J. C. I remember what the judge said even now, that the law of England was a merciful law; that the court had said before, they might if they would, give us liberty till the next sessions, but they would not; and the maxim of the law also is, Summum jus est summa injuria;[28] therefore I hope your practice will make it good, that it is a merciful law; and not to execute summum jus, &c. upon me, and thereby condemn yourselves out of your own mouths.
[28] The extreme of the law is extreme injustice.
Judge. Jury, give in your verdict.
J. C. Let me have liberty first to speak, it is but few words, and I hope I shall do it with what brevity and pertinency my understanding will give me leave, and the occasion requires; it is to the point in these two heads, viz. Matter of law, and matter of conscience: to matter of law I have this to say, First, as to the statute itself, it was made against the Papists, occasioned by the gunpowder plot, and is entitled, for the better discovery and suppressing of Popish Recusants: but they have liberty, and we are destroyed, what in you lies—(Interrupted by the judges and disturbance of the court.) As to conscience, I have something to say, and that is, it is a tender thing, and we have known what it is to offend it; and therefore we dare not break Christ’s commands, who hath said, Swear not at all; and the apostle James said, Above all things my brethren swear not.—(Interrupted.) The court calling again to the executioner to stop my mouth; which he did accordingly, with his dirty cloth, as aforesaid, and his gag in his hand.
Judge. Hear the jury; who said something to him, which was supposed to give in the verdict, according to his order; for they were fit for his purpose, as it seems, they beginning to lay their heads together, before we had spoke any thing to them, only upon his words.
Judge. Cryer, make silence in the court: then the recorder, taking a paper into his hand, read to this purport, viz. The jury for the king do find, that John Crook, John Bolton, and Isaac Gray, are guilty of refusing to take the oath of allegiance; for which you do incur a premunire, which is the forfeiture of all your real estates during life, and your personal estates for ever; and you to be out of the king’s protection, and to be imprisoned during his pleasure: and this is your sentence.
J. C. But we are still under God’s protection.
Then the prisoners were remanded to Newgate, where J. Crook found opportunity to make a narrative of the whole trial, which was printed as aforesaid, together with the Latin indictment, in which he showed several errors, either by wrong expressions, or by omissions. Thus the injustice of these arbitrary proceedings were exposed to public view, when this trial appeared in print; that the king himself might see thereby, how ill his subjects were treated. But at that time there were so many among the great ones and bishops, who were inclined to promote the extirpation of the Quakers, that there seemed no human help. J. Crook showed also circumstantially, how in many cases of trial, they had acted against law; for he himself having formerly been a justice, knew well enough how, and after what manner, justice ought to be administered and maintained. How long he continued prisoner, I cannot tell. But by this trial alone the reader may see, how the Quakers, so called, were treated in regard of the oath; and such kind of proceeding was the lot of many of them, because the intent of those in authority seemed to be to suppress them quite.
Now follows, (to continue J. Crook’s words,) a copy of the indictment, with some notes and observations on the same; whereby it may appear, how false it is, and how easily it might have been quashed for insufficiency, had we been allowed time, (which by law they ought to have granted,) and been suffered to have made our own defence; but that they would not do, but stopped our mouths, as before is said, by the hands of the executioner, to prevent what otherwise, (as the judge said,) might have come to pass, viz. having liberty to make our defence, by that means we should make ourselves famous, and them odious.
London session. Jur. pro dno. rege super sacra. suu. presentant qd. ad general. quarterial. session. pacis d’ni. regis tent. pro civitat. London. apud Guihald. ejusdem civitat. die Mercurij scilt. vicesimo quinto die Junij anno regni d’ni. n’ri. Caroli sc’di Dei gra. Angliæ, Scot’ Franc, & Hiberniæ Regis Fidei defensor. &c. quarto decimo, coram Joh. Frederick milite, majore civitat. London. Thoma Adams milite & baronet, Rico’ Brown milite & baronet, & Thoma Aleyn milite & baronet, aldr’is d’ce civitat. ac al. socii, suis justic. d’ci. d’ni regis ad pacem in civitat. præd. conservand. Necnon ad diver’s felon. transgr. & al. malef’ca infra eandem civitat. perpetrat. audiend. & terminand. assign. sessio. ista pacis adjornat. fuit. per præfat. Justic. dc’i d’ni regis ib’m usq; diem Jovis scilt. vicesim. sext. diem ejusdem mensis Junij anno supradicto ad horam septimam ante merid. ejusdem diei apud justicehall in le Old Bailey in paroch. sci. Sepulchri in warda de Farringdon extra London. præd. tenend. coram præfat justic. & al. sociis suis. ad faciend. ulterius prout. cur. con. &c. Ac ad eundem diem Jovis. vicesimum sextum diem Junii anno quarto decimo supradicto general. quarterial. sessio ista pacis tent. fuit pro civitat. London. præd. per adjornament. præd. aput justicehall præd. in paroch & ward. præd. coram præfat. Johe Frederick milite, majore civitat. London. Thoma Adams milite & baronet, Ricardo Brown milite & baronet, & Thoma Aleyn milite & baronet. aldr’is d’ce civitat ac Willo’ Wilde milite & baronet, uno scrivien. dci. d’ni regis ad legem ac recordator. civitat. præd. ac. al. sociis suis justic. d’ci d’ni regis ad pacem in civitat. præd. conservand. Necnon ad divers. felon. transgr. & al malefaca. infra. eandem civitat. perpetrat. audiend. & terminand. assign. Ac ad tunc & ibm. præd. general. quarterial. sessio pacis præd. ulterius adjornat. fuit per præfat. justic. usque diem veneris, scilt. vicesim septem. diem. dci. mensis Junii, anno quarto decimo supradicto, ad horam septimam ante merid. ejusdem diei apud justicehall præd. in parochia & warda præd. tenend. coram præft. justic. & al sociis suis ad faciend. ulterius. prout cur. con. Ac superinde ad istam eandem general. quarterial. session. pacis tent. pro civitat. London. per adjornament. præd. apud justicehall præd. in paroch. & warda præd. dco. die veneris vicesimo septimo die Junii, anno quarto decimo supradicto coram præfat. Johe Frederick milite, majore civitat. London.’ Thoma Adams milite & baronet, Rico’ Brown milite & baronet, Rico’ Chiverton armigero,[29] & Thoma Aleyn milite & baronet, aldr’is d’ce civitat. ac. Willo’ Wilde milite & baronet. uno scriven. d’ci. d’ni regis ad legem ac recordator. ejusdem civitat. ac al sociis suis justic. d’ci d’ni regis ad pacem in civitat. præd. conservand. Necnon ad divers. felon. transgr. & al. malef’ca infra eand. civitat. perpetrat. audiend. & terminand, assign. in aperta general. quarterial. session. præd præfat. justiciar. pacis ult no’iat. existentes major pars justic. pacis ipsius d’ni regis infra d’cam civitat. London’ ad tunc scilt. d’co. vicesimo. septimo die Junii anno quarto decimo suprad’co. apud d’cam paroch. sci Sepulchri in warda de Farringdon extra. London. præd. presen. existend. obtuler. (Anglice did tender) Johi Crook nuper de London. aurifabro, & Isaac Gray nuper de London. generoso & eor. cuilibt separatim per se, (ad tunc existen. et cuilbt. eor. existen. ultra ætat. octodecim annor.)[30] Jurament. content. in quodam Actu in Parliament. D’ni Jacobi nuper regis Angliæ tent. per. prorogationem[31] apud Westm. in com. Middles. quinto die Novembris Anno Regni sui Angliæ Franc. et Hiberniæ tertio, et Scotiæ tricesimo nono nuper edit. et provis in his Anglicanis verbis sequen. viz. I[32] do truly and sincerely acknowledge, profess, testify, and declare, in my conscience, before God and the world, that our sovereign lord King Charles the Second[33] is lawful and rightful king of this realm, and of all other his majesty’s dominions and countries: and that the pope, neither of himself, nor by any authority of the church, or see of Rome, or by any other means with any other, hath any power or authority to depose the king, or to dispose of any of his majesty’s kingdoms or dominions, or to authorize any foreign prince to invade or annoy him or his countries, or to discharge any of his subjects of their allegiance and obedience to his majesty, or to give license or leave to any of them to bear arms, raise tumults, or to offer any violence or hurt to his majesty’s royal person, state or government, or to any of his majesty’s subjects, within his majesty’s dominions. Also, I do swear from my heart, that notwithstanding any declaration, or sentence of excommunication, or deprivation, made or granted, or to be made or granted by the pope, or his successors, or by any authority derived, or pretended to be derived from him or his see, against the said king, his heirs or successors, or any absolution of the said subjects from their obedience; I will bear faith and true allegiance to his majesty, his heirs and successors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever, which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, otherwise; and will do my best endeavours to disclose and make known unto his majesty, his heirs, and successors, all treasons and traiterous conspiracies, which I shall know or hear of, to be against him or any of them. And I do further swear, that I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, that princes which be excommunicated or deprived by the pope, may be deposed or murdered by their subjects, or any other whatsoever. And I do believe, and in my[34] conscience am resolved, that neither the pope, nor any person whatsoever, hath power to absolve me of this oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this recognition and acknowledgment heartily, willingly, and truly, upon the true faith of a Christian. So help me God. Ac ad prefat. justic. pacis ult. no’iat[35] ad tunc[36] scilt. d’co. vicesimo septimo die Junii anno quarto decimo superadicto apud paroch. et ward. præd. in d’ca[37] quarterial session. pacis præd. eosdem Joh’em Crooke, Joh’em Bolton, et Isaacum Gray, et eor. quemlibt. separatum per se requisiver. ad jurament. illud super. sacrosco. Dei Evangel. capiend. quodq.; iidem, Johes Crooke, Johes Bolton, et Isaacus Gray, jurament. præd. sic per pr. noi’at justic. pacis ejusdem Johi Crooke, Johi Bolton, et Isaaco Gray, ut præfectur oblat. et requisit. ad tunc et ibm. obstinate et pertinaciter cape. recusaver. et quilibt. eor. recusavit.[38] In malum exemplum omniu. alior. dcti. d’ni regis nunc fidel. subdit. Et in contempt. d’ici. d’ni. regis nunc legumq; suar. contra formam statut. præd. Ac contra pacem d’ci. d’ni regis nunc coron. et dignitat. suas, &c.