Case it is only matter of Fact Whether you have refused to take the Oath or not that is the point in issue And what Law can arise here Record Mr. Crook The Keeper of the Prison was spoken to to tell you that we intended to try you this day and therefore ordered him that Counsel might come to you if you would and also that the Clerk should give you a Copie of the Indictment This is fair Therefore we will go on to swear the Jury for the matter is Whether you refuse the Oath or not and that is the single point and there needs neither Law nor Counsel in the Case and therefore we considered of it last night when we sent you word and did determine to try you and therefore it is in vain to say any thing for the Court is resolved to try you now Therefore swear the Jury Cryer I. C. I hope you will not surprize us Then the other Prisoners who also were endited cryed out having spoke something before Let us have Justice and let not the Jury be sworn till we be first heard so there was a great noise the Court being in a confusion some crying Take them away others Stay let them alone others saying Go on to swear the Jury which the Cryer in this uproar and confusion did do something as if he had done it Then we all cryed out for Justice and Liberty till the next Sessions the Court being in a confusion some crying one thing and some another which now cannot be called to mind by reason of the great distraction that was in the Court neither what we said to them nor they to us the noise was so great and the Commands of the Court so various to the Officers some commanding them to take us away others to let us alone others to bring us nearer others cryed put them into the Bail-Dock others to put them within the furthest Bar where the Felons use to stand where we were forc'd into accordingly and in this hurliburly and confusion that was amongst them some men were sworn to testifie that we refused to take the Oath which we never positively did other Officers of the Court whom they would have sworn refused to swear though pressed to it by the Chief Justice they desiring to be excused Then spake one of the Prisoners again pretty much but could hardly be understood by reason of the noise in the Court but the People to whom he spake with a loud voice by way of exhortation might hear the substance of what he said which cannot now particularly be called to mind but it was to express the presence and love of God to himself and to exhort others to mind his Fear that they also might be acquainted with God c. Judg. Stop his mouth Executioner which was accordingly done Prisoners Then we cryed out Will you not give us leave to speak for our selves We except against some of the Jury as being our Enemies and some of them who by force commanded us to be pulled out of our Meetings contrary to Law and carried us to Prison without Warrant or other due Process of Law and shall these be our Judges we except against them Judg. It is too late now you should have done it before they had been sworn Jury-men Jury go together that which you have to find is Whether they have refused to take the Oath or no which hath been sworn before you that they did refuse you need not go from the Bar and like words said the Recorder and others there being a confusion and noise in the Court many speaking together Prisoners Then we cryed for Justice and that we might be heard to make our Defence before the Jury gave their Verdict but the Judge and Recorder said we should not be heard making good by their practice what the Chief Judge had said the day before viz. That if we had liberty to speak we would make our selves famous and them odious crying again Stop their mouths Executioner which was done accordingly with a dirty cloth and also endeavoured to have gagg'd me striving to get hold of my tongue having a Gag ready in his hand for that purpose and so we were served several times Then I called out with a loud voice Will you condemn us without hearing This is to deal worse with us than Pilate did with Christ who though he condemned him without a cause yet not without hearing him speak for himself but you deny us both Judg. Let Mr. Grey come to the Bar room being made he was conveyed by an Officer to the inner Bar where he spake to the Court on this purpose I desire to know whether according to Law and the practice of this Court my self and my fellow-Prisoners may have liberty to put in Bail to prosecute our Traverse at the next Sessions Court No we will try you presently Judg. Stop their mouths Executioner and this was the cry of many upon the Bench they being still in a continued confusion some crying to the Jury Give in your Verdict for we will not hear them with other words which could not be heard for the noise the Court being in confusion I. C. You might as well have caused us to have been murdered before we came hither as to bring us hither under pretence to try us and not give us leave to make our Defence you had as good take away our Lives at the Bar as to command us thus to be abused and to have our mouths stopt Was ever the like known let the Righteous God judge between us Will you hear me you have often promised that you would Judg. Hear me and we will hear you then he began to speak and some others of the Bench interrupted him sometimes they speaking two or three at a time and a noise amongst the Officers of the Court but the Judge said We may give you liberty till the next Sessions but we may chuse and therefore we will try you now I. C. I bade the People take notice of their Promise that I should have liberty to speak saying see now you be as good as your words Judg. The Law of England is not only just but merciful and therefore you shall not be surprized but shall have what Justice the Law allows Interruption I. C. I remember what the Judge said even now that the Law of England was a MERCIFUL Law that the Court had said before they might if they would give us liberty till the next Sessions but they would not and the Maxime of the Law also is Summun Jus est summa Injuria therefore I hope your practice will make it good that it is a Merciful Law and not to execute summum jus c. upon me and thereby condemn your selves out of your own mouths Judg. Jury give in your Verdict I. C. Let me have liberty first to speak it is but few words and I hope I shall do it with what brevity and pertinency my understanding will give
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-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
deny me the right and benefit of the Law as being an English-man I have some reason before I speak any thing to the Indictment to demand and tell you that I desire to know mine Accusers I have been kept this six weeks in Prison and know not nor have not seen the faces of them Judg. We shall afford you the right of the Law as an English-man God forbid you should be denied it but you must answer first Guilty or not Guilty that so in your Tryal you may have a fair hearing and pleading but if you go on as you do and will not answer Guilty or not Guilty you will run your self into a Premunire and then you lose the benefit of the Law and expose your self Body and Estate to great Hazards and whatever Violence is offered to your Person or Estate you are out of the King's Protection and lose the Benefit of the Law and all this by your not answering Guilty or not Guilty If you plead not Guilty you may be heard I. C. It is recorded in the Statutes of the 28. Edw. 3. and 3. and 42. Edw. 3. 3. in these words No man is to be taken or imprisoned or be put to answer without presentment before Iustices or matter of Record or by due Process or Writ-original according to the old Law of the Land and if any thing from henceforth be done to the contrary it shall be void in Law and holden for Error and also in the 25 of Edw. 1. 2. and the 3. Car. 1. and the 29. cap. Mag. Chart. No Freeman shall be taken and imprisoned but by the Law of the Land These words The Law of the Land are explained by the Statute of 37 Edw. 3. 8. to be without due process of Law and if any Judgments be given contrary to Mag. Chart. they are void 25 Edw. 1. 2. Judg. Mr. Crook you are out of the way and do not understand the Law though you adore the Statute Law so much yet you do not understand it I. C. I would have you tell me the right way Judg. Mr. Crook hear me You must say Guilty or not Guilty If you plead not Guilty you shall be heard and know how far the Law favors you And the next thing is there is no Circumstance whatsoever that is the Cause of your Imprisonment that you question but you have as a Subject your remedies if you will go this way and wave other things and answer Guilty or not Guilty and what the Law affords you you shall have if you do what the Law requires you or else you will lose the Benefit of the Law and be out of the King's Protection I. C. Observe how the Judge would draw me into a snare viz. by first pleading Guilty or not Guilty and when I have done so he and his Brethren intend suddenly to put me as an out-law'd person out of the King's Protection and how then can I have remedy for my false Imprisonment Therefore first clear me or condemn me for my false Imprisonment while I am in a capacity to have the benefit of the Law and not to out-law me for an Offence created by your selves and then to stop my mouth you tell me that if I have been wronged or false imprisoned I may have my remedy afterwards this is to trapan me and contrary to both Law and Justice c. Judg. You must plead Guilty or not Guilty I. Cr. I do desire in humility and meekness to say I shall not I dare not betray the honesty of my Cause and the honest Ones of this Nation whose Liberty I stand for as well as my own as I have cause to think I shall if I plead to the present Indictment before I see the faces of my Accusers for truly I am not satisfied in my Judgment and Conscience that I ought to plead to a created Offence by you before I be first acquitted of the Cause of my being brought Prisoner to your Bar and therefore it sticks with me to urge this further viz. that I may see my Accusers Interruption Judg. The errandest Thief may say he is not satisfied in his Conscience I. Cr. My Case is not theirs yet they have their Accusers and may not I call for mine and therefore call for them for you ought to do so as Christ said to the Woman Woman where are thine Accusers so you ought to say to me Man where are thine Accusers Interrupted Judg. Your Indictment is your Accuser and the Grand Jury hath found you Guilty because you did not swear what say you Mr. Crook are you Guilty or not Guilty If you will not answer or what you have said be taken for your Answer as I told you before you lose the benefit of the Law and what I tell you is for your good I. Cr. What is for good I hope I shall take it so Judg. If you will not answer you run your self into a Premunire and you will lose the Benefit of the Law and of the King's Protection unless you plead Guilty or not Guilty I. Cr. I stand as brought forcibly and violently hither neither had I been here but by a violent action and that you should take no notice of it seems strange to me and not only so but that you should hasten me so fast into a course that I should not be able any wayes to help my self by reason of your so hasty and fast proceedings against me to put put me out of the King's Protection and the Benefit of all Law was ever the like known or heard of in a Court of Justice Judg. Friend this is not here in question whether you are unjustly brought here or not Do you question that by Law but not disable your self to take Advantage by the Law if brought by a wrong hand you have a Plea against them but you must first answer Guilty or not Guilty I. Cr. How can I help my self when you have out-lawed me Therefore let Proclamation be made in the Court That I was brought by force hither and let me stand cleared by Proclamation as you ought to do for you are discernere per Legem quid sit justum and not to do what seems good in your own eyes here I was interrupted again but might have spoken Justice Crook's words in Hamden's Case who said That we who are Judges speak upon our Oaths and therefore must deliver our Judgements according to our Consciences and the fault will lie upon us if it be illegal and we deliver it for Law and further said We that are Judges must not give our Judgments according to Policy or Rules of State nor Conveniencies but only according to Law These were his words which I might have spoken but was interrupted Judg. What though no man tendred the Oath to you when you were committed as you say it being now tendred to you From the time you refused it being tendred to you by a lawful Authority you refusing are indicted We look not upon
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
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