[26] A friend of the court.
J. C. The law is built upon right reason, or right reason is the law; and whatever is contrary to right reason, is contrary to law; the reason of the law, being the law itself. I am no lawyer, and my knowledge of it is but little, yet I have had a love to it for that reason I have found in it, and have spent some leisure hours in the reading thereof; and the law is that which I honour, and is good in its place; many laws being just and good, not all, but, I say, a great part of them, or much of them; and it is not my intention in the least to disparage, or derogate from them.
Judge. Mr. Crook, you have been told, you must plead guilty or not guilty, or else you run yourself into a premunire; be not your own enemy, nor be so obstinate.
J. C. I would not stand obstinately before you, neither am I so; if you understand it otherwise, it is a mistake indeed.
Judge. Will you speak to the indictment, and then you may plead? If you will not answer guilty, or not guilty, we will record it, and judgment shall go against you. Clerk, enter it.
Recorder. Mr. Crook, if you will answer, you may plead for yourself: or will you take the oath? The court takes no notice how you came hither; what say you? Will you answer? For a man may be brought out of Smithfield by head and shoulders, and the oath tendered to him, and may be committed, without taking notice how he came here.
J. C. That kind of proceeding is not only unjust, but unreasonable also—(here was some interruption,) and against the laws aforesaid, which say, No man shall be taken or imprisoned but by warrant, or due process of law: so that this speech of the recorder’s, savours more of passion than justice; and cruelty, than due observance of law; for every forcible restraint of a man’s liberty, is an imprisonment in law. Besides, this kind of practice, to take men by force, and imprison them, and then ask them questions, the answering of which makes them guilty, is not only unrighteous in itself, but against law, and makes one evil act the ground of another; and one injury offered to one, the foundation of another; and this is my case this day—Interruption.
Judge. Mr. Crook you must not be your own judge, we are your judges; but for our parts we will not wrong you: will you answer, guilty or not guilty? If not, you will run yourself into a premunire unavoidably, and then you know what I told you would follow; for we take no notice how you came hither, but finding you here, we tender you the oath.
J. C. Then it seems you make the law a trepan to ensnare me, or as a nose-of-wax, or what you please: well, I shall leave my cause with the Lord God, who will plead for me in righteousness. But suppose I do take the oath (now,) at this time, you may call me again, (to-morrow,) and make a new tender; or others may call me before them.