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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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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