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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

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-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

an Oath is an affirmation or denyal which was not denyed by us he doth not say by kissing the Book or any such like ceremony Note again the end of taking this Oath it is for advancement of Truth and Right which is truly done by affirmation or denyal being solemnly spoken as in God's sight and presence and our denyal to take the Oath in that way of imposed formality yeilding all just and due obedience did no way hinder the advancement either of Truth or Right Obedience answering the End of the Oath and not Swearing and this signified by Cook 's definition of an Oath Again Justice Crook saith We that are Judges speak upon our Oaths and therefore must deliver our Judgements according to our Consciences and the fault saith he will lie upon us if it be Illegal and we deliver it for Law Mark the Judges Consciences according to their Oaths is the ground of their Judgments then is not another man to exercise his Judgment according to his Conscience though he doth not formally swear Have Judges only this Priviledge in ministring or executing the Law and shall not another man have the like Liberty of Conscience especially when he hath positive Scripture on his side that saith Swear not at all And he further saith We that are Judges must not give our Judgments according to Policy or Rules of State nor Conveniencies but only according to Law And without doubt were the Judges and others more strict in observing their Oaths others by their example might be induced to conclude That there is something more in swearing than now they believe to be For unjust Judges bring a contempt upon the Law it self as one said of the Greek Tongue who thought it a mockery to learn that Language the Masters whereof lived in bondage So marvel not if some contemn the Law because the Ministers thereof make it serve to gratifie their lusts and evil wills These like Spies make use of their knowledge in the Laws to find out where they may enter and how they may rob ensnare and spoyl those for whom the Laws are to be as Preservatives from Violence and Encouragers of Virtue and not Nurseries of Vice as they are often made to be by the Wits and Practices of Evil Magistrates that so not only Ignorantia judicis est calamitas innocentis but also his knowledge is perverted to serve his will And these can make Laws to be in force for punishment and destruction but not for preservation making them to kill and destroy but not to protect a thing no less horrid and cruel than if the Sun should burn without giving us light or the Earth serve only to bury but not to feed and nourish us So do such Judges and Justices when they have a mind to spoyl and ruine no Laws of freedom are taken notice of by them It hath been said in times past by those who have strictly observed former Judges that they were compared unto the twelve Lions under Solomon's Throne Lions for their courage and boldness to assert the Laws and Priviledges of English-men and under the Throne because of their own subjection unto them But how far these resemble such who sate upon the late Tryal and passed the Sentence of Premunire I leave the wise in heart to judge both by what is here presented concerning that Tryal as also from those who were Spectators and Auditors of the same It hath been said that the Laws of England are like Hercule's Pillars that have a ne plus ultra upon them as well as they are Pillars to Hercules But surely by such pulls as these in causing mens mouths to be stopt by the Executioner when they are at the Bar to make their Defence to preserve their Liberties and Estates must needs shake those houses which have no other foundations to stand upon Judges in former times when there was no Law for Cases that sometimes fell out for bore proceedings until a Parliament was called to make Laws for it is a higher Jurisdiction dare Leges to give Laws than to minister or rule by them But these Judges do shew dislike unto the Laws already made and that lately too and on purpose against those persons called Quakers that deny all Oaths which Act of Parliament sets down what Fine shall be imposed and no more and all the Penalties for the first second and third Offences But these Judges for the first Offence and that created by themselves too will have all but Life as themselves said and that too to live in penury and misery the means of livelihood by their Sentence being to be taken away Surely if the Law of England be a merciful Law as they said it is then they must needs be most unmerciful Judges who passed so severe a Sentence drawn from such merciful Laws as they said the Laws of England are And surely in this the Judges make their little finger as was said heavier than the late Parliaments loyns But as Execution is the Life of the Law so the application of it to a proper subject is the feet upon which it is to go and if this Rule had been observed Popish Recusants not true Protestants would have bin found to have been the persons intended in the Statutes of King James as aforesaid But through male-administration of Laws oft-times those are most hurt by them for whom they were not made and so comes Judgment to be turned backward and Equity to fall in the streets and this made the Prophet take up a lamentation and say Wo is me for I am as when they have gathered the Summer fruits as the Grape-gleanings of the Vintage c. The good man is perished out of the Earth and there is none upright amongst men they all lie in wait for blood they hunt every man for his brother with a net c. Mic. 7. 1 2 3 4. And was it not thus when they sought to entrap the Prophet Daniel but could find nothing against him save in the matters of his God And this was the controversie in the Prophet Hosea's time chap. 5. 1. Hear ye this O Priests and hearken ye house of Israel and give ear O house of the King for Judgment is towards you because ye have been a snare upon Mizpah and a net spread upon Tabor And was it not the practice in those persecuting dayes mentioned in the Book of Martyrs that when no snare nor net would do then this was the question to them What say you to the Sacrament of the Altar and by this when all failed they were sure to catch them The like use by the Powers that are gone was made of the Engagement and the Oath of Abjuration and is now made of the Oath of Allegiance by malicious Magistrates who when they can find no way to execute their Cruelty upon the poor People called Quakers then they cry Give them the Oath and this is so frequent that they tender it at their pleasure and