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book_n	call_v	king_n	read_v	1,665	5	6.0207	4	false

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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

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

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 Alitur vitium vivitque tegendo Eccles 5. 8. If thou seest the Oppression of the poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be higher than they Printed in the Year 1662. An EPISTLE to all moderate READERS MAny and great in all Ages unto this day have been the Afflictions Tryals and Oppressions of the Righteous as have been foretold by the holy Prophets Christ and his Apostles since the world began yet God hath not left himself without Witness both in preserving some in all Ages to testifie against the Idolatries and Oppressions of the days and times in which they lived as also of his Judicial Appearances to punish the unjust and merciless Imposers on mens Consciences because of their worshipping of God for about That the first quarrel began witness the Serpent tempting from the observance of God's Command which he could not do by flat and plain denial because of the positiveness of God's Command to man saying Thou shalt not eat of the Tree of Knowledge c. therefore he did it by interpreting or expounding of that Command saying It is because God knoweth that by eating thereof you shall be like him knowing good and evil and by this interpretation or meaning of the Devil who was the first that ever put meanings to God's words Man was deceived and thus was Transgression brought in and by the same means hath continued unto this day in the World for as it was so it is God said to Man Thou shalt not but the deceiving spirit saith that is not intended as it was spoken for it hath a meaning c. And soon after Cain the Devil's successor in Murder and Lying falls upon righteous Abel for no other cause than the worshipping of God according to his Conscience in the Faith and Power of God which was not consistent with Cain's hypocrisie and formality And thus the Quarrel first began about Religion whether power or form should bear sway and by Religion it shall end and therefore blessed are they for ever who are found faithful unto Death for they shall have the Crown of Life for sincerity shall prevail over hypocrisie and the Power against all Idolatry and Formality for the Lord hath spoken it And as Holy Writ furnisheth us with Examples in this matter both as to Witnesses that have stood for God against the Imposers on the Conscience as Daniel the three Children Christ himself and his Apostles with other Clouds of Witnesses and also of his righteous Judgments upon the Oppressors and Imposers as the Curse upon the Serpent and the Plagues upon Pharoah and the Brand upon Jeroboam the son of Nebat who caused Israel to sin by his imposing with many more that might be named So our Histories and Laws are not without Presidents in this case also witness the Book of Martyrs which testifies of the Sufferings of the Martyrs how that they as the Apostles did suffered for bearing witness against not only unrighteous persons but unrighteous Laws also for the Laws of the Kingdoms and Nations in which they suffered as well in England under the Christian Governors so called as in other parts did require those things or some of them the denial of which was the cause of their sufferings then as it is of us now and may be seen at large in those Books from whence came the name Protestant because they were Witnesses against the Unrighteousness and Idolatrousness of the times in which they lived notwithstanding any Laws that were to the contrary and as tokens of God's displeasure against these things many eminent Judgments fell suddenly upon the Persecutors as some by sudden death were taken away others by bursting asunder their bowels falling out in a wonderful manner with like violent deaths which for signal testimonies of God's Wrath and Fury did fall upon many to the astonishing of the beholders in those dayes And our Law-Books furnish us with several Acts of Justice that were executed upon unjust Judges for their not keeping unto the Laws and Rules of Justice made and appointed both for the Peoples safety and them to act by as may be seen in King Alfred's time mentioned in the Mirror of Justice where it is recorded that Forty four Judges or Justices were hanged in one year for their Injustice whose Crimes may be seen as set down in the said Book And the Lord Cook so called Institutes 3d part cap. 2. pag. 23. saith thus What damnable and damned opinions those were concerning High Treason of Tresilian Chief Justice of the Kings Bench Sir Robert Beltnap Chief Justice of the Common Bench and others of their fellows and of John Lockton one of the Kings Serjeants c. But saith Cook more detestable were the opinions of the Justices in the 21. of Rich. 2. and of Hanckford and Brinchley the Kings Serjeants c. These Justices and Serjeants were called in question afterwards in the Parliament holden Anno 1. Hen. 4. for their said opinions answered as divers Lords Spiritual and Temporal did That they durst no otherwise do for fear of death Yet were these two Chief Justices and the rest aforesaid attainted for that it was as the Parliament affirmed for the great Honour and common Profit of the Realm And remarkable is that History which tells us of a Corrupt Judge who was commanded to have his Skin taken off and to be made as a Carpet or Covering and to be in the view or sight of the Judgement Seat to remain as a terror to all unjust Judges These with many more Examples are recorded in our Law-Books and elsewhere as Monuments of Justice against those that caused Injustice thus to be acted and of Terror unto all Corrupt Judges for the future to be afraid of the like Injustice See Walter Rawleigh's Hist World lib. 3. chap. 4. J. C. The CRY of the INNOCENT for JUSTICE I Have here collected the Proceedings of the now present Chief Justice of the King's Bench with others of his Brethren occasioned by a late Tryal before them at the Publick Sessions for the Peace and Goal-delivery holden in the Old Baily begun the 25. of the 4th month called June The Lord Mayor of the City of London and Sheriffs with divers Justices and Aldermen then present VIZ. Silence being made

other two ISaac Grey being called to the Bar Judg. Will you take the Oath of Allegiance Grey I have been near five weeks in Prison I desire to know for what Judg. We take no notice of your Imprisonment nor how you came here Will you take the Oath Grey I desire to know for what I am imprisoned and then I am ready to answer for no man in this particular hath received so much wrong as my self having received a Wound whereby I was in jeopardy of my Life Judg. If any have wronged you take your course in Law will you swear Grey I am a man of a tender Conscience and do desire time to consider Judg. Take him away which was accordingly done The next day Isaac Grey was called to the Bar and asked by the Judge if he would yet take the Oath Recorder speaking unto him on this wise Mr. Grey you are a wise understanding man and a Scholar be advised what you do and do not ruine your self but take the Oath Grey I desire time to consider and to do nothing rashly Then in the afternoon were all three again called to the Bar and the Indictment read Judg. Mr. Grey will you take the Oath Cryer hold him the Book Grey I desire to know the cause of my first Imprisonment and to discharge me of the same before I give my Answer to the Oath for I do not know my self guilty of any Crime Judg. The Law supposeth you to be disaffected to the present Government and therefore the Oath is tendred to you Grey I understand that the fundamental Law of England alloweth no man to be accused or condemned upon supposition I do further affirm and that in the Light of God That I am not an Enemy to the King nor to any man living upon the face of the Earth Judg. Will you answer Guilty or not Guilty Grey I desire time to consider of the truth of this matter the Indictment being large and having much contained in it which indeed I do not well understand Judg. Will you yet swear or plead to the Indictment Grey I have told you and that for Conscience sake I dare do nothing rashly Judg. What do you talk to us of Conscience every fellow may plead Conscience Grey Do you use to swear such as make no Conscience Judg. Guilty or not guilty When you have answered to this you may plead what you can in your own Defence but first answer Guilty or not guilty The rule of the Law is you must first answer Grey Would you have men swear whether they will or nay especially when against their Conscience Judg. We have Consciences aswell as you If there be any thing as to matter of Conscience it is nothing you must plead Guilty or not guilty that we may not spend time any longer Grey Truly I desire not that the time should be taken up in any thing that may not advantage the good of the People Therefore before I plead give me a Copy of the Indictment and then I shall plead Judg. Sirrah Guilty or not guilty Grey I desire first to be heard as a Christian and then as an English-man Judg. Do not I tell you Sirrah if you will plead not Guilty you shall be heard but if you will not you will run your self into a Premunire Grey I appeal then to God Almighty for I shall not wrong my Conscience Judg. It is no matter of Conscience Guilty or not Guilty Grey Not Guilty The last day of Tryal all the three persons aforesaid being called to the Bar after some discourse between my fellow Prisoners and the Court my self was forced from thence before I was heard my fellow Prisoners being violently thrust within the Felons Bar but my self by Command from the Bench was not thrust there but I desired to be with my fellow Prisoners and to fare as they fared and so was put in with them but after some time the Court being in a confusion and their Officers abusing my fellow Prisoners by stopping their mouths and the common Hangman endeavoured to gag one of them that they might not speak in their own defence Then I desired I might be heard upon which the Court called me nearer to them Then I approached to their Bar and spake on this wise I desire to know whether according to the Law of England and the Proceedings of this Court we may not be allowed to put in Bail to prosecute our Traverse at the next Sessions To which they answered We might not Then I desired them to do me and my fellow Prisoners Justice For you are to know that as we stand arraigned at this Bar so shall you appear before the great Tribunal of God's Justice to give an Account of this dayes work as also of all the deeds done in the Body whether they be good or evil and what measure ye mete to us shall be measured to you again Judg. We know that as well as you and then called to swear the Jury the Court being in a confusion and the Officers and the Hangman abusing my fellow Prisoners as aforesaid then I went my way the Chief Justice so called being in a Rage called to me in an abrupt manner saying You shall be tryed according to the Laws Grey I do desire to be tryed by the Laws and not by Passion Then they went on being all in a confusion and disorder unto Sentence which was on this wise You shall forfeit all you Real Estate for life and your Personal Estate for ever and be put out of the King's Protection and imprisoned during the Kings pleasure according to the Statute of Premunire Which Sentence also passed upon my two fellow Prisoners aforesaid These things are part of what passed between the Court and my self many things being omitted by reason of the often Interruptions and are written to prevent mistakes and to inform all moderate Inquirers concerning the Severity and Injustice that we met withal Not only to the losse of all my Estate and Liberty but of my Practice also to the dammage and detriment of many of my Patients who through necessity are compelled to come to Prison to me but have been sometimes hindred from coming to speak with me But our desires are to forgive them that trespass against us as God hath forgiven us our trespasses against him J. G. An Additional Postscript further manifesting the Illegality of the late aforesaid Proceedings AN Oath saith Cook 3d part Institutes chap. 74. p. 165. is an affirmation or denyal by any Christian of any thing lawful and honest before one or more that have authority to give the same for advancing of Truth and Right calling Almighty God to witness that this Testimony is true And he further saith No Oath ought to be administred but such as is allowed by the Common Law or by Act of Parliament neither can any Oath be altered that is allowed by Common Law or Act of Parliament but what is altered by Act of Parliament Note