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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.

liberty and do question whether you ought in Justice to tender me the Oath on the account I am now brought before you because I am supposed to be an Offender or else why have I been six weeks in Prison already let me be cleared of my Imprisonment and then I shall answer to what is charged against me and to the question now propounded for I am a lover of Justice with all my soul and am well known by my Neighbours where I have lived to keep a Conscience void of Offence both towards God and towards man Judg. Sirrah leave your Canting J. C. Is this Canting to speak the words of the Scripture Judg. It 's Canting in your mouth though they are Paul's words J. C. I speak but the words of the Scripture and it is not canting though I speak them but they are words of truth and soberness in my mouth they being witnessed by me and fulfilled in me Judg. We do ask you again whether you will take the Oath of Allegiance it is but a short Question you may answer it if you will J. C. By what Law have you power to tender it Then after some Consultation together by whispering they called for the statute-Statute-Book and turning over the leaves they answered Judg. By the 3d of King James J. C. I desire that Statute may be read for I have consulted it and do not understand that you have power by that Statute to tender me the Oath being here before you in this place upon this occasion as a Delinquent already and therefore I desire the Judgment of the Court in this Case and that the Statute may be read Judge Then they took the Statute-Book and consulted together upon it and one said We are the Judges of this Land and do better understand our Power than you do and we do judge We may lawfully do it J. Cr. Is this the Judgment of the Court Judg. Yes J. Cr. I desire the Statute to be read that impowers you to tender the Oath to me upon this occasion in this place for Vox audita perit set litera scripta manet therefore let me hear it read Judg. Hear me J. Cr. I am as willing to hear as to speak Judg. Then hear me You are here required to take the Oath by the Court and I will inform you what the Penalty will be in case you refuse for your first denial shall be recorded and then it shall be tendered to you again at the end of the Sessions and upon the second refusal you run a Premunire which is the forfeiture of all your Estate if you have any and Imprisonment during life J. C. It is Justice I stand for let me have Justice in bringing my Accuser face to face as by Law you ought to do I standing at your Bar as a Delinquent and when that is done I will answer to what can be charged against me as also to the Question until then I shall give no other Answer than I have already done at least at present Then there was a Cry in the Court Take him away which occasioned a great interruption and J. C. spake to this purpose saying Mind the Fear of the Lord God that you may come to the knowledge of his Will and do Justice and take heed of oppressing the Innocent for the Lord God of Heaven and Earth will assuredly plead their Cause and for my part I desire not the hurt of one of the hairs of your heads but let God's Wisdom guide you These words he spake at the Bar and as he was carrying away On the sixt day of the week in the forenoon following the Court being sate John Crook was called to the Bar. C. Judg. Friend Crook We have given you time to consider of what was said yesterday to you by the Court hoping you may have better considered of it by this time therefore without any more words will you take the Oath and called to the Clerk and bid him read it J. C. I did not neither do I deny Allegiance but do desire to know the Cause of my so long Imprisonment for as I said I stand at your Bar as a Delinquent and am brought hither by force contrary to the Law therefore let me see my Accuser or else free me by Proclamation as I ought to be if none can accuse me For the Law is grounded upon right Reason and whatsoever is contrary to right Reason is contrary to Law and therefore if no Accuser appear you ought to acquit me first and then I shall answer as I have said If any new matter appear otherwise it is of force and that our Law abhors and you ought not to take notice of my so being before you for what is not legally so is not so and therefore I am in the condition as if I were not before you and therefore it cannot be supposed in right Reason that you have now power at this time and in this place legally to tender me the Oath Judg. Reade the Oath to him and so the Clerk began to reade J. C. I desire Justice according to the Laws of England for you ought first to convict me concerning the cause of my so long Imprisonment for you are to proceed according to Laws already made and not to make Laws for you ought to be Ministers of the Law Judg. You are a saucy and an impudent fellow will you tell us what is Law or our duties Then said he to the Clerk Reade on and when the Clerk had done reading I. Cr. said Reade the Preface to the Act I say again reade the Title and Preamble to the Act for Titles to Laws are Claves Legum as keys to open the Law for by their Titles Laws are understood and known as men by their faces Then the Judges would have interrupted me but I said as followeth If you will not hear me nor do me Justice I must appeal to the Lord God of Heaven and Earth who is Judge of quick and dead before whom we shall all appear to give an account for the deeds done in the body for he will judge between you and me this day whether you have done me justice or not These words following or the like I spake as going from the Bar being pulled away viz. Mind the Fear of the Lord God that you may do Justice lest you perish in his Wrath For sometimes the Court cryed Pull him away and then said Bring him again and thus they did several times like men in confusion and disorder The same day in the afternoon Silence being made John Crook was called to the Bar before the Judges and Justices aforesaid the Indictment being read the Judge said Mr. Crook You have heard your Indictment what say you Are you Guilty or not Guilty I. C. I desire to speak a few words in humility and soberness in regard my Estate and Liberty lies at stake and am like to be a President for many more therefore I hope the Court will not

many Debates in both the Houses of Parliament that it may be supposed they concluded the penalty of Premunire according to the former Laws was either too great and severe or that the Quakers so called were not at all within the intent of those Laws and therefore they enacted That for the first Refusal to Swear they might be fined not exceeding Five pounds for the second Refusal not exceeding Ten pounds and the third Refusal it might be lawful for the King to cause them to be transported c. But these Judges not liking the Parliaments Act nor their Judgments exprest in the same concerning punishing of the Quakers have found out a way to make them feel their little finger to be heavier than the Parliaments loyns as is manifest by the Sentence of Premunire lately passed only for refusing to swear whereby they also slight the King's Declarations which say That no man should be molested or called in question for his Conscience c. as they did his late Proclamation when it was given them in Court to be read which saith That no man shall have his house searched or be taken or imprisoned under any pretence whatsoever except by a Warrant first had and obtained from some of the Privy Council or some Justice of the Peace c. But of these things the Court would take no notice when they were urged to them Because when time until the next Sessions was desired for these reasons 1. Because the Indictment was in Latine and so large 2dly There was need of Counsel in the Case 3dly It was to be a President and therefore for themselves as well as us there was need of time Judges heretofore being careful in making Presidents Unto all which we had this Answer returned Stop their mouths Executioner and take them away and all this when it was the proper time for us to make our Defence Because the moderate Jury that had served upon several Tryals at the same Sessions were dismissed and a new Jury impanelled only for us consisting of several persons who had a hand in our illegal Apprehensions and Commitments Their unrighteousness is further manifest from the Recorder's Answer to us when we pressed for time who said they could not grant it because they must deliver the Goal and yet several persons that were taken and imprisoned upon the same account with some of us are continued stil in Prison there being nothing done unto them in order to any Tryal But as Lyers have need of good Memories so have such Judges of careless Auditors and Spectators that their words and actions may not be taken notice of Besides at the same Sessions the Oath was tendred to some persons and although they refused yet was liberty granted them till the next Sessions which renders such Judges guilty either of partiality or injustice or both and thus they condemn themselves by their own sayings Lastly That which aggravates their severity and cruelty to us is further manifest by these things following 1. That none of the Kings of Israel that we reade of ever required such an Oath of the People 2. Inasmuch as the refusal of the Oath simply considered doth the King no harm nor the taking of it any good 3. If it were an offence to refuse to take it yet the punishment is not proportionable to the offence which by the Just Law it ought to be 4. To conclude The Oath was not duely tendred according to their own Law inasmuch as it was not read at all to some of us only we were asked if we would take it and to others but once and not quite through neither to our hearing and understanding and none of us in words denyed then to take it He that deserves punishment is alwayes supposed to have done or said some evil now the Law saith Malum non habet efficiendum sed deficiendum causam in English thus Evil hath not an efficient but a deficient cause saith Cook because some virtue is wanting Now what virtue is wanting in him that doth speak the truth without dissimulation but dare not swear at all These things truly considered and duely weighed in the ballance of the Sanctuary it will soon appear which scale goeth down and over whom this Motto deserves to be written MENE TEKEL c. Thou art weighed in the Ballance and art found wanting for this is the day for discovering of false weights and measures and of the measuring of the Temple and the Worshippers therein according to John's Prophecy in Revel 11. And hearken also what the Prophet saith Amos 5. 7. 10. Ye who turn Judgment into Wormwood and leave off Righteousness in the Earth And hate him that rebuketh in the Gate and abhor him that speaketh uprightly and at the 27. ver it is said Therefore will I cause you to go into Captivity c. saith the Lord whose Name is the God of Hosts J. C. POST-SCRIPT Reader MArvel not that in this Discourse thou findst the Author out of his wonted method in so often using the Laws of men It 's not his souls delight to be wading in such muddy waters neither doth he now use the same to upbraid the Professors thereof for surely he drinks of clearer streams than any flow from such fountains yet he hath learned to set things in their place and to give them their proper due for even from the good old Laws of England as well as other things there hath been an Apostacy and is a declension from what once they were and their Books shew no lesse viz. Doct. Stud. chap. 2. pag. 4. There is a Law written in the heart of Man which is Man created in that Image of God and this Law is alwayes good and righteous stirring up a man to do good and to abhor the evil and therefore against this Law Prescription Statute Custom may not prevail and if any be brought in against it they be void and against Justice These be the words of the Book with many such like that might be mentioned sufficient to condemn all those that act contrary but this is enough at present for this end that if it be possible some of them who have been so long conversing with the Laws of men without that they have forgotten to mind the Law of God within upon which all the Laws of men should be built as themselves confesse And therefore those who will not receive Truth because this Author speaks it may receive it from their own Poets as the Apostle saith in another case And if this be true which learned Cook sets down that Verba ligunt homines tavorum Cornuâ boves Cornuâ bos Capitur voce ligatur homo If this be true then for shame swear men no more if words be sufficient to bind what need Oaths J. C. Now followeth some Collections that passed at the same Court of Sessions by Isaac Grey called Dr. in Physick at the Old Baily receiving the same Sentence of Premunire with the