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

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

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.

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