put me to accuse myself by asking me questions; but either let my accuser come forth, or otherwise let me be discharged by proclamation, as you ought to do-Here I was interrupted again.

Judge Twisden. We take no notice of your being here otherwise than of a straggler, or as any other person, or of the people that are here this day; for we may tender the oath to any man. And another judge spake to the like purpose.

J. C. I am here at your bar as a prisoner restrained of my liberty, and do question whether you ought in justice to tender me the oath on the account I am now brought before you, because I am supposed to be an offender; or else why have I been six weeks in prison already? Let me be cleared of my imprisonment, and then I shall answer to what is charged against me, and to the question now propounded; for I am a lover of justice with all my soul, and am well known by my neighbours, where I have lived, to keep a conscience void of offence, both towards God, and towards man.

Judge. Sirrah, leave your canting.

J. C. Is this canting, to speak the words of the scripture? Judge. It is canting in your mouth, though they are Paul's words.

J. C. I speak the words of the Scripture, and it is not canting, though I speak them; but they are words of truth and soberness in my mouth, they being witnessed by me, and fulfilled in me.

Judge. We do ask you again, whether you will take the oath of allegiance? It is but a short question, you may answer if you will.

J. C. By what law have you power to tender it? Then, after some consultation together by whispering, they called for the statute book, and turning over the leaves, they answered,

Judge. By the third of king James.

J. C. I desire that statute may be read; for I have consulted it, and do not understand that you have power by that statute to tender me the oath, being here before you in this place, upon this occasion, as a delinquent al

ready; and therefore I desire the judgment of the court in this case, and that the statute may be read.

Judge. Then they took the statute-book, and consulted together upon it, and one said, we are the judges of this land, and do better understand our power than you do, and we do judge we may lawfully do it.

J. C. Is this the judgment of the court?

Judge. Yes.

J. C. I desire the statute to be read that empowers you to tender the oath to me upon this occasion in this place; for, Vox audita perit, sed litera scripta manet,* therefore let me hear it read.

Judge. Hear me.

J. C. I am as willing to hear as to speak.

Judge. Then hear me: you are here required to take the oath by the court, and I will inform you what the penalty will be, in case you refuse; for your first denial shall be recorded, and then it shall be tendered to you again at the end of the sessions; and upon the second refusal you run into a premunire, which is the forfeiture of all your estate, (if you have any,) and imprisonment.

J. C. It is justice I stand for; let me have justice, in bringing my accuser face to face, as by law you ought to do, I standing at your bar as a delinquent; and when that is done, I will answer to what can be charged against me, as also to the question; until then, I shall give no other answer than I have already done, at least at present. Then there was a cry in the court, take him away, *which occasioned a great interruption: and J. Crook spake to this purpose, saying, Mind the fear of the Lord God, that you may come to the knowledge of his will, and do justice; and take heed of oppressing the innocent, for the Lord God of heaven and earth will assuredly plead their Cause: and for my part, I desire not the hurt of one of the hairs of your heads; but let God's wisdom guide you. These words he spake at the bar, and as he was carrying away. On the sixth day of the week, in the forenoon following, the court being sat, John Crook was called to the bar.

• Words only spoken are lost; writing remains.

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

error.

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 And also in the 25th of Edw. 1. 2. and the 3 Car. 1. and the 29 cap. Mag. Chart. No freeman sball 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