Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	lord_n	sergeant_n	4,053	5	11.1212	5	false

Text snippets containing the quad

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

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