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

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THE Cry of the Innocent FOR JUSTICE BEING A RELATION of the TRYAL of JOHN CROOK and others at the General Sessions held in the Old Bayley London beginning the 25th day of the 4th Month called June in the year 1662. Before the Lord Mayor of the City of London and Recorder of the same Chief Justice Forster and divers other Judges and Justices of the Peace so called Published for no other end but to prevent Mistakes and to satisfie all moderate Enquirers concerning the Dealings and Usages that the said J. C. and others met withal from the beginning of the said Tryals to the end Alitur vitium vivitque tegendo Eccles 5. 8. If thou seest the Oppression of the poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be higher than they Printed in the Year 1662. An EPISTLE to all moderate READERS MAny and great in all Ages unto this day have been the Afflictions Tryals and Oppressions of the Righteous as have been foretold by the holy Prophets Christ and his Apostles since the world began yet God hath not left himself without Witness both in preserving some in all Ages to testifie against the Idolatries and Oppressions of the days and times in which they lived as also of his Judicial Appearances to punish the unjust and merciless Imposers on mens Consciences because of their worshipping of God for about That the first quarrel began witness the Serpent tempting from the observance of God's Command which he could not do by flat and plain denial because of the positiveness of God's Command to man saying Thou shalt not eat of the Tree of Knowledge c. therefore he did it by interpreting or expounding of that Command saying It is because God knoweth that by eating thereof you shall be like him knowing good and evil and by this interpretation or meaning of the Devil who was the first that ever put meanings to God's words Man was deceived and thus was Transgression brought in and by the same means hath continued unto this day in the World for as it was so it is God said to Man Thou shalt not but the deceiving spirit saith that is not intended as it was spoken for it hath a meaning c. And soon after Cain the Devil's successor in Murder and Lying falls upon righteous Abel for no other cause than the worshipping of God according to his Conscience in the Faith and Power of God which was not consistent with Cain's hypocrisie and formality And thus the Quarrel first began about Religion whether power or form should bear sway and by Religion it shall end and therefore blessed are they for ever who are found faithful unto Death for they shall have the Crown of Life for sincerity shall prevail over hypocrisie and the Power against all Idolatry and Formality for the Lord hath spoken it And as Holy Writ furnisheth us with Examples in this matter both as to Witnesses that have stood for God against the Imposers on the Conscience as Daniel the three Children Christ himself and his Apostles with other Clouds of Witnesses and also of his righteous Judgments upon the Oppressors and Imposers as the Curse upon the Serpent and the Plagues upon Pharoah and the Brand upon Jeroboam the son of Nebat who caused Israel to sin by his imposing with many more that might be named So our Histories and Laws are not without Presidents in this case also witness the Book of Martyrs which testifies of the Sufferings of the Martyrs how that they as the Apostles did suffered for bearing witness against not only unrighteous persons but unrighteous Laws also for the Laws of the Kingdoms and Nations in which they suffered as well in England under the Christian Governors so called as in other parts did require those things or some of them the denial of which was the cause of their sufferings then as it is of us now and may be seen at large in those Books from whence came the name Protestant because they were Witnesses against the Unrighteousness and Idolatrousness of the times in which they lived notwithstanding any Laws that were to the contrary and as tokens of God's displeasure against these things many eminent Judgments fell suddenly upon the Persecutors as some by sudden death were taken away others by bursting asunder their bowels falling out in a wonderful manner with like violent deaths which for signal testimonies of God's Wrath and Fury did fall upon many to the astonishing of the beholders in those dayes And our Law-Books furnish us with several Acts of Justice that were executed upon unjust Judges for their not keeping unto the Laws and Rules of Justice made and appointed both for the Peoples safety and them to act by as may be seen in King Alfred's time mentioned in the Mirror of Justice where it is recorded that Forty four Judges or Justices were hanged in one year for their Injustice whose Crimes may be seen as set down in the said Book And the Lord Cook so called Institutes 3d part cap. 2. pag. 23. saith thus What damnable and damned opinions those were concerning High Treason of Tresilian Chief Justice of the Kings Bench Sir Robert Beltnap Chief Justice of the Common Bench and others of their fellows and of John Lockton one of the Kings Serjeants c. But saith Cook more detestable were the opinions of the Justices in the 21. of Rich. 2. and of Hanckford and Brinchley the Kings Serjeants c. These Justices and Serjeants were called in question afterwards in the Parliament holden Anno 1. Hen. 4. for their said opinions answered as divers Lords Spiritual and Temporal did That they durst no otherwise do for fear of death Yet were these two Chief Justices and the rest aforesaid attainted for that it was as the Parliament affirmed for the great Honour and common Profit of the Realm And remarkable is that History which tells us of a Corrupt Judge who was commanded to have his Skin taken off and to be made as a Carpet or Covering and to be in the view or sight of the Judgement Seat to remain as a terror to all unjust Judges These with many more Examples are recorded in our Law-Books and elsewhere as Monuments of Justice against those that caused Injustice thus to be acted and of Terror unto all Corrupt Judges for the future to be afraid of the like Injustice See Walter Rawleigh's Hist World lib. 3. chap. 4. J. C. The CRY of the INNOCENT for JUSTICE I Have here collected the Proceedings of the now present Chief Justice of the King's Bench with others of his Brethren occasioned by a late Tryal before them at the Publick Sessions for the Peace and Goal-delivery holden in the Old Baily begun the 25. of the 4th month called June The Lord Mayor of the City of London and Sheriffs with divers Justices and Aldermen then present VIZ. Silence being made
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 * 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.