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 for 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 up 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 empanneled on purpose (as was said) the jury being discharged who were eyewitnesses of what passed between us and the court: and this jury, being divers of them soldiers, some of whom did by violence and force pull and hale 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 your 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

C