J. C. I have been about six weeks in prison, and am I now
called to accuse myself? For the answering to this question
in the negative, is to accuse myself, which you ought not to
put me upon; for, _Nemo debet seipsum prodere_.[23] I am an
Englishman, and by the law of England I ought not to be taken,
nor imprisoned, nor disseized of my freehold, 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.
[23] No one ought to betray himself.
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 myself; for I am an Englishman, 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
Englishman, than that which I received from my parents: for by
the former the latter is preserved; and this is seen in the 29th
chapter of Magna Charta, and the petition of right, mentioned
in the third of Car. I. 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 Englishman.
Reader, I here give thee a brief account of my taking and
imprisoning, that thou may the better judge what justice I had
from the court aforesaid; which is as followeth.
I being in John’s street, London, about the 13th day of the Third
month, (called May,) with some other of the people of God, to
wait upon him, as we were sat 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, and commanding
the constables who came in after him, but having no warrant,
were not willing to meddle; but as his threatenings prevailed,
they, being afraid of him, joined 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; we manifested 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 days; and then removed us 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:
Ch. Judge. 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 Englishman, 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--
Judge. It is an evil zeal; interrupting John Crook.
J. C. 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 the prisoner depends upon the indifferency of the
court: and you ought not to behave yourselves as parties, seeking
all advantage against the prisoner, but not heeding any thing
that may make for his clearing or advantage. The judge again
interrupting me, saying.
Judge. Sirrah, you are to take the oath, and here we tender it
you, (bidding, read it.)
J. C. 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
myself 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 straggler, 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
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 lived, to keep
a conscience void of offence, both towards God and towards man.
Judge. Sirrah, leave your canting.
J. C. Is this canting, to speak the words of the scripture?
Judge. It is canting in your mouth, though they are Paul’s words.
J. C. I speak 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.
Judge. We do ask you again, whether you will take the oath of
allegiance? It is but a short question, you may answer 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,
Judge. By the third 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. C. Is this the judgment of the court?
Judge. Yes.
J. C. I desire the statute to be read that empowers you to tender
the oath to me upon this occasion in this place; for, _Vox audito
perit, sed litera scripta manet_,[24] therefore let me hear it
read.
[24] Words only spoken are lost; writing remains.
Judge. Hear me.
J. C. I am as willing to hear as to speak.
Judge. 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 into a premunire,
which is the forfeiture of all your estate, (if you have any,)
and imprisonment.
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. Crook 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 sixth day of the week, in the forenoon following, the court
being sat, John Crook was called to the bar.
C. Judge. 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.
Judge. Read the oath to him; and so the clerk began to read.
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.
Judge. You are a saucy and an impudent fellow: will you tell us
what is law, or our duties? Then said he to the clerk, read on;
and when the clerk had done reading,
J. C. said, read the preface to the act; I say again, read 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 must all appear, to give an account of 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 cried, 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?
J. 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
precedent for many more; therefore I hope the court will not deny
me the right and benefit of the law, as being an Englishman. 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 these six weeks in prison, and know not, nor have seen
the faces of them.
Judge. We shall afford you the right of the law, as an
Englishman. God forbid you should be denied it; but you must
answer first, guilty, or not guilty, that so in your trial 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
yourself into a premunire, and then you lose the benefit of the
law, and expose yourself, 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.
J. C. It is recorded in the statutes of the 28 Edw. 3. & 3.
and 42 Edw. 3. & 3. in the words, No man is to be taken, or
imprisoned, or be put to answer, without presentment before
justices, 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 25th 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 are given
contrary to Mag. Chart, they are void, 25 Edw. 1. 2.
Judge. 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.
J. C. I would have you tell me the right way.
Judge. 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 favours 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 waive 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.
J. 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 outlawed
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,) from my false imprisonment, while I am in a capacity
to have the benefit of the law, and not to outlaw me for an
offence created by yourselves; 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 trepan me, and contrary to
both law and justice, &c.
Judge. You must plead guilty, or not guilty.
J. C. 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.
Judge. The errantest thief may say, he is not satisfied in his
conscience.
J. C. 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.
Judge. Your indictment is your accuser, and the grand jury have
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.
J. C. What is for good, I hope I shall take it so.
Judge. If you will not answer, you run yourself into a premunire;
and you will lose the benefit of the law, and the king’s
protection, unless you plead guilty, or not guilty.
J. C. 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 ways to help myself, by reason of your hasty and fast
proceedings against me, to 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?
Judge. Friend, this is not here in question, whether you are
unjustly brought here, or not: do you question that by law, but
not disable yourself 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.
J. C. How can I help myself when you have outlawed 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_,[25] 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 Hampden’s case, who said, That we who are judges
speak upon our oaths, and therefore must deliver our judgments
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.
[25] To determine by law what is just.
Judge. What, though no man tendered the oath to you, when you
were committed, (as you say,) it being now tendered to you;
from the time you refused it, being tendered to you by a lawful
authority, you refusing, are indicted: we look not upon what you
are here for, but here finding you, we tender you the oath; and
you refusing it, your imprisonment is now just, and according to
law. (Something omitted which I spoke afterwards.)
J. C. How came I here, if you know not? I have told you it is
by force and violence, which our law altogether condemns; and
therefore I not being legally before you, am not before you;
for what is not legally so, is not so; and I not being legally
brought to your bar, you ought not to take notice of my being
here.
Judge. No, no, you are mistaken; so you may say of all the
people gazing here, they not being legally here, are not here:
I tell you, a man being brought by force hither, we may tender
him the oath; and if he take it not, he may be committed to
prison; authority hath given us the power, and the statute-law
hath given us authority to tender the oath to any person, and so
have we tendered it to you; and for your not taking it, you are
indicted by the grand jury: answer the accusation, or confute the
indictment; you must do the one or the other; answer, guilty, or
not guilty.
J. C. Here I was interrupted, but might have said, that the
people that were spectators, beholding and hearing the trials,
are not to be called gazers, as the judge terms them; because it
is their liberty and privilege, as they are Englishmen, and the
law of England allows the same; so that they are not to be termed
gazers upon this account, but are legally in that place, to hear
trials, and see justice done, and might have spoken, (if occasion
had been,) any thing in the prisoner’s defence, tending to clear
up the matter in difference, and the court must have heard them
or him: and this as a stander-by, or _amicus curiæ_;[26] so saith
Cook.
[26] A friend of the court.
J. C. The law is built upon right reason, or right reason is the
law; and whatever is contrary to right reason, is contrary to
law; the reason of the law, being the law itself. I am no lawyer,
and my knowledge of it is but little, yet I have had a love to it
for that reason I have found in it, and have spent some leisure
hours in the reading thereof; and the law is that which I honour,
and is good in its place; many laws being just and good, not all,
but, I say, a great part of them, or much of them; and it is not
my intention in the least to disparage, or derogate from them.
Judge. Mr. Crook, you have been told, you must plead guilty or
not guilty, or else you run yourself into a premunire; be not
your own enemy, nor be so obstinate.
J. C. I would not stand obstinately before you, neither am I so;
if you understand it otherwise, it is a mistake indeed.
Judge. Will you speak to the indictment, and then you may plead?
If you will not answer guilty, or not guilty, we will record it,
and judgment shall go against you. Clerk, enter it.
Recorder. Mr. Crook, if you will answer, you may plead for
yourself: or will you take the oath? The court takes no notice
how you came hither; what say you? Will you answer? For a man may
be brought out of Smithfield by head and shoulders, and the oath
tendered to him, and may be committed, without taking notice how
he came here.
J. C. That kind of proceeding is not only unjust, but
unreasonable also--(here was some interruption,) and against the
laws aforesaid, which say, No man shall be taken or imprisoned
but by warrant, or due process of law: so that this speech of the
recorder’s, savours more of passion than justice; and cruelty,
than due observance of law; for every forcible restraint of a
man’s liberty, is an imprisonment in law. Besides, this kind of
practice, to take men by force, and imprison them, and then ask
them questions, the answering of which makes them guilty, is not
only unrighteous in itself, but against law, and makes one evil
act the ground of another; and one injury offered to one, the
foundation of another; and this is my case this day--Interruption.
Judge. Mr. Crook you must not be your own judge, we are your
judges; but for our parts we will not wrong you: will you answer,
guilty or not guilty? If not, you will run yourself into a
premunire unavoidably, and then you know what I told you would
follow; for we take no notice how you came hither, but finding
you here, we tender you the oath.
J. C. Then it seems you make the law a trepan to ensnare me, or
as a nose-of-wax, or what you please: well, I shall leave my
cause with the Lord God, who will plead for me in righteousness.
But suppose I do take the oath (now,) at this time, you may call
me again, (to-morrow,) and make a new tender; or others may call
me before them.
Judge. Yes, if there be new matter; or if there fall out any
emergent occasion whereby you may minister on your part new
occasion: Mr. Crook, will you swear?
J. C. If I do take it to-day, it may be tendered me again
to-morrow, and so next day, _ad infinitum_, whereby a great part
of my time may be spent and taken up, in taking the oath and
swearing.
Ch. Judge. When you have (once) sworn, you may not be put upon it
again, except you minister occasion on your part.
J. C. Is this the judgment of the court, that the oath (once)
taken by me is sufficient, and ought not to be tendered a second
time, without new matter ministered on my part?
Judge. Yes; you making it appear you have (once) taken it.
J. C. Is this the judgment of the whole court? For I would not do
any thing rashly.
Judges. Yes, it is the judgment of the court; to which they all
standing up, said, Yes.
J. C. Then it seems there must be some new occasion ministered by
me after I have (once) taken it, or it ought not to be tendered
to me the second time.
Judges. Yes.
J. C. Then by the judgment of this court, if I may make it appear
that I have taken the oath (once) and I have ministered no new
matter on my part, whereby I can be justly charged with the
breach of it, then it ought not to be tendered to me the second
time: but I am the man that have taken (once) being a freeman of
the city of London, when I was made free; witness the records
in Guildhall, which I may produce, and no new matter appearing
to you on my part; if there do, let me know it; if not, you
ought not, by your own judgment, to tender me it the second
time; for _de non apparentibus et non existentibus eadem ratio
est_.[27]--Interrupted by the shout of the court, when these last
words might have been spoken.
[27] That which doth not appear, is to be judged of as that
which doth not exist.
Judge. Mr. Crook, you are mistaken, you must not think to
surprise the court with criticisms, nor draw false conclusions
from our judgments.
J. C. If this be not a natural conclusion from the judgment of
the court, let right reason judge; and if you recede from your
own judgments in the same breath, (as it were,) given even now,
what justice can I expect from you? For, if you will not be just
to yourselves, and your own judgments, how can I expect you
should be just to me?
Judge. Mr. Crook, if you have taken it, if there be a new
emergency, you are to take it again; as for instance, the king
hath been out of England, and now is come in again; there be many
that have taken it twenty, thirty, or forty years since, yet this
new emergency requires it again; and although you have taken it,
yet you must not make it appear before you answer guilty, or not
guilty; therefore do not wrong yourself, and prejudice yourself
and family: do you think that every fellow that comes hither,
shall argue as you do? We have no more to do, but to know of you,
whether you will answer (guilty, or not guilty,) or take the
oath, and then you shall be freed from the indictment: if you
will not plead, clerk, record it: What say you? Are you guilty,
or not guilty?
J. C. Will you not stand to your own judgments? Did you not say,
even now, that if I had (once) taken the oath, it ought not to
be tendered to me the second time, except I administered new
matter on my part that I have not kept it, &c. But no such matter
appearing, you ought not to tender it to me the second time, by
your own confession, much less to indict me for refusal.
Judge. If you will not plead, we will record it, and judgment
shall be given against you; therefore say, guilty, or not guilty,
or else we will record it. (The clerk beginning to record it.)
J. C. Before I answer, I demand a copy of my indictment; for I
have heard it affirmed by counsel learned in the law, that if
I plead before I have a copy, or have made my exceptions, my
exceptions afterwards against the indictment will be made void:
therefore I desire a copy of the indictment.
Judge. He that said so, deserves not the name of a counsel; for
the law is, you must first answer, and then you shall have a
copy. Will you plead guilty or not guilty?
J. C. If my pleading guilty, or not guilty, will not deprive me
of the benefit of quashing the indictment for insufficiency, or
other exceptions that I may make against it, I shall speak to it.
Judge. No, it will not. Will you answer, guilty, or not guilty.
If you plead not, the indictment will be found against you: will
you answer? We will stay no longer.
J. C. I am upon the point: will not my pleading deprive me of the
benefit of the law? For I am tender in that respect, because it
is not my own case only, but may be the case of thousands more;
therefore I would do nothing that might prejudice others, or
myself, as a Christian, or as an Englishman.
Judge. Understand yourself, (but we will not make a bargain with
you, said another judge,) you shall have the right done you as
an Englishman, the way is to answer, guilty or not guilty: if
you plead, and find the indictment not good, you may have your
remedy; answer, guilty or not guilty?
J. C. As to the indictment it is very large, and seems to be
confused, and made of some things true, and some things false; my
answer therefore is, what is true in the indictment I will not
deny, because I make conscience of what I say, and therefore, of
what is true, I confess myself guilty, but what is false, I am
not guilty of.
Judge. That is not sufficient, either answer guilty, or not
guilty, or judgment will be given against you.
J. C. I will speak the truth, as before the Lord, as all along I
have endeavoured to do: I am not guilty of that which is false,
contained in the indictment, which is the substance thereof.
Judge. No more ado; the form is nothing, guilty, or not?
J. C. I must not wrong my conscience, I am not guilty of what
is false, as I said before; what is true, I am guilty of; what
is not true, I am not guilty of that; which is the substance
thereof, as I said before.
Recorder. It is enough, and shall serve turn. Enter that, clerk.
* * * * *
The seventh day of the week, called Saturday.
Silence being made, John Crook was called to the bar. The clerk of the
sessions read something concerning the jury, which was impanneled on
purpose, (as we said,) the jury being discharged who were eye-witnesses
of what passed between us and the court: and this jury, were divers of
them soldiers, some of whom did by violence and force pull and haul
Friends out of their meetings, and some of us out of our houses; and
these were of the jury by whom we were to be tried. The clerk reading
the indictment, (as I remember.)
J. C. I desire to be heard a few words, which are these, that
we may have liberty till the next quarter sessions to traverse
the indictment, it being long and in Latin, and like to be a
precedent: and I hope I need not press it; because I understood
that you promised, (and especially the recorder, who answered,
when it was desired, you shall,) that we should have counsel
also, the which we cannot be expected to have had the benefit
of as yet, the time being so short, and we kept prisoners, that
we could not go forth to advise with counsel, neither could we
tell how to get them to us; we having no copy of the indictment
before this morning; and because so suddenly hurried down to the
sessions, we cannot reasonably be supposed to be provided, (as to
matter of law,) to make our defence.
Judge. We have given you time enough, and you shall have no more;
for we will try you at this time, therefore swear the jury.
J. C. I desire we may have justice, and that we may not be
surprised in our trial, but that we may have time till the next
quarter sessions, our indictment being in Latin, and so large
as it is; and this is but that which is reasonable, and is the
practice of other courts: for, if it be but an action above
forty shillings, it is not ordinarily ended under two or three
terms. And in the quarter sessions, if one be indicted for a
trespass, if it be but to the value of five shillings, he shall
have liberty to enter his traverse, and upon security given to
prosecute, he shall have liberty till the next sessions, which
is the ordinary practice: which liberty we desire, and we hope
it is so reasonable, it will not be denied, especially upon
this occasion, we being like to be made a precedent: and courts
of justice have used to be especially careful in making of
precedents; for we are not provided, according to law, to make
our defence at this time; and therefore if we be put upon it, it
will be a surprisal.
Judge. There is no great matter of law in the case; it is only
matter of fact, whether you have refused to take the oath or not;
this is the point in issue: and what law can arise here?
Recorder. 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 copy 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.
J. C. I hope you will not surprise us: then the other prisoners,
(who also were indicted,) cried out, (having spoken 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; and the cryer, in
this uproar and confusion, did do something as if he had done
it: then we all cried 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 cried, put them into the bail-dock; others, to
put them within the furthest bar where the felons use to stand;
which we were forced into accordingly. And in this hurlyburly and
confusion that was amongst them, some men were sworn, to testify
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 desired
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.
Judge. Stop his mouth, executioner. Which was accordingly done.
Prisoners. Then we cried out, will you not give us leave to speak
for ourselves? 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.
Judge. It is too late now, you should have done it before they
had been sworn jurymen. 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 cried 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 ourselves
famous and them odious,) crying again stop their mouths,
executioner; which was done accordingly, with a dirty cloth,
and also endeavoured to have gagged 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.
Judge. Let Mr. Gray come to the bar. Room being made, he was
conveyed to an officer in the inner bar, where he spake to the
court to this purpose: I desire to know whether, according
to law, and the practice of this court, myself 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.
Judge. 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.
J. 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 stopped: was ever the like known?
Let the righteous God judge between us. Will you hear me? You
have often promised that you would.
Judge. 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 choose; and therefore we will try you now.
J. 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.
Judge. The law of England is not only just, but merciful; and
therefore you shall not be surprised, but shall have what justice
the law allows--Interruption.
J. 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 maxim of the law also is, _Summum jus
est summa injuria_;[28] 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 yourselves out of your own
mouths.
[28] The extreme of the law is extreme injustice.
Judge. Jury, give in your verdict.
J. 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 me leave, and the occasion requires;
it is to the point in these two heads, viz. Matter of law, and
matter of conscience: to matter of law I have this to say, First,
as to the statute itself, it was made against the Papists,
occasioned by the gunpowder plot, and is entitled, for the better
discovery and suppressing of Popish Recusants: but they have
liberty, and we are destroyed, what in you lies--(Interrupted
by the judges and disturbance of the court.) As to conscience,
I have something to say, and that is, it is a tender thing, and
we have known what it is to offend it; and therefore we dare
not break Christ’s commands, who hath said, Swear not at all;
and the apostle James said, Above all things my brethren swear
not.--(Interrupted.) The court calling again to the executioner
to stop my mouth; which he did accordingly, with his dirty cloth,
as aforesaid, and his gag in his hand.
Judge. Hear the jury; who said something to him, which was
supposed to give in the verdict, according to his order; for they
were fit for his purpose, as it seems, they beginning to lay
their heads together, before we had spoke any thing to them, only
upon his words.
Judge. Cryer, make silence in the court: then the recorder,
taking a paper into his hand, read to this purport, viz. The jury
for the king do find, that John Crook, John Bolton, and Isaac
Gray, are guilty of refusing to take the oath of allegiance;
for which you do incur a premunire, which is the forfeiture of
all your real estates during life, and your personal estates
for ever; and you to be out of the king’s protection, and to be
imprisoned during his pleasure: and this is your sentence.
J. C. But we are still under God’s protection.
Then the prisoners were remanded to Newgate, where J. Crook found
opportunity to make a narrative of the whole trial, which was printed
as aforesaid, together with the Latin indictment, in which he showed
several errors, either by wrong expressions, or by omissions. Thus the
injustice of these arbitrary proceedings were exposed to public view,
when this trial appeared in print; that the king himself might see
thereby, how ill his subjects were treated. But at that time there were
so many among the great ones and bishops, who were inclined to promote
the extirpation of the Quakers, that there seemed no human help. J.
Crook showed also circumstantially, how in many cases of trial, they
had acted against law; for he himself having formerly been a justice,
knew well enough how, and after what manner, justice ought to be
administered and maintained. How long he continued prisoner, I cannot
tell. But by this trial alone the reader may see, how the Quakers, so
called, were treated in regard of the oath; and such kind of proceeding
was the lot of many of them, because the intent of those in authority
seemed to be to suppress them quite.
Now follows, (to continue J. Crook’s words,) a copy of the
indictment, with some notes and observations on the same;
whereby it may appear, how false it is, and how easily it might
have been quashed for insufficiency, had we been allowed time,
(which by law they ought to have granted,) and been suffered
to have made our own defence; but that they would not do, but
stopped our mouths, as before is said, by the hands of the
executioner, to prevent what otherwise, (as the judge said,)
might have come to pass, viz. having liberty to make our
defence, by that means we should make ourselves famous, and
them odious.
London session. _Jur. pro dno. rege super sacra. suu. presentant
qd. ad general. quarterial. session. pacis d’ni. regis tent. pro
civitat._ London. _apud Guihald. ejusdem civitat. die Mercurij
scilt. vicesimo quinto die Junij anno regni d’ni. n’ri. Caroli
sc’di Dei gra. Angliæ, Scot’ Franc, & Hiberniæ Regis Fidei
defensor. &c. quarto decimo, coram_ Joh. Frederick _milite,
majore civitat._ London. Thoma Adams _milite & baronet_, Rico’
Brown _milite & baronet, &_ Thoma Aleyn _milite & baronet,
aldr’is d’ce civitat. ac al. socii, suis justic. d’ci. d’ni
regis ad pacem in civitat. præd. conservand. Necnon ad diver’s
felon. transgr. & al. malef’ca infra eandem civitat. perpetrat.
audiend. & terminand. assign. sessio. ista pacis adjornat. fuit.
per præfat. Justic. dc’i d’ni regis ib’m usq; diem Jovis scilt.
vicesim. sext. diem ejusdem mensis Junij anno supradicto ad
horam septimam ante merid. ejusdem diei apud justicehall in le_
Old Bailey _in paroch. sci. Sepulchri in warda de_ Farringdon
_extra_ London. _præd. tenend. coram præfat justic. & al. sociis
suis. ad faciend. ulterius prout. cur. con. &c. Ac ad eundem diem
Jovis. vicesimum sextum diem Junii anno quarto decimo supradicto
general. quarterial. sessio ista pacis tent. fuit pro civitat._
London. _præd. per adjornament. præd. aput justicehall præd.
in paroch & ward. præd. coram præfat._ Johe Frederick _milite,
majore civitat._ London. Thoma Adams _milite & baronet_, Ricardo
Brown _milite & baronet_, & Thoma Aleyn _milite & baronet.
aldr’is d’ce civitat ac_ Willo’ Wilde _milite & baronet, uno
scrivien. dci. d’ni regis ad legem ac recordator. civitat.
præd. ac. al. sociis suis justic. d’ci d’ni regis ad pacem in
civitat. præd. conservand. Necnon ad divers. felon. transgr.
& al malefaca. infra. eandem civitat. perpetrat. audiend. &
terminand. assign. Ac ad tunc & ibm. præd. general. quarterial.
sessio pacis præd. ulterius adjornat. fuit per præfat. justic.
usque diem veneris, scilt. vicesim septem. diem. dci. mensis
Junii, anno quarto decimo supradicto, ad horam septimam ante
merid. ejusdem diei apud justicehall præd. in parochia & warda
præd. tenend. coram præft. justic. & al sociis suis ad faciend.
ulterius. prout cur. con. Ac superinde ad istam eandem general.
quarterial. session. pacis tent. pro civitat. London. per
adjornament. præd. apud justicehall præd. in paroch. & warda
præd. dco. die veneris vicesimo septimo die Junii, anno quarto
decimo supradicto coram præfat._ Johe Frederick _milite, majore
civitat._ London.’ Thoma Adams _milite & baronet_, Rico’ Brown
_milite & baronet_, Rico’ Chiverton _armigero,[29] &_ Thoma
Aleyn _milite & baronet, aldr’is d’ce civitat. ac._ Willo’ Wilde
_milite & baronet. uno scriven. d’ci. d’ni regis ad legem ac
recordator. ejusdem civitat. ac al sociis suis justic. d’ci d’ni
regis ad pacem in civitat. præd. conservand. Necnon ad divers.
felon. transgr. & al. malef’ca infra eand. civitat. perpetrat.
audiend. & terminand, assign. in aperta general. quarterial.
session. præd præfat. justiciar. pacis ult no’iat. existentes
major pars justic. pacis ipsius d’ni regis infra d’cam civitat._
London’ _ad tunc scilt. d’co. vicesimo. septimo die Junii anno
quarto decimo suprad’co. apud d’cam paroch. sci_ Sepulchri _in
warda de_ Farringdon _extra._ London. _præd. presen. existend.
obtuler._ (_Anglice did tender_) Johi Crook _nuper de_ London.
_aurifabro, &_ Isaac Gray _nuper de_ London. _generoso & eor.
cuilibt separatim per se, (ad tunc existen. et cuilbt. eor.
existen. ultra ætat. octodecim annor.)[30] Jurament. content.
in quodam Actu in Parliament. D’ni_ Jacobi _nuper regis_ Angliæ
_tent. per. prorogationem[31] apud_ Westm. _in com._ Middles.
_quinto die_ Novembris _Anno Regni sui_ Angliæ Franc. _et_
Hiberniæ _tertio, et_ Scotiæ _tricesimo nono nuper edit. et
provis in his Anglicanis verbis sequen._ viz. I[32] do truly
and sincerely acknowledge, profess, testify, and declare, in my
conscience, before God and the world, that our sovereign lord
King Charles the Second[33] is lawful and rightful king of this
realm, and of all other his majesty’s dominions and countries:
and that the pope, neither of himself, nor by any authority of
the church, or see 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 majesty’s kingdoms or dominions, or to authorize any
foreign prince to invade or annoy him or his countries, or to
discharge any of his subjects of their allegiance and obedience
to his majesty, or to give license or leave to any of them to
bear arms, raise tumults, or to offer any violence or hurt to
his majesty’s royal person, state or government, or to any of
his majesty’s subjects, within his majesty’s 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 see, 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,
otherwise; and will do my best endeavours 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[34] 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 ministered 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 ad prefat. justic.
pacis ult. no’iat[35] ad tunc[36] scilt. d’co. vicesimo septimo
die Junii anno quarto decimo superadicto apud paroch. et ward.
præd. in d’ca[37] quarterial session. pacis præd. eosdem_ Joh’em
Crooke, Joh’em Bolton, _et_ Isaacum Gray, _et eor. quemlibt.
separatum per se requisiver. ad jurament. illud super. sacrosco.
Dei Evangel. capiend. quodq.; iidem,_ Johes Crooke, Johes Bolton,
_et_ Isaacus Gray, _jurament. præd. sic per pr. noi’at justic.
pacis ejusdem_ Johi Crooke, Johi Bolton, _et_ Isaaco Gray, _ut
præfectur oblat. et requisit. ad tunc et ibm. obstinate et
pertinaciter cape. recusaver. et quilibt. eor. recusavit.[38] In
malum exemplum omniu. alior. dcti. d’ni regis nunc fidel. subdit.
Et in contempt. d’ici. d’ni. regis nunc legumq; suar. contra
formam statut. præd. Ac contra pacem d’ci. d’ni regis nunc coron.
et dignitat. suas, &c._