The rest, being twenty-two in number, pleaded not guilty. Then the jurymen were called, and when they had excepted against one, the judge would not allow it, because he did not like the reason they gave, viz. that they saw envy, prejudice, and a vain deportment in him. Another was excepted against, because he was heard to say, that he hoped ere long, that the Quakers should be arraigned at the bar, and be banished to some land, where there were nothing but bears. At this the court burst out into a laughter; yet the exception was admitted, and the man put by. The prisoners not thinking it convenient to make more exceptions, the jury were sworn; then two witnesses were called, who testified at most, that in such a place they took such persons met together, whose names were specified in writing. Then the prisoners bid the jury, take heed how they did sport or dally with holy things, and that those things, which concerned the conscience, were holy things. And as a man was not to sport with the health or illness of his neighbour, so he was not to sport with the liberty or the banishment of his neighbour. And whereas they were accused of being wicked, dangerous, and seditious sectaries, that was not true; for they were not wicked, but such as endeavoured to live soberly, righteously, and godly in the world; concerning the truth of which, they appealed to themselves. Neither were they seditious, but peaceable. And whereas they were charged for not coming to hear the common prayer, this was incongruous; for the service book was not quite printed several weeks after the said 29th of June; so that they could not be charged of neglecting to hear that which was not to be heard read any where. This puzzled the court not a little; and other pinching reasons were also given by the prisoners, some of whom were men of learning; insomuch that the judge was not able to answer the objections, but by shifts and evasions. At length the jury went out to consult, and one of them was heard to say, as they were going up stairs, Here is a deal to do indeed, to condemn a company of innocent men.'

After some time, the jury coming again, and being asked whether the prisoners at the bar were guilty or

not guilty, they said they were guilty in part, and not guilty in part. But this verdict did not please the judge. The jury then going out again, and prevailing upon one another, quickly returned, and declared the prisoners guilty, according to the form of the indictment. Hereupon the judge Onslow pronounced sentence, viz. That they should return to prison again, and lie there three months without bail; and if they did not make submission according as the law directed, either at or before the end of the aforesaid three months, that then they should abjure the realm: but in case they refused to make abjuration, or after abjuration made, should forbear to depart the realm within the time limited, or should return again without license, they should be proceeded against as felons.

Just before sentence given, the judge said to one of the prisoners, there was a way to escape the penalty, viz. Submission. And being asked, what that was? the judge answered, "To come to common prayer, and refrain these meetings.' The prisoner giving reasons for refusal of both, the judge said, 'Then you must abjure the land.' Abjure,' returned the prisoner, is 'forswear.' To which one of the justices said laughingly, And ye cannot swear at all.' Just as if it were but jest, thus to treat religious men. But they had signified already to the jury, that they must rather die than do so. How long they were kept prisoners, and how released, I could not learn; but this I know, that many in the like cases have been long kept in jail, till sometimes they were set at liberty by the king's proclamation.

In this year it was the share of John Crook, (who himself once had been a justice,) to be taken out of a meeting at London in John's street, as hath been said already, by one Miller, though not in office. And he with others was brought to his trial in the said city, before the lord mayor of London, the recorder of the same, the chief justice Forster, and other judges and justices, among whom was also Richard Brown.

Now since J. Crook published this trial in print, and by that we may judge, as ex ungue leonem, of other trials of the Quakers, I will give it here at large.

J. Crook being brought to the sessions house in the Old Bailey, with two of his friends, viz. Isaac Gray, doctor of physic, and John Bolton, goldsmith: one of the prisoners was called to the bar, and then asked by the

Chief Judge. What meeting was that you were at? Prisoner. I desire to be heard, where is my accuser? Ch. Judge. Your tongue is not your own, and you must not have liberty to speak what you list.

Pris. I speak in the presence and fear of the everlasting God, that my tongue is not my own, for it is the Lord's, and to be disposed of according to his pleasure, and not to speak my own words; and therefore I desire to be heard: I have been so long in prison- -then he was interrupted by the judge.

Judge. Leave your canting; and commanded him to be taken away, which he was accordingly, by the jailer. This was the substance of what the prisoner aforesaid spoke the first time.

C. Judge. Call John Crook to the bar; which the crier did accordingly, he being amongst the felons as aforesaid.

J. C. being brought to the bar:

C. Judge. When did you take the oath of allegiance ? J. C. I desire to be heard.

C. Judge. Answer to the question, and you shall be heard.

J. C. I have been about six weeks in prison, and am I now called to accuse myself? For the answering to this question in the negative, is to accuse myself, which you ought not to put me upon; for, Nemo debet seipsum prodere. I am an Englishman, and by the law of England I ought not to be taken, nor imprisoned, nor disseized of my freehold, nor called in question, nor put to answer, but according to the law of the land; which I challenge as my birthright, on my own behalf, and all that hear me this day; (or words to this purpose.) I stand here at this bar as a delinquent, and do desire that my accuser may be brought forth to accuse me for my delinquency, and then I shall answer to my charge, if any I be guilty of. •No one ought to betray himself. 4

VOL. II.

C. Judge. You are here demanded to take the oath of allegiance, and when you have done that, then you shall be heard about the other; for we have power to tender it to any man.

J. C. Not to me upon this occasion, in this place; for I am brought hither as an offender already, and not to be made an offender here, or to accuse myself; for I am an Englishman, as I have said to you, and challenge the benefit of the laws of England; for by them is a better inheritance derived to me as an Englishman, than that which I received from my parents; for by the former the latter is preserved; and this is seen in the 29th chapter of Magna Charta, and the petition of right, mentioned in the third of Car. I. and in other good laws of England; and therefore I desire the benefit and observance of them: and you that are judges upon the bench, ought to be my counsel, and not my accusers, but to inform me of the benefit of those laws; and wherein I am ignorant, you ought to inform me, that I may not suffer through my own ignorance of those advantages, which the laws of England afford me as an Englishman.

Reader, I here give thee a brief account of my taking and imprisoning, that thou may the better judge what justice I had from the court aforesaid; which is as followeth.

I being in John's street, London, about the 13th day of the Third month, (called May,) with some other of the people of God, to wait upon him, as we were sat together, there came in a rude man called Miller, with a long cane in his hand, who laid violent hands upon me, with some others, beating some, and commanding the constables who came in after him, but having no warrant, were not willing to meddle; but as his threatenings prevailed, they, being afraid of him, joined with him to carry several of us before justice Powel, (so called,) who the next day sent us to the sessions, at Hicks's Hall; where after some discourse several times with them; we manifested to them the illegality both of our commitment, and their proceedings thereupon; yet notwithstanding, they committed me and others, and caused an indictment to be

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drawn against us, founded upon the late act against Quakers and others; and then remanded us to New Prison, where we continued for some days; and then removed us to Newgate, where we remained until the sessions in the Old Bailey aforesaid: whereby thou mayest understand what justice I met withal, by what went before, and now further follows:

Ch. Judge. We sit here to do justice, and are upon our oaths; and we are to tell you what is law, and not you us: therefore, sirrah, you are too bold.

J. C. Sirrah is not a word becoming a judge: for I am no felon neither ought you to menace the prisoner at the bar: for I stand here arraigned as for my life and liberty, and the preservation of my wife and children, and outward estate, (they being now at the stake ;) therefore you ought to hear me to the full, what I can say in my own defence, according to law, and that in its season, as it is given me to speak: therefore I hope the court will bear with me, if I am bold to assert my liberty, as an Englishman, and as a Christian; and if I speak loud, it is my zeal for the Truth, and for the name of the Lord; and mine innocency makes me bold—

Judge. It is an evil zeal; interrupting John Crook.

J. C. No, I am bold in the name of the Lord God Almighty, the everlasting Jehovah, to assert the Truth, and stand as a witness for it; let my accuser be brought forth, and I am ready to answer any court of justice.

Then the judge interrupted me, saying, sirrah, with some other words I do not remember. But I answered, You are not to threaten me, neither are those menaces fit for the mouth of a judge; for the safety of the prisoner stands upon the indifferency of the court: and you ought not to behave yourselves as parties, seeking all advantages against the prisoner, but not heeding any thing that may make for his clearing or advantage. The judge again interrupted me, saying,

Judge. Sirrah, you are to take the oath, and here we tender it you, (bidding, read it.)

J. C. Let me see mine accuser, that I may know for what cause I have been six weeks imprisoned, and do not