J. C. I did not, neither do I deny allegiance, but do desire to know the cause of my so long imprisonment; for, as I said, I stand at your bar as a delinquent, and am brought hither by force, contrary to the law; therefore, let me see my accuser, or else free me by proclamation, as I ought to be, if none can accuse me; for the law is grounded upon right reason, and whatsoever is contrary to right reason, is contrary to law; and therefore if no accuser appear, you ought to acquit me first, and then I shall answer, as I have said, if any new matter appear; otherwise it is of force, and that our law abhors, and you ought not to take notice of my so being before you; for what is not legally so, is not so; and therefore I am in the condition, as if I were not before you: and therefore it cannot be supposed, in right reason, that you have now power, at this time, and in this place, legally to tender me the oath.
Judge. Read the oath to him; and so the clerk began to read.
J. C. I desire justice, according to the laws of England; for you ought first to convict me, concerning the cause of my so long imprisonment; for you are to proceed according to laws already made, and not to make laws, for you ought to be ministers of the law.
Judge. You are a saucy and an impudent fellow: will you tell us what is law, or our duties? Then said he to the clerk, read on; and when the clerk had done reading,
J. C. said, read the preface to the act; I say again, read the title and preamble to the act; for titles to laws are claves legum, as keys to open the law; for by their titles, laws are understood and known, as men by their faces. Then the judges would have interrupted me, but I said as followeth: if you will not hear me, nor do me justice, I must appeal to the Lord God of heaven and earth, who is judge of quick and dead; before whom we must all appear, to give an account of the deeds done in the body; for he will judge between you and me this day, whether you have done me justice or not.
These words following, (or the like,) I spake as going from the bar, being pulled away, viz. Mind the fear of the Lord God, that you may do justice, lest you perish in his wrath. For sometimes the court cried, pull him away, and then said, bring him again: and thus they did several times, like men in confusion and disorder.
The same day, in the afternoon, silence being made, John Crook, was called to the bar, before the judges and justices aforesaid: the indictment being read, the judge said,
Mr. Crook, You have heard your indictment, what say you? Are you guilty or not guilty?
J. C. I desire to speak a few words in humility and soberness, in regard my estate and liberty lies at stake, and am like to be a precedent for many more; therefore I hope the court will not deny me the right and benefit of the law, as being an Englishman. I have some reason, before I speak any thing to the indictment, to demand and tell you, that I desire to know mine accusers; I have been kept these six weeks in prison, and know not, nor have seen the faces of them.
Judge. We shall afford you the right of the law, as an Englishman. God forbid you should be denied it; but you must answer first, guilty, or not guilty, that so in your trial you may have a fair hearing and pleading; but if you go on as you do, (and will not answer guilty, or not guilty,) you will run yourself into a premunire, and then you lose the benefit of the law, and expose yourself, body and estate, to great hazards; and whatever violence is offered to your person or estate, you are out of the king’s protection, and lose the benefit of the law; and all this by your not answering, (guilty, or not guilty.) If you plead not guilty, you may be heard.