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Show 13 ATROCIOUS .JUDGES. [A. D. lG:J~. thi execution "a gro ~s instan ·e of tyranny,'' but have allowed Chief Ju tice Fo'ter, who is n1ainly re pon. ible for it, to escape without cen. ure. The arbitrary disposition of this chief justice was strongly mani[i teu ·oon after, when John Crook, anu several other very loyal Quaker , were brought before hin1 aL the Old Bailey for refu ing to take the oath of allegian ·c. Foster, C. J.- " John Crook, whl'n did you take the oath of allegiance?" Crool·.-" An wering this que ' tion in the negative is to accuse n1yself, which you ought not. to put me upon. 'Nemo debet seipsun~ prode1·e.' I an1 an E ngli.'hll1<ll1, n.nd I ought not to lJe taken, nor i1n prisoned, nor call eel in que tion, nor put to ans,ver, but aceonliug to tho law of the land." Foster, c~ J.- ~' y Oll are here required to take tlw oath of allegiance, and when you hnYe done that, you slHtll be heard." Crook.-" You that are j ullges 0 11 tbc ben<'h ought to be ll1J COU11SC1, not my UCCU.'Cr:-;." ]luster, 0. J.- '~ \\re arc here to do justic8, and are upon our oath:-;; and we arc to tell you what is law, not you us. 'Therefor e, ~irrah, yon are too bold." Crook. - " 8'/rrah is not n, word becoming a judge. If I .-peak louu, iL is my zeal for the truth anu for the name of the Lord. l\li nc innocency Jnake~ Ine uold." l i1oster, 0. J.-" It is an evil zeal." Orool..;.-" No, I :l:ll bold in the nan1e of the Lord Uod Alrnighty, the evcrln ·ting J(•hovah, to a::; crt tlte truth unu t· tanc..l a .. a witnCS!:l for it. Let my accuser Le brought forth." J?oster, C. J.-" Sin·all, you nrc to take the oath anu here we tender it you." Crook." Let tnc Le cleared of n1 y i1n pri "'Onmcnt, an<l then I will answer to what is churge<l agc1inst n1e. I keep a conscience voiu of offence, both towards GoJ an<l iowanls man.'' Pus~ fer, G. J.-" Sirrah, leayc your eantino·." Crool.·.- '' Is ./ " A. D. lOG~ .] ROBERT FOSTER. 130 thi · canting, to • peak the words of the Scripture?" Fostel', a. J.- " It i canting in your 1nouth, though they are SL Your fi rst denial to take the oath hall be re - corded ; anu on a econd denial, you bear the pcnalLi e'"' of a pramunire, which i .... ihe f(Jrfeiture of all your estate, if you have any, antl impri ::~onment during life." CrooL-" I owe dutiful allegiance to the king, Lut cannot swear without breaking my allegiance to the I\:iug of I~ing.' . \Ve dare not brenk Chri ' t's commanc.hnent~, who hath :said, Swear not at all; nn<l the apostle Jan1e~ say~, 'Above all thiuo·~ mv brethren o · ' .; " ' swear not.' " Crook, in his account of the trial, says, ' The chief ju ·tice thereupon interrupting, ralled upon tlte execntioncr to stop my mouth, which he did accordingly with a dirty cloth and a gag." The other Q,nak r" following Crook's example, they were all indicted for having a second time rcfuseJ to take the oath of allegiance; and beinO' found O'u ilty the court O'ave '--' 0 b ' b judgment again ' t the1n of forfej Lure, i m prisontnent for liCe, and moreover, that th 'Y were "out of the king's protection;" '"'hereby they carried about with them caput lnpinwn, (a ·wolf's head,) anu might be pnt to death Ly any one as noxious vennin. The la t trial of im portnnce at which Chief' (Justice li"'o, ter presided was that of 'rhonw, · 'ronge nnll others, charged with a plot to ussa. sinate tllC k ing. General Ludlow says that this was got up by the goven11nent to divert the naliou f'r01n their ill humor, caused by 1 he .:ale of Dunkirl· ; -~:· the invent ion being, " that eli vcr ::; thousand.· of ill-afl'ectcd per. on· were ready under his c01nmand to seize the 'rower and the city *" A fortress on the south shore of the Engli ·h Channel. taken by Cromwell from the Spaniards, autl by Cktrlcs Il. solu at tlti::; lime to Louis XIV. of France . |