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
        
      
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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.
             Crook, John, 1617-1699.
          
           45 p.
           
             s.n.],
             [S.l. :
             1662.
          
           
             Epistle signed: J.C.
             Errata: p. 45.
             This item can be found at reels 1122:16 and 1253:29.
             Wing number C7451 at reel position 1122:16 cancelled in Wing (2nd ed.).
             Reproduction of originals in the Huntington Library and Union Theological Seminary Library, New York.
          
        
      
    
     
       
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           Oaths -- Great Britain.
        
      
    
     
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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
               liberty
               ,
               and
               do
               question
               whether
               you
               ought
               in
               Justice
               to
               tender
               me
               the
               Oath
               on
               the
               account
               I
               am
               now
               brought
               before
               you
               ,
               because
               I
               am
               supposed
               to
               be
               an
               Offender
               ,
               or
               else
               why
               have
               I
               been
               six
               weeks
               in
               Prison
               already
               ?
               let
               me
               be
               cleared
               of
               my
               Imprisonment
               ,
               and
               then
               I
               shall
               answer
               to
               what
               is
               charged
               against
               me
               ,
               and
               to
               the
               question
               now
               propounded
               ;
               for
               I
               am
               a
               lover
               of
               Justice
               with
               all
               my
               soul
               ,
               and
               am
               well
               known
               by
               my
               Neighbours
               where
               I
               have
               lived
               ,
               
                 to
                 keep
                 a
                 Conscience
                 void
                 of
                 Offence
                 both
                 towards
                 God
                 ,
                 and
                 towards
                 man.
                 
              
            
          
           
             
               Judg.
               
            
             
               
                 Sirrah
                 ,
                 leave
                 your
                 Canting
              
               .
            
          
           
             
               J.
               C.
               
            
             
               Is
               this
               Canting
               ,
               to
               speak
               the
               words
               of
               the
               Scripture
               ?
            
          
           
             
               Judg.
               
            
             
               
                 It
                 's
                 Canting
                 in
                 your
                 mouth
                 ,
                 though
                 they
                 are
              
               Paul's
               words
               .
            
          
           
             
               J.
               C.
               
            
             
               I
               speak
               but
               the
               words
               of
               the
               Scripture
               ,
               and
               it
               is
               not
               canting
               though
               I
               speak
               them
               ,
               but
               they
               are
               words
               of
               
                 truth
                 and
                 soberness
              
               in
               my
               mouth
               ,
               they
               being
               
                 witnessed
                 by
                 me
              
               ,
               and
               
                 fulfilled
                 in
                 me
              
               .
            
          
           
             
               Judg.
               
            
             
               
                 We
                 do
                 ask
                 you
                 again
                 ,
                 whether
                 you
                 will
                 take
                 the
                 Oath
                 of
                 Allegiance
                 ?
                 it
                 is
                 but
                 a
                 short
                 Question
                 ,
                 you
                 may
                 answer
                 it
                 if
                 you
                 will.
                 
              
            
          
           
             
               J.
               C.
               
            
             
               By
               what
               Law
               have
               you
               power
               to
               tender
               it
               ?
               Then
               ,
               after
               some
               Consultation
               together
               by
               whispering
               ,
               they
               called
               for
               the
               Statute-Book
               ,
               and
               turning
               over
               the
               leaves
               ,
               they
               answered
               ,
            
          
           
             
               Judg.
               
            
             
               
                 By
                 the
                 3d
                 of
                 King
              
               James
               .
            
          
           
             
               J.
               C.
               
            
             
               I
               desire
               that
               Statute
               may
               be
               read
               ;
               for
               I
               have
               consulted
               it
               ,
               and
               do
               not
               understand
               that
               you
               have
               power
               by
               that
               Statute
               to
               tender
               me
               the
               Oath
               ,
               being
               here
               before
               you
               in
               this
               place
               upon
               this
               occasion
               ,
               as
               a
               Delinquent
               already
               ;
               and
               therefore
               I
               desire
               the
               Judgment
               of
               the
               
               Court
               in
               this
               Case
               ,
               and
               that
               the
               Statute
               may
               be
               read
               .
            
          
           
             
               Judge
               .
            
             
               Then
               they
               took
               the
               Statute-Book
               and
               consulted
               together
               upon
               it
               ,
               and
               one
               said
               ,
               
                 We
                 are
                 the
                 Judges
                 of
                 this
                 Land
                 ,
                 and
                 do
                 better
                 understand
                 our
                 Power
                 than
                 you
                 do
                 ,
                 and
                 we
                 do
                 judge
                 We
                 may
                 lawfully
                 do
                 it
                 .
              
            
          
           
             
               J.
               Cr.
               
            
             
               Is
               this
               the
               Judgment
               of
               the
               Court
               ?
            
          
           
             
               Judg.
               
            
             
               Yes
               .
            
          
           
             
               J.
               Cr.
               
            
             
               I
               desire
               the
               Statute
               to
               be
               read
               that
               impowers
               you
               to
               tender
               the
               Oath
               to
               me
               upon
               this
               occasion
               in
               this
               place
               ;
               for
               ,
               
                 Vox
                 audita
                 perit
                 ,
                 set
                 litera
                 scripta
                 manet
                 ,
              
               therefore
               let
               me
               hear
               it
               read
               .
            
          
           
             
               Judg.
               
            
             
               
                 Hear
                 me
              
               .
            
          
           
             
               J.
               Cr.
               
            
             
               I
               am
               as
               willing
               to
               hear
               as
               to
               speak
               .
            
          
           
             
               Judg.
               
            
             
               
                 Then
                 hear
                 me
                 :
                 You
                 are
                 here
                 required
                 to
                 take
                 the
                 Oath
                 by
                 the
                 Court
                 ,
                 and
                 I
                 will
                 inform
                 you
                 what
                 the
                 Penalty
                 will
                 be
                 in
                 case
                 you
                 refuse
                 :
                 for
                 ,
                 your
                 first
                 denial
                 shall
                 be
                 recorded
                 ,
                 and
                 then
                 it
                 shall
                 be
                 tendered
                 to
                 you
                 again
                 at
                 the
                 end
                 of
                 the
                 Sessions
                 ,
                 and
                 upon
                 the
                 second
                 refusal
                 you
                 run
                 a
              
               Premunire
               ,
               
                 which
                 is
                 the
                 forfeiture
                 of
                 all
                 your
                 Estate
                 (
                 if
                 you
                 have
                 any
                 )
                 and
                 Imprisonment
                 during
                 life
                 .
              
            
          
           
             
               J.
               C.
               
            
             
               It
               is
               Justice
               I
               stand
               for
               ;
               let
               me
               have
               Justice
               ,
               in
               bringing
               my
               Accuser
               
                 face
                 to
                 face
              
               ,
               as
               by
               Law
               you
               ought
               to
               do
               ,
               I
               standing
               at
               your
               Bar
               as
               a
               Delinquent
               ;
               and
               when
               that
               is
               done
               ,
               I
               will
               answer
               to
               what
               can
               be
               charged
               against
               me
               ,
               as
               also
               to
               the
               Question
               ;
               until
               then
               I
               shall
               give
               no
               other
               Answer
               than
               I
               have
               already
               done
               ,
               (
               at
               least
               at
               present
               .
               )
            
             
               Then
               there
               was
               a
               Cry
               in
               the
               Court
               ,
               
                 Take
                 him
                 away
              
               ,
               which
               occasioned
               a
               great
               interruption
               ,
               and
               
                 J.
                 C.
              
               spake
               to
               this
               purpose
               ,
               saying
               ,
               Mind
               the
               Fear
               of
               the
               Lord
               God
               ,
               that
               you
               may
               come
               to
               the
               knowledge
               of
               his
               Will
               ,
               and
               do
               Justice
               ;
               and
               take
               heed
               of
               oppressing
               the
               Innocent
               ,
               for
               the
               Lord
               God
               of
               Heaven
               and
               Earth
               will
               assuredly
               
                 plead
                 their
                 Cause
              
               :
               and
               for
               my
               part
               ,
               I
               desire
               not
               the
               hurt
               of
               one
               of
               the
               hairs
               of
               your
               heads
               ,
               but
               let
               God's
               Wisdom
               guide
               you
               .
               These
               words
               he
               spake
               at
               the
               Bar
               ,
               and
               as
               he
               was
               carrying
               away
               .
            
          
        
         
           
             On
             the
             sixt
             day
             of
             the
             week
             in
             the
             forenoon
             following
             ,
             the
             Court
             being
             sate
             ,
             
               John
               Crook
            
             was
             called
             to
             the
             Bar.
             
          
           
             
               C.
               Judg.
               
            
             
               Friend
               Crook
               ,
               
                 We
                 have
                 given
                 you
                 time
                 to
                 consider
                 of
                 what
                 was
                 said
                 yesterday
                 to
                 you
                 by
                 the
                 Court
                 ,
                 hoping
                 you
                 may
                 have
                 better
                 considered
                 of
                 it
                 by
                 this
                 time
                 :
                 therefore
                 ,
                 without
                 any
                 more
                 words
                 ,
                 will
                 you
                 take
                 the
                 Oath
                 ?
              
               and
               called
               to
               the
               Clerk
               ,
               and
               bid
               him
               read
               it
               .
            
          
           
             
               J.
               C.
               
            
             
               I
               did
               not
               ,
               neither
               do
               I
               deny
               Allegiance
               ,
               but
               do
               desire
               to
               know
               the
               Cause
               of
               my
               so
               
                 long
                 Imprisonment
              
               ;
               for
               ,
               as
               I
               said
               ,
               I
               stand
               at
               your
               
               Bar
               as
               a
               Delinquent
               ,
               and
               am
               brought
               hither
               
                 by
                 force
              
               ,
               contrary
               to
               the
               Law
               ;
               therefore
               let
               me
               see
               my
               Accuser
               ,
               or
               else
               
                 free
                 me
              
               by
               Proclamation
               ,
               as
               I
               ought
               to
               be
               ,
               if
               none
               can
               accuse
               me
               :
               For
               the
               Law
               is
               grounded
               upon
               
                 right
                 Reason
              
               ,
               and
               whatsoever
               is
               contrary
               to
               
                 right
                 Reason
              
               ,
               is
               contrary
               
                 to
                 Law
              
               ;
               and
               therefore
               if
               
                 no
                 Accuser
              
               appear
               ,
               you
               ought
               to
               
                 acquit
                 me
              
               first
               ,
               and
               then
               I
               shall
               answer
               ,
               as
               I
               have
               said
               ,
               If
               any
               
                 new
                 matter
              
               appear
               ,
               otherwise
               it
               is
               of
               force
               ,
               and
               that
               our
               Law
               abhors
               ,
               and
               you
               ought
               not
               to
               take
               notice
               of
               my
               so
               being
               before
               you
               ;
               for
               what
               is
               not
               
                 legally
                 so
              
               ,
               is
               
                 not
                 so
              
               ;
               and
               therefore
               I
               am
               in
               the
               condition
               ,
               as
               if
               I
               were
               not
               before
               you
               :
               and
               therefore
               it
               cannot
               be
               supposed
               in
               
                 right
                 Reason
              
               ,
               that
               you
               have
               now
               power
               at
               this
               time
               ,
               and
               in
               this
               place
               legally
               to
               tender
               me
               the
               Oath
               .
            
          
           
             
               Judg.
               
            
             
               
                 Reade
                 the
                 Oath
                 to
                 him
              
               ,
               and
               so
               the
               Clerk
               began
               to
               reade
               .
            
          
           
             
               J.
               C.
               
            
             
               I
               desire
               Justice
               according
               to
               the
               
                 Laws
                 of
                 England
              
               :
               for
               you
               ought
               first
               to
               
                 convict
                 me
              
               concerning
               the
               cause
               of
               my
               so
               
                 long
                 Imprisonment
              
               :
               for
               you
               are
               to
               proceed
               according
               to
               
                 Laws
                 already
                 made
              
               ,
               and
               not
               to
               
                 make
                 Laws
              
               ;
               for
               you
               ought
               to
               be
               
                 Ministers
                 of
                 the
                 Law.
              
               
            
          
           
             
               Judg.
               
            
             
               
                 You
                 are
                 a
              
               saucy
               
                 and
                 an
              
               impudent
               fellow
               ;
               
                 will
                 you
                 tell
                 us
                 what
                 is
                 Law
                 ,
                 or
                 our
                 duties
                 ?
              
               Then
               said
               he
               to
               the
               Clerk
               ,
               
                 Reade
                 on
              
               ;
               and
               when
               the
               Clerk
               had
               done
               reading
               ,
            
          
           
             
               I.
               Cr.
               
            
             
               said
               ,
               Reade
               the
               Preface
               to
               the
               Act
               ;
               I
               say
               again
               ,
               reade
               the
               Title
               and
               Preamble
               to
               the
               Act
               ;
               for
               Titles
               to
               Laws
               ,
               are
               
                 Claves
                 Legum
              
               ,
               as
               keys
               to
               open
               the
               Law
               ;
               for
               by
               their
               Titles
               Laws
               are
               understood
               and
               known
               ,
               as
               men
               by
               their
               faces
               .
               Then
               the
               Judges
               would
               have
               interrupted
               me
               ,
               but
               I
               said
               as
               followeth
               ,
               If
               you
               will
               
                 not
                 hear
                 me
              
               ,
               nor
               
                 do
                 me
                 Justice
              
               ,
               I
               must
               appeal
               to
               the
               Lord
               God
               of
               Heaven
               and
               Earth
               ,
               who
               is
               Judge
               of
               
                 quick
                 and
                 dead
              
               ,
               before
               whom
               we
               shall
               all
               appear
               to
               give
               an
               account
               for
               the
               deeds
               done
               in
               the
               body
               ;
               for
               he
               will
               judge
               between
               you
               and
               me
               this
               day
               ,
               whether
               you
               have
               done
               me
               justice
               or
               not
               ?
            
             
               These
               words
               following
               (
               or
               the
               like
               )
               I
               spake
               as
               going
               from
               the
               Bar
               ,
               being
               pulled
               away
               ,
               viz.
               Mind
               the
               Fear
               of
               the
               Lord
               God
               ,
               that
               you
               may
               do
               Justice
               ,
               lest
               you
               perish
               in
               his
               Wrath
               :
               For
               sometimes
               the
               Court
               cryed
               ,
               
                 Pull
                 him
                 away
              
               ,
               and
               then
               said
               ,
               
                 Bring
                 him
                 again
              
               ;
               and
               thus
               they
               did
               several
               times
               ,
               like
               men
               in
               confusion
               and
               disorder
               .
            
             
               The
               same
               day
               in
               the
               afternoon
               ,
               Silence
               being
               made
               ,
               
                 John
                 Crook
              
               was
               called
               to
               the
               Bar
               before
               the
               Judges
               and
               Justices
               aforesaid
               :
               the
               Indictment
               being
               read
               ,
               the
               Judge
               said
               ,
            
             
               Mr.
               Crook
               ,
               
                 You
                 have
                 heard
                 your
                 Indictment
                 ,
                 what
                 say
                 you
                 ,
                 Are
                 you
              
               Guilty
               ,
               or
               not
               Guilty
               ?
            
          
           
             
             
               I.
               C.
               
            
             
               I
               desire
               to
               speak
               a
               
                 few
                 words
              
               in
               humility
               and
               soberness
               ,
               in
               regard
               my
               Estate
               and
               Liberty
               lies
               at
               stake
               ,
               and
               am
               like
               to
               be
               a
               President
               for
               many
               more
               ;
               therefore
               I
               hope
               the
               Court
               will
               not
               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
                 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
               spake
               afterwards
               .
               )
            
          
           
             
               I.
               Cr.
               
            
             
               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
               ,
               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
               .
            
          
           
             
               Judg.
               
            
             
               
                 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
                 tendred
                 it
                 you
                 ,
                 and
                 for
                 your
                 not
                 taking
                 of
                 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
               .
            
             
               
                 (
                 I.
                 Cr.
              
               Here
               I
               was
               interrupted
               ,
               but
               might
               have
               said
               ,
               that
               
                 the
                 People
                 that
                 were
                 Spectators
                 ,
                 beholding
                 and
                 hearing
                 the
                 Tryals
                 ,
                 are
                 not
                 to
                 be
                 called
              
               Gazers
               ,
               
                 as
                 the
              
               Judge
               
                 terms
                 them
                 ,
                 because
                 it
                 is
                 their
              
               Liberty
               and
               Priviledge
               
                 as
                 they
                 are
              
               English-men
               ,
               
                 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
               Tryals
               and
               see
               Justice
               done
               ,
               
                 and
                 might
              
               have
               spoken
               
                 (
                 if
                 occasion
                 had
                 been
              
               )
               any
               thing
               
                 in
                 the
                 Prisoners
              
               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
                 curiae
              
               ,
               so
               saith
               Cook.
               )
            
          
           
             
               I.
               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
                 it self
                 .
              
               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
               leisurable
               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
               it
               ,
               or
               much
               of
               it
               ,
               and
               that
               is
               not
               my
               intention
               in
               the
               least
               to
               disparage
               or
               derogate
               from
               .
            
          
           
             
               Judg.
               
            
             
               Mr.
               Crook
               ,
               
                 You
                 have
                 been
                 told
                 you
                 must
                 plead
              
               Guilty
               ,
               or
               not
               Guilty
               ,
               
                 or
                 else
                 you
                 will
                 run
                 your self
                 into
                 a
              
               Premunire
               ;
               
                 be
                 not
                 your
                 own
                 enemy
                 ,
                 nor
                 be
                 not
                 so
                 obstinate
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               I
               would
               not
               stand
               obstinately
               before
               you
               ,
               neither
               am
               I
               so
               ;
               if
               you
               understand
               it
               otherwise
               ,
               it
               is
               a
               mistake
               indeed
               .
            
          
           
             
               Judg.
               
            
             
               
                 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
               him
               .
            
          
           
             
               Recorder
               .
            
             
               Mr.
               Crook
               ,
               
                 If
                 you
                 will
                 answer
                 you
                 may
                 plead
                 for
                 your self
                 ,
                 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
                 tendred
                 to
                 him
                 ,
                 and
                 may
                 be
                 committed
                 ,
                 without
                 taking
                 notice
                 how
                 he
                 came
                 here
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               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
               Recorders
               savours
               more
               of
               Passion
               than
               Iustice
               ,
               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
               it self
               ,
               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
               .
            
          
           
             
               Iudg.
               
            
             
               Mr.
               Crook
               ,
               
                 you
                 must
                 not
                 be
                 your
              
               own
               Iudge
               ,
               
                 we
                 are
              
               your
               Iudges
               ;
               
                 but
                 for
                 our
                 parts
                 we
                 will
                 not
                 wrong
                 you
                 :
                 Will
                 you
                 answer
              
               Guilty
               ,
               or
               not
               Guilty
               ?
               
                 if
                 not
                 ,
                 you
                 will
                 run
                 your self
                 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
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               Then
               it
               seems
               You
               make
               the
               
                 LAW
                 a
                 Trapan
                 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
               .
            
          
           
             
               Iudg.
               
            
             
               
                 Yes
                 ,
                 if
                 there
                 be
                 new
                 matter
                 ;
                 or
                 ,
                 if
                 there
                 fall
                 out
                 any
                 emergent
                 occasion
                 ,
                 whereby
                 you
                 minister
                 on
                 your
                 part
                 new
                 occasion
                 :
                 Mr.
              
               Crook
               ,
               
                 will
                 you
                 swear
              
               ?
            
          
           
             
               I.
               Cr.
               
            
             
               If
               I
               do
               take
               it
               
                 to
                 day
              
               ,
               it
               may
               be
               tendred
               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
               .
            
          
           
             
               C.
               Iudg.
               
            
             
               
                 When
                 you
                 have
              
               [
               once
               ]
               sworn
               ,
               
                 you
                 may
                 not
                 be
                 put
                 upon
                 it
              
               again
               ,
               
                 except
                 you
                 minister
                 occasion
                 on
                 your
                 part
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               Is
               this
               the
               Judgement
               of
               the
               Court
               ,
               that
               the
               Oath
               [
               once
               ]
               taken
               by
               me
               
                 is
                 sufficient
              
               ,
               and
               ought
               not
               to
               be
               tendred
               a
               
                 second
                 time
              
               ,
               without
               
                 new
                 matter
              
               ministred
               on
               my
               part
               ?
            
          
           
             
               Iudg.
               
            
             
               
                 Yes
                 ,
                 you
                 making
                 it
                 appear
                 you
                 have
              
               [
               once
               ]
               taken
               it
               .
            
          
           
             
               I.
               Cr.
               
            
             
               Is
               this
               the
               Iudgment
               of
               the
               
                 whole
                 Court
              
               ?
               for
               I
               would
               not
               do
               any
               thing
               rashly
               .
            
          
           
             
               Judges
               .
            
             
               
                 Yes
                 ,
                 it
                 is
                 the
                 Iudgement
                 of
                 the
                 Court
              
               ;
               to
               which
               they
               all
               standing
               up
               ,
               said
               ,
               Yes
               .
            
          
           
             
               I.
               C.
               
            
             
               Then
               it
               seems
               there
               must
               be
               some
               
                 new
                 occasion
              
               ministred
               by
               me
               after
               I
               have
               [
               once
               ]
               taken
               it
               ,
               or
               it
               ought
               not
               to
               be
               
                 tendred
                 to
                 me
              
               the
               
                 second
                 time
              
               .
            
          
           
             
               Iudges
               .
            
             
               Yes
               .
            
          
           
             
               I.
               C.
               
            
             
               Then
               by
               the
               Iudgment
               of
               this
               Court
               ,
               if
               I
               make
               it
               appear
               
               that
               I
               have
               taken
               the
               Oath
               [
               once
               ]
               and
               I
               have
               ministred
               
                 no
                 new
                 matter
                 on
                 my
                 part
                 ,
              
               whereby
               I
               can
               be
               justly
               charged
               with
               the
               breach
               of
               it
               ,
               then
               it
               ought
               not
               to
               be
               tendred
               me
               the
               
                 second
                 time
              
               ;
               But
               I
               am
               
                 the
                 man
              
               that
               have
               taken
               it
               [
               once
               )
               being
               a
               
                 Freeman
                 of
                 the
                 City
                 of
                 London
                 ,
              
               when
               I
               was
               made
               free
               ,
               witness
               the
               Records
               in
               Guild-hall
               ,
               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
                 Iudgment
              
               to
               tender
               me
               it
               the
               
                 second
                 time
              
               ,
               for
               ,
               
                 de
                 non
                 apparentibus
                 ,
                 &
                 non
                 existantibus
                 eadem
                 Ratio
                 est
                 —
              
               Interrupted
               by
               the
               shout
               of
               the
               Court
               ,
               when
               these
               last
               words
               might
               have
               been
               spoken
               .
            
          
           
             
               Iudg.
               
            
             
               Mr.
               Crook
               
                 you
                 are
                 mistaken
                 ,
                 you
                 must
                 not
                 think
                 to
                 surprize
                 the
                 Court
                 with
              
               Critiscisms
               ,
               
                 nor
                 draw
                 false
                 conclusions
                 from
                 our
                 Iudgments
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               If
               this
               be
               not
               a
               
                 natural
                 conclusion
              
               from
               the
               
                 Iudgment
                 of
                 the
                 Court
              
               ,
               let
               
                 right
                 Reason
              
               judge
               ;
               and
               if
               you
               recede
               from
               your
               
                 own
                 Iudgments
              
               in
               the
               
                 same
                 breath
              
               (
               as
               it
               were
               )
               given
               even
               now
               ,
               what
               Iustice
               can
               I
               expect
               
                 from
                 you
              
               ?
               for
               ,
               if
               you
               will
               not
               be
               just
               to
               your selves
               and
               your
               
                 own
                 Iudgments
              
               ,
               how
               can
               I
               expect
               you
               should
               be
               just
               to
               me
               ?
            
          
           
             
               Judg.
               
            
             
               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
                 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
                 your self
                 ,
                 and
                 prejudice
                 your self
                 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
               ?
            
          
           
             
               I.
               Cr.
               
            
             
               Will
               you
               not
               stand
               to
               your
               
                 own
                 Iudgments
              
               ?
               did
               you
               not
               say
               even
               now
               ,
               
                 that
                 if
                 I
                 had
              
               (
               once
               )
               
                 taken
                 the
                 Oath
                 ,
                 it
                 ought
                 not
                 to
                 be
                 tendred
                 to
                 me
                 the
              
               second
               time
               ,
               
                 except
                 I
                 administred
              
               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
               .
            
          
           
             
               Iudg.
               
            
             
               
                 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
                 .
                 )
              
            
          
           
             
               I.
               Cr.
               
            
             
               Before
               I
               answer
               ,
               I
               demand
               a
               
                 Copie
                 of
                 my
                 Indictment
              
               ;
               for
               I
               
               have
               heard
               it
               affirmed
               by
               Counsel
               learned
               in
               the
               Law
               ,
               
                 That
                 if
                 I
                 plead
                 before
                 I
                 have
                 a
                 Copie
                 ,
                 or
                 have
                 made
                 my
                 Exceptions
                 ,
                 my
                 Exceptions
                 afterwards
                 against
                 the
                 Indictment
                 will
                 be
                 made
                 void
                 :
              
               Therefore
               I
               desire
               a
               Copie
               of
               the
               Indictment
               .
            
          
           
             
               Judg.
               
            
             
               
                 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
               Copie
               .
               
                 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
               .
            
          
           
             
               Judg.
               
            
             
               
                 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.
               Cr.
               
            
             
               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
               my
               self
               ,
               as
               a
               Christian
               ,
               or
               as
               an
               English-man
               .
            
          
           
             
               Judge
               .
            
             
               
                 Understand
                 your self
              
               ,
               (
               but
               we
               will
               not
               make
               a
               bargain
               with
               you
               ,
               said
               another
               Judge
               )
               
                 you
                 shall
                 have
                 the
                 Right
                 done
                 you
                 as
                 an
              
               English-man
               ,
               
                 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.
               Cr.
               
            
             
               As
               to
               the
               Indictment
               it
               is
               
                 very
                 large
              
               ,
               and
               seems
               to
               be
               confused
               ,
               and
               made
               up
               of
               some
               things
               true
               ,
               and
               some
               things
               false
               ;
               my
               Answer
               therefore
               is
               ,
               What
               is
               true
               in
               the
               Indictment
               
                 I
                 will
                 not
                 denie
              
               ,
               because
               I
               make
               conscience
               of
               what
               I
               say
               ,
               and
               therefore
               ,
               Of
               what
               is
               true
               ,
               I
               confess
               my self
               Guilty
               ,
               but
               what
               is
               false
               I
               am
               
                 not
                 Guilty
                 of
                 that
              
               .
            
          
           
             
               Judg.
               
            
             
               
                 That
                 is
                 not
                 sufficient
                 :
                 either
                 answer
              
               Guilty
               ,
               or
               not
               Guilty
               ,
               
                 or
                 Judgment
                 will
                 be
                 given
                 against
                 you
                 .
              
            
          
           
             
               J.
               Cr.
               
            
             
               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
               .
            
          
           
             
               Judg.
               
            
             
               
                 No
                 more
                 ado
                 ,
                 the
                 form
                 is
                 nothing
                 ,
              
               Guilty
               ,
               or
               not
               ?
            
          
           
             
               I.
               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
             empanelled
             on
             purpose
             (
             as
             was
             said
             )
             The
             Jury
             being
             discharged
             who
             were
             Eye-witnesses
             of
             what
             passed
             between
             us
             and
             the
             Court
             :
             And
             this
             Jury
             being
             divers
             of
             them
             Souldiers
             ,
             some
             of
             whom
             did
             by
             violence
             and
             force
             pull
             and
             hale
             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
             tryed
             .
             The
             Clerk
             reading
             the
             Indictment
             (
             as
             I
             remember
             .
             )
          
           
             
               I.
               Cr.
               
            
             
               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
               Latine
               ,
               and
               like
               to
               be
               
                 a
                 President
              
               ;
               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
               .
            
          
           
             
               Judg.
               
            
             
               
                 We
                 have
                 given
                 you
                 time
                 enough
                 ,
                 and
                 you
                 shall
                 have
                 no
                 more
                 ;
                 for
                 we
                 will
                 try
                 you
                 at
                 this
                 time
                 ,
                 therefore
                 swear
                 the
                 Jury
                 .
              
            
          
           
             
               I.
               Cr.
               
            
             
               I
               desire
               we
               may
               have
               Justice
               ,
               and
               that
               we
               may
               not
               be
               surprized
               in
               our
               Tryal
               ,
               but
               that
               we
               may
               have
               time
               till
               the
               
                 next
                 Quarter-Sessions
              
               ,
               our
               Indictment
               being
               in
               Latine
               ,
               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
               denyed
               ,
               especially
               upon
               this
               occasion
               ,
               we
               being
               like
               to
               be
               made
               a
               President
               ;
               And
               Courts
               of
               Justice
               have
               used
               ,
               to
               be
               especially
               careful
               in
               making
               of
               Presidents
               ,
               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
               surprizal
               .
            
          
           
             
               Judg.
               
            
             
               
                 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
                 ;
                 that
                 is
                 the
                 point
                 in
                 issue
                 :
                 And
                 what
                 Law
                 can
                 arise
                 here
                 ?
              
            
          
           
             
               Record
               .
            
             
               Mr.
               Crook
               ,
               
                 The
                 Keeper
                 of
                 the
                 Prison
                 was
                 spoken
                 to
                 ,
                 to
                 tell
                 you
                 that
                 we
                 intended
                 to
                 try
                 you
                 this
                 day
                 ,
                 and
                 therefore
                 ordered
                 him
                 that
              
               Counsel
               
                 might
                 come
                 to
                 you
                 if
                 you
                 would
                 ,
                 and
                 also
                 that
                 the
              
               Clerk
               
                 should
                 give
                 you
                 a
                 Copie
                 of
                 the
              
               Indictment
               :
               
                 This
                 is
                 fair
                 ,
                 Therefore
                 we
                 will
                 go
                 on
                 to
                 swear
                 the
              
               Jury
               ;
               
                 for
                 the
                 matter
                 is
                 ,
                 Whether
                 you
              
               refuse
               the
               Oath
               ,
               or
               not
               ?
               
                 and
                 that
                 is
                 the
                 single
                 point
                 ,
                 and
                 there
                 needs
                 neither
              
               Law
               nor
               Counsel
               
                 in
                 the
                 Case
                 ;
                 and
                 therefore
                 we
                 considered
                 of
                 it
                 last
                 night
                 ,
                 when
                 we
                 sent
                 you
                 word
                 and
                 did
                 determine
                 to
                 try
                 you
                 ,
                 and
                 therefore
                 it
                 is
                 in
                 vain
                 to
                 say
                 any
                 thing
                 ,
                 for
                 the
                 Court
                 is
                 resolved
                 to
                 try
                 you
                 now
                 ,
              
               Therefore
               
                 swear
                 the
                 Jury
              
               ,
               Cryer
               .
            
          
           
             
               I.
               C.
               
            
             
               I
               hope
               you
               will
               not
               
                 surprize
                 us
              
               :
               Then
               the
               other
               Prisoners
               (
               who
               also
               were
               endited
               )
               cryed
               out
               (
               having
               spoke
               something
               before
               )
               
                 Let
                 us
                 have
                 Justice
                 ,
                 and
                 let
                 not
                 the
                 Jury
                 be
                 sworn
                 till
                 we
                 be
                 first
                 heard
              
               ;
               so
               there
               was
               a
               great
               noise
               ,
               the
               Court
               being
               in
               a
               confusion
               ,
               some
               crying
               ,
               
                 Take
                 them
                 away
              
               ;
               others
               ,
               
                 Stay
                 ,
                 let
                 them
                 alone
              
               ;
               others
               saying
               ,
               
                 Go
                 on
                 to
                 swear
                 the
                 Jury
                 ,
              
               which
               the
               Cryer
               in
               this
               uproar
               and
               confusion
               did
               do
               something
               ,
               as
               if
               he
               had
               done
               it
               ;
               Then
               we
               all
               cryed
               out
               
                 for
                 Justice
                 ,
                 and
                 Liberty
                 till
                 the
                 next
                 Sessions
              
               ;
               the
               Court
               being
               in
               a
               confusion
               ,
               some
               crying
               
                 one
                 thing
              
               ,
               and
               some
               another
               ,
               which
               now
               cannot
               be
               called
               to
               mind
               ,
               by
               reason
               of
               the
               great
               distraction
               that
               was
               in
               the
               Court
               ,
               neither
               what
               we
               said
               
                 to
                 them
              
               ,
               nor
               
                 they
                 to
                 us
              
               ,
               the
               noise
               was
               so
               great
               ,
               and
               the
               Commands
               of
               the
               Court
               so
               various
               to
               the
               Officers
               ,
               some
               commanding
               them
               
                 to
                 take
                 us
                 away
              
               ,
               others
               ,
               
                 to
                 let
                 us
                 alone
              
               ,
               others
               ,
               
                 to
                 bring
                 us
                 nearer
              
               ,
               others
               cryed
               ,
               
                 put
                 them
                 into
                 the
                 Bail-Dock
              
               ,
               others
               ,
               
                 to
                 put
                 them
                 within
                 the
                 furthest
                 Bar
                 where
                 the
                 Felons
                 use
                 to
                 stand
                 ,
              
               where
               we
               were
               forc'd
               into
               accordingly
               ;
               and
               in
               this
               hurliburly
               and
               confusion
               that
               was
               amongst
               them
               ,
               some
               men
               were
               sworn
               to
               testifie
               
                 that
                 we
                 refused
                 to
                 take
                 the
                 Oath
                 ,
              
               which
               we
               never
               positively
               did
               ;
               other
               Officers
               of
               the
               Court
               ,
               whom
               they
               would
               
                 have
                 sworn
              
               ,
               refused
               
                 to
                 swear
              
               ,
               though
               pressed
               to
               it
               by
               the
               Chief
               Justice
               ,
               they
               desiring
               
                 to
                 be
                 excused
              
               .
               Then
               spake
               one
               of
               the
               Prisoners
               again
               pretty
               much
               ,
               but
               could
               hardly
               be
               understood
               by
               reason
               of
               the
               noise
               in
               the
               Court
               ,
               but
               the
               People
               ,
               to
               whom
               he
               spake
               with
               a
               loud
               voice
               by
               way
               of
               exhortation
               ,
               might
               hear
               the
               substance
               of
               what
               he
               said
               ,
               which
               cannot
               now
               particularly
               be
               called
               to
               mind
               ;
               but
               it
               was
               to
               express
               the
               presence
               and
               love
               of
               God
               to
               himself
               ,
               and
               to
               exhort
               others
               to
               mind
               his
               Fear
               ,
               that
               they
               also
               might
               be
               acquainted
               with
               God
               ,
               &c.
               
            
          
           
             
               Judg.
               
            
             
               
                 Stop
                 his
                 mouth
              
               ,
               Executioner
               ;
               which
               was
               accordingly
               done
               .
            
          
           
             
             
               Prisoners
               .
            
             
               Then
               we
               cryed
               out
               ,
               
                 Will
                 you
                 not
                 give
                 us
                 leave
                 to
                 speak
                 for
                 our selves
                 ?
                 We
                 except
                 against
                 some
                 of
                 the
              
               Jury
               ,
               
                 as
                 being
              
               our
               Enemies
               ,
               
                 and
                 some
                 of
                 them
                 who
                 by
              
               force
               
                 commanded
                 us
                 to
                 be
                 pulled
                 out
                 of
                 our
              
               Meetings
               ,
               
                 contrary
                 to
                 Law
                 ,
                 and
                 carried
                 us
                 to
              
               Prison
               
                 without
                 Warrant
                 ,
                 or
                 other
                 due
                 Process
                 of
                 Law
                 ;
                 and
                 shall
                 these
                 be
              
               our
               Judges
               ?
               
                 we
                 except
                 against
                 them
              
               .
            
          
           
             
               Judg.
               
            
             
               
                 It
                 is
                 too
                 late
                 now
                 ,
                 you
                 should
                 have
                 done
                 it
                 before
                 they
                 had
                 been
                 sworn
                 Jury-men
                 .
              
               Jury
               
                 go
                 together
                 ,
                 that
                 which
                 you
                 have
                 to
                 find
                 ,
                 is
                 ,
                 Whether
                 they
                 have
                 refused
                 to
                 take
                 the
                 Oath
                 or
                 no
                 ,
                 which
                 hath
                 been
                 sworn
                 before
                 you
                 that
                 they
                 did
                 refuse
                 ?
                 you
                 need
                 not
                 go
                 from
                 the
                 Bar
              
               ;
               and
               like
               words
               said
               the
               Recorder
               and
               others
               ,
               there
               being
               a
               confusion
               and
               noise
               in
               the
               Court
               ,
               many
               speaking
               together
               .
            
          
           
             
               Prisoners
               .
            
             
               Then
               we
               cryed
               
                 for
                 Justice
              
               ,
               and
               that
               we
               might
               be
               heard
               ,
               to
               make
               our
               Defence
               before
               the
               Jury
               gave
               their
               Verdict
               :
               but
               the
               Judge
               and
               Recorder
               said
               ,
               
                 we
                 should
                 not
                 be
                 heard
              
               ,
               (
               making
               good
               by
               their
               practice
               what
               the
               
                 Chief
                 Judge
              
               had
               said
               the
               day
               before
               ,
               
                 viz.
                 That
                 if
                 we
                 had
                 liberty
                 to
                 speak
                 ,
                 we
                 would
                 make
                 our selves
              
               famous
               
                 and
                 them
              
               odious
               )
               crying
               again
               ,
               
                 Stop
                 their
                 mouths
              
               Executioner
               ,
               which
               was
               done
               accordingly
               ,
               with
               a
               
                 dirty
                 cloth
              
               ,
               and
               also
               endeavoured
               to
               have
               
                 gagg'd
                 me
              
               *
               ,
               striving
               to
               get
               hold
               of
               
                 my
                 tongue
              
               ,
               having
               a
               Gag
               ready
               in
               his
               hand
               for
               that
               purpose
               ,
               and
               so
               we
               were
               served
               several
               times
               ;
               Then
               I
               called
               out
               with
               a
               loud
               voice
               ,
               
                 Will
                 you
                 condemn
                 us
                 without
                 hearing
                 ?
                 This
                 is
                 to
                 deal
                 worse
                 with
                 us
                 than
              
               Pilate
               
                 did
                 with
              
               Christ
               ,
               
                 who
                 though
                 he
                 condemned
                 him
              
               without
               a
               cause
               ,
               
                 yet
                 not
              
               without
               hearing
               
                 him
                 speak
                 for
                 himself
                 ;
                 but
                 you
                 deny
                 us
                 both
                 .
              
            
          
           
             
               Judg.
               
            
             
               
                 Let
                 Mr.
              
               Grey
               
                 come
                 to
                 the
                 Bar
              
               (
               room
               being
               made
               )
               he
               was
               conveyed
               by
               an
               Officer
               to
               the
               
                 inner
                 Bar
              
               ,
               where
               he
               spake
               to
               the
               Court
               on
               this
               purpose
               :
               
                 I
                 desire
                 to
                 know
                 whether
                 according
                 to
                 Law
                 and
                 the
                 practice
                 of
                 this
                 Court
                 ,
                 my self
                 and
                 my
                 fellow-Prisoners
                 ,
                 may
                 have
                 liberty
                 to
                 put
                 in
                 Bail
                 to
                 prosecute
                 our
                 Traverse
                 at
                 the
                 next
                 Sessions
                 ?
              
            
          
           
             
               Court.
               
            
             
               No
               ,
               we
               will
               try
               you
               presently
               .
            
          
           
             
               Judg.
               
            
             
               
                 Stop
                 their
                 mouths
              
               Executioner
               :
               and
               this
               was
               the
               cry
               of
               many
               upon
               the
               Bench
               ,
               they
               being
               still
               in
               a
               
                 continued
                 confusion
              
               ,
               some
               crying
               to
               the
               Jury
               ,
               
                 Give
                 in
                 your
                 Verdict
                 ,
                 for
                 we
                 will
                 not
                 hear
                 them
                 ,
              
               with
               other
               words
               which
               could
               not
               be
               heard
               for
               the
               noise
               ,
               the
               Court
               being
               in
               confusion
               .
            
          
           
             
               I.
               C.
               
            
             
               You
               might
               as
               well
               have
               caused
               us
               to
               have
               been
               murdered
               before
               we
               came
               hither
               ,
               as
               to
               bring
               us
               hither
               under
               pretence
               to
               
                 try
                 us
              
               ,
               and
               not
               give
               us
               leave
               to
               make
               
                 our
                 Defence
              
               ;
               you
               had
               as
               good
               take
               away
               our
               Lives
               at
               the
               Bar
               ,
               as
               to
               command
               us
               thus
               to
               be
               abused
               ,
               and
               
               to
               have
               
                 our
                 mouths
                 stopt
              
               :
               Was
               ever
               the
               
                 like
                 known
              
               ?
               let
               the
               
                 Righteous
                 God
              
               judge
               between
               us
               .
               Will
               you
               hear
               me
               ?
               you
               have
               often
               promised
               that
               you
               would
               .
            
          
           
             
               Judg.
               
            
             
               
                 Hear
                 me
                 ,
                 and
                 we
                 will
                 hear
                 you
              
               ;
               then
               he
               began
               to
               speak
               ,
               and
               some
               others
               of
               the
               Bench
               interrupted
               him
               ,
               sometimes
               they
               speaking
               two
               or
               
                 three
                 at
                 a
                 time
              
               ,
               and
               a
               noise
               amongst
               the
               Officers
               of
               the
               Court
               :
               but
               the
               Judge
               said
               ,
               
                 We
                 may
                 give
                 you
                 liberty
                 till
                 the
                 next
                 Sessions
                 ,
                 but
                 we
                 may
                 chuse
                 ;
                 and
                 therefore
                 we
                 will
                 try
                 you
                 now
                 .
              
            
          
           
             
               I.
               C.
               
            
             
               I
               bade
               the
               People
               take
               notice
               of
               their
               Promise
               
                 that
                 I
                 should
                 have
                 liberty
                 to
                 speak
                 ,
              
               saying
               ,
               see
               now
               you
               be
               as
               good
               as
               your
               words
               .
            
          
           
             
               Judg.
               
            
             
               
                 The
                 Law
                 of
              
               England
               
                 is
                 not
                 only
              
               just
               but
               merciful
               ,
               
                 and
                 therefore
                 you
                 shall
                 not
                 be
              
               surprized
               ,
               
                 but
                 shall
                 have
                 what
              
               Justice
               
                 the
                 Law
                 allows
              
               —
               Interruption
               .
            
          
           
             
               I.
               C.
               
            
             
               I
               remember
               what
               the
               Judge
               said
               even
               now
               ,
               
                 that
                 the
                 Law
                 of
              
               England
               
                 was
                 a
                 MERCIFUL
                 Law
              
               ,
               that
               the
               Court
               had
               said
               before
               ,
               
                 they
                 might
                 ,
                 if
                 they
                 would
                 ,
                 give
                 us
                 liberty
                 till
                 the
                 next
                 Sessions
                 ,
                 but
                 they
                 would
                 not
              
               ;
               and
               the
               Maxime
               of
               the
               Law
               also
               is
               ,
               
                 Summun
                 Jus
                 ,
                 est
                 summa
                 Injuria
                 ,
              
               therefore
               I
               hope
               your
               practice
               will
               make
               it
               good
               ,
               that
               it
               is
               
                 a
                 Merciful
                 Law
              
               ,
               and
               not
               to
               execute
               
                 summum
                 jus
                 ,
                 &c.
              
               upon
               me
               ,
               and
               thereby
               condemn
               your selves
               out
               of
               your
               own
               mouths
               .
            
          
           
             
               Judg.
               
            
             
               
                 Jury
                 ,
                 give
                 in
                 your
                 Verdict
                 .
              
            
          
           
             
               I.
               C.
               
            
             
               Let
               me
               have
               liberty
               first
               to
               speak
               ,
               it
               is
               but
               few
               words
               ,
               and
               I
               hope
               I
               shall
               do
               it
               with
               what
               brevity
               and
               pertinency
               my
               understanding
               will
               give
               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
               it self
               ,
               it
               was
               made
               
                 against
                 the
                 Papists
              
               ,
               occasioned
               by
               the
               Gunpowder-Plot
               ;
               and
               is
               entituled
               ,
               
                 For
                 the
                 better
                 discovery
                 and
                 suppressing
                 of
                 Popish
                 Recusants
                 :
              
               but
               they
               have
               liberty
               ,
               and
               we
               are
               destroyed
               ,
               what
               in
               you
               lyes
               —
               (
               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
               .
            
          
           
             
               Judg.
               
            
             
               
                 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
               .
            
          
           
             
               Judg.
               
            
             
               
                 Cryer
                 ,
                 make
                 Silence
                 in
                 the
                 Court
              
               ;
               then
               the
               Recorder
               taking
               a
               Paper
               into
               his
               hand
               ,
               read
               to
               this
               purpose
               ,
               
                 viz.
                 The
                 Jury
                 for
                 the
                 King
                 do
                 find
                 that
              
               John
               Crook
               ,
               John
               Bolton
               ,
               and
               Isaac
               Grey
               
                 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
              
               .
            
          
           
             
               I.
               C.
               
            
             
               But
               we
               are
               still
               under
               
                 God's
                 Protection
              
               .
            
          
           
             
               Record
               .
            
             
               
                 Adjourn
                 the
                 Court
              
               ;
               which
               was
               done
               accordingly
               ,
               and
               we
               remanded
               to
               Newgate
               ,
               where
               we
               
                 remain
                 Prisoners
              
               .
            
          
           
             
               
                 
                   
                     Now
                     follows
                     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
                     quasht
                     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
                     stopt
                     our
                     mouthes
                     ,
                     as
                     before
                     is
                     said
                     ,
                     by
                     the
                     hands
                     of
                     the
                     Executioner
                     ,
                     to
                     prevent
                     what
                     otherwise
                     (
                     as
                     the
                     Judge
                     said
                     )
                     might
                     have
                     come
                     to
                     pass
                     ,
                     viz.
                     by
                     having
                     liberty
                     to
                     make
                     our
                     Defence
                     ,
                     by
                     that
                     means
                     we
                     should
                     make
                     our selves
                     famous
                     ,
                     and
                     them
                     odious
                     .
                  
                   
                     
                       JUr
                       .
                       pro
                       Dno
                       .
                       Rege
                       super
                       sacru
                       .
                       suu
                       .
                       presentant
                       qd
                       .
                       Ad.
                       General
                       .
                    
                     
                     
                       Quarteral
                       .
                       Session
                       .
                       Pacis
                       Dni
                       .
                       Regis
                       tent
                       .
                       pro
                       Civitat
                       .
                    
                     London
                     
                       apud
                       Guihald
                       .
                       ejusdem
                       Civitat
                       .
                       die
                       Mercurij
                       scilt
                       .
                       vicessimo
                       quinto
                       die
                       Junij
                       Anno
                       Regni
                       Dni
                       .
                       n'ri
                       .
                    
                     Caroli
                     
                       sc'di
                       Dei
                       gra
                    
                     .
                     Angliae
                     ,
                     Scot
                     '
                     Franc
                     '
                     &
                     Hiberniae
                     
                       Regis
                       Fidei
                       defensor
                       .
                       &c.
                       quarto
                       decimo
                       ,
                       coram
                    
                     Joh.
                     Frederick
                     
                       Milite
                       Majore
                       Civitat
                    
                     .
                     London
                     .
                     Thoma
                     Adams
                     
                       Milite
                       &
                       Baronet
                    
                     ,
                     Rico
                     '
                     Browne
                     
                       Milite
                       &
                       Baronet
                       ,
                       &
                    
                     Thoma
                     Aleyn
                     
                       Milite
                       &
                       Baronet
                       ,
                       Aldr'is
                       d'
                       ce
                       Civitat
                       .
                       ac
                       al.
                       Sociis
                       suis
                       Justic
                       .
                       dci
                       .
                       d'ni
                       Regis
                       ad
                       Pacem
                       in
                       Civitat
                       .
                       pred
                       .
                       conservand
                       .
                       Necnon
                       ad
                       diver's
                       felon
                       .
                       transgr
                       .
                       &
                       al.
                       malef'ca
                       infra
                       eandem
                       Civitat
                       .
                       perpetrat
                       audiend
                       .
                       &
                       terminand
                       .
                       assign
                       .
                       Sessio
                       .
                       ista
                       pacis
                       adjornat
                       .
                       fuit
                       per
                       prefat
                       .
                       Justic
                       .
                       dc'i
                       d'ni
                       Regis
                       ib'm
                       usque
                       diem
                       Jovis
                       scilt
                       .
                       vicessim
                       .
                       sext
                       .
                       diem
                       ejusdem
                       mensis
                    
                     Junij
                     
                       anno
                       supradicto
                       ad
                       horam
                       septimam
                       ante
                       merid
                       .
                       ejusdem
                       dici
                       apud
                       Justicehall
                       in
                       le
                    
                     Old
                     Bailey
                     
                       in
                       Paroch
                       .
                       sci
                    
                     .
                     Sepulchri
                     
                       in
                       Warda
                       de
                    
                     Farringdon
                     extra
                     London
                     
                       pred
                       ▪
                       tenend
                       .
                       coram
                       prefat
                       .
                       Justic
                       .
                       &
                       al.
                       Sociis
                       suis
                       ad
                       faciend
                       .
                       ulterius
                       prout
                       Cur.
                       Con.
                       &c.
                       
                       Ac
                    
                     
                     
                       ad
                       eundem
                       diem
                       Jovis
                       vicessimum
                       sextum
                       diem
                    
                     Junii
                     
                       Anno
                       quarto
                       decimo
                       supradicto
                       General
                       .
                       Quarterial
                       .
                       Sessio
                       ista
                       pacis
                       tent
                       .
                       fuit
                       pro
                       Civitat
                       .
                    
                     London
                     
                       pred
                       .
                       per
                       adjornament
                       pred
                       .
                       apud
                       Justicehall
                       pred
                       .
                       in
                       Paroch
                       &
                       Ward
                       pred
                       .
                       coram
                       praefat
                    
                     Johe
                     .
                     Frederick
                     
                       Milite
                       Majore
                       Civitat
                    
                     .
                     London
                     ,
                     Thoma
                     Adams
                     
                       Milite
                       &
                       Baronet
                    
                     ,
                     Ricardo
                     Browne
                     
                       Milite
                       &
                       Baronet
                       ,
                       &
                    
                     Thoma
                     Aleyn
                     
                       Milite
                       &
                       Baronet
                       ,
                       Aldr'is
                       d'
                       ce
                       Civitat
                       .
                       ac
                    
                     Willo
                     Wilde
                     
                       Milite
                       &
                       Baronet
                       ,
                       uno
                       Servien
                       .
                       dc'i
                       .
                       dni
                       Regis
                       ad
                       Legem
                       ac
                       Recordator
                       .
                       Civitat
                       .
                       pred
                       .
                       Ac
                       al.
                       Sociis
                       suis
                       Justic
                       .
                       d'ci
                       D'ni
                       Regis
                       ad
                       Pacem
                       in
                       Civitat
                       .
                       pred
                       .
                       conservand
                       .
                       Necnon
                       ad
                       divers
                       .
                       felon
                       .
                       transgr
                       .
                       et
                       al.
                       malefa
                       .
                       infra
                       eandem
                       Civitat
                       .
                       perpetrat
                       .
                       audiend
                       .
                       &
                       terminand
                       assign
                       .
                       Ac
                       adtunc
                       &
                       ibm
                       .
                       praed
                       .
                       General
                       .
                       Quarterial
                       .
                       Sessio
                       Pacis
                       pred
                       .
                       ulterius
                       adjornat
                       .
                       fuit
                       per
                       prefat
                       .
                       Justic
                       .
                       usque
                       diem
                       Veneris
                       scilt
                       .
                       vicessim
                       .
                       septim
                       .
                       diem
                       dci
                       .
                       mensis
                    
                     Junii
                     
                       Anno
                       quarto
                       decimo
                       supradicto
                       ,
                       ad
                       horam
                       septimam
                       ante
                       merid
                       .
                       ejusdem
                       diei
                       apud
                       Justicehall
                       pred
                       .
                       in
                       Parochia
                       &
                       Warda
                       praed
                       .
                       tenend
                       .
                       coram
                       praefat
                       .
                       Justic
                       .
                       &
                       al.
                       Sociis
                       suis
                       ad
                       faciend
                       .
                       ulterius
                       prout
                       Cur.
                       Con.
                       Ac
                       superinde
                       ad
                       istant
                       eandem
                       General
                       .
                       Quarteral
                       .
                       Session
                       .
                       Pacis
                       tent
                       .
                       pro
                       Civitat
                       .
                    
                     London
                     .
                     
                       per
                       Adjornament
                       praed
                       .
                       apud
                       Justice-hall
                       praed
                       .
                       in
                       Paroch
                       .
                       &
                       Warda
                       praed
                       .
                       dco
                       die
                       Veneris
                       vicessimo
                       septimo
                       die
                    
                     Junii
                     
                       Anno
                       quarto
                       decimo
                       supradicto
                       ,
                       coram
                       praefat
                       .
                    
                     Johe
                     .
                     Frederick
                     
                       Milite
                       Majore
                       Civitat
                    
                     .
                     London
                     '
                     Thoma
                     Adams
                     
                       Milite
                       &
                       Baronet
                    
                     ,
                     Rico.
                     Brown
                     
                       Milite
                       &
                       Baronet
                    
                     ,
                     a
                     Rico.
                     Chiverton
                     Armigero
                     ,
                     &
                     Thoma
                     Aleyn
                     
                       Milite
                       &
                       Baronet
                       ,
                       Aldr'is
                       d'
                       ce
                       Civitat
                       .
                       Ac
                    
                     Willo
                     Wilde
                     
                       Milite
                       &
                       Baronet
                       .
                       uno
                       Servien
                       .
                       dci
                       '
                       D'ni
                       Regis
                       ad
                       Legem
                       ac
                       Recordator
                       .
                       ejusdem
                       Civitat
                       .
                       ac
                       al
                       Sociis
                       suis
                       Justic
                       .
                       d'ci
                       D'ni
                       Regis
                       ad
                       Pacem
                       in
                       Civitat
                       .
                       praed
                       .
                       conservand
                       .
                       Necnon
                       ad
                       divers
                       .
                       felon
                       .
                       transgr
                       .
                       &
                       al
                       malef'ca
                       infra
                       eand
                       .
                       Civitat
                       .
                       perpetrat
                       .
                       audiend
                       .
                       &
                       terminand
                       .
                       assign
                       .
                       in
                       aperta
                       General
                       .
                       Quarterial
                       .
                       Session
                       .
                       praed
                       .
                       praefat
                       .
                       Justiciar
                       .
                       Pacis
                       ,
                       ult
                       .
                       noiat
                       .
                       existentes
                       major
                       pars
                       Justic
                       .
                       Pacis
                       ipsius
                       D'ni
                       Regis
                       infra
                       d'cam
                       Civitat
                       .
                    
                     London
                     '
                     
                       ad
                       tunc
                       scilt
                       .
                       dco
                       .
                       vicessimo
                       septimo
                       die
                    
                     Junii
                     
                       Anno
                       quarto
                       decimo
                       supradco
                       apud
                       dcam
                       Paroch
                       .
                       Sci.
                    
                     Sepulchri
                     
                       in
                       Warda
                       de
                    
                     Farringdon
                     extra
                     London
                     .
                     
                       praed
                       .
                       presen
                       .
                       existend
                       .
                       obtuler
                       .
                       Anglie
                       die
                       tender
                    
                     Johi
                     Crooke
                     
                       nuper
                       de
                    
                     London
                     Generoso
                     ,
                     Johi
                     Bolton
                     
                       nuper
                       de
                    
                     London
                     
                       Aurifabro
                       ,
                       &
                    
                     Isaac
                     .
                     Gray
                     
                       nuper
                       de
                    
                     London
                     .
                     
                       Generoso
                       &
                       eor
                       .
                       cuilibt
                       seperatim
                       per
                       se
                       (
                       ad
                       tunc
                       existen
                       .
                       &
                    
                     cuilibt
                     .
                     
                       eor
                       .
                       existen
                       .
                       ultra
                       etat
                       .
                       octodecim
                       .
                       Annor
                       .
                    
                     *
                     )
                     
                       Jurament
                       .
                       content
                       .
                       in
                       quodam
                    
                     
                     
                       Actu
                       in
                       Parliament
                       .
                       Dni
                    
                     .
                     Jacobi
                     
                       nuper
                       Regis
                    
                     Angliae
                     
                       tent
                       .
                       per
                    
                     Prorogationem
                     t
                     :
                     apud
                     Westm
                     .
                     
                       in
                       Com.
                    
                     Middles
                     .
                     
                       quinto
                       die
                    
                     Novembris
                     
                       Anno.
                       Regni
                       sui
                    
                     Angliae
                     ,
                     Franc.
                     et
                     Hiberniae
                     
                       tertio
                       ,
                       et
                    
                     Scotiae
                     
                       tricesimo
                       nono
                       nuper
                       edit
                       .
                       et
                       pro
                       vis
                       in
                       hijs
                       Anglicanis
                       verbis
                       sequen
                       .
                       viz.
                    
                     I
                     *
                     do
                     truly
                     and
                     sincerely
                     acknowledge
                     ,
                     profess
                     ,
                     testifie
                     and
                     declare
                     in
                     my
                     conscience
                     before
                     God
                     and
                     the
                     world
                     ,
                     that
                     our
                     sovereign
                     Lord
                     King
                     
                       Charles
                       the
                       second
                    
                     †
                     is
                     lawful
                     and
                     rightfull
                     King
                     of
                     this
                     Realm
                     ,
                     and
                     of
                     all
                     other
                     his
                     Majesties
                     Dominions
                     and
                     Countries
                     ;
                     And
                     that
                     the
                     Pope
                     ,
                     neither
                     of
                     himself
                     ,
                     nor
                     by
                     any
                     Authority
                     of
                     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
                       .
                    
                     s
                     
                       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
               at
               that
               time
               ,
               expecting
               they
               would
               have
               given
               him
               liberty
               until
               the
               next
               Sessions
               ,
               and
               therefore
               had
               no
               thoughts
               of
               speaking
               to
               these
               things
               when
               he
               was
               called
               to
               the
               Bar
               ;
               but
               the
               Court
               denyed
               him
               liberty
               ,
               yet
               he
               began
               to
               speak
               as
               followeth
               ,
               but
               was
               interrupted
               .
            
          
           
             AS
             to
             Law
             in
             this
             Case
             ,
             for
             which
             I
             am
             called
             to
             your
             Bar
             ,
             many
             things
             might
             be
             said
             ,
             as
             first
             to
             the
             Statutes
             themselves
             that
             require
             the
             Oath
             .
          
           
             For
             the
             3d
             Jacob.
             4.
             the
             ground
             or
             cause
             of
             the
             making
             that
             Law
             was
             the
             Gunpowder-Plot
             ,
             as
             is
             manifest
             in
             the
             preamble
             of
             the
             said
             Act
             ,
             in
             which
             the
             Papists
             only
             were
             the
             persons
             concerned
             ,
             and
             therefore
             the
             Title
             of
             the
             Act
             is
             called
             ,
             
               An
               Act
               for
               the
               discovering
               and
               repressing
               of
               Popish
               Recusants
               :
            
             Observe
             ,
             not
             
               Popish
               Recusants
            
             and
             others
             ,
             but
             only
             
               Popish
               Recusants
            
             ;
             the
             Parliament
             intending
             them
             and
             
               no
               others
            
             when
             that
             Law
             was
             made
             ,
             as
             appears
             further
             by
             these
             words
             in
             the
             Preamble
             of
             the
             7.
             
             Jacobi
             ,
             viz.
             
               beseeching
               your
               Majesty
               ,
               that
               the
               same
               Oath
               may
               be
               administred
               to
               all
               your
               Subjects
               .
            
             (
             Mark
             )
             By
             these
             words
             ,
             
               to
               all
               your
               Subjects
            
             ,
             implyed
             ,
             that
             the
             3.
             
             Jacobi
             was
             to
             be
             restrained
             only
             to
             the
             
               Popish
               Recusants
            
             ,
             otherwise
             these
             words
             ,
             
               to
               all
               ,
               &c.
            
             need
             not
             have
             been
             here
             inserted
             ;
             and
             this
             may
             be
             further
             manifest
             unto
             him
             that
             will
             take
             the
             pains
             to
             reade
             the
             Preamble
             to
             the
             Act
             ,
             and
             also
             the
             Oath
             it self
             :
             The
             Preamble
             saith
             ,
             
               Forasmuch
               as
               it
               is
               found
               by
               daily
               experience
               that
               many
               of
               his
               Majesties
               Subjects
            
             
             
               that
               adhere
               in
               their
               hearts
               to
               the
               Popish
               Religion
               ,
               by
               the
               infection
               drawn
               from
               thence
               ,
               and
               by
               the
               wicked
               and
               devilish
               Counsel
               of
               Jesuites
               ,
               Seminaries
               ,
               and
               other
               like
               persons
               ,
               dangerous
               to
               the
               Church
               and
               State
               ,
               are
               so
               far
               perverted
               in
               the
               point
               of
               their
               Loyalty
               and
               due
               Allegiance
               unto
               the
               Kings
               Majesty
               and
               Crown
               of
            
             England
             ,
             
               as
               they
               are
               ready
               to
               entertain
               and
               execute
               any
               treasonable
               Conspiracies
               and
               Practices
               ,
               as
               evidently
               appears
               by
               that
               more
               than
               barbarous
               and
               horrible
               attempt
               to
               have
               blown
               up
               with
               Gunpowder
               the
               King
               ,
               Queen
               and
               Prince
               ,
               Lords
               and
               Commons
               in
               the
               house
               of
               Parliament
               assembled
               ,
               tending
               to
               the
               utter
               subversion
               of
               the
               whole
               State
               ,
               Lately
               undertaken
               by
               the
               instigation
               of
               Jesuites
               and
               Seminaries
               ,
               and
               in
               advancement
               of
               their
               Religion
               ,
               by
               their
               Scholars
               ,
               taught
               and
               instructed
               by
               them
               to
               that
               purpose
               ,
               &c.
               
            
             These
             be
             the
             words
             of
             the
             Preamble
             ,
             by
             which
             may
             be
             seen
             for
             whom
             this
             Law
             was
             made
             ,
             and
             the
             Oath
             it self
             manifests
             no
             less
             ,
             as
             may
             be
             seen
             in
             the
             Recital
             of
             it
             in
             the
             Indictment
             aforesaid
             ;
             for
             the
             substance
             of
             it
             is
             to
             
               renounce
               the
               Pope
            
             and
             Papacy
             ,
             and
             was
             made
             on
             purpose
             to
             find
             out
             those
             that
             were
             
               that
               way
               affected
            
             ,
             and
             for
             
               no
               other
            
             end
             .
          
           
             And
             whereas
             it
             is
             said
             ,
             the
             words
             are
             general
             towards
             the
             end
             of
             the
             Act
             ,
             viz.
             
               And
               if
               the
               said
               person
               or
               persons
               ,
               or
               any
               other
               person
               whatsoever
               ,
               &c.
               
            
             Observe
             ,
             that
             these
             general
             words
             ought
             to
             be
             restrained
             to
             the
             persons
             intended
             in
             the
             Act
             ,
             and
             signified
             both
             by
             the
             Title
             ,
             and
             in
             the
             Preamble
             thereof
             ,
             as
             aforesaid
             .
             The
             Title
             saith
             ,
             
               For
               the
               discovering
               and
               repressing
               of
               Popish
               Recusants
            
             ;
             that
             general
             words
             may
             be
             so
             restrained
             in
             a
             Statute
             ,
             hath
             been
             adjudged
             ,
             as
             may
             be
             seen
             in
             the
             4th
             Book
             of
             
               Cook
               's
               Institutes
            
             ,
             in
             his
             Treatise
             upon
             the
             
               High
               Commission
            
             ,
             the
             Question
             stated
             by
             him
             ,
             is
             ,
             
               Whether
               General
               words
               in
               an
               Ast
               of
               Parliament
               do
               include
               all
               Particulars
               ,
               and
               so
               exclude
               all
               Interpretations
               ?
            
             His
             Answer
             is
             ,
             
               That
               divers
               Acts
               of
               Parliament
               which
               are
               General
               in
               words
               ,
               have
               upon
               consideration
               ,
            
             &c.
             
               received
               a
               Particular
               Interpretation
            
             ,
             as
             appears
             ,
             1.
             
             Hen.
             fol.
             12
             ,
             13.
             by
             Authority
             of
             Parliament
             all
             Preheminences
             ,
             Prerogatives
             ,
             Franchises
             and
             Liberties
             ,
             were
             given
             by
             H.
             7.
             intailed
             generally
             without
             limitation
             or
             saving
             ,
             and
             the
             Question
             was
             ,
             
               Whether
               the
               Franchises
               and
               Liberties
               of
               Lords
               and
               other
               inferior
               Subjects
               were
               given
               ?
            
             and
             it
             was
             resolved
             by
             all
             the
             Judges
             ,
             
               that
               they
               were
               not
               ,
               notwithstanding
               the
               general
               words
               ,
            
             for
             the
             reasons
             expressed
             in
             the
             said
             Book
             .
             So
             that
             here
             is
             one
             Case
             wherein
             words
             generally
             mentioned
             in
             an
             Act
             of
             Parliament
             have
             been
             particularly
             understood
             and
             restrained
             to
             the
             persons
             intended
             in
             the
             said
             Act.
             
          
           
             Again
             ,
             Cook
             saith
             ,
             that
             
               Preambles
               are
               the
               Keys
               to
               open
               the
               meaning
            
             
             
               of
               the
               Makers
               of
               the
               Act
               ,
               and
               mischiefs
               which
               they
               intended
               to
               remedy
            
             ;
             and
             the
             Judges
             of
             the
             Law
             have
             ever
             expounded
             Acts
             generally
             ,
             in
             words
             to
             be
             particular
             ,
             where
             the
             intent
             hath
             been
             particular
             :
             which
             are
             the
             words
             of
             the
             Book
             .
             And
             therefore
             upon
             that
             Rule
             it
             is
             they
             are
             adjudged
             ,
             that
             where
             the
             Statute
             of
             the
             7th
             Ed.
             6.
             1.
             is
             general
             ,
             viz.
             
               That
               if
               any
               Treasurer
               ,
               Receiver
               ,
               or
               Minister
               ,
               Accomptant
               ,
            
             &c.
             it
             was
             adjudged
             (
             notwithstanding
             the
             generality
             of
             the
             words
             )
             that
             this
             doth
             not
             extend
             to
             the
             Receiver
             of
             common
             persons
             ;
             for
             the
             reasons
             given
             in
             the
             said
             Book
             ,
             the
             Judges
             restrained
             the
             generality
             to
             a
             particular
             ,
             viz.
             the
             
               King's
               Receiver
            
             only
             ;
             because
             the
             intent
             of
             the
             Makers
             of
             the
             Act
             was
             to
             punish
             only
             the
             Ministers
             ,
             or
             Receivers
             of
             the
             King
             ,
             and
             that
             because
             of
             the
             Stile
             or
             Title
             to
             the
             said
             Act
             ;
             all
             which
             may
             be
             much
             more
             urged
             in
             the
             Case
             in
             hand
             ,
             because
             the
             Title
             is
             so
             plain
             ,
             viz.
             
               For
               the
               discovering
               and
               repressing
               of
               Popish
               Recusants
               ,
            
             &c.
             and
             the
             Preamble
             also
             shewing
             it
             to
             be
             made
             upon
             occasion
             of
             the
             
               Gunpowder
               Plot
            
             ,
             &c.
             
             And
             therefore
             for
             these
             ,
             with
             divers
             other
             reasons
             that
             might
             be
             mentioned
             ,
             those
             general
             words
             before-mentioned
             (
             by
             which
             we
             were
             judged
             to
             incur
             a
             Premunire
             )
             ought
             to
             be
             restrained
             to
             
               Popish
               Recusants
            
             ,
             and
             particularly
             interpreted
             concerning
             them
             ,
             and
             not
             to
             make
             the
             Law
             a
             snare
             to
             those
             who
             do
             from
             their
             hearts
             ,
             and
             with
             their
             tongues
             also
             
               deny
               the
               Pope
            
             ,
             with
             all
             alliances
             to
             ,
             and
             dependences
             upon
             him
             ,
             and
             that
             both
             as
             to
             
               his
               Principles
            
             and
             Practices
             ;
             now
             to
             make
             these
             persons
             offenders
             ,
             only
             because
             of
             those
             general
             words
             ,
             they
             refusing
             to
             swear
             ,
             because
             they
             fear
             an
             Oath
             ,
             but
             readily
             and
             willingly
             afford
             and
             yeeld
             all
             due
             and
             
               just
               obedience
            
             ,
             and
             abhor
             from
             their
             souls
             whatever
             is
             contrary
             either
             in
             principle
             or
             practice
             ;
             These
             Persons
             without
             doubt
             were
             never
             intended
             by
             the
             Parliament
             to
             be
             forced
             to
             take
             that
             Oath
             ,
             they
             refusing
             in
             conscience
             to
             an
             Oath
             ,
             and
             not
             because
             
               due
               subjection
            
             is
             required
             ;
             Therefore
             those
             that
             punish
             them
             for
             such
             their
             refusal
             ,
             have
             the
             greater
             sin
             ,
             for
             which
             the
             Righteous
             God
             will
             call
             them
             to
             account
             .
             I
             shall
             conclude
             this
             with
             a
             general
             Rule
             allowed
             by
             all
             ,
             in
             construction
             of
             Statutes
             ,
             
               Quamvis
               Lex
               generaliter
               loquitur
               restringenda
               tamen
               est
               ,
               ut
               cessante
               ratione
               et
               ipse
               cesset
               ,
               cum
               enim
               ratio
               sit
               anima
               vigorque
               ipsius
               Legis
               ;
               non
               videtur
               Legislator
               id
               sensisse
               quod
               ratione
               careat
               ,
               etiamsi
               verborum
               generalitas
               prima
               facie
               aliter
               suadeat
               :
            
             in
             English
             thus
             ,
             Though
             the
             Law
             may
             speak
             generally
             ,
             yet
             it
             is
             to
             be
             restrained
             ;
             because
             Reason
             ceasing
             ,
             the
             Law
             it self
             ceaseth
             ;
             for
             Reason
             is
             the
             strength
             and
             soul
             of
             the
             Law
             it self
             :
             and
             therefore
             it
             may
             not
             be
             thought
             that
             the
             Law-makers
             had
             any
             such
             intention
             when
             the
             
             reason
             is
             wanting
             ,
             though
             the
             general
             words
             at
             their
             first
             view
             may
             seem
             otherwise
             :
             for
             the
             Maxime
             is
             ,
             
               That
               the
               Reason
               of
               the
               Law
               is
               the
               Law
               it self
               .
            
          
           
             Now
             followeth
             some
             Exceptions
             against
             the
             Statute
             made
             in
             the
             7
             Iacobi
             6.
             which
             requires
             the
             taking
             of
             the
             said
             Oath
             ,
             &c
             ,
          
           
             First
             ,
             the
             Title
             is
             to
             be
             considered
             ,
             which
             is
             ,
             
               Who
               shall
               take
               the
               Oath
               of
               Obedience
               ,
               and
               by
               whom
               it
               shall
               be
               ministred
               ,
               and
               within
               what
               time
               .
            
             Note
             ,
             that
             it
             is
             not
             said
             
               to
               the
               King
               and
               his
               Successors
               ,
            
             but
             only
             
               to
               the
               King.
            
             And
             it
             appears
             by
             the
             Preamble
             also
             ,
             that
             this
             Act
             was
             made
             to
             enlarge
             the
             persons
             that
             were
             to
             take
             the
             Oath
             ,
             
               being
               all
               the
               Subjects
               ,
               of
               what
               estates
               ,
               dignity
               ,
               preheminence
               ,
               sex
               ,
               quality
               ,
               or
               degree
               soever
               ,
               he
               ,
               she
               ,
               or
               they
               be
               ,
               or
               shall
               be
               ,
               above
               the
               age
               of
               eighteen
               years
               ,
            
             &c.
             the
             former
             Act
             of
             the
             3
             Iacobi
             appertaining
             only
             to
             
               Popish
               Recusants
            
             ,
             as
             before
             is
             said
             .
             Again
             ,
             Note
             ,
             that
             in
             the
             Title
             aforesaid
             it
             is
             said
             ,
             
               And
               within
               what
               time
               it
               shall
               be
               taken
               ,
            
             which
             time
             seems
             to
             be
             particularly
             set
             down
             ,
             within
             which
             all
             sorts
             of
             persons
             w●●e
             to
             take
             it
             ,
             as
             appears
             in
             these
             words
             towards
             the
             end
             of
             the
             said
             Act
             ;
             
               And
               to
               the
               intent
               that
               due
               execution
               may
               be
               had
               of
               the
               premises
               without
               delay
               ,
               it
               is
               further
               enacted
               by
               the
               Authority
               aforesaid
               ,
               That
               all
               the
               persons
               before
               named
               ,
               who
               have
               any
               certain
               time
               limited
               or
               expressed
               when
               to
               take
               the
               aforesaid
               Oath
               ,
               shall
               at
               the
               time
               therein
               prescribed
               take
               the
               same
               ,
               And
               the
               rest
               within
               six
               months
               next
               after
               the
               end
               of
               this
               present
               Session
               of
               Parliament
               .
            
             Note
             ,
             here
             is
             a
             
               prefixed
               time
            
             for
             the
             several
             sorts
             of
             persons
             to
             take
             the
             said
             Oath
             ;
             
               And
               the
               rest
            
             (
             mark
             that
             )
             implying
             all
             others
             whatsoever
             ,
             
               to
               take
               it
               within
               six
               months
               next
               after
               the
               end
               of
               this
               present
               Session
               of
               Parliament
            
             ;
             but
             no
             Provision
             is
             made
             in
             the
             said
             Act
             either
             to
             minister
             it
             afterwards
             ,
             or
             to
             swear
             to
             any
             other
             besides
             King
             Iames
             (
             as
             it
             seems
             )
             and
             as
             by
             the
             Oath
             it self
             also
             appears
             ;
             for
             it
             is
             said
             ,
             
               the
               Oath
               was
               to
               be
               administred
               for
               the
               tryal
               of
               his
               Majesties
               Subjects
               how
               they
               stand
               affected
               ,
            
             &c.
             and
             not
             to
             the
             
               Subjects
               of
               his
               Majesty
               ,
               his
               Heirs
               and
               Successors
            
             ;
             because
             it
             may
             be
             supposed
             the
             Law-makers
             intented
             this
             Oath
             to
             be
             only
             sworn
             to
             
               King
               Iames
            
             ;
             for
             it
             is
             no
             where
             said
             in
             the
             Statute
             ,
             that
             those
             who
             have
             power
             to
             tender
             the
             Oath
             ,
             should
             swear
             all
             persons
             (
             that
             were
             to
             take
             it
             )
             to
             
               King
               Iames
            
             ,
             and
             afterwards
             to
             
               his
               Heirs
               and
               Successors
            
             ;
             for
             though
             
               Heirs
               and
               Successors
            
             are
             named
             in
             the
             Oath
             ,
             yet
             it
             is
             no
             where
             said
             that
             this
             Oath
             shall
             be
             inforced
             upon
             the
             Subjects
             to
             swear
             to
             any
             other
             King
             after
             his
             decease
             .
             By
             all
             which
             it
             may
             be
             thought
             that
             
               King
               Iames
            
             onely
             was
             to
             be
             sworn
             to
             by
             vertue
             of
             these
             Laws
             ;
             for
             although
             he
             that
             took
             that
             Oath
             ,
             was
             thereby
             obliged
             to
             
             perform
             it
             both
             to
             the
             
               King
               ,
               his
               Heirs
               and
               Successors
               ,
            
             yet
             it
             is
             no
             where
             expressed
             in
             either
             of
             the
             Acts
             ,
             that
             the
             persons
             then
             appointed
             to
             take
             the
             Oath
             (
             or
             others
             afterwards
             )
             should
             take
             the
             same
             to
             every
             of
             the
             
               Kings
               Heirs
               and
               Successors
            
             as
             they
             should
             come
             to
             the
             Crown
             .
             But
             notwithstanding
             all
             that
             hath
             been
             said
             ,
             if
             it
             should
             yet
             be
             admitted
             that
             it
             might
             be
             tendred
             on
             the
             behalf
             of
             his
             Successors
             after
             his
             decease
             ,
             yet
             these
             words
             are
             carefully
             to
             be
             observed
             by
             all
             who
             tender
             the
             said
             Oath
             ,
             viz.
             
               being
               duely
               tendered
               according
               to
               the
               true
               intent
               and
               meaning
               of
               the
               Statutes
            
             ;
             and
             the
             rather
             the
             Ministers
             of
             the
             Oath
             ought
             to
             be
             careful
             in
             observing
             all
             due
             circumstances
             ,
             as
             in
             the
             causing
             it
             to
             be
             read
             at
             the
             times
             of
             the
             respective
             tenders
             ,
             according
             to
             the
             directions
             of
             the
             Statutes
             (
             which
             was
             not
             done
             to
             us
             upon
             our
             Tryal
             ,
             some
             of
             us
             not
             having
             it
             read
             to
             us
             at
             all
             ,
             and
             others
             but
             part
             of
             it
             ,
             and
             that
             but
             once
             neither
             )
             and
             the
             more
             strictly
             ,
             because
             the
             penalty
             for
             refusing
             is
             so
             great
             as
             Premunire
             ,
             and
             those
             other
             words
             also
             are
             truly
             to
             be
             considered
             ,
             viz.
             
               according
               to
               the
               true
               intent
               and
               meaning
               hereof
               ,
            
             which
             cannot
             be
             supposed
             to
             be
             observed
             when
             it
             is
             tendred
             unto
             those
             who
             do
             yeeld
             all
             due
             obedience
             unto
             the
             King
             ,
             and
             also
             do
             deny
             the
             Pope
             his
             principles
             and
             practices
             as
             aforesaid
             ,
             and
             refuse
             it
             in
             conscience
             to
             an
             Oath
             ,
             these
             answering
             the
             substance
             of
             the
             Law
             (
             which
             requires
             obedience
             to
             the
             King
             )
             but
             cannot
             observe
             the
             ceremony
             or
             imposed
             formality
             thereof
             ,
             for
             conscience
             sake
             ;
             and
             in
             this
             Case
             this
             distinction
             is
             to
             be
             kept
             unto
             in
             this
             Law
             as
             well
             as
             others
             ,
             
               (
               viz.
               )
               Forma
               verbalis
               et
               forma
               Legalis
               ,
            
             which
             is
             essentialis
             or
             the
             substance
             of
             the
             Law
             or
             thing
             to
             be
             performed
             :
             for
             ,
             
               Lex
               non
               est
               insermonam
               foliis
               ,
               sed
               in
               radice
               rationis
               posita
               est
               ,
            
             (
             Englisht
             )
             The
             Law
             is
             not
             in
             the
             leaves
             of
             words
             ,
             but
             is
             placed
             in
             the
             root
             of
             Reason
             ;
             and
             if
             the
             distinction
             aforesaid
             had
             been
             observed
             ,
             the
             Oath
             could
             not
             in
             Justice
             have
             been
             tendred
             to
             us
             ,
             when
             the
             substance
             of
             the
             Law
             is
             answered
             ,
             though
             the
             particular
             words
             or
             formalities
             be
             not
             kept
             to
             ,
             yet
             it
             hath
             been
             adjudged
             a
             good
             observance
             ,
             as
             in
             Bufage's
             Case
             in
             the
             10th
             Book
             of
             Cook
             's
             Reports
             upon
             the
             Statute
             of
             Hen.
             6.
             23.
             giving
             power
             to
             the
             Sheriffs
             to
             take
             Bail
             ,
             &c.
             these
             three
             things
             were
             alledged
             against
             the
             Sheriff
             :
             1.
             
             In
             the
             Obligation
             ,
             the
             Law
             saith
             
               reasonable
               Sureties
            
             ,
             and
             the
             Sheriff
             took
             but
             one
             Surety
             .
             2.
             
             In
             the
             Condition
             ,
             the
             Sheriff
             put
             in
             ,
             that
             the
             Prisoner
             should
             appear
             in
             person
             ,
             and
             the
             Statute
             saith
             
               onely
               appear
            
             generally
             ,
             without
             the
             word
             person
             .
             3.
             
             
               Ad
               respondendum
            
             ,
             when
             the
             Statute
             saith
             only
             the
             day
             ,
             not
             naming
             to
             answer
             .
             Yet
             for
             all
             this
             the
             Obligation
             was
             judged
             good
             ,
             for
             the
             Reasons
             mentioned
             in
             the
             Book
             .
             And
             surely
             ,
             if
             these
             omissions
             and
             
             additions
             ,
             contrary
             to
             the
             express
             words
             of
             the
             Statute
             ,
             could
             be
             justly
             dispensed
             withal
             ,
             much
             more
             then
             in
             our
             Case
             ,
             might
             our
             refusal
             of
             a
             ceremony
             or
             imposed
             formality
             be
             born
             withall
             ,
             the
             substance
             being
             observed
             ,
             especially
             considering
             the
             disproportion
             of
             the
             penalties
             ;
             the
             former
             the
             losse
             of
             a
             small
             sum
             only
             ,
             but
             ours
             the
             losse
             of
             all
             outward
             Estates
             and
             Liberties
             also
             ,
             besides
             being
             put
             out
             of
             the
             King's
             Protection
             ,
             as
             our
             Sentence
             was
             :
             But
             we
             leave
             this
             matter
             to
             be
             judged
             by
             Him
             that
             judgeth
             righteously
             .
          
           
             More
             Presidents
             might
             be
             urged
             in
             this
             Case
             ,
             to
             manifest
             the
             hard
             measure
             we
             have
             met
             withall
             ,
             but
             I
             shall
             conclude
             with
             these
             few
             Instances
             following
             .
             Vide
             Sir
             
               Robert
               Cotton's
            
             Collections
             ,
             Records
             in
             the
             Tower
             ,
             39
             Hen.
             6.
             1.
             
             
               That
               an
               Oath
               being
               the
               Law
               of
               man
               ,
               ought
               not
               to
               be
               performed
               when
               the
               same
               tendeth
               to
               the
               suppression
               of
               Truth
               and
               Right
               ,
               which
               is
               against
               the
               Law
               of
               God
               :
            
             and
             the
             Statute
             of
             28
             Hen.
             8.
             7.
             saith
             ,
             
               That
               no
               man
               ,
               of
               what
               estate
               ,
               degree
               or
               condition
               soever
               he
               be
               ,
               hath
               power
               to
               dispense
               with
               God's
               Laws
               ,
               as
               all
               the
               Clergy
               of
               this
               Realm
               ,
               and
               the
               most
               part
               of
               the
               Vniversities
               of
               Christendom
               ,
               and
               we
               also
               do
               affirm
               and
               think
               :
            
             and
             the
             Common
             Law
             of
             England
             also
             saith
             no
             less
             ;
             Dr.
             &
             Stud.
             cap.
             3.
             pag.
             6.
             
             
               Man
               may
               only
               make
               Laws
               of
               such
               things
               as
               he
               may
               judge
               upon
               ,
               and
               the
               Judgment
               may
               not
               be
               of
               inward
               things
               ,
               but
               only
               of
               outward
               things
               :
            
             and
             the
             same
             Book
             also
             saith
             ,
             p.
             8.
             
             
               The
               Laws
               of
               Princes
               ,
               the
               Comments
               of
               Prelates
               ,
               the
               Statutes
               of
               Commonalties
               ,
               nor
               yet
               the
               Ordinances
               of
               the
               Church
               ,
               are
               not
               righteous
               nor
               obligatory
               ,
               except
               they
               be
               consonant
               to
               the
               Law
               of
               God.
            
             And
             cap.
             2.
             p.
             4.
             speaking
             of
             the
             Law
             written
             in
             the
             heart
             ,
             he
             saith
             ,
             
               Against
               this
               Law
               ,
               Prescription
               ,
               Statute
               ,
               Custom
               may
               not
               avail
               ,
               and
               if
               any
               be
               brought
               in
               against
               it
               ,
               they
               be
               void
               and
               against
               Justice
               .
            
             These
             things
             considered
             ,
             it
             is
             manifest
             to
             every
             unprejudiced
             mind
             ,
             that
             what
             ever
             can
             be
             said
             concerning
             the
             Statutes
             aforesaid
             (
             being
             but
             the
             Laws
             of
             men
             )
             they
             are
             void
             and
             null
             ,
             because
             contrary
             to
             the
             Law
             of
             Christ
             ,
             who
             saith
             ,
             
               Swear
               not
               at
               all
            
             ;
             And
             if
             
               banishing
               ,
               fining
            
             ,
             and
             imprisoning
             men
             for
             Conscience
             ,
             &c.
             were
             the
             
               flagellent
               methods
               of
               the
               late
               most
               tyrannous
               times
               ,
               who
               had
               neither
               Law
               nor
               Reason
               to
               support
               them
               ,
            
             (
             as
             the
             Bishop
             of
             Exon
             saith
             in
             his
             late
             Book
             against
             the
             Quakers
             )
             Then
             what
             are
             these
             dealings
             and
             prosecutions
             ,
             and
             Sentences
             against
             us
             and
             others
             ,
             only
             for
             
               Conscience
               sake
            
             ,
             because
             we
             
               fear
               an
               Oath
            
             (
             in
             obedience
             to
             our
             Lord
             ,
             who
             saith
             ,
             
               Swear
               not
               at
               all
            
             )
             and
             what
             these
             are
             to
             be
             accounted
             ,
             and
             what
             Law
             or
             Reason
             they
             have
             to
             support
             them
             ,
             I
             leave
             the
             wise
             in
             heart
             to
             judge
             ?
          
        
         
           
           
             
               Now
               followeth
               the
               point
               of
            
             Conscience
             
               that
               I
               desired
               to
               be
               heard
               to
               speak
               to
               .
            
          
           
             COnscience
             hath
             a
             voice
             ,
             and
             is
             worthy
             to
             be
             heard
             ,
             because
             ,
             according
             to
             its
             Evidence
             ,
             for
             ,
             or
             against
             ,
             shall
             every
             man
             receive
             his
             Sentence
             .
             That
             which
             it
             speaks
             concerning
             Swearing
             in
             my
             heart
             ,
             is
             according
             to
             Christ's
             Command
             ,
             Mat.
             5.
             34.
             who
             saith
             ,
             
               Swear
               not
               at
               all
            
             ;
             and
             the
             Example
             of
             the
             Apostle
             ,
             Jam.
             5.
             12
             ,
             who
             continued
             in
             the
             Doctrine
             of
             Christ
             ,
             and
             saith
             ,
             
               Above
               all
               things
               ,
               my
               Brethren
               ,
               swear
               not
               ,
               neither
               by
               Heaven
               ,
               nor
               Earth
               ,
               nor
               any
               other
               Oath
               ,
               lest
               ye
               fall
               into
               condemnation
               :
            
             He
             knew
             Christ's
             mind
             ,
             and
             therefore
             leaves
             out
             the
             word
             
               [
               communication
            
             ]
             implying
             ,
             that
             no
             kind
             of
             Oath
             upon
             any
             occasion
             is
             to
             be
             used
             among
             the
             Brethren
             and
             Disciples
             of
             Christ
             .
             And
             the
             Apostle
             
               Paul
               ,
               Rom.
            
             14.
             11.
             and
             Phil.
             2.
             11.
             referring
             to
             the
             Prophet's
             words
             ,
             Isa
             .
             45.
             23.
             where
             it
             's
             said
             ,
             
               Unto
               me
               every
               tongue
               shall
               swear
               ,
               &c.
            
             but
             the
             Apostle
             leaveth
             out
             the
             word
             
               [
               Swear
            
             ]
             as
             unsuitable
             to
             Gospel-times
             ,
             and
             inserts
             instead
             thereof
             the
             word
             
               [
               Confess
            
             ]
             saying
             ,
             
               Every
               tongue
               shall
               Confess
               to
               God
            
             ;
             as
             if
             that
             which
             might
             be
             sworn
             to
             in
             the
             time
             of
             the
             Law
             ,
             is
             now
             only
             to
             be
             confirmed
             by
             bare
             confession
             or
             negation
             ;
             and
             the
             reason
             is
             ,
             because
             Gospel-dayes
             are
             supposed
             to
             be
             attended
             with
             clearer
             Light
             ,
             and
             greater
             Power
             ,
             
               that
               our
               yea
               might
               be
               yea
               ,
               and
               our
               nay
               ,
               nay
               ,
               in
               all
               things
               ;
               for
            
             now
             
               whatsoever
               is
               more
               than
               these
               cometh
               of
               evil
               ,
            
             and
             savoureth
             of
             
               fleshly
               distrust
            
             ,
             as
             the
             Apostle
             phraseth
             it
             elsewhere
             ,
             2
             Cor.
             1.
             17
             ,
             18
             ,
             &c.
             
             And
             though
             the
             Law
             made
             
               nothing
               perfect
            
             ,
             yet
             the
             bringing
             in
             of
             the
             
               better
               hope
            
             doth
             ,
             and
             unto
             this
             perfection
             Christ
             Jesus
             is
             pressing
             his
             Disciples
             ,
             as
             may
             be
             seen
             Mat.
             5.
             last
             vers
             .
             where
             he
             concludes
             with
             these
             words
             ,
             (
             after
             he
             had
             pressed
             them
             to
             many
             things
             ,
             and
             
               not
               to
               swear
               at
               all
               )
               Be
               ye
               therefore
               perfect
               ,
               as
               your
               Father
               which
               is
               in
               Heaven
               is
               perfect
               :
            
             for
             the
             requiring
             of
             an
             Oath
             supposeth
             unbelief
             in
             the
             one
             party
             ,
             which
             is
             no
             more
             to
             be
             pleaded
             for
             ,
             than
             it
             is
             to
             be
             practised
             in
             a
             true
             Christian
             ;
             for
             ,
             they
             that
             are
             
               truly
               Christians
            
             ,
             are
             
               Sons
               of
               God
            
             ,
             and
             as
             many
             as
             
               are
               so
               ,
               are
               led
               by
               the
               Spirit
               of
               God
            
             (
             Rom.
             8.
             14.
             
             )
             which
             
               is
               Truth
            
             ,
             and
             
               leadeth
               them
               into
               all
               Truth
            
             .
             Much
             might
             be
             said
             on
             this
             behalf
             ,
             but
             it
             being
             so
             fully
             asserted
             by
             divers
             Witnesses
             ,
             whose
             Testimonies
             are
             publisht
             concerning
             this
             Subject
             ,
             for
             the
             good
             of
             all
             that
             desire
             to
             know
             the
             Truth
             ,
             I
             shall
             conclude
             with
             few
             words
             ,
             viz.
             That
             there
             being
             both
             so
             full
             and
             plain
             Texts
             of
             Scripture
             to
             ground
             such
             a
             Belief
             upon
             ,
             as
             ours
             is
             in
             this
             point
             ,
             and
             such
             demonstration
             of
             
             right
             Reason
             also
             ,
             it
             may
             very
             well
             be
             spoke
             to
             as
             a
             
               Case
               of
               Conscience
            
             (
             and
             ought
             to
             have
             Audience
             at
             your
             Bar
             )
             and
             the
             opposers
             of
             it
             ,
             and
             the
             imposers
             of
             an
             Oath
             will
             be
             the
             more
             inexcusable
             before
             God
             in
             the
             day
             when
             he
             shal
             sit
             to
             judge
             the
             secrets
             of
             all
             men
             by
             Jesus
             Christ
             ,
             according
             to
             that
             Gospel
             which
             saith
             ,
             
               Swear
               not
               at
               all
            
             ;
             Where
             then
             will
             those
             appear
             that
             inflict
             so
             great
             punishments
             upon
             the
             Innocent
             ,
             that
             make
             Conscience
             both
             of
             what
             they
             say
             and
             do
             ?
             and
             if
             this
             Maxime
             be
             true
             ,
             that
             
               Conscientia
               errans
               obligat
            
             ,
             as
             the
             Bishop
             of
             Exon
             confesseth
             ,
             how
             then
             shall
             the
             punishers
             of
             such
             men
             (
             for
             practising
             according
             to
             their
             Consciences
             truly
             enlightned
             )
             escape
             the
             righteous
             Judgments
             of
             God
             ?
             For
             ,
             if
             Conscience
             be
             that
             for
             the
             sake
             of
             which
             (
             and
             not
             for
             Wrath
             only
             )
             Obedience
             is
             to
             be
             yeelded
             to
             Magistrates
             ,
             Then
             ,
             in
             true
             Equity
             and
             right
             Reason
             ,
             it
             followeth
             ,
             That
             Magistrates
             ought
             not
             to
             punish
             for
             such
             Obedience
             as
             is
             according
             to
             Conscience
             .
          
        
         
           
             Some
             ANIMADVERSIONS
             upon
             the
             whole
             Matter
             ,
             shewing
             the
             Severity
             and
             Unmercifulness
             (
             if
             not
             cruel
             Injustice
             )
             of
             the
             late
             Proceedings
             against
             us
             ;
             Leaving
             it
             to
             be
             judged
             by
             God's
             Witness
             in
             every
             Conscience
             .
          
           
             Considering
             our
             first
             taking
             without
             Warrant
             by
             force
             of
             Arms
             ,
             and
             our
             Commitment
             thereupon
             ,
             with
             the
             Proceedings
             upon
             that
             Commitment
             at
             
               Hicks's-Hall
               ,
               Middlesex
            
             ,
             by
             Indictment
             against
             
               J.
               C.
            
             upon
             the
             late
             Act
             of
             Parliament
             
               against
               Quakers
               ,
               &c.
            
             and
             his
             pleading
             
               not
               Guilty
            
             thereunto
             ,
             with
             the
             Court
             's
             committing
             him
             again
             to
             Prison
             ,
             where
             he
             remained
             until
             the
             Sessions
             in
             the
             
               Old
               Bailey
            
             as
             aforesaid
             ;
             The
             Court
             's
             often
             refusal
             to
             take
             any
             notice
             of
             former
             Proceedings
             ,
             or
             any
             injury
             or
             wrong
             that
             he
             had
             sustained
             ,
             either
             in
             Apprehension
             or
             Proceedings
             ,
             or
             so
             much
             as
             the
             Cause
             it self
             for
             which
             he
             was
             imprisoned
             .
          
           
             The
             Court
             's
             putting
             him
             upon
             Interrogatories
             (
             no
             Accuser
             appearing
             )
             to
             accuse
             himself
             ,
             in
             tendring
             him
             the
             
               Oath
               of
               Allegiance
            
             (
             as
             a
             snare
             )
             that
             so
             his
             Refusal
             might
             become
             
               a
               Crime
            
             for
             them
             to
             punish
             him
             for
             ;
             carrying
             themselves
             rather
             as
             Parties
             ,
             than
             as
             equal
             Judges
             between
             two
             .
          
           
             Because
             we
             were
             surprized
             in
             our
             Tryal
             ,
             expecting
             that
             ,
             according
             to
             our
             Mittimus
             and
             former
             Proceedings
             ,
             we
             should
             have
             been
             tryed
             upon
             the
             late
             Act
             of
             Parliament
             made
             on
             purpose
             against
             
               Quakers
               ,
               &c.
            
             not
             in
             the
             least
             expecting
             any
             such
             Proceedings
             as
             we
             met
             withall
             ,
             
             and
             therefore
             could
             not
             be
             provided
             to
             make
             our
             Defence
             according
             to
             Law
             ;
             seeing
             we
             were
             committed
             upon
             pretence
             of
             one
             Law
             ,
             and
             prosecuted
             under
             colour
             of
             another
             ,
             which
             could
             not
             without
             force
             cast
             any
             face
             upon
             us
             ,
             as
             persons
             concerned
             to
             be
             tryed
             by
             it
             ,
             viz.
             3.
             
             Jacob.
             4.
             
             Intituled
             ,
             
               An
               Act
               for
               discovering
               and
               repressing
               of
               Popish
               Recusants
               .
            
          
           
             It
             further
             appears
             ,
             in
             that
             our
             Judges
             declined
             the
             late
             Act
             which
             was
             made
             on
             purpose
             (
             after
             the
             Imprisoning
             of
             so
             many
             thousand
             Quakers
             )
             only
             for
             refusing
             to
             take
             the
             same
             Oath
             of
             Allegiance
             ,
             which
             Imprisonment
             begat
             so
             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
               other
               two
            
             .
          
           
             
               ISaac
               Grey
            
             being
             called
             to
             the
             Bar
             :
          
           
             
               Judg.
               
            
             
               
                 Will
                 you
                 take
                 the
                 Oath
                 of
                 Allegiance
                 ?
              
            
          
           
             
               Grey
               .
            
             
               I
               have
               been
               near
               five
               weeks
               in
               Prison
               ,
               I
               desire
               to
               know
               for
               what
               .
            
          
           
             
               Judg.
               
            
             
               
                 We
                 take
                 no
                 notice
                 of
                 your
                 Imprisonment
                 ,
                 nor
                 how
                 you
                 came
                 here
                 ;
                 Will
                 you
                 take
                 the
                 Oath
                 ?
              
            
          
           
             
               Grey
               .
            
             
               I
               desire
               to
               know
               for
               what
               I
               am
               imprisoned
               ,
               and
               then
               I
               am
               ready
               to
               answer
               :
               for
               no
               man
               (
               in
               this
               particular
               )
               hath
               received
               so
               much
               wrong
               as
               my self
               ,
               having
               received
               a
               Wound
               ,
               whereby
               I
               was
               in
               jeopardy
               of
               my
               Life
               .
            
          
           
             
               Judg.
               
            
             
               
                 If
                 any
                 have
                 wronged
                 you
                 ,
                 take
                 your
                 course
                 in
                 Law
                 ;
                 will
                 you
                 swear
                 ?
              
            
          
           
             
               Grey
               .
            
             
               I
               am
               a
               man
               of
               a
               tender
               Conscience
               ,
               and
               do
               desire
               time
               to
               consider
               .
            
          
           
             
               Judg.
               
            
             
               
                 Take
                 him
                 away
              
               ;
               which
               was
               accordingly
               done
               .
            
             
               The
               next
               day
               
                 Isaac
                 Grey
              
               was
               called
               to
               the
               Bar
               ,
               and
               asked
               by
               the
               Judge
               ,
               if
               he
               would
               yet
               take
               the
               Oath
               ?
               Recorder
               speaking
               unto
               him
               on
               this
               wise
               ;
               Mr.
               Grey
               ,
               
                 you
                 are
                 a
                 wise
                 understanding
                 man
                 ,
                 and
                 a
                 Scholar
                 ;
                 be
                 advised
                 what
                 you
                 do
                 ,
                 and
                 do
                 not
                 ruine
                 your self
                 ,
                 but
                 take
                 the
                 Oath
                 .
              
            
          
           
             
               Grey
               .
            
             
               I
               desire
               time
               to
               consider
               ,
               and
               to
               do
               nothing
               rashly
               .
            
             
               Then
               in
               the
               afternoon
               were
               all
               three
               again
               called
               to
               the
               Bar
               ,
               and
               the
               Indictment
               read
               .
            
          
           
             
               Judg.
               
            
             
               Mr.
               Grey
               ,
               
                 will
                 you
                 take
                 the
                 Oath
              
               ?
               Cryer
               ,
               
                 hold
                 him
                 the
                 Book
              
               .
            
          
           
             
               Grey
               .
            
             
               I
               desire
               to
               know
               the
               cause
               of
               my
               first
               Imprisonment
               ,
               and
               to
               discharge
               me
               of
               the
               same
               before
               I
               give
               my
               Answer
               to
               the
               Oath
               ;
               for
               I
               do
               not
               know
               my self
               guilty
               of
               any
               Crime
               .
            
          
           
             
               Judg.
               
            
             
               
                 The
                 Law
                 supposeth
                 you
                 to
                 be
                 disaffected
                 to
                 the
                 present
                 Government
                 ,
                 and
                 therefore
                 the
                 Oath
                 is
                 tendred
                 to
                 you
                 .
              
            
          
           
             
               Grey
               .
            
             
               I
               understand
               that
               the
               fundamental
               Law
               of
               England
               alloweth
               no
               man
               to
               be
               accused
               or
               condemned
               upon
               supposition
               :
               I
               do
               further
               affirm
               ,
               and
               that
               in
               the
               Light
               of
               God
               ,
               That
               I
               am
               not
               an
               Enemy
               to
               the
               King
               ,
               nor
               to
               any
               man
               living
               upon
               the
               face
               of
               the
               Earth
               .
            
          
           
             
             
               Judg.
               
            
             
               
                 Will
                 you
                 answer
              
               ,
               Guilty
               ,
               or
               not
               Guilty
               ?
            
          
           
             
               Grey
               .
            
             
               I
               desire
               time
               to
               consider
               of
               the
               truth
               of
               this
               matter
               ;
               the
               Indictment
               being
               large
               ,
               and
               having
               much
               contained
               in
               it
               which
               indeed
               I
               do
               not
               well
               understand
               .
            
          
           
             
               Judg.
               
            
             
               
                 Will
                 you
                 yet
                 swear
                 ,
                 or
                 plead
                 to
                 the
                 Indictment
                 ?
              
            
          
           
             
               Grey
               .
            
             
               I
               have
               told
               you
               ,
               and
               that
               for
               
                 Conscience
                 sake
              
               ,
               I
               dare
               do
               nothing
               rashly
               .
            
          
           
             
               Judg.
               
            
             
               
                 What
                 do
                 you
                 talk
                 to
                 us
                 of
                 Conscience
                 ?
                 every
                 fellow
                 may
                 plead
                 Conscience
                 .
              
            
          
           
             
               Grey
               .
            
             
               Do
               you
               use
               to
               swear
               such
               as
               make
               no
               Conscience
               ?
            
          
           
             
               Judg.
               
            
             
               Guilty
               ,
               or
               not
               guilty
               ?
               
                 When
                 you
                 have
                 answered
                 to
                 this
                 ,
                 you
                 may
                 plead
                 what
                 you
                 can
                 in
                 your
                 own
                 Defence
                 ;
                 but
                 first
                 answer
                 ,
              
               Guilty
               ,
               or
               not
               guilty
               :
               
                 The
                 rule
                 of
                 the
                 Law
                 is
                 ,
                 you
                 must
                 first
                 answer
                 .
              
            
          
           
             
               Grey
               .
            
             
               Would
               you
               have
               men
               swear
               whether
               they
               will
               or
               nay
               ,
               especially
               when
               against
               their
               Conscience
               ?
            
          
           
             
               Judg.
               
            
             
               
                 We
                 have
                 Consciences
                 aswell
                 as
                 you
                 :
                 If
                 there
                 be
                 any
                 thing
                 as
                 to
                 matter
                 of
                 Conscience
                 ,
                 it
                 is
                 nothing
                 !
                 you
                 must
                 plead
              
               Guilty
               ,
               or
               not
               guilty
               ,
               
                 that
                 we
                 may
                 not
                 spend
                 time
                 any
                 longer
                 .
              
            
          
           
             
               Grey
               .
            
             
               Truly
               ,
               I
               desire
               not
               that
               the
               time
               should
               be
               taken
               up
               in
               any
               thing
               that
               may
               not
               advantage
               the
               good
               of
               the
               People
               ;
               Therefore
               before
               I
               plead
               ,
               give
               me
               a
               Copy
               of
               the
               Indictment
               ,
               and
               then
               I
               shall
               plead
               .
            
          
           
             
               Judg.
               
            
             
               Sirrah
               ,
               Guilty
               ,
               or
               not
               guilty
               ?
            
          
           
             
               Grey
               .
            
             
               I
               desire
               first
               to
               be
               heard
               as
               a
               Christian
               ,
               and
               then
               as
               an
               English-man
               .
            
          
           
             
               Judg.
               
            
             
               
                 Do
                 not
                 I
                 tell
                 you
                 (
                 Sirrah
                 )
                 if
                 you
                 will
                 plead
                 ,
              
               not
               Guilty
               ,
               
                 you
                 shall
                 be
                 heard
                 ;
                 but
                 if
                 you
                 will
                 not
                 ,
                 you
                 will
                 run
                 your self
                 into
                 a
              
               Premunire
               .
            
          
           
             
               Grey
               .
            
             
               I
               appeal
               then
               to
               God
               Almighty
               ,
               for
               I
               shall
               not
               wrong
               my
               Conscience
               .
            
          
           
             
               Judg.
               
            
             
               
                 It
                 is
                 no
                 matter
                 of
                 Conscience
                 ,
              
               Guilty
               or
               not
               Guilty
               ?
            
          
           
             
               Grey
               .
            
             
               Not
               Guilty
               .
            
             
               The
               last
               day
               of
               Tryal
               all
               the
               three
               persons
               aforesaid
               being
               called
               to
               the
               Bar
               ,
               after
               some
               discourse
               between
               my
               fellow
               Prisoners
               and
               the
               Court
               ,
               my self
               was
               forced
               from
               thence
               before
               I
               was
               heard
               ,
               my
               fellow
               Prisoners
               being
               violently
               thrust
               within
               the
               Felons
               Bar
               ,
               but
               my self
               ,
               by
               Command
               from
               the
               Bench
               was
               not
               thrust
               there
               ,
               but
               I
               desired
               to
               be
               with
               my
               fellow
               Prisoners
               ,
               and
               to
               fare
               as
               they
               fared
               ,
               and
               so
               was
               put
               in
               with
               them
               ;
               but
               after
               some
               time
               ,
               (
               the
               Court
               being
               in
               a
               confusion
               ,
               
               and
               their
               Officers
               abusing
               my
               fellow
               Prisoners
               ,
               by
               stopping
               their
               mouths
               ,
               and
               the
               
                 common
                 Hangman
              
               endeavoured
               to
               gag
               one
               of
               them
               ,
               that
               they
               might
               not
               speak
               in
               their
               own
               defence
               )
               Then
               I
               desired
               I
               might
               be
               heard
               ;
               upon
               which
               the
               Court
               called
               me
               nearer
               to
               them
               :
               Then
               I
               approached
               to
               their
               Bar
               ,
               and
               spake
               on
               this
               wise
               ,
               I
               desire
               to
               know
               whether
               ,
               according
               to
               the
               Law
               of
               England
               and
               the
               Proceedings
               of
               this
               Court
               ,
               we
               may
               not
               be
               allowed
               to
               put
               in
               Bail
               to
               prosecute
               our
               Traverse
               at
               the
               next
               Sessions
               ?
            
             
               To
               which
               they
               answered
               ,
               
                 We
                 might
                 not
              
               .
            
             
               Then
               I
               desired
               them
               to
               do
               me
               and
               my
               fellow
               Prisoners
               Justice
               ;
               For
               you
               are
               to
               know
               that
               as
               we
               stand
               arraigned
               at
               this
               Bar
               ,
               so
               shall
               you
               appear
               before
               the
               great
               Tribunal
               of
               God's
               Justice
               ,
               to
               give
               an
               Account
               of
               this
               dayes
               work
               ,
               as
               also
               of
               all
               the
               deeds
               done
               in
               the
               Body
               ,
               whether
               they
               be
               good
               or
               evil
               ;
               and
               what
               measure
               ye
               mete
               to
               us
               ,
               shall
               be
               measured
               to
               you
               again
               .
            
          
           
             
               Judg.
               
            
             
               
                 We
                 know
                 that
                 as
                 well
                 as
                 you
                 ,
              
               and
               then
               called
               to
               
                 swear
                 the
                 Jury
              
               ,
               the
               Court
               being
               in
               a
               confusion
               ,
               and
               the
               Officers
               and
               the
               Hangman
               abusing
               my
               fellow
               Prisoners
               ,
               as
               aforesaid
               ;
               then
               I
               went
               my
               way
               ,
               the
               Chief
               Justice
               (
               so
               called
               )
               being
               in
               a
               Rage
               ,
               called
               to
               me
               in
               an
               abrupt
               manner
               ,
               saying
               ,
               
                 You
                 shall
                 be
                 tryed
                 according
                 to
                 the
                 Laws
                 .
              
            
          
           
             
               Grey
               .
            
             
               I
               do
               desire
               to
               be
               tryed
               by
               
                 the
                 Laws
              
               ,
               and
               not
               by
               Passion
               .
               Then
               they
               went
               on
               (
               being
               all
               in
               a
               confusion
               and
               disorder
               )
               unto
               Sentence
               ,
               which
               was
               on
               this
               wise
               ,
               
                 You
                 shall
                 forfeit
                 all
                 you
                 Real
                 Estate
                 for
                 life
                 ,
                 and
                 your
                 Personal
                 Estate
                 for
                 ever
                 ;
                 and
                 be
                 put
                 out
                 of
                 the
                 King's
                 Protection
                 ,
                 and
                 imprisoned
                 during
                 the
                 Kings
                 pleasure
                 ,
                 according
                 to
                 the
                 Statute
                 of
                 Premunire
                 .
              
               Which
               Sentence
               also
               passed
               upon
               my
               two
               fellow
               Prisoners
               aforesaid
               .
            
          
           
             These
             things
             are
             part
             of
             what
             passed
             between
             the
             Court
             and
             my self
             ,
             many
             things
             being
             omitted
             by
             reason
             of
             the
             often
             Interruptions
             ,
             and
             are
             written
             to
             prevent
             mistakes
             ,
             and
             to
             inform
             all
             moderate
             Inquirers
             concerning
             the
             Severity
             and
             Injustice
             that
             we
             met
             withal
             ,
             Not
             only
             to
             the
             losse
             of
             all
             my
             Estate
             and
             Liberty
             ,
             but
             of
             my
             Practice
             also
             ,
             to
             the
             dammage
             and
             detriment
             of
             many
             of
             my
             Patients
             ,
             who
             (
             through
             necessity
             )
             are
             compelled
             to
             come
             to
             Prison
             to
             me
             ,
             but
             have
             been
             sometimes
             hindred
             from
             coming
             to
             speak
             with
             me
             .
          
           
             But
             our
             desires
             are
             ,
             
               to
               forgive
               them
               that
               trespass
               against
               us
               ,
               as
               God
               hath
               forgiven
               us
               our
               trespasses
               against
               him
               .
            
          
           
             
               J.
               G.
               
            
          
        
         
           
           
             
               An
               Additional
            
             Postscript
             ,
             
               further
               manifesting
               the
               Illegality
               of
               the
               late
               (
               aforesaid
               )
               Proceedings
               .
            
          
           
             AN
             Oath
             saith
             Cook
             (
             3d
             part
             Institutes
             ,
             chap.
             74.
             p.
             165.
             )
             
               is
               an
               affirmation
               ,
               or
               denyal
               ,
               by
               any
               Christian
               ,
               of
               any
               thing
               lawful
               and
               honest
               ,
               before
               one
               ,
               or
               more
               ,
               that
               have
               authority
               to
               give
               the
               same
               ,
               for
               advancing
               of
               Truth
               and
               Right
               ,
               calling
               Almighty
               God
               to
               witness
               that
               this
               Testimony
               is
               true
               .
            
             And
             he
             further
             saith
             ,
             
               No
               Oath
               ought
               to
               be
               administred
               but
               such
               as
               is
               allowed
               by
               the
               Common
               Law
               ,
               or
               by
               Act
               of
               Parliament
               ;
               neither
               can
               any
               Oath
               be
               altered
               that
               is
               allowed
               by
               Common
               Law
               ,
               or
               Act
               of
               Parliament
               ,
               but
               what
               is
               altered
               by
               Act
               of
               Parliament
               .
            
             Note
             ,
             an
             Oath
             is
             an
             affirmation
             ,
             or
             denyal
             ,
             which
             was
             not
             denyed
             by
             us
             :
             he
             doth
             not
             say
             by
             
               kissing
               the
               Book
            
             or
             any
             such
             like
             ceremony
             .
             Note
             again
             ,
             the
             end
             of
             taking
             this
             Oath
             ,
             it
             is
             for
             
               advancement
               of
               Truth
               and
               Right
            
             ,
             which
             is
             truly
             done
             by
             affirmation
             or
             denyal
             ,
             being
             solemnly
             spoken
             as
             in
             God's
             sight
             and
             presence
             ;
             and
             our
             denyal
             to
             take
             the
             Oath
             in
             that
             way
             of
             imposed
             formality
             (
             yeilding
             all
             just
             and
             due
             obedience
             )
             did
             
               no
               way
               hinder
            
             the
             advancement
             either
             of
             Truth
             or
             Right
             ,
             Obedience
             answering
             the
             End
             of
             the
             Oath
             ,
             and
             
               not
               Swearing
            
             ;
             and
             this
             signified
             by
             Cook
             's
             definition
             of
             an
             Oath
             .
          
           
             Again
             ,
             Justice
             Crook
             saith
             ,
             
               We
               that
               are
               Judges
               speak
               upon
               our
               Oaths
               ,
               and
               therefore
               must
               deliver
               our
               Judgements
               according
               to
               our
               Consciences
               ;
               and
               the
               fault
            
             (
             saith
             he
             )
             
               will
               lie
               upon
               us
               if
               it
               be
               Illegal
               ,
               and
               we
               deliver
               it
               for
               Law.
            
             (
             Mark
             )
             the
             Judges
             Consciences
             according
             to
             their
             Oaths
             ,
             is
             the
             ground
             of
             their
             Judgments
             ;
             then
             is
             not
             another
             man
             to
             exercise
             his
             Judgment
             according
             to
             his
             Conscience
             ,
             though
             he
             doth
             not
             formally
             swear
             ?
             Have
             Judges
             only
             this
             Priviledge
             ,
             in
             ministring
             or
             executing
             the
             Law
             ,
             and
             shall
             not
             another
             man
             have
             the
             like
             Liberty
             of
             Conscience
             ,
             especially
             when
             he
             hath
             positive
             Scripture
             on
             his
             side
             ,
             that
             saith
             ,
             
               Swear
               not
               at
               all
            
             ?
             And
             he
             further
             saith
             ,
             
               We
               that
               are
               Judges
               must
               not
               give
               our
               Judgments
               according
               to
               Policy
               ,
               or
               Rules
               of
               State
               ,
               nor
               Conveniencies
               ,
               but
               only
               according
               to
               Law.
            
             And
             without
             doubt
             ,
             were
             the
             Judges
             ,
             and
             others
             ,
             more
             strict
             in
             observing
             
               their
               Oaths
            
             ,
             others
             by
             
               their
               example
            
             might
             be
             induced
             to
             conclude
             ,
             That
             there
             is
             something
             more
             in
             swearing
             than
             now
             they
             believe
             to
             be
             ;
             For
             unjust
             Judges
             bring
             a
             contempt
             upon
             the
             Law
             it self
             ,
             as
             one
             said
             of
             the
             
               Greek
               Tongue
            
             ,
             who
             thought
             it
             a
             mockery
             to
             learn
             that
             Language
             ,
             the
             Masters
             whereof
             lived
             in
             bondage
             :
             So
             marvel
             not
             if
             some
             contemn
             the
             Law
             ,
             because
             the
             Ministers
             thereof
             make
             it
             serve
             to
             gratifie
             their
             
             lusts
             and
             evil
             wills
             ;
             These
             (
             like
             Spies
             )
             make
             use
             of
             their
             knowledge
             in
             the
             Laws
             ,
             to
             find
             out
             where
             they
             may
             enter
             ,
             and
             how
             they
             may
             rob
             ,
             ensnare
             and
             spoyl
             those
             for
             whom
             the
             Laws
             are
             to
             be
             as
             Preservatives
             from
             Violence
             ,
             and
             Encouragers
             of
             Virtue
             ,
             and
             not
             Nurseries
             of
             Vice
             ,
             as
             they
             are
             often
             made
             to
             be
             by
             the
             Wits
             and
             Practices
             of
             Evil
             Magistrates
             ;
             that
             so
             not
             only
             ,
             
               Ignorantia
               judicis
               est
               calamitas
               innocentis
            
             ,
             but
             also
             his
             knowledge
             is
             perverted
             to
             serve
             his
             will
             ;
             And
             these
             can
             make
             Laws
             to
             be
             in
             force
             ,
             for
             punishment
             and
             destruction
             ,
             but
             not
             for
             preservation
             ;
             making
             them
             to
             kill
             and
             destroy
             ,
             but
             not
             to
             protect
             ;
             a
             thing
             no
             less
             horrid
             and
             cruel
             ,
             than
             if
             the
             Sun
             should
             burn
             without
             giving
             us
             light
             ;
             or
             the
             Earth
             serve
             only
             to
             bury
             ,
             but
             not
             to
             feed
             and
             nourish
             us
             :
             So
             do
             such
             Judges
             and
             Justices
             ,
             when
             they
             have
             a
             mind
             to
             spoyl
             and
             ruine
             ,
             no
             Laws
             of
             freedom
             are
             taken
             notice
             of
             by
             them
             .
             It
             hath
             been
             said
             in
             times
             past
             ,
             by
             those
             who
             have
             strictly
             observed
             former
             Judges
             ,
             that
             they
             were
             compared
             unto
             the
             twelve
             Lions
             under
             Solomon's
             Throne
             ,
             Lions
             for
             their
             courage
             and
             boldness
             to
             assert
             the
             Laws
             and
             Priviledges
             of
             English-men
             ;
             and
             under
             the
             Throne
             ,
             because
             of
             their
             own
             subjection
             unto
             them
             :
             But
             how
             far
             these
             resemble
             such
             ,
             who
             sate
             upon
             the
             late
             Tryal
             ,
             and
             passed
             the
             Sentence
             of
             Premunire
             ,
             I
             leave
             the
             wise
             in
             heart
             to
             judge
             ,
             both
             by
             what
             is
             here
             presented
             concerning
             that
             Tryal
             ,
             as
             also
             from
             those
             who
             were
             Spectators
             and
             Auditors
             of
             the
             same
             .
             It
             hath
             been
             said
             ,
             that
             the
             Laws
             of
             England
             are
             like
             
               Hercule's
               Pillars
            
             that
             have
             a
             
               ne
               plus
               ultra
            
             upon
             them
             ,
             as
             well
             as
             they
             are
             Pillars
             to
             Hercules
             :
             But
             surely
             by
             such
             pulls
             as
             these
             (
             in
             causing
             mens
             mouths
             to
             be
             stopt
             by
             the
             Executioner
             when
             they
             are
             at
             the
             Bar
             to
             make
             their
             Defence
             ,
             to
             preserve
             their
             Liberties
             and
             Estates
             )
             must
             needs
             shake
             those
             houses
             which
             have
             no
             other
             foundations
             to
             stand
             upon
             .
             Judges
             in
             former
             times
             ,
             when
             there
             was
             no
             Law
             for
             Cases
             that
             sometimes
             fell
             out
             ,
             for
             bore
             proceedings
             until
             a
             Parliament
             was
             called
             to
             make
             Laws
             (
             for
             it
             is
             a
             higher
             Jurisdiction
             
               dare
               Leges
               ,
               to
               give
               Laws
               ,
            
             than
             
               to
               minister
            
             ,
             or
             
               rule
               by
               them
            
             )
             But
             these
             Judges
             do
             shew
             dislike
             unto
             the
             Laws
             already
             made
             ,
             and
             that
             lately
             too
             ,
             and
             on
             purpose
             against
             those
             persons
             called
             Quakers
             ,
             that
             deny
             all
             Oaths
             :
             which
             Act
             of
             Parliament
             sets
             down
             what
             Fine
             shall
             be
             imposed
             ,
             and
             no
             more
             ,
             and
             all
             the
             Penalties
             for
             the
             first
             ,
             second
             and
             third
             Offences
             :
             But
             these
             Judges
             ,
             for
             the
             first
             Offence
             (
             and
             that
             created
             by
             themselves
             too
             )
             
               will
               have
               all
               but
               Life
            
             ,
             as
             themselves
             said
             ;
             and
             that
             too
             ,
             to
             live
             in
             penury
             and
             misery
             ,
             the
             
               means
               of
               livelihood
            
             by
             their
             Sentence
             being
             to
             be
             taken
             away
             .
             Surely
             if
             the
             Law
             of
             England
             be
             a
             
               merciful
               Law
            
             ,
             as
             they
             said
             it
             is
             ,
             then
             they
             must
             needs
             be
             most
             
               unmerciful
               Judges
            
             who
             passed
             
             so
             severe
             a
             Sentence
             ,
             drawn
             from
             such
             
               merciful
               Laws
            
             as
             they
             said
             the
             Laws
             of
             England
             are
             ;
             And
             surely
             in
             this
             ,
             the
             Judges
             make
             their
             
               little
               finger
            
             (
             as
             was
             said
             )
             heavier
             than
             the
             late
             
               Parliaments
               loyns
            
             But
             as
             Execution
             is
             the
             Life
             of
             the
             Law
             ,
             so
             the
             application
             of
             it
             to
             a
             proper
             subject
             ,
             is
             the
             feet
             upon
             which
             it
             is
             to
             go
             :
             and
             if
             this
             Rule
             had
             been
             observed
             ,
             
               Popish
               Recusants
            
             (
             &
             not
             
               true
               Protestants
            
             )
             would
             have
             bin
             found
             to
             have
             been
             the
             persons
             intended
             in
             the
             Statutes
             of
             King
             James
             ,
             as
             aforesaid
             .
             But
             through
             male-administration
             of
             Laws
             (
             oft-times
             )
             those
             are
             most
             hurt
             by
             them
             ,
             for
             whom
             they
             were
             not
             made
             ;
             and
             so
             comes
             
               Judgment
               to
               be
               turned
               backward
            
             ,
             and
             
               Equity
               to
               fall
               in
               the
               streets
            
             ;
             and
             this
             made
             the
             Prophet
             take
             up
             a
             lamentation
             and
             say
             ,
             
               Wo
               is
               me
               ,
               for
               I
               am
               as
               when
               they
               have
               gathered
               the
               Summer
               fruits
               ,
               as
               the
               Grape-gleanings
               of
               the
               Vintage
               ,
            
             &c.
             
             
               The
               good
               man
               is
               perished
               out
               of
               the
               Earth
               ,
               and
               there
               is
               none
               upright
               amongst
               men
               ;
               they
               all
               lie
               in
               wait
               for
               blood
               :
               they
               hunt
               every
               man
               for
               his
               brother
               with
               a
               net
               ,
            
             &c.
             
             Mic.
             7.
             1
             ,
             2
             ,
             3
             ,
             4.
             
             And
             was
             it
             not
             thus
             when
             they
             sought
             to
             entrap
             the
             Prophet
             Daniel
             ,
             but
             could
             find
             nothing
             against
             him
             ,
             
               save
               in
               the
               matters
               of
               his
               God.
            
             And
             this
             was
             the
             controversie
             in
             the
             Prophet
             Hosea's
             time
             ,
             chap.
             5.
             1.
             
             
               Hear
               ye
               this
               O
               Priests
               ,
               and
               hearken
               ye
               house
               of
               Israel
               ,
               and
               give
               ear
               O
               house
               of
               the
               King
               ;
               for
               Judgment
               is
               towards
               you
               ;
               because
               ye
               have
               been
               a
               snare
               upon
            
             Mizpah
             ,
             
               and
               a
               net
               spread
               upon
            
             Tabor
             .
             And
             was
             it
             not
             the
             practice
             in
             those
             persecuting
             dayes
             mentioned
             in
             the
             Book
             of
             Martyrs
             ,
             that
             when
             no
             snare
             nor
             net
             would
             do
             ,
             then
             this
             was
             the
             question
             to
             them
             ,
             
               What
               say
               you
               to
               the
               Sacrament
               of
               the
               Altar
               ?
            
             and
             by
             this
             ,
             when
             all
             failed
             ,
             they
             were
             sure
             to
             catch
             them
             .
             The
             like
             use
             ,
             by
             the
             Powers
             that
             are
             gone
             ,
             was
             made
             of
             the
             Engagement
             ,
             and
             the
             
               Oath
               of
               Abjuration
            
             ,
             and
             is
             now
             made
             of
             the
             
               Oath
               of
               Allegiance
            
             ,
             by
             malicious
             Magistrates
             ,
             who
             when
             they
             can
             find
             no
             way
             to
             execute
             their
             Cruelty
             upon
             the
             poor
             People
             called
             Quakers
             ,
             then
             they
             cry
             ,
             
               Give
               them
               the
               Oath
            
             ,
             and
             this
             is
             so
             frequent
             ,
             that
             they
             tender
             it
             at
             their
             pleasure
             ,
             and
             to
             whom
             they
             have
             a
             mind
             ,
             knowing
             when
             all
             snares
             fail
             ,
             they
             can
             surely
             catch
             them
             in
             this
             ;
             or
             ,
             if
             all
             other
             Laws
             be
             but
             like
             Rods
             of
             wire
             ,
             and
             the
             Judges
             or
             Justices
             have
             a
             mind
             to
             whip
             a
             man
             soundly
             ,
             then
             they
             will
             at
             their
             pleasure
             ,
             tender
             the
             Oath
             ,
             and
             the
             refusal
             thereof
             they
             will
             make
             to
             be
             as
             Scorpions
             ,
             by
             passing
             the
             Sentence
             of
             Premunire
             against
             them
             .
             What
             man
             can
             be
             safe
             while
             Judges
             and
             Justices
             take
             this
             liberty
             to
             themselves
             ,
             to
             decline
             Laws
             of
             safety
             and
             moderation
             ,
             and
             pick
             out
             at
             their
             pleasure
             Laws
             of
             Cruelty
             ,
             and
             make
             whom
             they
             please
             to
             be
             concerned
             therein
             ?
             For
             ,
             by
             the
             same
             rule
             ,
             they
             make
             
               true
               Protestants
            
             to
             be
             concerned
             in
             those
             Laws
             made
             
             only
             for
             
               Popish
               Recusants
            
             ;
             (
             as
             is
             manifest
             by
             the
             Preambles
             and
             Titles
             of
             the
             Laws
             )
             and
             inflict
             the
             penalties
             upon
             them
             ;
             may
             they
             not
             also
             make
             true
             and
             honest
             men
             to
             be
             transgressors
             of
             those
             Laws
             that
             are
             made
             for
             dishonest
             and
             unrighteous
             men
             ,
             and
             inflict
             the
             penalties
             therein
             contained
             upon
             them
             ,
             they
             being
             Judges
             of
             the
             Law
             (
             as
             they
             call
             themselves
             )
             and
             so
             may
             punish
             sober
             men
             by
             the
             Laws
             that
             are
             made
             for
             Drunkards
             ,
             as
             well
             as
             punish
             those
             that
             fear
             an
             Oath
             ,
             by
             those
             Laws
             that
             were
             made
             to
             punish
             Swearers
             and
             Plotters
             ,
             and
             such
             like
             ?
             as
             it
             is
             plain
             those
             Laws
             were
             made
             for
             such
             ,
             and
             upon
             occasion
             of
             the
             Gunpowder-Plot
             :
             But
             where
             were
             
               Popish
               Recusants
            
             taken
             out
             of
             their
             Meetings
             and
             places
             of
             Worship
             ?
             and
             ,
             when
             were
             any
             of
             them
             convicted
             by
             vertue
             of
             any
             of
             these
             Laws
             ,
             though
             made
             principally
             for
             them
             ?
             Have
             not
             they
             that
             liberty
             which
             others
             are
             debarr'd
             of
             ?
             are
             they
             haled
             out
             of
             their
             Meetings
             by
             armed
             men
             without
             Warrant
             or
             Order
             ,
             as
             the
             People
             called
             Quakers
             ,
             and
             others
             ,
             are
             ?
             With
             whom
             are
             Goals
             ,
             Holes
             and
             Prisons
             now
             filled
             ;
             with
             Drunkards
             ,
             with
             Ballad-singers
             ,
             with
             Stage-players
             ,
             and
             with
             Swearers
             ;
             or
             ,
             with
             such
             as
             
               fear
               an
               Oath
            
             ,
             and
             
               dare
               not
               swear
               at
               all
            
             for
             Conscience
             sake
             ,
             in
             obedience
             to
             Christ's
             Command
             ?
             are
             not
             these
             ,
             and
             such
             as
             these
             ,
             become
             (
             through
             the
             violence
             of
             evil
             men
             )
             those
             that
             now
             must
             be
             separated
             from
             their
             Families
             and
             Imployments
             ,
             and
             thrust
             into
             Goals
             ,
             and
             there
             become
             the
             Companions
             of
             Theeves
             and
             Murderers
             ,
             while
             Impurity
             walks
             in
             the
             streets
             ,
             and
             Ungodliness
             shews
             it self
             with
             open
             face
             ?
             Where
             's
             the
             Sword
             of
             Justice
             that
             should
             not
             be
             born
             in
             vain
             ,
             but
             used
             
               for
               the
               punishment
               of
               evil-doers
               ,
               and
               for
               the
               praise
               of
               them
               that
               do
               well
               ?
            
             If
             it
             be
             not
             drawn
             to
             execute
             Judgment
             ,
             will
             not
             the
             God
             of
             Justice
             draw
             his
             Sword
             of
             displeasure
             ?
             and
             when
             he
             utters
             his
             Voice
             ,
             will
             not
             the
             Beasts
             of
             the
             Field
             tremble
             ?
             Shall
             not
             the
             Righteous
             God
             do
             Righteously
             ?
             
               Be
               wise
               now
               therefore
               ,
               O
               ye
               Kings
               ;
               be
               instructed
               ,
               O
               ye
               Judges
               of
               the
               Earth
               ;
               serve
               the
               Lord
               with
               fear
               ,
               and
               rejoyce
               with
               trembling
               :
               Kisse
               the
               Son
               ,
               lest
               he
               be
               angry
               ,
               and
               ye
               perish
               from
               the
               way
               ;
               when
               his
               Wrath
               is
               kindled
               but
               a
               little
               ,
               Blessed
               are
               all
               they
               that
               put
               their
               trust
               in
               Him.
               
            
          
           
             Let
             none
             judge
             nor
             condemn
             us
             because
             we
             have
             recorded
             the
             Court's
             miscarriages
             towards
             us
             ,
             as
             (
             their
             commanding
             )
             that
             our
             mouths
             should
             be
             stopt
             ,
             and
             such
             like
             ,
             lest
             in
             so
             doing
             they
             condemn
             the
             Disciples
             and
             Apostles
             of
             Christ
             ,
             who
             in
             like
             manner
             have
             recorded
             the
             miscarriages
             of
             
               Herod
               ,
               Pilate
            
             ,
             and
             others
             ;
             and
             the
             Apostle
             Paul
             ,
             who
             saith
             
               (
               Acts
            
             23.
             1
             ,
             2
             ,
             3.
             )
             
               Men
               and
               Brethren
               ,
               I
               have
               lived
               in
               all
               good
               conscience
               before
               God
               until
               this
               day
               ,
            
             (
             which
             was
             
               no
               canting
            
             ,
             
             as
             I
             was
             accused
             for
             )
             
               and
               the
               High-Priest
            
             Ananias
             
               commanded
               them
               that
               stood
               by
               him
               ,
               to
               smite
               him
               on
               the
               mouth
               ,
            
             as
             we
             were
             commanded
             
               to
               have
               our
               mouths
               stopt
            
             ;
             neither
             let
             it
             be
             thought
             by
             any
             that
             these
             Servants
             of
             God
             were
             not
             wholly
             dissolved
             into
             suffering
             principles
             ,
             
               unto
               all
               long-suffering
               and
               patience
               with
               joyfulness
               ,
            
             notwithstanding
             their
             publication
             and
             recording
             these
             things
             .
          
           
             
               J.
               C.
               
            
          
        
         
           THE
           END
           .
        
      
    
     
       
         
           Errors
           
             escaped
             in
             some
             sheets
             ,
             thus
             to
             be
             corrected
             .
          
        
         
           PAge
           6.
           line
           14.
           reade
           disseized
           for
           desiered
           .
           P.
           9.
           l.
           10.
           reade
           sed
           for
           set
           .
           P.
           36.
           l.
           28.
           reade
           
             —
             efficiendam
             &
             deficiendam
          
           .
           P.
           37.
           l.
           29
           and
           30.
           reade
           taurorum
           ,
           and
           Cornua
           without
           an
           Accent
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A69826-e1710
           
             *
             J.
             C.
             
          
           
             London
             Sess
             .
          
           
             a
             This
             is
             Error
             ,
             for
             
               R.
               C.
            
             Ar.
             was
             not
             before
             named
             .
          
           
             *
             This
             is
             Error
             ,
             because
             it
             's
             not
             said
             ,
             
               et
               subditi
               d'ni
               Regis
            
             .
          
           
             t
             This
             should
             be
             Prorogationes
             ,
             for
             there
             vvas
             a
             
               double
               Prorogation
            
             .
          
           
             *
             This
             is
             Error
             ,
             because
             it
             wants
             
               A.
               B.
            
             
          
           
             †
             
               It
               ought
               to
               be
               with
               some
               expression
               of
            
             mutatis
             mutandis
             ,
             
               of
               the
               name
               of
               K.
            
             Charles
             
               the
               second
               ,
               instead
               of
               King
            
             James
             ,
             
               who
               is
               only
               named
               in
               the
               Act.
               This
               is
               Error
               ,
               it
               's
               not
               agreeable
               to
               the
               Statute
               ;
               for
               that
               saith
               onely
            
             King
             James
             :
             
               and
               certainly
               the
               Statute
               intended
               no
               otherwise
               ;
               for
               it
               s
               said
               ,
            
             for
             the
             tryal
             of
             his
             Majesties
             Subjects
             ,
             how
             they
             stand
             affected
             ,
             &c.
             
               and
               not
               the
               Subjects
               of
               his
               Majesties
               Heirs
               and
               Successors
               .
            
          
           
             *
             [
             my
             ]
             
               not
               in
               the
               Statute
            
             .
          
           
             †
             
               ad
               pacem
               conservand
               .
               nec
               non
               ,
               &c.
            
             left
             out
             .
          
           
             *
             
               et
               ibidem
            
             ,
             is
             left
             out
             .
          
           
             s
             Generalis
             left
             out
             .
          
           
             †
             
               Contra
               debitam
               quoadlibet
               eor
               .
               Legeanciam
               ,
            
             ought
             here
             to
             be
             inserted
             ;
             for
             ,
             if
             he
             be
             not
             a
             naturall
             Subject
             ,
             the
             Oath
             is
             not
             to
             be
             tendred
             to
             him
             .
          
           
             Immediately
             after
             the
             tender
             to
             
               J.
               C.
               J.
               B.
            
             and
             
               I.
               G.
            
             though
             they
             be
             termed
             
               subditos
               dci
               .
               end
               .
               Re.