court And you ought not to behave your selves as Parties seeking all advantages against the Prisoner but not heeding any thing that may make for his clearing or advantage The Judge again interrupted me saying Judg. Sirrah you are to take the Oath and here we tender it you bidding read it J. Cr. Let me see mine Accuser that I may know for what cause I have been six weeks imprisoned and do not put me to accuse my self by asking me Questions but either let my Accuser come forth or otherwise let me be discharged by Proclamation as you ought to do Here I was interrupted again Judge Twisden We take no notice of your being here otherwise than of a stragler or as any other person or of the people that are here this day for we may tender the Oath to any man And another Judge spake to the like purpose J. C. I am here at your Bar as a Prisoner restrained of my

at that time expecting they would have given him liberty until the next Sessions and therefore had no thoughts of speaking to these things when he was called to the Bar but the Court denyed him liberty yet he began to speak as followeth but was interrupted AS to Law in this Case for which I am called to your Bar many things might be said as first to the Statutes themselves that require the Oath For the 3d Jacob. 4. the ground or cause of the making that Law was the Gunpowder-Plot as is manifest in the preamble of the said Act in which the Papists only were the persons concerned and therefore the Title of the Act is called An Act for the discovering and repressing of Popish Recusants Observe not Popish Recusants and others but only Popish Recusants the Parliament intending them and no others when that Law was made as appears further by these words in the Preamble of the 7. Jacobi viz. beseeching your Majesty that the same Oath may be administred to all your Subjects Mark By these words to all your Subjects implyed that the 3. Jacobi was to be restrained only to the Popish Recusants otherwise these words to all c. need not have been here inserted and this may be further manifest unto him that will take the pains to reade the Preamble to the Act and also the Oath it self The Preamble saith Forasmuch as it is found by daily experience that many of his Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the wicked and devilish Counsel of Jesuites Seminaries and other like persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance unto the Kings Majesty and Crown of England as they are ready to entertain and execute any treasonable Conspiracies and Practices as evidently appears by that more than barbarous and horrible attempt to have blown up with Gunpowder the King Queen and Prince Lords and Commons in the house of Parliament assembled tending to the utter subversion of the whole State Lately undertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Scholars taught and instructed by them to that purpose c. These be the words of the Preamble by which may be seen for whom this Law was made and the Oath it self manifests no less as may be seen in the Recital of it in the Indictment aforesaid for the substance of it is to renounce the Pope and Papacy and was made on purpose to find out those that were that way affected and for no other end And whereas it is said the words are general towards the end of the Act viz. And if the said person or persons or any other person whatsoever c. Observe that these general words ought to be restrained to the persons intended in the Act and signified both by the Title and in the Preamble thereof as aforesaid The Title saith For the discovering and repressing of Popish Recusants that general words may be so restrained in a Statute hath been adjudged as may be seen in the 4th Book of Cook 's Institutes in his Treatise upon the High Commission the Question stated by him is Whether General words in an Ast of Parliament do include all Particulars and so exclude all Interpretations His Answer is That divers Acts of Parliament which are General in words have upon consideration c. received a Particular Interpretation as appears 1. Hen. fol. 12 13. by Authority of Parliament all Preheminences Prerogatives Franchises and Liberties were given by H. 7. intailed generally without limitation or saving and the Question was Whether the Franchises and Liberties of Lords and other inferior Subjects were given and it was resolved by all the Judges that they were not notwithstanding the general words for the reasons expressed in the said Book So that here is one Case wherein words generally mentioned in an Act of Parliament have been particularly understood and restrained to the persons intended in the said Act. Again Cook saith that Preambles are the Keys to open the meaning of the Makers of the Act and mischiefs which they intended to remedy and the Judges of the Law have ever expounded Acts generally in words to be particular where the intent hath been particular which are the words of the Book And therefore upon that Rule it is they are adjudged that where the Statute of the 7th Ed. 6. 1. is general viz. That if any Treasurer Receiver or Minister Accomptant c. it was adjudged notwithstanding the generality of the words that this doth not extend to the Receiver of common persons for the reasons given in the said Book the Judges restrained the generality to a particular viz. the King's Receiver only because the intent of the Makers of the Act was to punish only the Ministers or Receivers of the King and that because of the Stile or Title to the said Act all which may be much more urged in the Case in hand because the Title is so plain viz. For the discovering and repressing of Popish Recusants c. and the Preamble also shewing it to be made upon occasion of the Gunpowder Plot c. And therefore for these with divers other reasons that might be mentioned those general words before-mentioned by which we were judged to incur a Premunire ought to be restrained to Popish Recusants and particularly interpreted concerning them and not to make the Law a snare to those who do from their hearts and with their tongues also deny the Pope with all alliances to and dependences upon him and that both as to his Principles and Practices now to make these persons offenders only because of those general words they refusing to swear because they fear an Oath but readily and willingly afford and yeeld all due and just obedience and abhor from their souls whatever is contrary either in principle or practice These Persons without doubt were never intended by the Parliament to be forced to take that Oath they refusing in conscience to an Oath and not because due subjection is required Therefore those that punish them for such their refusal have the greater sin for which the Righteous God will call them to account I shall conclude this with a general Rule allowed by all in construction of Statutes Quamvis Lex generaliter loquitur restringenda tamen est ut cessante ratione et ipse cesset cum enim ratio sit anima vigorque ipsius Legis non videtur Legislator id sensisse quod ratione careat etiamsi verborum generalitas prima facie aliter suadeat in English thus Though the Law may speak generally yet it is to be restrained because Reason ceasing the Law it self ceaseth for Reason is the strength and soul of the Law it self and therefore it may not be thought that the Law-makers had any such intention when the reason is wanting though the general words at their