Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	justice_n	king_n	session_n	2,406	5	9.9566	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

many Debates in both the Houses of Parliament that it may be supposed they concluded the penalty of Premunire according to the former Laws was either too great and severe or that the Quakers so called were not at all within the intent of those Laws and therefore they enacted That for the first Refusal to Swear they might be fined not exceeding Five pounds for the second Refusal not exceeding Ten pounds and the third Refusal it might be lawful for the King to cause them to be transported c. But these Judges not liking the Parliaments Act nor their Judgments exprest in the same concerning punishing of the Quakers have found out a way to make them feel their little finger to be heavier than the Parliaments loyns as is manifest by the Sentence of Premunire lately passed only for refusing to swear whereby they also slight the King's Declarations which say That no man should be molested or called in question for his Conscience c. as they did his late Proclamation when it was given them in Court to be read which saith That no man shall have his house searched or be taken or imprisoned under any pretence whatsoever except by a Warrant first had and obtained from some of the Privy Council or some Justice of the Peace c. But of these things the Court would take no notice when they were urged to them Because when time until the next Sessions was desired for these reasons 1. Because the Indictment was in Latine and so large 2dly There was need of Counsel in the Case 3dly It was to be a President and therefore for themselves as well as us there was need of time Judges heretofore being careful in making Presidents Unto all which we had this Answer returned Stop their mouths Executioner and take them away and all this when it was the proper time for us to make our Defence Because the moderate Jury that had served upon several Tryals at the same Sessions were dismissed and a new Jury impanelled only for us consisting of several persons who had a hand in our illegal Apprehensions and Commitments Their unrighteousness is further manifest from the Recorder's Answer to us when we pressed for time who said they could not grant it because they must deliver the Goal and yet several persons that were taken and imprisoned upon the same account with some of us are continued stil in Prison there being nothing done unto them in order to any Tryal But as Lyers have need of good Memories so have such Judges of careless Auditors and Spectators that their words and actions may not be taken notice of Besides at the same Sessions the Oath was tendred to some persons and although they refused yet was liberty granted them till the next Sessions which renders such Judges guilty either of partiality or injustice or both and thus they condemn themselves by their own sayings Lastly That which aggravates their severity and cruelty to us is further manifest by these things following 1. That none of the Kings of Israel that we reade of ever required such an Oath of the People 2. Inasmuch as the refusal of the Oath simply considered doth the King no harm nor the taking of it any good 3. If it were an offence to refuse to take it yet the punishment is not proportionable to the offence which by the Just Law it ought to be 4. To conclude The Oath was not duely tendred according to their own Law inasmuch as it was not read at all to some of us only we were asked if we would take it and to others but once and not quite through neither to our hearing and understanding and none of us in words denyed then to take it He that deserves punishment is alwayes supposed to have done or said some evil now the Law saith Malum non habet efficiendum sed deficiendum causam in English thus Evil hath not an efficient but a deficient cause saith Cook because some virtue is wanting Now what virtue is wanting in him that doth speak the truth without dissimulation but dare not swear at all These things truly considered and duely weighed in the ballance of the Sanctuary it will soon appear which scale goeth down and over whom this Motto deserves to be written MENE TEKEL c. Thou art weighed in the Ballance and art found wanting for this is the day for discovering of false weights and measures and of the measuring of the Temple and the Worshippers therein according to John's Prophecy in Revel 11. And hearken also what the Prophet saith Amos 5. 7. 10. Ye who turn Judgment into Wormwood and leave off Righteousness in the Earth And hate him that rebuketh in the Gate and abhor him that speaketh uprightly and at the 27. ver it is said Therefore will I cause you to go into Captivity c. saith the Lord whose Name is the God of Hosts J. C. POST-SCRIPT Reader MArvel not that in this Discourse thou findst the Author out of his wonted method in so often using the Laws of men It 's not his souls delight to be wading in such muddy waters neither doth he now use the same to upbraid the Professors thereof for surely he drinks of clearer streams than any flow from such fountains yet he hath learned to set things in their place and to give them their proper due for even from the good old Laws of England as well as other things there hath been an Apostacy and is a declension from what once they were and their Books shew no lesse viz. Doct. Stud. chap. 2. pag. 4. There is a Law written in the heart of Man which is Man created in that Image of God and this Law is alwayes good and righteous stirring up a man to do good and to abhor the evil and therefore against this Law Prescription Statute Custom may not prevail and if any be brought in against it they be void and against Justice These be the words of the Book with many such like that might be mentioned sufficient to condemn all those that act contrary but this is enough at present for this end that if it be possible some of them who have been so long conversing with the Laws of men without that they have forgotten to mind the Law of God within upon which all the Laws of men should be built as themselves confesse And therefore those who will not receive Truth because this Author speaks it may receive it from their own Poets as the Apostle saith in another case And if this be true which learned Cook sets down that Verba ligunt homines tavorum Cornuâ boves Cornuâ bos Capitur voce ligatur homo If this be true then for shame swear men no more if words be sufficient to bind what need Oaths J. C. Now followeth some Collections that passed at the same Court of Sessions by Isaac Grey called Dr. in Physick at the Old Baily receiving the same Sentence of Premunire with the

Church or Sea of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdoms or Dominions or to authorize any forreign Prince to invade or anoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his Sea against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my heart abhor detest and abjure as impious and heretical this damnable doctrine and position That Princes which be Excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever And I do believe and in my Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully ministred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true faith of a Christian So help me God Ac qd prefat Justic pacis ult no'iat ad tunc scilt dco vicessimo septimo die Junii Anno quarto decimo supradicto apud Paroch et Ward praed in dca Quarterial Session pacis praed ●osdem Joh'em Crooke Joh'em Bolton et Isaacum Gray et eor quemlibt seperatim per se requisiver ad Jurament illud super Sacrosca Dei Evangel capiend Quodque iidem Johes Crooke Johes Bolton et Isaacus Gray Jurament praed sic per pr. noi'at Justic paces ejusdem Johi Crook Johi Bolton et Isaaco Gray ut praefectur oblat et requisit adtunc et ibm obstinate et pertinaciter cape recusaver et quilibt eor Recusavit In malum exemplum omniu alior dci Dni Regis nunc fidel subdit Et in contempt dci Dni Regis nunc legumque suar Contraformam Statut. praed Ac contrapacem dci Dni Regis nunc Coron et Dignitat suus c. WILD Memorand That in the Writ of Oyer and Terminer Pasche 9. Hen. 8. upon the Insurrection in London It was resolved clearly by all the Justices of England That the Justices of Oyer and Terminer cannot enquire one day and the same day determine no more can the Justices of the Peace c. but the Justices of Goal-delivery and Justices in Eyre may well do it El. 8. Keylewayes Rep. f. 159. b. pl. 2. but they do not call themselves so in the Indictment If one in his absence be found guilty of an offence whereby he incurs a Premunire he hath two months time allowed him after he is out-lawed to be heard 27 Ed. 3. 1 cap. Cook upon Littl. sect 201. fo 134. b. saith That the ancient Law was upon tryals for Felony c. the Defend had 15 dayes time or more if he prayed it to consider of his Answer With this agrees Britton fo 10. b. Fortescue in libro de laudib Legum Angliae Mirror of Justice cap. 4. sect 7. The Statute of 28 Ed. 1. 9. provides that Inquests shall be of the next neighbours most sufficient and least suspicious upon penalty of double dammages 25 Ed. 3. cap. 3. No Indictor be upon the Inquests for Felony nor Trespass if challenged 34 Ed. 3. 4. Juries to be of the next people not to be suspected or procured With this agrees Regist fo 178. 11 Hen. 4. 9. That if any Indictment be made but by Inquest returned by the Sheriff without denomination to him of their names by any but his sworn Officer it shall be void Reader these Notes and Observations are here set down that thou mayest both know thy priviledge by the Law which is good being used lawfully and also what usage we have met withall from those who should know the Law and are sworn truly to minister the same without respect of persons But for such Judges to punish so severely for refusing to swear and themselves to be so regardless of keeping an Oath when they have sworn surely is one Argument and that a good one too to convince me and others of the lawfulness of not swearing at all would be the heedfulness and careful observance of them that have already sworn to keep their Oaths at least until this be done to forbear punishing those that fear an Oath otherwise it may be said to them as was said in the like case Thou that sayest a man ought to swear through breaking thine Oath dishonourest thou God Surely these things ought not so to be What a Judge doth is looked upon as a thing that ought to be done and therefore his miscarriage hurts the more Besides the Judges Judgments become as Presidents and Records and what Robbery is like to that when the Law it self shall be made use of by unrighteous Judges to rob and dispoil us of our Estates and Liberties Judges should suppose all men to be good till they be proved to be evil and the Rule of Law is quod in Criminalibus Probationes debent esse Luce clariores Englisht in Criminal Cases Proofs ought to be as clear as the Light that they may rather condemn than the Judge But I shall end this Particular with this Maxime as my Judgment Melius est omnia mala pati quam uno malo consentire Englisht It is better to suffer all evil than to consent to one evil Now followeth those two points of Law and Conscience which J. C. desired of the Court that he might be heard to speak to them as God should give him utterance