{non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} A CRY against a Crying sin: OR, A just Complaint to the Magistrates, against them who have broken the Statute Laws of God, by killing of men merely for Theft. MANIFESTED In a Petition long since presented to the Common council of the City of London, on the behalf of transgressors. Together with certain Proposals, presented by Col. Pride to the Right Honourable the general counsel for the Army, and the Committee appointed by the Parliament of England, to consider of the inconveniences, mischiefs, chargeableness, and irregularities in their Law. JER. 5.4, 5, 6. Therefore I said, surely these are poor, they are foolish, for they know not the way of Jehovah, nor the judgement of their God. I will get me unto the great men, and will speak unto them, for they have known the way of Jehovah, the judgement of their God but these have altogether broken the yoke, and burst the bonds▪ Wherefore a Lion out of the forest shall stay them, a wolf of the evenings shall spoil them, a Leopard shall watch over their Cities, every one that goeth out thence shall be torn 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●● pour out my wrath upon them like water, Ephraim is oppressed and broken in judgement, because he willingly walked after the commandment. Therefore will I be unto Ephraim as a Moth, and to the house of Judah as rottenness. 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 sign of the Chequer. 1652. The Preface. THis little Book reflecteth upon all those who have broken the Statute laws of God, by killing of men me●rly for Theft, Let such sinners who are the Judges, or Executioners of such overmuch Justice, be ashamed, and confounded for defiling the Land with blood; if they hold on this their wonted course, now the light of lawful Liberty breaketh forth; Will not the Land spew them out? for the earth cryeth against this sin, which cannot be cleansed in an ordinary way without the blood of him that sheddeth it; This is one of the abominations of the time, for which the Saints ought to mourn. It is long since this following Petition was presented to Tho. Andrew's Esquire, the than Lord Mayor, and to the Aldermen, and Common counsel, 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 midst of their jollity, and to the learned Judges of the Land, yea to the Commissioners of Oyer and Terminer, and goal delivery, at the Sessions at Newgate, before whom I appeared, to put them in mind of their duty, and of the Law of God, which they had forgotten, and rested too much upon an arm of flesh; yea, if they had done what they were bound in conscience to do, and had observed that most righteous Law to which they were sworn, it would have saved me a labour of going to the counsel of State, general counsel of the Army, or the Parliament. Now seeing little fruit yet appear, for the establishing of the laws of God in this Nation, (for the lives of men are taken away merely for unvaluable Trifles) I am once more pressed in spirit to publish the same in manner and form following, thus sounding an alarm against the workers of iniquity, that they may rep●●t, and turn from their evil ways; so delivering my soul, and clearing myself of that blood-guiltiness which lieth upon others, and ●specially upon rich men, who are called to weep and hewle for the miseries that shall come upon them▪ For the bread of the needy is the life of the poor, and be that de●rou●eth him of it is a murderer; and the Scripture saith, Thou shall take no ransom for the life of a murderer 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 endeavours tending not only to the g●od of those transgressors who have not deserved death by the laws 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 do admire that men who prof●sse to be governed by God's laws, and stand against Tyranny, s●ould have a ●inger in such a work▪ 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 hear them whose hands are full of ●i●ud. To the Right Honourable the Lord Mayor, Aldermen, and Commons in Common counsel 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 sinful 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 man's will though great is good, unless it be correspondent to the will of him who is greater than the greatest nor the Law of any Authority whatsoever, unless it be according to the Law of him who is higher than the Highest. Therefore when great ungodly men have by their own wills, and inhuman laws for many years, 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 overmuch righteousness, and overmuch wickedness, the people abetting them, hath brought death and Destruction upon this Land, and the hand of the Lord is stretched out still against this sinful Nation, and unless they repent they shall surely perish. That the head of this Land is the sinful 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; grey hairs 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 die, blood 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 merely 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 merely for Stealing, and commonly many though found notorious thieves, 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 souls. Therefore our desire is, That ye would take these things into serious consideration, and (in your wisdoms) take such a prudent and effectual course, that in the execution of justice the remedy may not ●e worse than the disease, like those who kill their wounded Patients, and wound themselves, but that punishment may be equalised proportionable to the Offences, that the Prosecutors, or Executors of the Law ma● have no cause to repent, and that one witness 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 means make the wills of any men, or any human laws whatsoever any rules for you to walk by, further than 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 ancient, familiar, common, and customary, and that ye would address yourselves to the Parliament for we obtaining of these things. And your affectionate Petitioners shall pray. Here followeth a Letter written to Thomas Andrew's, the Lord Mayor that then was. Right Honourable: I Hope your Lordship hath not forgotten our Petition in the behalf of Transgressors, Christ made Intercession to God for Transgressors, who were guilty of eternal death before God, we make intercession for men who are not guilty of temporal death before men; Divers Petitions have been 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 died for the ungodly, and received gifts for the Rebellious. I have written this enclosed Paper to further the Petition, I desire that my council may be acceptable unto your Honour, so long as it is agreeable with God's Word, and if it be agreeable to your lordship's 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 heavy 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 clear themselves of blood gu●l●●nes●e▪ I desire your Lordship again to consider seriously of t●is enclosed Writing, I have showed it to just men and they ●●●●ove 〈◊〉 your Lordship in your wisdom 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 maxim in Law, that all laws which are not according to God's Law and pure reason, are v●yd and null, and if so, than not binding to a Citizen, or to any other under Heaven, and so are no rules for me to walk by▪ but it is the Word of God, which is binding and y●● is not bound. Honourable Sir, I am Your lordship's humble Servant. Samuel CHIDLEY. London-Bridge Iune●5th 16●9. Certain Reasons of weighty consideration in reference to the Petitio● to the Common Councel● in behalf of Transgressors. ALthough there be ground sufficient enough in the Petition itself to ●ince that no Malefactou●s life should be taken away merely 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 hardness of men's 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 human, bloody, Barbarous, and tyrannical, 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 laws of men, contrary to the laws 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 again; 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 own C●untry, Levit. 24.17, 18, 19, 2●, 21, 22. The Lord of Life hath expressly declared (and it is known to all men living) that the life is more than meat, and the body is more than raiment, Luk. 12.22. If then the life be more than meat, no man's life should be taken away for meat, much less for ra●ment, which is inferior; and all things necessary for the temporal life and body of man are comprehended in these terms, food and raiment, 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 thief be found breaking through (the Sun being risen upon him) and be smitten that be die, blood 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 shall be fold for his Theft; and the Lord hath not said that he that stealeth food, or raiment, shall be put to death, or that his blood shall be shed; But whose sheddeth man's blood, by man shall his blood be shed, Gen. 9.6. So than it appeareth, that it is murder by the Law of God to kill a man merely 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 laws hath stated particular cases in this, as well as in other things, and made them so plain 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 precedent 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 well be applied unto this sinful and miserable Nation, who are not sensible of the dangerous consequence of this one deadly evil amongst the rest; how unjust a thing it is to kill a man for stealing fourteen d. let all men reasonable judge, for so is the Law of this Land, according to which the people are forced to prosecute the thieves; but in King Salomon's time men did not despise a thief in some case, Prov. 6.30. And he whom is greater than Solomon, even the Lord Jesus Christ who is the Prince of the Kings of the Earth, hath not given the least hint that he● that stealeth food or raiment should be killed, but he that ●ad●th into Captivity, shall go 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 expressly commanded, That he that will not work, nei●●●r should he eat, 2 Thes. 3.10. Many precepts, president●, and propositions may be brought to confirm 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 honourable, the Commissioners of Oyer and Terminer, and goal Delivery of NEW GATE. Right (Worshipful and) Honourable, ALthough I know not any of my acquaintance to be guilty of Theft: Yet I seek to save the lives of the so siner● whom God would have preserved: And I coming down 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 go against the very letter and equity of the Law of the only lawmaker, by whom, and by which yourselves must be judged▪ caused me to call to mind, how that Great men are not always wise, neither do the aged always understand judgement. Right Honourable, I am sorry to see you go on still in your wonted course, of arraiging men for their lives merely 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 mere necessity, yet you arraign 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 again, but they are great sinners indeed, who rob men of their precious lives. And the worst of men are such as despise and destroy thieves that steal, merely to satisfy their hunger: It seems some of the thieves you will press, 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 circumstantial these things are: The weight of trials 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) find them guilty, surely you must take no ransom 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 himself, 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 laws 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 laws being subordinate to God's laws, as the Country is to God himself, than your tranquillity would be lengthened. Consider what I say in the fear of God, for life is above liberty and estate. The jewel of one man's life, all your estates cannot balance. I took notice of a passage of the Lord chief Justice Rolls, and it was we I observed, how that the thieves are honest before they come in goal, and there they become nought; and learn to lie, by saying not guilty, when they had confessed it before. If it be so, then great pity 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 wisdom of God, By whom Princes and Nobles, yea, all the judges of the earth are said to rule: So leaving these conscientious Dictates to your serious thoughts, I subscribe myself, Your Humble Servant, Devoted to the fear of God, and service of the commonwealth, 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 hour of the day, where when Mr. Chidley was called, he made answer, and came to the Board, and the Letter was there publicly owned by him, as his own hand-writing, which he would stand by and justify, it being (as he said) a discharging of his conscience, as a testimony before them all, which he left to their serious consideration; whereupon 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 men's lives for such trivial 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 publicly, that all the Bench might hear, and then, saith he, afterwards I will plead whatsoever comes of it, whether I live, or die; but they would not harken 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 go from thence to the place from whence he came, and be led into a dark room where there was no light, and should be stripped 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 bear, and more; And the next day he should have only three morse●s of barley-bread, without any drink, And the day following three draughts of the kennel water-running under Newgate, as much as he could drink, and so to remain in that condition from day to day till he died. Psal. 119.126, 127, 128. It is time for thee LORD to work for they have made void thy Law; Therefore I love thy commandments 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 honourable the council of State. The humble Petition of Samuel Chidley. Showeth, THat your petitioner setting the fear of the LORD of Lords before his eyes, and advancing the Judgements and laws of the God of gods in his heart before the precepts of frail man, was moved in zeal 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 usual custom, which is against the Law of God, the good things contained in the solemn League and Covenant of the Nation, the Oath of every freeman of London, Reason itself, the witness of Conscience well checked, or rightly rectified and the whole Creation of God: My humble desire is, That this Honourable council 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 laws 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: Jehovah will be with the good. And your Petitioner shall pray, &c. SAMVEL CHIDLEY. To the Right Honourable the general council for the Army, the humble Proposals of Samuel C●idley. Showeth: THat for as much as the LORD of Lords hath anointed you to be the Heads of the Forces, which he hath mustered up, for the destruction of that Generation of sinful men, who are compacted together, as one man, to establish iniquity by their laws, which they have set up in direct opposi●ion to the laws of GOD, and have made use of the Kings of the Earth (as their horns) to protect them in the exercise of their bloody Cruelty; and seeing THE LORD OF HOSTS hath in a great measure subdued your enemies, and that your Swords are not returned empty, It concerns you (Right Honourable) to testify your thankfulness by yielding obedience unto THE statutes-lawes OF GOD, which at this day in the main fundamental parts thereof are trampled upon, by those who have a form of godliness, and deny the power thereof in their practices; as may appear by their putting of men to death for trivial matters, contrary to the LAW of GOD; for God's LAW saith, If a thief steal, 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 soul abhors the sin of Th●ft, i● deserving the punishment of eternal death before God (how much more the crying sin of Murder?) And though I know not any of them, and (for aught I know) not one of them knows 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 God's glory, to cry out against the irrational and irregular proceedings of men, who set up or maintain a Flag or Standard of Defiance against their own consciences, and THE MOST RIGHTEOUS laws OF THE only lawmaker; and this I have endeavoured to do in such ● peaceable way, that my transaction of this business for God may not savour of any bitterness of spirit in me, against the persons of those me● or contempt of their lawful authority, who sit in Judgement, and do err therein▪ (as I humbly conceive) but seeing God hath said, he will mag●if●e his LAW, and make it honourable, And that it hath been a usual course with him to make choice of weak instruments, to make his truth known; I therefore upon this account was resolved to put forth myself, and engage my heart in this business, the consequence whereof, when accomplished, will be more than I will speak of at this time; And although I endure some reproaches for it, some saying; What a thief is this to attempt such a work? and that none but thieves 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 human frailty,) And because I have a seasonable opportunity to acquaint your honours with this business, and to crave your assistance, I desire you in the first place to consider my Printed Papers, wherein I have showed my dislike of putting men to death for stealing, and for the further amplification and enlargement thereof, I desire you to consider of these Positions. 1. THAT GOD IS THE ONLY lawmaker; 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 pain of damnation: and that whatsoever laws and Proceedings are opposite thereunto in the smallest measure, are unjust, and the executioners thereof do sin; and by how much the greater the Precept is, by so much the more do they offend, that violate the ●ame. 2. GOd hath nowhere 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 national SIN, for which, God hath, and will visit them with his arrows of of indignation; yea, the people are so blinded with this ●orrupt custom, that they know it not, neither will they understand, but think they do well, and that they shall have peace, though they walk on in darkness, while the foundations of the earth are out of course. Obj. And whereas they object, That it is the Law of the Land to put thieves 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 men's lives; yea, God was so far from commanding such thieves 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 expressly 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 laws and customs of this Land, that he that discovers the thief is bound over to prosecute him, though is ●e to the taking away of his life; and after he hath done that, the owner shall sustain damage nevertheless, and he can have no more than the life of the thief; And some men are so ignorant, cruel, hard-hearted, and revengeful, 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 laws, that if the thief steal 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 witness 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 poor thieves to death for sealing, that are not able to make restitution out of their estates, is against God's LAW, because in such case● GOD hath said they shall be sole 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 than a dead lion; 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 rational men judge. The APOSTLE saith, they should labour with their hands, no saith the Bench, they shall be hanged, tie up their hands, and he that hath bene●it of Clergy, and can read his neck verse, burn 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 again, if no man will set him on work, which thing men will be cautions to do, to one that carrieth 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 thieves know its a hanging matter to steal, and it's no more to commit murder, and then for safety of their lives, and 〈…〉 Theft they commit Murder, for fear lest the party should come and witness against them, to the taking away of their lives. 6. THis Law is the cause wherefore many thieves escape, because they find that the remedy would be wo●●● then the disease, for if they prosecute them, they shall be put to a great deal of expense 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 do 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 fourfold, are his estate i● to be taken to satisfy 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, nobody 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 work in our own Country, by Land or by water, being chained up, they might work in Mines, heave Coal●▪ and earn three or four shillings a day, or row in galleys, or be put in work houses, for to pun. Hemp, or other servile imployment●. And why cannot we put them to it here, as well as the Hollanders there, till they have made satisfaction) and not put the thieves in such places, which is a hell on earth; where they learn to be worse than ever they were before, or they may be transported to some of our own Plantations, where some that have been in the like condition transported, have soon become honest, and being very ingenuous have been able to teach the Planters, which maketh the Merchants to prize the thieves far above the ordinary Vagrants, or other persons that are taken up by the Spirits in the 〈◊〉 because they want that ingenuity that the thieves have, for generally the wittiest rogues are the greatest cutpurses. 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 themselves a double deb●▪ Obj. But what if they will not work? Ans. They must not eat, and before such a one will dy● for hunger, doubtless he will eat the flesh, of his arm, and before he will eat his own flesh it may be he will work, hunger will break through stone walls, and if any thing f●rce him to work, this will, for his bel●y requires it of him; bu●, if he will perish let him perish, his own blood is upon his own head, and the commonwealth is discharged of it. Such c●u●ses as these would be a means to terrify the thieves, and suppress Theft for many of them would rather ●e hanged; but if a man would be hanged, he must not have His desire, unless the Law requireth it, so though thieves cause to die against the Law of God, rather than to live according to it, they must be kept alive notwithstanding, and set hard at work to earn their bread, and the overplus 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 bless 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 instrumental means of converting one poor Sinner, shall have no cause to be sorry for it in the day of account. ANother abuse in the proceedings of the Law of this Land is that whereas God's 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 knows nothing of the business, whether he, whom he hangs be an honest man, or a knave; he will hang a Martyr as well as a thief, but doubtless he hath a check of Conscien●e as well as his Masters, else why will he ask them forgiveness before he turns them off? Now all that can be alleged, for the hangman is, He doth but his Office, he is but an Executioner of the Law, and Sentence. And the like the Judges do allege for themselves, Alas, (●ay they) what can we do, 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 do you come to us? what would your have us do? we have no power! But judges ought to be men of courage, fearing God, and hating covetousness, and such as will observe God's laws, and judge according to HIS statute book, and by THE laws OF GOD. No Executioner ought to inflict death upon any man, unless he in the execution of him be satisfied in his own Conscience, that the man ought to die, else he is a Murderer after a manner, though the Offender deserveth death; 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 do it, they must be severely dealt with. This is my opinion, which I humbly submit to the consideration of those who have more understanding than myself. ●. ANother abuse which I find in the pro●eedings of the Law, is in the Pressing men to deat●, because they will not hold up their hands at the bar, or say they are guilty, or not guilty, upon which circumstantial N●●ety, they condemn them to be pressed in such a tyrannical manner, that the very sentence itself is enough to terrify the poor Creatures, and make them op●n their mouths to confess their own guiltiness, or else to lie against their own● consciences. Obj. But 'tis objected, That they are pressed to death within half an hour 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 go 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 physician, that will give his Patient something in pity, to rid him out of his pain, because he believeth he must die, and cannot escape his fit of sickness, 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, unless a Law of Antichrist; I am sure such precepts came neither from Mount Zion, nor Mount Sinai; these have out-●tripped H●r●d, and P●ntius Pilate, the Gentil●s that knew not the Law, did not compel men to lie, by saying not guilty, when they were guilty; nor to go against the Law of Nature, to accuse themselves by con●essing their own g●il●▪ but of all cruelty there is none li●e that of Antichrist, the Man of sin, and that Beast with seven Heads, and ten horns, spoken of in Revel. 13. and they exercise it upon their own brethren, even the Members 〈◊〉 their Church. Thus the crowned Loenus in the midst o●●gyptian darkness 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 satisfy, he must deliver up his person, not so much as to lose a limb, or any member of his body, but to go immediately to the workhouse, or place where he may be safely kep● with sufficient food, and work enough, as much as he is able to do, and ply it constantly early and late every day (Lord's 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 thief 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, Tyburn 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 God's LAW in execution concerning this thing, and what it is I have declared before. It hath been desired tha● laws should be drawn up from God's WORD, for the Government of this Nation, but unless the Parliament will be pleased to confirm them, what are we the better? ordinary men cannot impose, all they can do is only to propose, only God hath declared, His Testimonies must be bound up, and his Law sealed amongst his Disciples. But others do take upon them to make laws besides, and contrary to THE laws OF GOD; Moreover, if the Parliament should countenance such a thing that certain men should b● appointed to draw up laws according to THE laws OF GOD, it will a●ke a great deal 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 do without errors, unless they were infallibly inspired by THE HOLY GHOST. Moses was in the Mount with God forty day●s and forty nights, and neither eat nor drank; and forty days 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 laws 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 we 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 forsook 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 righteousness, the faithful City, righteousness lodged in it; their judges and counsellors were God's, and Children of the most High, becaus● the word of God was committed unto them, Now it may be it will be a long time before the Parliament will establish THE laws OF GOD, or give way for laws to be imposed upon this Nation, which are suitable thereunto; and when such a work is set upon, it will be long before it be accomplished, for whosoever taketh it upon them, must devote themselves wholly to the work, and when they have used their best endeavours, a wond●r it will be if the laws 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 will be spent in debate, before such a work be admitted to be attempted; And therefore I humbly conceive, that it is mere, that this business concerning the preservation or the petty thieves should be concluded now with all speed, being out of controversy, and afterwards to do 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 unless 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▪ mischiefs, chargeableness, and Irregularit●es in your Law, and that you have pro●essed your willingness to receive whatsoever persons have to offer in relation thereunto: I hold it meet to present you with these enclosed papers, which p●radventure may be a means to shorten your seven years tedious work, and wherein you may observe that I have endeavoured to discharge my conscience before all▪ witnessing against that hateful sin of putting men to death merely for Theft▪ although THE GOD OF NATURE doth teach a contrary Lesson: But who is so blind as those that will not see? Surely covetousness is the roo● of all evil, 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 unbelievers, for they have not so much faith as to trust GOD with their substance, but use indirect means to make uncertain riches certain; as may appear by their putting thieves 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 endeavours produced no better effect amongst them, whose Predecessors have always been very forward to put the laws 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 judges 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 sin, by pronouncing unjust murdering sentences. I went down also to the Sessions, but I could gather no Grapes of thorns. And after I had delivered a Letter to the Lord President Bradshaw, to be presented unto the council of State; I remembered that the Officers of the Army were men professing grea●●hings, for the advancement of God's 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 enclosed with this Petition, which should have been presented to the House, but some of the Members conceived the business 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 do 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 persuaded, that it was in your powers to have put a stop to the murdering of those men which w●re hanged at Tyburn the last Sessions, for stealing five shilling● and six pence; I hoped that you would have gone to the root, and not cropped only the Branches of wicked laws; I am angry, and grieved at the heart, that you should so dally in God's matters▪ as not to acquaint the House with such a gross, unnatural, inhuman practice of the Law, as killing of the petty thieves. I desire the LORD to give you repenting and relenting hearts, for doing his work so negligently, to value men's lives no more; for it is a sin, and shame, that the ●and should still be defiled with more blood, and how you can answer it in the day of account, for not pre●enting such mischief when you knew how to do it, and had an opportunity in your hands, I know not; in my opi●ion, if you follow your work never so close, if you omit this business 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 laws, for what is the chaff to the corn? or the heap of Ashes to the spark 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 dross is not worth the labour of refining, and a leaden Law is too heavy for an honest heart, and we ought not to think that such a Law, because it is a Law, will be a sufficient excuse to the Executioners thereof, so long as it is Idolatrous, profane, rebellious, bloody, Adulterous, thievish, lying, and covetous; certainly that Law cannot be good, that force●h all men to prefer the meanest thing before the greatest; (that is,) a little wicked Mammon with an Idolations badge upon it, before a man's precious life; Solomon esteemed m●re of a living D●gge, than those who have killed men merely for stealing, have (or had) of living men. Now if God do 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 bewail your neglect in suffering the poor thieves to be put to death, when it was in y●ur power to have prevented 〈◊〉; then you may the better go on, like Josiah'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 profaneness, 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 covetousness of their Law, and lastly, the uncharitableness of their Law, which is the end thereof, and so I end. Yours (and the commonwealth's Servant) in all lawful things. Samuel Chidley. From my mother's 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 maintain the wonderful Statutes of God, which my soul keeps; I charge thee, as thou wilt answer before the Tribunal seat of God's eternal vengeance, That thou hinder not the publication of this to all persons who have an ear open to hear, neither conceal this precious Truth, which will maintain him, that maintaineth it, and bring him into more acquaintance with God. For doubtless 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.