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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

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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
the Chief Judge commanded the Cryer of the Court to call one of the Prisoners to the Bar who was brought thither accordingly out of the Bail-Dock from amongst the Felons and Murderers Chief Judge What Meeting was that you were at Prisoner I desire to be heard Where is mine Accuser for I expect the Issue will be brought forth having been thus long in Prison C. Judg. Your tongue is your own and you must not have liberty to speak what you list Pris I speak in the presence and fear of the Everlasting God that my tongue is not my own for it is the Lords and to be disposed of according to his pleasure and not to speak my own words and therefore I desire to be heard I have been so long in Prison Then he was interrupted by the Judge Judg. Leave your Canting and commanded him to be taken away which he was accordingly by the Jaylor This was the substance of what the Prisoner aforesaid spake the first time C. Judg. Call John Crook to the Bar which the Cryer did accordingly he being amongst the Felons as aforesaid John Crook being brought to the Bar C. Judg. When did you take the Oath of Allegiance J. Crook I desire to be heard C. Judg. Answer to the Question and you shall be heard J. Cr. I have been about six weeks in Prison and am I now called to accuse my self For the answering to this Question in the Negative is to accuse my self which you ought not to put me upon for nemo debet seipsum prodere I am an English-man and by the Law of England I ought not to be taken nor imprisoned nor deseired of my Free-hold nor called in question nor put to answer but according to the Law of the Land which I challenge as my Birthright on my own behalf and all that hear me this day or words to this purpose I stand here at this Bar as a Delinquent and do desire that my Accuser may be brought forth to accuse me for my Delinquency and then I shall answer to my Charge if any I be guilty of C. Judge You are here demanded to take the Oath of Allegiance and when you have done that then you shall be heard about the other for we have power to tender it to any man J. C. Not to me upon this occasion in this place for I am brought hither as an Offender already and not to be made an Offender here or to accuse my self for I am an English-man as I have said to you and challenge the benefit of the Laws of England for by them is a better Inheritance derived to me as an English-man than that which I receive from my Parents for by the former the latter is preserved and this the 29th Chapter of Magna Charta and the Petition of Right mentioned in the 3d of Car. 1. and in other good Laws of England and therefore I desire the benefit and observance of them And you that are Judges upon the Bench ought to be my Counsel and not my Accusers but to inform me of the benefit of those Laws and wherein I am ignorant you ought to inform me that I may not suffer through my own ignorance of those advantages which the Laws of England afford me as an English-man Reader I here give thee a brief Account of my Taking and Imprisoning that thou mayest the better judge what Justice I had from the Court aforesaid which is as followeth I being in Johns-street London about the 13th day of the 3d month called May with some others of the People of God to wait upon him as we were sate together there came in a rude man called Miller with a long Cane in his hand who laid violent hands upon me with some others beating some commanding the Constables who came in after him but having no Warrant were not willing to meddle but as his threatnings prevailed they being afraid of him joyned with him to carry several of us before Justice Powel so called who the next day sent us to the Sessions at Hicks's-Hall where after some discourse several times with them manifesting to them the Illegality both of our Commitment and their Proceedings thereupon yet notwithstanding they committed me and others and caused an Indictment to be drawn against us founded upon the late Act against Quakers and others and then remanded us to New-Prison where we continued for some dayes and then removed to Newgate where we remained until the Sessions in the Old Bailey aforesaid whereby thou mayest understand what Justice I met withal by what went before and now further follows C. Judg. We sit here to do Justice and are upon our Oaths and we are to tell you what is Law and not you us Therefore sirrah you are too bold J. C. Sirrah is not a word becoming a Judge for I am no Felon neither ought you to menace the Prisoner at the Bar for I stand here arraigned as for my Life and Liberty and the Preservation of my Wife and Children and outward Estate they being now at the stake Therefore you ought to hear me to the full what I can say in my own Defence according to Law and that in its season as it is given me to speak Therefore I hope the Court will bear with me if I am bold to assert my Liberty as an English-man and as a Christian and if I speak loud it is my Zeal for the Truth and for the Name of the Lord and mine Innocency makes me bold Judg. It is an evil zeal interrupting John Crook J. Cr. No I am bold in the Name of the Lord God Almighty the everlasting Jehovah to assert the Truth and stand as a Witness for it Let my Accuser be brought forth and I am ready to answer any Court of Justice Then the Judge interrupted me saying Sirrah with some other words I do not remember but I answered You are not to threaten me neither are those menaces fit for the mouth of a Judge for the safety of a Prisoner stands in the indifferency of the Court And you ought not to behave your selves as Parties seeking all advantages against the Prisoner but not heeding any thing that may make for his clearing or advantage The Judge again interrupted me saying Judg. Sirrah you are to take the Oath and here we tender it you bidding read it J. Cr. Let me see mine Accuser that I may know for what cause I have been six weeks imprisoned and do not put me to accuse my self by asking me Questions but either let my Accuser come forth or otherwise let me be discharged by Proclamation as you ought to do Here I was interrupted again Judge Twisden We take no notice of your being here otherwise than of a stragler or as any other person or of the people that are here this day for we may tender the Oath to any man And another Judge spake to the like purpose J. C. I am here at your Bar as a Prisoner restrained of my