J. C. It is recorded in the statutes of the 28 Edw. 3. & 3. and 42 Edw. 3. & 3. in the words, No man is to be taken, or imprisoned, or be put to answer, without presentment before justices, 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 25th 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 are given contrary to Mag. Chart, they are void, 25 Edw. 1. 2.
Judge. 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.
J. C. I would have you tell me the right way.
Judge. 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 favours 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 waive 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.
J. 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 outlawed 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,) from my false imprisonment, while I am in a capacity to have the benefit of the law, and not to outlaw me for an offence created by yourselves; 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 trepan me, and contrary to both law and justice, &c.
Judge. You must plead guilty, or not guilty.
J. C. 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.
Judge. The errantest thief may say, he is not satisfied in his conscience.
J. C. 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.
Judge. Your indictment is your accuser, and the grand jury have 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.