J. C. What is for good, I hope I shall take it so.
Judge. If you will not answer, you run yourself into a premunire; and you will lose the benefit of the law, and the king’s protection, unless you plead guilty, or not guilty.
J. C. I stand as brought forcibly and violently hither: neither had I been here but by a violent action; and that you should take no notice of it, seems strange to me; and not only so, but that you should hasten me so fast into a course, that I should not be able any ways to help myself, by reason of your hasty and fast proceedings against me, to put me out of the king’s protection, and the benefit of all law: was ever the like known, or heard of, in a court of justice?
Judge. Friend, this is not here in question, whether you are unjustly brought here, or not: do you question that by law, but not disable yourself to take advantage by the law: if brought by a wrong hand, you have a plea against them; but you must first answer guilty, or not guilty.
J. C. How can I help myself when you have outlawed me? Therefore let proclamation be made in the court, that I was brought by force hither, and let me stand cleared by proclamation, as you ought to do; for you are discernere per legem, quid sit justum,[25] and not to do what seems good in your own eyes—here I was interrupted again, but might have spoken justice Crook’s words in Hampden’s case, who said, That we who are judges speak upon our oaths, and therefore must deliver our judgments according to our consciences; and the fault will lie upon us, if it be illegal, and we deliver it for law: and further said, We that are judges must not give our judgments according to policy, or rules of state, nor conveniencies, but only according to law. These were his words, which I might have spoken; but was interrupted.
[25] To determine by law what is just.
Judge. What, though no man tendered the oath to you, when you were committed, (as you say,) it being now tendered to you; from the time you refused it, being tendered to you by a lawful authority, you refusing, are indicted: we look not upon what you are here for, but here finding you, we tender you the oath; and you refusing it, your imprisonment is now just, and according to law. (Something omitted which I spoke afterwards.)
J. C. How came I here, if you know not? I have told you it is by force and violence, which our law altogether condemns; and therefore I not being legally before you, am not before you; for what is not legally so, is not so; and I not being legally brought to your bar, you ought not to take notice of my being here.
Judge. No, no, you are mistaken; so you may say of all the people gazing here, they not being legally here, are not here: I tell you, a man being brought by force hither, we may tender him the oath; and if he take it not, he may be committed to prison; authority hath given us the power, and the statute-law hath given us authority to tender the oath to any person, and so have we tendered it to you; and for your not taking it, you are indicted by the grand jury: answer the accusation, or confute the indictment; you must do the one or the other; answer, guilty, or not guilty.
J. C. Here I was interrupted, but might have said, that the people that were spectators, beholding and hearing the trials, are not to be called gazers, as the judge terms them; because it is their liberty and privilege, as they are Englishmen, and the law of England allows the same; so that they are not to be termed gazers upon this account, but are legally in that place, to hear trials, and see justice done, and might have spoken, (if occasion had been,) any thing in the prisoner’s defence, tending to clear up the matter in difference, and the court must have heard them or him: and this as a stander-by, or amicus curiæ;[26] so saith Cook.