Retsah, a cry against a crying sinne, or, A just complaint to the magistrates, against them who have broken the statute laws of God, by killing of men meerly for theft manifested in a petition long since presented to the Common Councel of the city of London, on the behalfe of transgressours : together with certaine proposals, presented by Col. Pride to the Right Honourable the Generall Counsell for the Army, and the Committee appointed by the Parliament of England, to consider of the inconveniences, mischiefes, chargeablenesse, and irregularities in their law. Chidley, Samuel. This text is an enriched version of the TCP digital transcription A32823 of text R435 in the English Short Title Catalog (Wing C3838). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. 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Early English books online. (EEBO-TCP ; phase 1, no. A32823) Transcribed from: (Early English Books Online ; image set 95978) Images scanned from microfilm: (Early English books, 1641-1700 ; 733:21) Retsah, a cry against a crying sinne, or, A just complaint to the magistrates, against them who have broken the statute laws of God, by killing of men meerly for theft manifested in a petition long since presented to the Common Councel of the city of London, on the behalfe of transgressours : together with certaine proposals, presented by Col. Pride to the Right Honourable the Generall Counsell for the Army, and the Committee appointed by the Parliament of England, to consider of the inconveniences, mischiefes, chargeablenesse, and irregularities in their law. Chidley, Samuel. England and Wales. Parliament. England and Wales. Army. Council. City of London (England). Court of Common Council. 14 [i.e. 24] p. for Samuel Chidley ..., Printed at London : 1652. Title partly transliterated from Hebrew. All letters signed: Samuel Chidley. Reproduction of original in Huntington Library. eng Crime -- England. Criminals -- England. Thieves -- England. Capital punishment -- England -- Early works to 1800. A32823 R435 (Wing C3838). civilwar no Retsah a cry against a crying sinne: or, A just complaint to the magistrates, against them who have broken the statute laws of God, by killi Chidley, Samuel 1652 10087 214 5 0 0 0 0 217 F The rate of 217 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2003-12 TCP Assigned for keying and markup 2004-01 SPi Global Keyed and coded from ProQuest page images 2004-02 Jonathan Blaney Sampled and proofread 2004-02 Jonathan Blaney Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} A CRY against a Crying Sinne : OR , A just Complaint to the Magistrates , against them who have broken the Statute Laws of God , by killing of men meerly for Theft . MANIFESTED In a Petition long since presented to the Common Councel of the City of London , on the behalfe of Transgressours . Together with certaine Proposals , presented by Col. Pride to the Right Honourable the generall Counsell for the Army , and the Committee appointed by the Parliament of England , to consider of the inconveniences , mischiefes , chargeablenesse , and irregularities in their Law . JER. 5.4 , 5 , 6. Therefore I said , surely these are poore , they are foolish , for they know not the way of Iehovah , nor the Iudgement of their God . I will get me unto the great men , and will speake unto them , for they have knowne the way of Iehovah , the Iudgement of their God but these have altogether broken the yoke , and burst the bonds ▪ Wherefore a Lion out of the Forrest shall stay them , a Wolfe of the evenings shall spoyle them , a Leopard shall watch over their Cities , every one that goeth out thence shall be torne in pieces , because their transgressions are many , their back-sliding are strong . HOSEA 5.10 , 11 , 12. The Princes of Judah were like them that removed the bound I wi●● poure out my wrath upon them like water , Ephraim is oppressed and broken in judgement , because he willingly walked after the Commandement . Therefore will I be unto Ephraim as a Moth , and to the house of Judah as rottennesse . HOSEA 8.12 . I have written to him the gre●t things of my Law , but they were counted as a strange thing . Printed at London for Samuel Chidley dwelling in Bow Lane , at the Signe of the Chequer . 1652. The Preface . THis little Book reflecteth upon all those who have broken the Statute Lawes of God , by killing of men me●rly for Theft , Let such sinners who are the Judges , or Executioners of such over-much Justice , be ashamed , and confounded for defiling the Land with Bloud ; if they hold on this their wonted course , now the light of lawfull Liberty breaketh forth ; Will not the Land spue them out ? for the earth cryeth against this sin , which cannot be cleansed in an ordinary way without the bloud of him that sheddeth it ; This is one of the abominations of the time , for which the Saints ought to mourne . It is long since this following Petition was presented to Tho. Andrewes Esquire , the then Lord Mayor , and to the Aldermen , and Common Counsell , but had they done but their duties , I had no need to print and publish these Books in Red Letters , and present the same to them in the middest of their jollity , and to the learned Judges of the Land , yea to the Commissioners of Oyer and Terminer , and Goale delivery , at the Sessions at Newgate , before whom I appeared , to put them in minde of their duty , and of the Law of God , which they had forgotten , and rested too much upon an arme of flesh ; yea , if they had done what they were bound in conscience to doe , and had observed that most righteous Law to which they were sworne , it would have saved me a labour of going to the Counsell of State , Generall Counsell of the Army , or the Parliament . Now seeing little fruit yet appeare , for the establishing of the Lawes of God in this Nation , ( for the lives of men are taken away meerely for unvaluable Trifles ) I am once more pressed in spirit to publish the same in manner and forme following , thus sounding an alarme against the workers of iniquity , that they may rep●●t , and turne from their evill wayes ; so delivering my soule , and clearing my selfe of that bloud-guiltinesse which lyeth upon others , and ●specially upon rich men , who are called to weepe and hewle for the miseries that shall come upon them ▪ For the bread of the needy is the life of the poore , and be that de●rou●eth him of it is a Murtherer ; and the Scripture saith , Thou shall take no ransome for the life of a Murtherer that is guilty of death , but he shall surely be put to death : but I hope that some righteous men will take the matt●r into serious con●ideration ; these our indeavours tending not only to the g●od of those Transgres●ors who have not deserved death by the Lawes of God , but also of those who put them to death unjustly , left the Justice of God take hol● upon those who are the Causers of it , and that the like ●●nishment he inf●icte● j●stly upon them , which they inflict upon ●ther● unjustly . And indeed I doe admire that men who prof●sse to be governed by Gods Lawes , and stand against Tyranny , s●ould have a ●inger in such a worke ▪ Surely such men though they pretend never so much Religion ▪ are not f●t to pray , not to be pray●d with ; For when they stretch forth their hands , God will ●ide his eyes , and though they make many prayers , he will not heare them whose hands are full of ●i●ud . To the Right Honourable the Lord Mayor , Aldermen , and Commons in Common Counsell assembled . The mo●●n●●ll Petiti●n of many Inhabitants of the City of London , in the ●ehalfe of many thousand Transgressors . 〈◊〉 THat for as much as the righteous God exacteth no more of sinfull man then his iniquities deserveth , no Magistrate is to punish a wicked man for his iniquity beyond the rule of ●quity ; That seeing it is evident that whatsoever is good is of God , and the contrary of Abadon , and that no mans will though great is good , unlesse it be correspondent to the will of him who is greater then the greatest nor the Law of any Authority whatsoever , unlesse it be according to the Law of him who is higher then the Highest . Therefore when great ungodly men have by their owne wils , and inhumaine Lawes for many yeares , destroyed not only the Righteous for conscience sake , but also the wicked undeservedly , this was iniquity to be punished by the Judge , though done by Judges themselves , who by their over-much Righteousnesse , and over-much Wickednesse , the people abetting them , hath brought death and Destruction upon this Land , and the hand of the Lord is stretched out still against this sinfull Nation , and unlesse they repent they shall surely perish . That the head of this Land is the sinfull City of London , who instead of bringing forth monthly good for the healing of the Nation , doth bring forth that which tendeth to the destruction thereof ; Gray haires being sprinkled here and there upon them , and they not aware , for they consider not how many are destroyed every Month by the Law of man , contrary to the Law of God , who hath declared , that if a Thief be found breaking through ( the Sun being risen upon him ) and be smitten that he dye , bloud shall be shed for him , Exod. 22 ▪ 3. from whence it appeareth that those are guilty before the Lord , who take away the life of any man meerly for Stealing , when the Lord requireth that he should make ●ull resticution out of his Estate , or if he have nothing , that he should be sold for his Theft : But contrariwise their lives are taken away meerly for Stealing , and commonly many though found notorious Theeves , yet have been discharged with little or no punishment either in Person or Purse , to the great damage of those who have lost their goods , and to the imboldening of the Malefactors , and the want of the due execution of the Law of God upon them , and not setting them in a way to make restitution to the Owners , tendeth to the utter destruction both of their Bodies and Soules . Therefore our desire is , That ye would take these things into serious consideration , and ( in your wisdomes ) take such a prudent and effectuall course , that in the execution of Iustice the remedy may not ●e worse then the disease , like those who kill their wounded Patients , and wound themselves , but that punishment may be equalized proportionable to the Offences , that the Prosecutors , or Executors of the Law ma● have no cause to repent , and that one Witnesse may not rise against any man for any iniquity , but that at the mouth of two or three Witnesses the matter may be established ; and that ye would by no meanes make the wils of any men , or any humaine Lawes whatsoever any rules for you to walk by , further then you see them agreeable to the holy Will and Word of God , and that ye would according to your power , seek to remove the dishonourable badges of infamy from off your sinful City and Nation , though never so antient , familier , common , and customary , and that ye would addresse your selves to the Parliament for we obtaining of these things . And your affectionate Petitioners shall pray . Here followeth a Letter written to Thomas Andrewes , the Lord Mayor that then was . Right Honourable : I Hope your Lordship hath not forgotten our Petition in the behalfe of Transgressors , Christ made Intercession to God for Transgressors , who were guilty of eternall death before God , we make intercession for men who are not guilty of temporall death before men ; Divers Petitions have bin promoted in the behalf of Saints , and it was a very good and acceptable service , this is for sinners whom it may be God will call eff●ctually , For Christ dyed for the ungodly , and received gifts for the Rebellious . I have written this inclosed Paper to further the Petition , I desire that my Councel may be acceptable unto your Honour , so long as it is agreeable with Gods Word , and if it be agreeable to your Lordships affection , I hope you will assist in it according to your power , and prosecute it with all your might , and make haste and not delay to keep the righteous Judgements of the God of Judgement , who hath promised to be for a Spirit of Judgement to him that sitteth in Judgement . Right Honourable , you may be pleased to remember what I said , I know no friend of mine that is guilty of theft , what I have done is in conscience to God , and compassion to my Native Country , and in tender respect to your Honour , that the heavie Wrath of God may not fall upon you and the whole Nation ; at least that some of the Rods of God may be taken away , or that some o● his Judgements may be stayed , I desire to be a good example to th● 〈◊〉 ●en , that they may cleare themselves of bloud gu●l●●nes●e ▪ I desire your Lordship againe to consider seriously of t●is inclosed Writing , I have shewed it to just men and they ●●●●ove 〈◊〉 your Lordship in your wisdome may take Cou●●●●l of 〈◊〉 men , and of the ancients concerning this mat●●r , and ●●●●te what they say thereunto ; But above all search 〈◊〉 Scripture , for whatsoever is not according to that hath no light in it ; and it is a Maxime in Law , that all Lawes which are not according to Gods Law and pure reason , are v●yd and null , and if so , then not binding to a Citizen , or to any other under Heaven , and so are no rules for me to walke by ▪ but it is the Word of God , which is binding and y●● is not bound . Honourable Sir , I am Your Lordships humble Servant . SAMUELL CHIDLEY . London-Bridge Iune●5th 16●9 . Certaine Reasons of weighty consideration in reference to the Petitio● to the Common Councel● in behalfe of Transgressors . ALthough there be ground sufficient enough in the Petition it selfe to ●ince that no Malefactou●s life should be taken away meerly for Theft , when the Lord requireth ●hat satisfaction should be made out of his Estate , and if he have nothing , that he should be sold for his Theft , yet because of the ignorance and hardnesse of mens hearts , and thei● cruelty and revenge , I shall for their regulation propose some things to their consideration . To take away the life of any man only for Theft as aforesaid , is iniquity , because it is against the rule of equity ; it is not good because not of God , it is not correspondent with his Will , it hath no agreement with his most righteous Law , but is in humane , Bloudy , Barbarous , and Tyrannicall , and provoketh the God of Judgement to execute his Judgements upon the Nation that abetteth the same ; yea it tendeth to their utter destruction , to destroy men by the Lawes of men , contrary to the Lawes of God , consider I say , how contrary it is to the rule of equity , the blessed and righteous Law of God . According to the rule of Equity , there is required life for life , eye for eye , tooth for tooth , hand for hand , foot for foot , burning for burning , wound for woun● , st●ipe for stripe , Exod. 21.23 , 24 , 25. It is not life for eye , but eye for eye ; not eye for tooth , but tooth for tooth ; so that if a man require more it is iniquity , Prov. 30.6 . Therefore if a man put out his neighbours ey● , st●ike out his tooth , and bruise his hand , but doth not kill , he ought not to be killed for this , but must ●oose his eye , and his tooth , and as he ha●h done to his neighbour , so it must be done to him , as it is written , breach for breach ▪ eye for eye , tooth for tooth , as he hath caused a ●lemish in a man , so shall it be done to him againe ; and he that killeth a Beast shall rest●re it , and he that killeth a man shall be surely put to death ; and the sam● ▪ Lord saith , ye shall have one manner of Law as well for the Stranger , as for one of your owne C●untry , Levit. 24.17 , 18 , 19 , 2● , 21 , 22. The Lord of Life hath expresly declared ( and it is knowne to all men living ) that the life is more then meat , and the body is more then rayment , Luk. 12.22 . If then the life be more then meat , no mans life should be taken away for meat , much lesse for ra●ment , which is inferiour ; and all things necessary for the temporall life and body of man are comprehended in these termes , food and rayment , Deut. 10 . 1● . 1 Tim. 6.8 . The God of the Spirits of all flesh hath declared plainly , in his most just and righteous Law , That if a Thiefe be found breaking through ( the Sun being risen upon him ) and be smitten that be dye , bloud shall be shed for him , Exod. 22.3 . And he ●enders this reason , for he should make full restitution , and if he have nothing , he shal be fold for his Theft ; and the Lord hath not said that he that stealeth food , or rayment , shall be put to death , or that his bloud shall be shed ; But whose sheddeth mans bloud , by man shall his bloud be shed , Gen. 9.6 . So then it appeareth , that it is murther by the Law of God to kill a man meerly for Stealing , when the Lord saith he should make full restitution , and if he have nothing , he shall be sold ( not killed ) for his Theft ; and amongst his statute Lawes hath stated particular cases in this , as well as in other things , and made them so plaine that mean capacities may decide controversies of this nature . And as there is no precept nor consequence in the Word of God for this unjust practice , so there is no president in Israel , but many in England , the more is their misery : but as their ancient Father Austin saith , That man is miserable who is not sensible of his misery , which may wel be applyed unto this sinful and miserable Nation , who are not sensible of the dangerous consequence of this one deadly evill amongst the rest ; how unjust a thing it is to kill a man for stealing xiiij d. let all men reasonable judge , for so is the Law of this Land , according to which the people are forced to prosecute the Theeves ; but in King Salomons time men did not despise a Thiefe in some case , Prov. 6.30 . And he whō is greater then Salomon , even the Lord Iesus Christ who is the Prince of the Kings of the Earth , hath not given the least hint that he● that stealeth food or rayment should be killed , but he that ●ad●th into Captivity , shall goe into Captivity , and he that killeth with the Sword , must be killed with the Sword , Revel. ●3 . 10 . But concerning These it is said , let them that stole ●●eale no more , he doth not say let him be hanged , but rather let him labour with his hands the thing that is good , that he may have to distribute to him that needeth , Ephes. 4.38 . And it is expressely commanded , That he that will not worke , nei●●●r should he eate , 2 Thes. 3.10 . Many precepts , president● , and propositions may be brought to confirme the premise● , ●ut this is enough at this time . A word to the 〈◊〉 is su●●icient . A Letter written the 11. of Decemb. 1651. by SAMUEL CHIDLEY , To the Right Honorable , the Commissioners of Oyer and Terminer , and Goale Delivery of NEW GATE . Right ( Worshipfull and ) Honourable , ALthough I know not any of my acquaintance to bee guilty of Theft : Yet I seeke to save the lives of the so siner● whom God would have preserved : And I coming downe to this Judgement Seat , it being as free for me a● another to see justice done ; and observing your proceedings from the beginning hitherto , how in many things you goe against the very letter and equity of the Law of the onely Law-maker , by whom , and by which your selves must be judged ▪ caused me to call to mind , how that Great men are not alwayes wise , neither doe the aged alwayes understand Iudgement . Right Honourable , I am sorry to see you goe on still in your wonted course , of arraiging men for their lives meerly for Theft . I have observed that the persons who are arraigned before your Honours , are poor labourers , and such creatures who stole things of a small value , peradventure for meer necessity , yet you arraigne them for their lives , when the Law of God requireth their preservation in such a way , that they may make satisfaction , and not ( if disabled ) to force them into a necessity of stealing againe , but they are great sinners indeed , who rob men of their precious lives . And the worst of men are such as despise and destroy Theeves that steale , meerly to satisfie their hunger : It seems some of the Theeves you will presse , for not holding up their hands at your command , or for not answering to that interogatory Guil●y ? or not Guilty ? Consider I pray you , how circumstantiall these things are : The weight of Tryals depends not hereupon ( as I humbly con●eive . ) For its possible that a Murderer , when he is arraigned may want his hands , and another may be dumb ; yet you may proceed to Judgement against him , if sufficient evidence come in , & that the jury , who are judges in matters of Fact , ( and if they will , in matters of Law ) finde them guilty , surely you must take no ransome for the life of a Murderer , though he cannot , or will not hold up his hand at the Bar , or say that he is Guilty : for by the Law no man is bound to a●cuse himselfe , therefore the guilty person is not bound to say he is guilty , and if he should say , not guilty what is he the better ? This is my opinion , which I humbly leave to the serious consideration of this Honourable Bench : I would to God that you would try such men by the Lawes of God , who cast themselves upon God and the Country ▪ And oh that you would put the judgements of God in execution ! seeing you are his Stewards ; all Lawes being subordinate to Gods Lawes , as the Country is to God himselfe , then your tranquillity would be lengthened . Consider what I say in the feare of God , for life is above liberty and estate . The Jewell of one mans life , all your estates cannot ballance . I tooke notice of a passage of the Lord Cheife Justice Rolls , and it was we I observed , how that the Theeves are honest before they come in Goale , and there they become naught ; and learn to lye , by saying not guilty , when they had confessed it before . If it be so , then great pitty it is that they should not be in such a place , where they may be put in a way , and course , to make satisfaction according to the direction of the wisdome of God , By whom Princes and Nobles , yea , all the Iudges of the earth are said to rule : So leaving these consciencious Dictates to your serious thoughts , I subscribe my selfe , Your Humble Servant , Devoted to the feare of God , and service of the Common-wealth , according to the Law of God , and not otherwise ; Samuel Chidley . Sessions 11. Decemb. in the year of Christ , 1651. This Letter was delivered unto the Bench about the third houre of the day , where when Mr. Chidley was called , he made answer , and came to the Board , and the Letter was there publickly owned by him , as his owne hand-writing , which he would stand by and justifie , it being ( as he said ) a discharging of his conscience , as a testimony before them all , which he left to their serious consideration ; wherupon he was commanded by the Bench to depart , and was put out of the Court , he speaking in the justification of the Statutes of God to be right , and the Precepts of men to be wrong , in taking away mens lives for such triviall matters . After he was put out , they gave Sentence against the Prisoner at the Bar , who was arraigned for stealing , and would not hold up his hand , nor plead , but besought them that the Letter might be read publickly , that all the Bench might hear , and then , saith he , afterwards I will plead whatsoever comes of it , whether I live , or dye ; but they would not hearken unto him but proceeded , and by the Recorder M. Steele , who was their Mouth , gave Sentence against him , which was to this effect ; That he should goe from thence to the place from whence he came , and be led into a dark room where there was no light , and should be stript naked , only his privy members covered , & his head covered , & his arms to be stretched forth , both on the one side and on the other , as far as they could be stretched , and that he should be laid along on his back , and have as much weight laid upon him , as he was able to beare , and more ; And the next day he should have only three morse●s of Barly-bread , without any drink , And the day following three draughts of the kennel water-running under New-gate , as much as he could drinke , and so to remaine in that condition from day to day till he dyed . Psal. 119.126 , 127 , 128. It is time for thee LORD to worke for they have made void thy Law ; Therefore I love thy Commandements above gold , yea , above fine gold . Therefore I esteem all thy precepts , concerning all things to be right , and I ha●e every false way . To the Right Honorable the Councell of State . The humble Petition of Samuel Chidley . SHEWETH , THat your petitioner setting the feare of the LORD of Lords before his eyes , and advancing the Judgements and Lawes of the God of gods in his heart before the precepts of fraile man , was moved in zeale to his most sacred majesty , to discharge his conscience in the best and most peaceable way he could devise , and accordingly hath given testimony of the truth , at the Judgement seat before the Sessions in the Old Baily , the eleventh of this month , as may appear unto your Honours by the printed relation hereunto annexed ; yet notwithstanding they proceed according to the usuall Custome , which is against the Law of God , the good things contained in the Solemne League and Covenant of the Nation , the Oath of every Free-man of London , Reason it selfe , the witnesse of Conscience well checked , or rightly rectified and the whole Creation of God : My humble desire is , That this Honourable Councell would be pleased in their prudence to take such a speedy course that the condemned persons yet alive ( who are not guilty of death by the Lawes of God , Nature , or Equity ) may be repreeved till the Parliament of this Commonwealth hath heard and determined the matter ; So shall you find much comfort : Iehovah will be with the good . And your Petitioner shall pray , &c. SAMVEL CHIDLEY . To the Right Honourable the generall Councell for the Army , the humble Proposals of Samuel C●idley . Sheweth : THat for as much as the LORD of Lords hath anoynted you to be the Heads of the Forces , which he hath mustered up , for the destruction of that Generation of sinfull men , who are compacted together , as one man , to establish iniquity by ther Lawes , which they have set up in direct opposi●ion to the LAWES of GOD , and have made use of the Kings of the Earth ( as their Hornes ) to protect them in the exercise of their bloudy Cruelty ; and seeing THE LORD OF HOSTS hath in a great measure subdued your enemies , and that your Swords are not returned empty , It concernes you ( Right Honourable ) to testifie your thankfulnesse by yeelding obedience unto THE STATVTES-LAWES OF GOD , which at this day in the maine fundamentall parts thereof are trampled upon , by those who have a forme of godlinesse , and deny the power thereof in their practices ; as may appeare by their putting of men to death for triviall matters , contrary to the LAW of GOD ; for Gods LAW saith , If a Thiefe steale , he shall make restitution ●ut of his estate ; and if he have nothing , he is to be sold for his Theft , but not killed . Now although my soule abhorres the sinne of Th●ft , i● deserving the punishment of eternall death before God ( how much more the crying sin of Murder ? ) And though I know not any of them , and ( for ought I know ) not one of them knowes me , yet because I see no man valiant for God , nor stand to make up the gap , I ( for want of a better ) ●m moved in zeal for Gods glory , to cry out against the irrationall and irregular proceedings of men , who set up or maintaine a Flag or Standard of Defiance against their owne consciences , and THE MOST RIGHTEOUS LAWES OF THE ONELY LAW-MAKER ; and this I have indeavoured to do in such ● peaceable way , that my transaction of this businesse for God may not savour of any bitternesse of spirit in me , against the persons of those me● or contempt of their lawfull authority , who sit in Judgement , and doe erre therein ▪ ( as I humbly conceive ) but seeing God hath said , he will mag●if●e his LAW , and make it HONOVRABLE , And that it hath been a usual course with him to make choyce of weak instruments , to make his truth known ; I therefore upon this account was resolved to put forth my selfe , and ingage my heart in this businesse , the consequence whereof , when accomplished , will be more then I will speake of at this time ; And although I Indure some reproaches for it , some saying ; What a Theife is this to attempt such a work ? and that none but Theeves would do it , ye● I am led forward by such a spirit , as ( I hope ) will so carry me upon the wings of his providence in the managing hereof , that I shall not be discouraged ( notwithstanding humane frailty , ) And because I have a seasonable opportunity to acquaint your honours with this businesse , and to crave your assistance , I desire you in the first place to consider my Printed Papers , wherein I have shewed my dislike of putting men to death for stealing , and for the further amplification and inlargement thereof , I desire you to consider of these Positions . 1. THAT GOD IS THE ONLY LAW-MAKER ; and that his LAW is the ancientest and the best that ever was , or can be possibly invented by any Parliament , to which all men are bound under paine of damnation : and that whatsoever Lawes and Proceedings are opposite thereunto in the smallest measure , are unjust , and the executioners thereof doe sinne ; and by how much the greater the Precept is , by so much the more doe they offend , that violate the ●ame . 2. GOd hath no where given liberty , but hath prohibited , that the life of any Man should be taken away for stealing , and hath manifested , he would have their lives preserved , therefore to take away their lives is A SIN , A CRYING SIN ; yea , ( I may say ) its A NATIONALL SIN , for which , God hath , and will visit them with his arrowes of of indignation ; yea , the people are so blinded with this ●orrupt Custome , that they know it not , neither will they understand , but thinke they doe well , and that they shall have peace , though they walke on in darknesse , while the foundations of the earth are out of course . Obj. And wereas they object , That it is the Law of the Land to put Theeves to death for stealing to the value of 13d . ob . I Answer , That no Law is to be observed , if it be against THE LAW OF GOD , especially in the taking away of mens lives ; yea , God was so far from commanding such Theeves to be put to death , that he requireth their blood , at the hands of them that shed it , though done in the very act of breaking through , if the Sun be risen upon them . 3. THe putting them to death is expresly against the Law of God , because it disableth them for ever making satisfaction to the owners of the goods , yea , such is the corruption of the Lawes and Customes of this Land , that he that discovers the Theif is bound over to prosecute him , though is ●e to the taking away of his life ; and after hee hath done that , the owner shall sustaine damage neverthelesse , and hee can have no more then the life of the Theefe ; And some men are so ignorant , cruell , hard-hearted , and revengefull , that they will take away the lives of the pe●tty Theeve● in revenge , taking an opportunity upon the advantage of the Law to exercise their bloody cruelty upon them . And such is the corruption of the Lawes , that if the Theife steale to the value of 13 d. ob . he shall be hanged , as Judge Byron in his cases hath declared ; and sometimes their lives are taken away upon a single evidence , whereas there ou●ht to be two witnesses to prove every fact ; and one witnesse ought not rise up against any man to put him to death ; So GOD hath said , whose WORD is a LAW amongst SAINTS , though Sinners cast the same behind their backs . 4. THis Law of putting poore Theeves to death for sealing , that are not able to make restitution out of their estates , is against GODS LAW , because in such case● GOD hath said they shall be soled for their Theft , Now though they are worth some what while they are living , yet when they are dead they are worth nothing , yea a living Dog , is better then a dead Lyon ; men would rather in such cases bury dead men , then buy them , and how unjust a thing it is to put them to death , seeing the APOSTLE saith , Let them labour with their hands , let all rationall men judge . The APOSTLE saith , they should labour with their hands , no saith the Bench , they shall be hanged , tye up their hands , and he that hath bene●it of Clergy , and can read his necke verse , burne him on the hand ; by thi● he is disabled for the present that he cannot labour with his hand ; and if he would , he is forced into a necessity of Stealing againe , if no man will set him on worke , which thing men will be cautions to doe , to one that carryeth such a brand of infamy upon him . 5. THis murdering Law is the cause wherefore many murders are committed by Robbers in the act of stealing , for the Theeves know its a hanging matter to steale , and it s no more to commit murder , and then for safety of their lives , and 〈…〉 Theft they commit Murder , for feare least the party should come and witnesse against them , to the taking away of their lives . 6. THis Law is the cause wherefore many Theeves escape , because they find that the remedy would be wo●●● then the disease , for if they prosecute them , they shal be put to a great deal of expence and charge , and peradve●●ure the Thief shall lose his life , and the parties their goods , whereas if there were a way for restitution by them , there would be 〈◊〉 prosecution of them . Obj. But it is objected , What sh●ll we doe with them ? Ans. I answer ; He that hath 〈◊〉 , if the Theft be found in his hands , is to forfeit 〈…〉 ; if he have made it away , he is to forfeit four-fold , are his estate i● to be taken to satisfie the debt . Obj. But what if he have no estate , it may be he is some poor● rogue that is worth nothing ? Ans. I answer , He must be sold for his Theft . Obj. But who will buy him , no body will be troubled with him ? Ans. I answer ; either the party who hath sustained the damage is to take him , or he may be set on worke in our owne Country , by Land or by water , being chained up , they might worke in Mines , heave Coal● ▪ and earne three or four shillings a day , or row in Gallies , or be put in Worke houses , for to punne . Hemp , or other servile imployment● . And why cannot we put them to it here , as well as the Hollanders there , til they have made satisfaction ) and not put the Theeves in such places , which is a hell on earth ; where they learne to be worse then ever they were before , or they may be transported to some of our owne Plantations , where some that have been in the like condition transported , have soone become honest , and being very ingenuous have been able to teach the Planters , which maketh the Merchants to prize the Theeves farre above the ordinary Vagrants , or other persons that are taken up by the Spirits in the 〈◊〉 because they want that ingenuity that the Theeves have , for generally the wittyest rogues are the greatest Cut-purses . Obj. But would not this be great ●yranny , that men should be sold as slaves ? A●s . I answer to that ; They are not sold for ever , but only for their Theft , and its a worser slavery , and a great tyranny indeed , to take away their live● . Obj. But what if they run away ? Ans. Then they contract upon themseves a double deb● ▪ Obj. But what if they will not worke ? Ans. They must not eate , and before such a one will dy● for hunger , doubtlesse he will eate the flesh , of his arme , and before he will eate his owne flesh it may be he will worke , hunger will breake through stone walls , and if any thing f●rce him to worke , this wil , for his bel●y requires it of him ; bu● , if he will perish let him perish , his owne bloud is upon his owne head , and the Common-wealth is discharged of it . Such c●u●ses as these would be a meanes to terrifye the Theeves , and suppresse Theft for many of them would rather ●e hanged ; but if a man would be hang'd , he must not have His desire , unlesse the Law requireth it , so though Theeves cause to dye against the Law of God , rather then to live according to it , they must be kept alive notwithstanding , and set hard at worke to earne their bread , and the over-plus must pay for their Theft ; and then if any ( as I hope many ) will be converted in this their captive condition , O how will they blesse the time that ever such compulsion was us●d , whereby they learned to know themselves , and to remember their Creator : and he that is an instrumentall means of converting one poore Sinner , shall have no cause to be sorry for it in the day of Accompt . ANother abuse in the proceedings of the Law of this Land is that whereas GODS LAW requireth that the Witnesses should be Executioners of death on their Mal●factor , a Condemned Executioner doth it , who is the notoriousest Rogue that can be found , and one that knowes nothing of the businesse , whether he , whom he hangs be an honest man , or a knave ; he will hang a Martyr as well as a Thiefe , but doubtlesse he hath a check of Conscien●e as wel as his Masters , else why will he aske them forgivenesse before he turnes them off ? Now all that can be alledged , for the Hang-man is , He doth but his Office , he is but an Executioner of the Law , and Sentence . And the like the Judges doe alledge for themselves , Alas , ( ●ay they ) what can we doe , we are but the Executioners of the Law of the Land , and till the Parliament alter the Law , we must observe our ordinary Rules ; Why doe you come to us ? what would your have us doe ? we have no power ! But Iudges ought to be men of courage , fearing God , and hating covetousnesse , and such as will observe GODS LAWES , and judge according to HIS STATVTE BOOKE , and by THE LAWES OF GOD . No Executioner ought to inflict death upon any man , unlesse he in the execution of him be satisfied in his owne Conscience , that the man ought to dye , else he is a Murderer after a manner , though the Offender deserveth deathe ; yet if a man be not convinced of it , he ought not to put him to death , by any command whatsoever , and if the Witnesses will not doe it , they must be severely dealt with . This is my opinion , which I humbly submit to the consideration of those who have more understanding then my selfe . ● . ANother abuse which I finde in the pro●eedings of the Law , is in the Pressing men to deat● , because they wil not hold up their hands at the Barre , or say they are guilty , or not guilty , upon which circumstantiall N●●ety , they Condemne them to be Prest in such a Tyrannicall manner , that the very sentence it selfe is enough to terrifie the poore Creatures , and make them op●n their mouthes to confesse their owne guiltinesse , or else to lye against their own● consciences . Obj. But t is objected , That they are prest to death within halfe an houre at the most , and that they are not kept in such a lingering condition , according to the sentence ? Ans. I answer ; If they put them to death before their t●me , herein they goe bey●nd their Commission ; but indeed the Executioners do● it ●●t of compassion to the Condemned to dispatch him out of his torment ; something like to a Phisitian , that will give his Patient something in pitty , to rid him out of his paine , because he beleeveth he must dye , and cannot escape his fit of sicknesse , so making more has● then good speed . Now the proceedings against such Malefactors , who will not hold up their hands , and plead , it without examination of Witnesses , yet they will take his life away Pro confess● ; b●● by what Law I know not , unlesse a Law of Antichrist ; I am sure such precepts came neither from Mount Sion , nor Mount Sinai ; these have out-●tripped H●r●d , and P●ntius Pilate , the Gentil●s that knew not the Law , did not compell men to lye , by saying not guilty , when they were guilty ; nor to goe against the Law of Nature , to accuse themselves by con●essing their owne g●il● ▪ but of all cruelty there is none li●e that of Antichrist , the Man of Sinne , and that Beast with seven Heads , and ten Hornes , spoken of in Revel. 13. and they exercise it upon their owne brethren , even the Members 〈◊〉 their Church . Thus the crowned Loenus in the midst o●●gyptian darknesse are a plague to the men of the earth . But the way to try a Th●efe is to examine the witnesses , ●nd if they prove matter of fact , the Judge is to decla●e ▪ how much he must pay , and to command that Law to b● put in execution ; that his estate should be seized , and if it will not satisfie , he must deliver up his person , not so much as to loose a limb , or any member of his body , but to goe immediatly to the Work-house , or place where he may be safely kep● with sufficient food , and work enough , as much as he is able to doe , and ply it constantly early and late every day ( Lords day excepted and to have sufficient time to sleep and rest ; and when they have wrought out their Theft , then to be free● 〈◊〉 if , they steal again to serve them in the same kind : as if the Theefe st●ale a 100li . he shoul● pay 20●li . if it be found with him , but if he have spent the money he shall pay 400li . If this course were well followed , Tyburne would lose many Customers , for it would much abate the number of Theev●s , and Murderers . My desi●e i● , That your Honou●● would move the Parliament to put GODS LAW in execution concerning this thing , and what it is I have declared before . It hath been desired tha● Lawes should be drawne up from GODS WORD , for the Government of this Nation , but unlesse the Parliament will bee pleased to confirme them , what are wee the better ? ordinary men cannot impose , all they can doe is onely to propose , onely God hath declared , His Testimonies must be bound up , and his Law sealed amongst his Disciples . But others doe take upon them to make Lawes besides , and contrary to THE LAWES OF GOD ; Moreover , if the Parliament should countenance such a thing that certain men should b● appointed to draw up Lawes according to THE LAWES OF GOD , it will a●ke a great deale of time ; and it is a work that the wisest and holiest men in the world , will find too great for them to undertake to doe without errours , unlesse they were infallibly inspired by THE HOLY GHOST . Moses was in the Mount with God forty day●s and forty nights , and neither eate nor dranke ; and forty daies and forty nights after that likewise ; Neither do we read , that he saw sleep with his eyes in all that time ; and after he wrote the Lawes and Precepts for all Israel , with the Statutes and Iudgem●nts , He was therein guid●d by the immediate direction of the spi●it of God infallibly , and how long he was writing them wee know not , but they are very full and brief , and very sufficient for the Government of that Nation , Neither had any Nation such an excellent Law as Israel had , Neither was there so excelle●● a Government amongst any people , as amongst the people of the Iew● , so long at they forsooke not the Law of the Lord , nor cast aside the word of the Holy one of Israel ; their chief City was called the City of Righteousnesse , the faithfull City , righteousnesse lodged in it ; their Iudges and Counsellours were Gods , and Children of the most High , becaus● the word of God was committed unto them , Now it may be it will bee a long time before the Parliament wil establish THE LAWES OF GOD , or give way for Lawes to be imposed upon this Nation , which are suitable thereunto ; and when such a worke is set upon , it will be long before it be accomplished , for whosoever taketh it upon them , must devote themselves wholly to the worke , and when they have used their best indeavours , a wond●r it will be if the Lawes they draw up , with manner of proceedings , will be so perfect that they need no amendments , in respect of matter and form ; and a long time wil be spent in debate , before such a work be admitted to be attempted ; And therefore I humbly conceive , that it is meer , that this businesse concerning the preservation or the petty Theeves should be concluded now with al speed , being out of controversie , and afterwards to doe the rest according as time , and opportunity will afford . For this doth concern LIFE which is above Person Name , Liberty , and ●state : And THIS THING being done will render the Antichristian Priests and lying Lawyers , the basest of men , who have lived upon the souls and bodies of men , and have not bad the fear of God before their eyes , but have made their belly God and their glory is their shame , end shall be destruction and their unlesse they repent . And as a testimony of the truth of God , in this particular , I set to my hand this 31 of Decem. 1651. SAMVEL CHIDLEY . A Letter written to the Regulaters of the Law , appointed by the Parliament , and sent , and presented to that Committee . Honourable Gentlemen : FOr as much as you are appointed by the Parliament to consider of the Inconveniencies ▪ Mischeifes , Chargeablenesse , and Irregularit●es in your Law , and that you have pro●essed your willingnesse to receive whatsoever persons have to offer in relation thereunto : I hold it meet to present you with these inclosed papers , which p●radventure may be a meanes to shorten your seven yeares tedious worke , and wherein you may observe that I have indeavoured to discharge my conscience before all ▪ witnessing against that hatefull sinne of puting men to death meerely for Theft ▪ although THE GOD OF NATURE doth teach a contrary Lesson : But who is so blind as those that will not see ? Surely covetousnesse is the roo● of all evill , and gifts destroy the heart● , an● blind the eyes of the wise , and pervert the judgement of the righteous , and men in the greatest places , are the greatest unbeleevers , for they have not so much faith as to trust GOD with their substance , but use indirect meanes to make uncertaine riches certaine ; as may appeare by their putting Theeves to death for stealing . Now when I found so little fruit in the Magistrates of the City of London , as you may see by my printed relations , I was sorry that my indeavours produced no better effect amongst them , whose Predecessors have alwayes been very forward to put the Lawes of man in execution , though they were never so ridiculous , and contrary to reason and Religion . I sent , and went unto others , whom it likewise principally concerned , even to those who are called the learned Iudges of the Land , and declared my judgement to as many of them as I could meet with , that they migh● not suffer their mouth to cause their flesh to sinne , by pronouncing unjust murdering sentences . I went downe also to the Sessions , but I could gather no Grapes of Thornes . And after I had delivered a Letter to the Lord President Bradshaw , to be presented unto the Councell of State ; I remembred that the Officers of the Army were men professing grea●●hings , for the advancement of Gods glory ; so I presented some Humble Proposals to those Honourable Gentlemen , which were well resented by them , a Copy of which I have sent you here inclosed with this Petition , which should have been presented to the House , but some of the Members conceived the businesse to be proper for you t● take Cognizance of , because you are appointed to consider , and make Report of the evils of your Law , for reformation thereof ; therefore you ought to cry out against Murder b●fore you doe any thing else , for this concerneth mens live● ▪ the best of your actions herein in my judgement having been at the most but a Tything of Mint , Anis , and Cummin ▪ and you have neglected Mercy , one of the weighty matters of the L●w , for I am verily perswaded , that it was in your powers to have put a stop to the murdering of those men which w●re hanged at Tiburne the last Sessions , for stealing five shilling● and six pence ; I hoped that you would have gone to the root , and not cropt only the Branches of wicked Lawes ; I am angry , and grieved at the heart , that you should so dally in Gods matters ▪ as not to acquaint the House with such a grosse , unnaturall , inhumane practise of the Law , as killing of the petty Theeves . I desire the LORD to give you repenting and relenting hearts , for doing his worke so negligently , to value mens lives no more ; for it is a sinne , and shame , that the ●and should still be defiled with more bloud , and how you can answer it in the day of Accompt , for not pre●enting such mischiefe when you knew how to doe it , and had an opportunity in your hands , I know not ; in my opi●ion , if you follow your worke never so close , if you omit this businesse of weight , you will make a long harvest of a little fruit ; no doubt but the time will be long before you have swimmed through the Ocean Sea of your troublesome Lawes , for what is the Chaffe to the Corne ? or the heap of Ashes to the sparke that 's hid under it ? May not the Parliament by the West Wind of their Legislative Power , blow such combustible stubble away ? You sit as Refiners , but time is precious , and drosse is not worth the labour of refining , and a leaden Law is too heavie for an honest heart , and we ought not to thinke that such a Law , because it is a Law , will be a sufficient excuse to the Executioners thereof , so long as it is Idolatrous , prophane , rebellious , bloudy , Adulterous , Theevish , lying , and covetous ; certainly that Law cannot be good , that force●h all men to preferre the meanest thing before the greatest ; ( that is , ) a little wicked Mammon with an Idolations badge upon it , before a mans precious life ; Salomon esteemed m●re of a living D●gge , then those who have killed men meerly for stealing , have ( or had ) of living men . Now if God doe touch your hearts , and make you throughly sensible of the abominations of the time , and set you in a thou●●ing posture , that you may bewaile your neglect in suffering the poore Theeves to be put to death , when it was in y●ur power to have prevented 〈◊〉 ; then you may the better goe on , like Iosiah's men , whom he set to spy out the abominations in the Land , and set up a sign , wheresoever you ●inde a bone of Haman-gog unburied , and go on , and let the Nation know the Idolatry , and Superstition of their Law , and its prophanenesse , and the Sabbath-breaking thereof , the rebellion of their Law , the Murder of their Law , the Adultery of their Law , the thef● of their Law , the lying of their Law , and the covetousnesse of their Law , and lastly , the uncharitablenesse of their Law , which is the end thereof , and so I end . Yours ( and the Common-wealths Servant ) in all lawfull things . Samuel Chidley . From my Mothers house in Soper Lane London , Febr. 25. 1651. READER , WHere are they that are valiant for the Truth , and will do the work of the Lord diligently ? If thou hast any spark of love or zeal to maintaine the wonderful Statutes of God , which my soul keeps ; I charge thee , as thou wilt answer before the Tribunal Seate of Gods eternal vengeance , That thou hinder not the publication of this to all persons who have an eare open to hear , neither conceal this precious Truth , which will maintaine him , that maintaineth it , and bring him into more acquaintance with God . For doubtlesse the standing for the Statutes and Judgements of the holy and blessed God , is a most blessed work , and the establishment thereof in this Nation will work a more blessed Reformation then ye● hath been , or shall be spoken of at this time . FINIS .