C. Judge. Friend Crook, we have given you time to consider of what was said yesterday to you by the court, hoping you may have better considered of it by this time; therefore, without any more words, will you take the oath? And called to the clerk, and bid him read it.

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.

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.

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.

[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.

Judge. Yes, if there be new matter; or if there fall out any emergent occasion whereby you may minister on your part new occasion: Mr. Crook, will you swear?

J. C. If I do take it to-day, it may be tendered me again to-morrow, and so next day, ad infinitum, whereby a great part of my time may be spent and taken up, in taking the oath and swearing.

Ch. Judge. When you have (once) sworn, you may not be put upon it again, except you minister occasion on your part.

J. C. Is this the judgment of the court, that the oath (once) taken by me is sufficient, and ought not to be tendered a second time, without new matter ministered on my part?

Judge. Yes; you making it appear you have (once) taken it.

J. C. Is this the judgment of the whole court? For I would not do any thing rashly.

Judges. Yes, it is the judgment of the court; to which they all standing up, said, Yes.

J. C. Then it seems there must be some new occasion ministered by me after I have (once) taken it, or it ought not to be tendered to me the second time.

Judges. Yes.

J. C. Then by the judgment of this court, if I may make it appear that I have taken the oath (once) and I have ministered no new matter on my part, whereby I can be justly charged with the breach of it, then it ought not to be tendered to me the second time: but I am the man that have taken (once) being a freeman of the city of London, when I was made free; witness the records in Guildhall, which I may produce, and no new matter appearing to you on my part; if there do, let me know it; if not, you ought not, by your own judgment, to tender me it the second time; for de non apparentibus et non existentibus eadem ratio est.[27]—Interrupted by the shout of the court, when these last words might have been spoken.

[27] That which doth not appear, is to be judged of as that which doth not exist.

Judge. Mr. Crook, you are mistaken, you must not think to surprise the court with criticisms, nor draw false conclusions from our judgments.

J. C. If this be not a natural conclusion from the judgment of the court, let right reason judge; and if you recede from your own judgments in the same breath, (as it were,) given even now, what justice can I expect from you? For, if you will not be just to yourselves, and your own judgments, how can I expect you should be just to me?

Judge. Mr. Crook, if you have taken it, if there be a new emergency, you are to take it again; as for instance, the king hath been out of England, and now is come in again; there be many that have taken it twenty, thirty, or forty years since, yet this new emergency requires it again; and although you have taken it, yet you must not make it appear before you answer guilty, or not guilty; therefore do not wrong yourself, and prejudice yourself and family: do you think that every fellow that comes hither, shall argue as you do? We have no more to do, but to know of you, whether you will answer (guilty, or not guilty,) or take the oath, and then you shall be freed from the indictment: if you will not plead, clerk, record it: What say you? Are you guilty, or not guilty?

J. C. Will you not stand to your own judgments? Did you not say, even now, that if I had (once) taken the oath, it ought not to be tendered to me the second time, except I administered new matter on my part that I have not kept it, &c. But no such matter appearing, you ought not to tender it to me the second time, by your own confession, much less to indict me for refusal.

Judge. If you will not plead, we will record it, and judgment shall be given against you; therefore say, guilty, or not guilty, or else we will record it. (The clerk beginning to record it.)

J. C. Before I answer, I demand a copy of my indictment; for I have heard it affirmed by counsel learned in the law, that if I plead before I have a copy, or have made my exceptions, my exceptions afterwards against the indictment will be made void: therefore I desire a copy of the indictment.

Judge. He that said so, deserves not the name of a counsel; for the law is, you must first answer, and then you shall have a copy. Will you plead guilty or not guilty?

J. C. If my pleading guilty, or not guilty, will not deprive me of the benefit of quashing the indictment for insufficiency, or other exceptions that I may make against it, I shall speak to it.

Judge. No, it will not. Will you answer, guilty, or not guilty. If you plead not, the indictment will be found against you: will you answer? We will stay no longer.

J. C. I am upon the point: will not my pleading deprive me of the benefit of the law? For I am tender in that respect, because it is not my own case only, but may be the case of thousands more; therefore I would do nothing that might prejudice others, or myself, as a Christian, or as an Englishman.

Judge. Understand yourself, (but we will not make a bargain with you, said another judge,) you shall have the right done you as an Englishman, the way is to answer, guilty or not guilty: if you plead, and find the indictment not good, you may have your remedy; answer, guilty or not guilty?

J. C. As to the indictment it is very large, and seems to be confused, and made of some things true, and some things false; my answer therefore is, what is true in the indictment I will not deny, because I make conscience of what I say, and therefore, of what is true, I confess myself guilty, but what is false, I am not guilty of.

Judge. That is not sufficient, either answer guilty, or not guilty, or judgment will be given against you.

J. C. I will speak the truth, as before the Lord, as all along I have endeavoured to do: I am not guilty of that which is false, contained in the indictment, which is the substance thereof.

Judge. No more ado; the form is nothing, guilty, or not?

J. C. I must not wrong my conscience, I am not guilty of what is false, as I said before; what is true, I am guilty of; what is not true, I am not guilty of that; which is the substance thereof, as I said before.

Recorder. It is enough, and shall serve turn. Enter that, clerk.


The seventh day of the week, called Saturday.

Silence being made, John Crook was called to the bar. The clerk of the sessions read something concerning the jury, which was impanneled on purpose, (as we said,) the jury being discharged who were eye-witnesses of what passed between us and the court: and this jury, were divers of them soldiers, some of whom did by violence and force pull and haul Friends out of their meetings, and some of us out of our houses; and these were of the jury by whom we were to be tried. The clerk reading the indictment, (as I remember.)

J. C. I desire to be heard a few words, which are these, that we may have liberty till the next quarter sessions to traverse the indictment, it being long and in Latin, and like to be a precedent: and I hope I need not press it; because I understood that you promised, (and especially the recorder, who answered, when it was desired, you shall,) that we should have counsel also, the which we cannot be expected to have had the benefit of as yet, the time being so short, and we kept prisoners, that we could not go forth to advise with counsel, neither could we tell how to get them to us; we having no copy of the indictment before this morning; and because so suddenly hurried down to the sessions, we cannot reasonably be supposed to be provided, (as to matter of law,) to make our defence.

Judge. We have given you time enough, and you shall have no more; for we will try you at this time, therefore swear the jury.

J. C. I desire we may have justice, and that we may not be surprised in our trial, but that we may have time till the next quarter sessions, our indictment being in Latin, and so large as it is; and this is but that which is reasonable, and is the practice of other courts: for, if it be but an action above forty shillings, it is not ordinarily ended under two or three terms. And in the quarter sessions, if one be indicted for a trespass, if it be but to the value of five shillings, he shall have liberty to enter his traverse, and upon security given to prosecute, he shall have liberty till the next sessions, which is the ordinary practice: which liberty we desire, and we hope it is so reasonable, it will not be denied, especially upon this occasion, we being like to be made a precedent: and courts of justice have used to be especially careful in making of precedents; for we are not provided, according to law, to make our defence at this time; and therefore if we be put upon it, it will be a surprisal.

Judge. There is no great matter of law in the case; it is only matter of fact, whether you have refused to take the oath or not; this is the point in issue: and what law can arise here?

Recorder. Mr. Crook, the keeper of the prison was spoken to, to tell you, that we intended to try you this day, and therefore ordered him that counsel might come to you if you would; and also that the clerk should give you a copy of the indictment: this is fair; therefore we will go on to swear the jury, for the matter is, whether you refuse the oath, or not? And that is the single point, and there needs neither law nor counsel in the case; and therefore we considered of it last night, when we sent you word, and did determine to try you; and therefore it is in vain to say any thing, for the court is resolved to try you now; therefore swear the jury, cryer.

J. C. I hope you will not surprise us: then the other prisoners, (who also were indicted,) cried out, (having spoken something before,) let us have justice, and let not the jury be sworn till we be first heard. So there was a great noise, the court being in a confusion, some crying, Take them away; others, Stay, let them alone; others saying, Go on to swear the jury; and the cryer, in this uproar and confusion, did do something as if he had done it: then we all cried out for justice and liberty till the next sessions; the court being in a confusion, some crying one thing, and some another, which now cannot be called to mind, by reason of the great distraction that was in the court; neither what we said to them, nor they to us, the noise was so great, and the commands of the court so various to the officers, some commanding them to take us away; others, to let us alone; others, to bring us nearer; others cried, put them into the bail-dock; others, to put them within the furthest bar where the felons use to stand; which we were forced into accordingly. And in this hurlyburly and confusion that was amongst them, some men were sworn, to testify that we refused to take the oath, which we never positively did; other officers of the court, whom they would have sworn, refused to swear, though pressed to it by the chief justice, they desired to be excused. Then spake one of the prisoners again pretty much, but could hardly be understood, by reason of the noise in the court: but the people, to whom he spake with a loud voice, by way of exhortation, might hear the substance of what he said, which cannot now particularly be called to mind; but it was to express the presence and love of God to himself, and to exhort others to mind his fear, that they also might be acquainted with God, &c.

Judge. Stop his mouth, executioner. Which was accordingly done.

Prisoners. Then we cried out, will you not give us leave to speak for ourselves? We except against some of the jury, as being our enemies, and some of them who by force commanded us to be pulled out of our meetings, contrary to law, and carried us to prison without warrant, or other due process of law; and shall these be our judges? We except against them.

Judge. It is too late now, you should have done it before they had been sworn jurymen. Jury, go together, that which you have to find, is whether they have refused to take the oath, or no, which hath been sworn before you that they did refuse: you need not go from the bar. And like words said the recorder and others, there being a confusion and noise in the court, many speaking together.

Prisoners. Then we cried for justice, and that we might be heard, to make our defence, before the jury gave their verdict; but the judge and recorder said, we should not be heard, (making good by their practice, what the chief judge had said the day before, viz. That if we had liberty to speak, we would make ourselves famous and them odious,) crying again stop their mouths, executioner; which was done accordingly, with a dirty cloth, and also endeavoured to have gagged me, striving to get hold of my tongue, having a gag ready in his hand for that purpose; and so we were served several times. Then I called out with a loud voice, Will you condemn us without hearing? This is to deal worse with us, than Pilate did with Christ, who, though he condemned him without a cause, yet not without hearing him speak for himself; but you deny us both.

Judge. Let Mr. Gray come to the bar. Room being made, he was conveyed to an officer in the inner bar, where he spake to the court to this purpose: I desire to know whether, according to law, and the practice of this court, myself and my fellow prisoners, may have liberty to put in bail, to prosecute our traverse at the next sessions?

Court. No, we will try you presently.

Judge. Stop their mouths, executioner: and this was the cry of many upon the bench, they being still in a continued confusion; some crying to the jury, Give in your verdict, for we will not hear them; with other words which could not be heard for the noise, the court being in confusion.

J. C. You might as well have caused us to have been murdered before we came hither, as to bring us hither under pretence to try us, and not give us leave to make our defence; you had as good take away our lives at the bar, as to command us thus to be abused, and to have our mouths stopped: was ever the like known? Let the righteous God judge between us. Will you hear me? You have often promised that you would.

Judge. Hear me, and we will hear you: then he began to speak, and some others of the bench interrupted him: sometimes they speaking two or three at a time, and a noise amongst the officers of the court: but the judge said, We may give you liberty till the next sessions, but we may choose; and therefore we will try you now.

J. C. I bade the people take notice of their promise, that I should have liberty to speak, saying, See now you be as good as your words.

Judge. The law of England is not only just, but merciful; and therefore you shall not be surprised, but shall have what justice the law allows—Interruption.

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.

WILD.

[29] This is error, for R. C. arm. was not before named.

[30] This is error, because, it is not said, ‘Et subditi d’ni regis.’

[31] This should be prorogationes, for there was a double prorogation.

[32] This is error, because it wants A. B.

[33] It ought to be with some expression of ‘mutatis mutandis,’ of the name of King Charles the Second, instead of King James, who is only named in the act. This is error, it is not agreeable to the statute; for that saith only King James: and certainly the statute intended no otherwise; for it is said, For the trial of his majesty’s subjects, how they stand affected, &c. and not the subjects of his majesty’s heirs and successors.

[34] (My) not in the statute.

[35] Ad pacem conservand. nec non, &c. left out.

[36] Et ibidem, is left out.

[37] Generalis, left out.

[38] Contra debitam quoadlibet eor. Legeanciam, ought here to be inserted; for if he be not a natural subject, the oath is not to be tendered to him. Immediately after the tender to J. C. J. B. and J. G. though they be termed, sub ditos dci: end: Re.

Any Englishman that understands Latin, may, notwithstanding the abbreviations, indifferently understand this indictment; but a foreigner not understanding English, though a scholar, will be at a loss in many places; yet to complete my work, I thought it convenient not to omit such an authentic piece.

Memorand. That in the writ of Oyer and Terminer, Pacsche 9 Hen. 8. upon the insurrection in London, it was resolved clearly by all the justices of England, that the justices of Oyer and Terminer cannot inquire one day, and the same day determine; no more can the justices of the peace, &c. But the justices of jail delivery, and justices in Eyre, may well do it; El. 8. Keyleway’s Rep. f. 159. b. pl. 2. But they do not call themselves so in the indictment.

If one in his absence be found guilty of an offence, whereby he incurs a premunire, he hath two months time allowed him after he is outlawed, to be heard, 27 Ed. 3 1 cap. Coke upon Littleton, sect. 201. fo. 134. b. saith, That the ancient law was, upon trials for felony, &c. the defendant had fifteen days time, or more, (if he prayed it,) to consider of his answer.

With this agrees Britton, fo’ 10. b.

Fortescue in libro de laudib. legum Angliæ.

Mirror of Justice, cap. 4. sect. 7.

The statute of 28 Edw. 1. 9. provides that inquests shall be of the next neighbours, most sufficient, and least suspicious, upon penalty of double damages.

25 Edw. 3. cap. 3. No indictor be upon the inquests for felony nor trespass, if challenged.

34 Edw. 3. 4. Juries to be of the next people, not to be suspected or procured. With this agrees Regist. fo. 178.

11 Hen. 4. 9. That if any indictment be made, but by inquest returned by the sheriff, (without denomination to him of their names,) by any but his sworn officer, it shall be void.


By these and the like treatments, we see how the persecutors endeavoured to root out the Quakers, if possible; for the effecting of which, alderman Richard Brown did whatever he could, continually letting loose the reins to his exorbitant malice, without regarding whether that which he was bent against, was really punishable, or not, whereof the following instance may serve for an evidence.

A certain mender of old shoes, who belonged to the society of the Quakers, was desired by a labouring man, on a Seventh day of the week, late at night, to mend a pair of shoes for him, that he might have them again in the morning, because he had no other to wear. The cobler, to accommodate the man, set up at work till after midnight; but the shoes not being finished then, he went to bed, and rising early in the morning, went to his work again as privately as he could in his chamber; but an envious neighbour informed against him for working on a Sunday; whereupon he was had before the said R. Brown, who committed him to Bridewell, to be there kept to hard labour. And he refusing to beat hemp, as being fully persuaded that he had not deserved such a punishment, was cruelly whipt, but he bore it with great constancy, and not yielding, he was turned up among those of his society, who were imprisoned there on a religious account.

As this case, which befel an honest man, was to be pitied, so there happened about that time, something among the Quakers at London, which was facetious and ridiculous: for several of them being taken out of their religious meetings, were confined in Newgate, where in the night they lodged in a large room, having in the middle of it a great pillar, to which they fastened their hammocks at the one end, and to the opposite wall on the other, quite round the room, in three stories high, one over another; so that they who lay in the upper and middle rows were fain to go to bed first, being obliged to climb up to the higher, by getting into the lower: and under the lower rank of hammocks, by the wall side, were laid beds, upon the floor. Such a multitude of bedding for so many persons in one room, could not but somewhat infect the air, and cause an unhealthy steam: so that some of the prisoners grew sick, and one of them died. This caused some bustle, and it was not without good reason that an ancient grave citizen, having seen the prisoners thus crowded up, said, This is enough to breed an infection among them. And this having been told by Sir William Turner, one of the sheriffs of London, he came into Newgate, and bidding the turnkey bring down the said prisoners to him in the press-yard, were he was, he ordered they should return to Bridewell, where they had been before.

Now among these was a shabby fellow, who, to get victuals without working, had thrust himself among the Quakers, when they were taken at a meeting, on purpose to be sent to prison, and to be maintained by them. This lazy varlet was no small burden to our prisoners; for whenever any victuals were brought in to them, either for their money, or sent to them by their friends, he did not stick to thrust in with his knife in hand, and make himself his own carver; and such was his impudence, that if he saw the provision was short, he would be sure to take enough, though others wanted. But how burdensome soever this lazy drone was to the prisoners, they could get no relief; for to whom should they complain? Since the keepers, as well as others, were for vexing and oppressing them. But now at length an opportunity was come to be rid of his troublesome company. Among the prisoners was Thomas Ellwood, a man of literature, and of an acute wit, with whom, long after, I entered into a familiar and pleasing correspondence by letters. The said Ellwood, when he had heard that they were to be sent to Bridewell, drew near to the sheriff, and pointing to the aforesaid fellow, said, That man is not only none of our company, but an idle dissolute fellow, who hath thrust himself among our friends, that he might live upon them; therefore I desire we may not be troubled with him at Bridewell. The sheriff smiling, and seeing this fellow standing with his hat on, and looking as demurely as he could, that the sheriff might take him for a Quaker, called him forth, and said to him, ‘How came you to be in prison?’ ‘I was taken at a meeting,’ said he. ‘But what business had you there,’ said the sheriff. ‘I went to hear,’ returned the fellow. ‘Ay, you went upon a worse design, it seems,’ replied the sheriff; ‘but I will disappoint you,’ continued he; ‘for I will change your company, and send you to them that are like yourself.’ Then calling for the turnkey, he said, ‘Take this fellow, and put him among the felons; and be sure let him not trouble the Quakers any more.’ The fellow, not a little astonished at the hearing of this doom, on a sudden parted with his Quakership; for off went his hat, and falling to bowing and scraping, he said to the sheriff, ‘Good your worship have pity upon me, and set me at liberty.’ ‘No, no,’ said the sheriff, ‘I will not so far disappoint you: since you had a mind to be in prison, in prison you shall be for me.’ Then bidding the turnkey once more to take him away, he had him up, and put him among the felons. After this manner this pretended Quaker was rewarded according to his deeds; and so the true Quakers got rid of him.

Breaking off now this jocose and diverting, though true, narrative, I return to a serious relation of the sufferings of the faithful, which caused the death of some of them; among these was Richard Hubberthorn, who some time before, as hath been related, had a conference with the king; who then promised him, that he and his friends should not suffer for their opinions or religion. But now he was in the month called June, violently hauled from the meeting, bearing the name of the Bull and Mouth, and brought before alderman Richard Brown, who with his own hands pulled down his hat upon his head with such violence, that he brought his head near to the ground, and then committed him to Newgate, where being thronged among others, he soon grew sick; and his sickness so increased, that he had hardly been two months in prison, before he was taken away by death. Two days before his departure, being visited by some of his friends, who asked him if any thing was upon his spirit, he said, that there was no need to dispute matters, for he knew the ground of his salvation, and was satisfied for ever in his peace with the Lord. He also said, ‘That faith which hath wrought my salvation, I well know, and have grounded satisfaction in it.’ In the morning before he deceased, one Sarah Blackberry was with him, to whom he said, ‘Do not seek to hold me, for it is too strait for me, and out of this straitness I must go; for I am wound into largeness, and am to be lifted up on high, far above all.’ In this frame of mind he departed this life, in the evening, and so entered with happiness into eternity.

Now I come also to the glorious exit of E. Burrough, that valiant hero, of whom mention hath often been made in this history. For several years he had been very much in London, and there preached the gospel with piercing and powerful declarations. And that city was so near to him, that oftentimes, when persecution grew hot, he said to Francis Howgill, his bosom friend, ‘I can freely go to the city of London, and lay down my life for a testimony to that Truth, which I have declared through the power and Spirit of God.’ Being in this year at Bristol, and thereabouts, and moved to return to London, he said to many of his friends, when he took his leave of them, that he did not know he should see their faces any more; and therefore he exhorted them to faithfulness and steadfastness, in that wherein they had found rest for their souls. And to some he said, ‘I am now going up to the city of London again, to lay down my life for the gospel, and suffer amongst Friends in that place.’

Not long after, coming to London, and preaching in the meeting-house called the Bull and Mouth, he was violently pulled down by some soldiers, and had before alderman Richard Brown, and committed to Newgate. Several weeks afterwards, being brought to the sessions-house in the Old Bailey, he was fined by the court twenty marks, and to lie in prison till payment. But judging this unreasonable in a high degree, he could not bend thereto for conscience-sake. He was kept there in prison about eight months, with six or seven score prisoners beside, upon the same account. But they being so crowded, that for want of room their natures were suffocated, many grew sick and died, of which number he was one. And though a special order from the king, was sent to the sheriffs of London, for his and some other prisoners’ release, yet such was the enmity of some of the city magistrates, especially Brown, that they did what was in their power to prevent the execution of the said order. And thus E. Burrough continued prisoner, though his sickness increased. During the time of his weakness, he was very fervent in prayer, as well for his friends as for himself; and many consolatory and glorious expressions proceeded from his mouth. Once he was heard to say, ‘I have had the testimony of the Lord’s love unto me from my youth: and my heart, O Lord, hath been given up to do thy will. I have preached the gospel freely in this city, and have often given up my life for the gospel’s sake; and now, O Lord, rip open my heart, and see if it be not right before thee.’ Another time he said, ‘There is no iniquity lies at my door; but the presence of the Lord is with me, and his life I feel justifies me.’ Another day he was thus heard in prayer to God, ‘Thou hast loved me when I was in the womb; and I have loved thee from my cradle: and from my youth unto this day; and have served thee faithfully in my generation.’ And to his friends that were about him, he said, ‘Live in love and peace, and love one another.’ And at another time he said, “The Lord taketh the righteous from the evil to come.” And praying for his enemies and persecutors, he said, ‘Lord, forgive Richard Brown, if he may be forgiven.’ And being sensible that death was approaching, he said, ‘Though this body of clay must turn to dust, yet I have a testimony that I have served God in my generation; and that spirit which hath lived and acted, and ruled in me, shall yet break forth in thousands.’ The morning before he departed this life, (which was about the latter end of this year,) he said, ‘Now my soul and spirit is centred into its own being with God; and this form of person must return from whence it was taken.’ And after a little season he gave up the ghost. This was the exit of E. Burrough, who, in his flourishing years, viz. about the age of eight and twenty; in an unmarried state, changed this mortal life for an incorruptible, and whose youthful summer flower was cut down in the winter season, after he had very zealously preached the gospel about ten years.

About the 19th year of his age, he first came to London with a public testimony, and continued almost eight years together to preach the word of God in that city, with great success; so that many came to be convinced, and great addition was made to the church there. In his youth he surpassed others of his age in knowledge; and though G. Croese, who wrote the pretended history of the Quakers, calls him a rustic fellow, yet he was no more such than the said author himself, who is a country preacher: for he was well educated and instructed in that learning which the place of his nativity, viz. the barony of Kendal in Westmoreland, afforded. Insomuch, that though he was not skilful in languages, yet he had the tongue of the learned; and in his public ministry was very fluent, and elegant in speech, even according to the judgment of learned men.

His enemies now began to rejoice, for they seemed to imagine that the progress of that doctrine, which he so powerfully and successfully had preached, by his decease would have been stopped or retarded: but they made a wrong reckoning. Francis Howgill then gave forth a kind of epicedium, which though in prose, yet was not void of poetical expressions, and was as followeth.