La Unknown, OR, Judgement Unjust. Wherein is showed, That some Persons were Indicted, Judged, and Condemned at the Sessions in the Old Bailey, London, by an Unknown Law, neither Printed nor Published; nor any ways knowable by the common People: Whereby the Inhabitants of this Nation may perceive what unavoidable Bondage and Slavery they are going into. With a brief Relation of the Killing of John Townesend, by Major Crosby at St. Alban's, and the proceedings of Court thereupon, in quitting the said Crosby, and punishing the peaceable standers by: And some remarkable Passages of Sir Harbottle Grimston in the said Trial. Together also with certain Queries, grounded upon the Act of Indemnity, especially recommended to the serious Consideration of the said Sir Harbottle, and all the Members of that Parliament whereof he was SPEAKER. How long will ye Judge unjustly: and accept the persons of the Wicked? Defend the poor and fatherless: do Justice to the afflicted and needy. Deliver the poor and needy: rid them out of the hand of the wicked, Psal. 82.2, 3, 4. Printed in the Year, 1662. Reader, I Know not whether this Paper will ever see the light of the sun, or not; We being fallen into times of such defection, and degeneracy, even from the common principles of the light of Nature, that Justice and Righteousness seem banished out of our Territories, and prohibited our Courts of Judicature: nothing more frequent than to call Light Darkness, and Darkness Light; Good Evil, and Evil Good; and accordingly to Justify the Wicked, and Condemn the Innocent; Whereof this Paper contains one small and petty Instance, which (compared with the great numbers of its fellows, and many of them much deeper in demerit) may be accounted a smaller proportion, than One, of a Thousand: To make a particular calculation of all which, as it would be next to an impossibility, (for they may well be called, Legion, or rather, many Legions; and would make a swelling Volumn, too big for this age well to bear.) So were it also like to be an undertaking of no great advantage; they appear so visible in their own Light, that he who should go about to demonstrate them, should do little better, than light up a Candle for men to see the Light of the Sun: Scarce any man's eyes so dim, but he now beholds them in their own Colours; and if there be yet a Blind man amongst us, let him take an exact survey of the proceedings of the Court at the Sessions, held at the Old Bailie in London, the 11th and 12th of this instant August, and there may he meet with Eyesalve, for the opening of his Eyes to see, the Door opened that leadeth Englishmen into the Paradise of unavoidable Bondage and Slavery. It was then, and there asserted once, and again, by him who sat as Judge at the trial of some men, who were then Indicted and Condemned by them, That they were not judged by any Act of Parliament, nor Statute Law; but by the Common Law, not Printed but Written; and such which the Judge himself professed in open Court, He had been Studying these forty years, and yet did not fully understand it; and therefore the Common People must be content to be ignorant of it. Oh England, England! Where is thy Magna Charta? Or what is become of thy Liberty, when thy freeborn Subjects shall be Indicted, Judged, and Condemned by such a Law, which was never Printed nor Published; and of the knowledge whereof they are no ways capable? A brief RELATION of the kill of John Townesend by Major Edward Crosby, the 4th. of May 1662., at St. Alban's in the County of Hartford, and the Proceedings of Court thereupon. Upon the day aforesaid, being Sabbath day, many People being met together in a peaceable manner at the Funeral of one Mrs. Terril, and one Mr. Heaward preaching unto them in a place called, either the Cloister, or, the Schoolwhite; the said Crosby come swearing in a furious manner, calling them Rogues, and Rebels, (without any occasion given him by the People, save only their being met as aforesaid) and directing his speech to the said Heaward, he cried out, Come down; Why prate you there? Come down, or I will pull you down. To which Heaward replied, If you have any Authority to command me to come down, I will obey it; but otherwise not. Then Crosby swore, He would fetch that which should fetch him down, and so went away; but about half an hour after, he returned again, with a Pistol cocked in his hand; accompanied by one Tymothy Ratcliff, a Constable of the Town, with a Fowling-piece in his hand. At which the People being much affrighted to see two men come against them with Fire-armes, some of them cried out, Murder, Murder. But Crosby, with his assistant Ratcliff, pressed in amongst them; Whereupon the said John Townsend uttered these words, Noble Major, Pray make no disturbance, consider it is the Sabbath day. Upon which Crosby replied, You Rogue, do you tell me of the Sabbath day? and turned himself about towards Townesend, (who stood almost behind him) and bending down the muzzle of his Pistol, (which before he carried upwards) presented it against Townesend, and gave fire upon him, and shot him, that he immediately died upon the place. And afterwards both Crosby and Ratcliff made up towards the said Heaward. Hereupon there was a great Cry among the People, some crying, Keep the peace, keep the peace. Others, Here is a man killed, Constable do your office; apprehend him that killed him, etc. The Substance of this Relation was proved by substantial Evidence to the Court, and the Jury, and might have been farther testified (with other agravating Circumstances) by a cloud of Witnesses more, had not the Justices terrified them through fear, and with threatenings. Upon all which, several of those men who were peaceably met together as aforesaid, were bound to their good behaviour, and Indicted for a Riot; especially those who cried, Constable keep the peace, do your office, etc. But the said Ratcliff, who was assistant to Crosby and came with him armed as aforesaid, contrary to the Law; and refused to do his Office, etc. and therefore in the eye of the Law was deeply accessary to the Fact, and aught to have been dealt with accordingly; was notwithstanding (not only unmolested, but) made Foreman of the Jury to try Crosby, who stood Indicted for Wilful Murder. Yet nevertheless (though Ratcliff was Foreman) the Jury brought in the Bill, a true Bill: At which Sir Harbottle Grimston demanded of them, Will you hang a Man upon supposition? Can you prove that he came with a full intent to kill him? or words to that effect. And bid them go again; which they did, some of them saying, They meant not to hang him, but thought they had done right; for they intended to do as they were bid, or words to that purpose. But (it seems not well understanding their Lesson) the second time they brought the Bill in Ignoramus; whereupon the said Crosby was quit by Proclamation. Now because this story hath filled the ears, and exercised the tongues of many, Your Speech to the King, Aug. 29 1660. far and near; Let us reason a little with Sir Harbottle Grimston upon some Maxims of his own. Sir, it was your own observation very lately, that, To settle men's estates was the way to quiet their minds. But how (think you) can we look upon our Estates as settled, or, what quietness can the minds of Englishmen have, when their lives shall be in jeopardy every hour, and their persons obnoxious to be assaulted, killed and murdered at the malicious rage of such wicked and ungodly wretches as Crosby, if justice cannot be had against the Murderers? If Jehu had reason to demand, What peace so long as the Whordoms of Jezabel, and her Witchcrafts are so many? How much more cause have Englishmen to say, What peaceable security have we, when the Justices upon the Bench, [and no less than a quondam Speaker of Parliament] shall countenance the Murderer? Or, what Justice are we like to expect, when such shall be made Foremen of the Jury to try Capital Offenders, who were themselves accessary to the Crimes committed? especially if accompanied with such fellow Jurats, who shall say in open Court, They intended to do as they were bid? What is the Law? or, what is our security by it when thus perverted, and employed to punish the Innocent, and discharge the Guilty? Peaceable men bound to their good behaviour, and Indicted as Rioters; and the Constable that assisted the Murderer with Fire-armes, made Foreman of the Jury; and the Murderer quit by Proclamation upon an ignoramus Verdict. Was there ever the like precedent before, that a Jury should be turned back when they had found a Bill, under the like proofs as in this case; and an ignoramuus Verdict received? The King hath lost a Subject: This man killed him in the face of many Witnesses; in the manner aforesaid: and can the Bill be found ignoramus, and he that killed him quit thereupon? Where is the Justice of the Judge? Eccles. 10.16. Psal. 82.2, 3 — Woe to thee oh Land (saith the Wise Man) when thy King is a Child, and thy Princes eat in the morning. How much more may we say, Woe to thee oh Land, when thy Judges are thine Oppressors, and those that should defend the cause of the Fatherless, and the Widow, shall defend the Murderer, and the Peace-breaker? Surely such wisdom as this, Gen. 3.4, 5. was not conveyed by Divine intelligence into the Soul of the judged, but rather inspired from him, who first taught men shifts to evade the dint of a righteous Law. I appeal to you Sir, who so lately was as the Mouth of the Commons of England, Speech to the King, Aug. 29 1660. 2 King. 4.40. Whether such Justice as this will Deliver us from our Sufferings? Or, Knock off our Shakels? Or, Set us at Liberty? Will such Judges and Judiciary proceedings turn our Prison into a Paradise of Pleasure, & fill the whole Nation with Joy, Love, and Peace? If this be the after-crop, which the fair weather of our Patience hath brought forth for us, what food can we expect therefrom, but such as hath Death in it? Or, what contentment can any of the Loyal and Faithful Subjects of the Land receive thereby? Will such treacle as this, expel the poison of John Townsend's Blood, and make a Sacrifice to appease God's wrath, and satisfy Divine Justice? Will God be mocked? Can you demand of him, whether Crosby intended to kill? Or, would you know his Judgement? Read Numb. 35.16. And if he smite him with an instrument of iron (so that he die) he is a murderer; the murderer shall surely be put to death. And vers. 31. Moreover ye shall take no satisfaction for the Life of a murderer, which is guilty of Death, but he shall be surely put to Death. But Crosby did more than this, his Act had Contrivance, and Deliberation in it; He first Threatened, then fetched his Pistol, cocked it, and presented it against Townesend, gave fire and killed him; and afterwards pursued another man. Certainly this is no more like unto Murder, than one Egg is like another; and to say that Crosbey had an intent to kill a man, is (without all doubt) as bade us to call a Spade, a Spade; or, a Bottle, a Bottle. What greater demonstration can you have of the inward Intention of any Murderer? And yet would you reject a Verdict that found him guilty, and quit him upon an ignoramus? HEAR oh Heavens! and GIVE EAR o Earth! and Consider ye Justices of the Bench! Think not that God will be mocked; Or, that Considerate Men will always shut their Eyes: No, you do not dance in such a Net, but many in City, and in Country do look upon you: This Story rings far and near; and is come very nigh unto the Ears of the King's Court. And let all such folly be made manifest that it may proceed no further. 2 Tim. 3.9. Matth. 26.13. — Our Lord Christ saith, concerning the Woman that poured the box of Ointment on his Head, Wheresoever this Gospel is preached, there shall this be told for a memorial of her. In like manner, wheresoever the name of Sir H. G. from henceforth shall be mentioned, let this story be told, for the future shame, and reproof of all Contrivers of Injustice and Unrighteousness in the seat of Judicature. He that Justifieth the Wicked, and he that Condemneth the Just, even they both are abomination to the Lord, Prov. 17.15. Mr. Grimston's Speech in Parliament upon the Accusation and Impeachment of William Laud, Arch Bishop of Canterbury, of High Treason. Printed in the Year 1641. and now Reprinted for public use. Mr. Speaker, THere hath been presented to the House, a most faithful and exact report of the conference we had with the Lords yesterday, together with the opinion of the Committees that were employed in that service: That they conceived it sit the Arch Bishop of Canterbury should be sequestered. I must second the motion, and with the favour of this House, I shall be bold to offer my Reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare Sequestration only. Mr. Speaker, Long Introductions are not suitable to weighty business; We are fallen upon the great man, the Arch Bishop of Canterbury; Look upon him as he is in his Highness, and he is the Sty of all pestilential filth, that hath infected the State, and government of the Church, and Commonwealth: Look upon him in his Dependencies, and he is the man, the only man, that hath raised and advanced all those, that (together with himself) have been the Authors and Causers of all the Ruins, Miseries, and Calamities we now groan under. Who is it, but he only that brought the Earl of Strafford to all his great places, and employments, a fit Instrument, and Spirit to act, and execute all his wicked and bloody designs in these Kingdoms? Who is it, but he only that brought in Secretary Windebanke into the place of Secretary and Trust; the very Broker and Pander to the Whore of Babylon? Who is it (Mr. Speaker) but he only, that hath advanced all Popish Bishops? I shall name some of them, Bishop Manwaring, the Bishop of Bath and Wells, the Bishop of Oxford, and Bishop Wren (the least of all) but the most unclean one. These are men that should feed Christ's Flock, but they are the Wolves that devoured them: The Sheep should have fed upon the Mountains; but the Mountains have eat up the Sheep. It was the happiness of our Church, when the zeal of God's House did eat up the Bishops; Glorious and brave Martyrs that went to the Stake in defence of the Protestant Religion: But the zeal of these Bishops hath been to eat up, and persecute the Church. Who is it (Mr. Speaker) but the great Arch Bishop of Canterbury, that hath sat the Helm to guide and steer them all to the managing of their Projects, that have been set on foot in this Kingdom these ten years last passed? And rather than he would stand out, he hath most unworthily trucked and chaffered in the meanest of them; as for instance, that of Tobacco, wherein thousands of poor people have been stripped, and turned out of their Trades, for which they have served as Aprentices: We all know he was the Compounder, and Contractor with them for the Licences, putting them to pay Fines, and Fee, and Farm Rents to use their Trades. Certainly (Mr. Speaker) he might have spent his time better (and more for his grace) in the Pulpit, than thus sharking and raking in the Tobacco shop. Mr. Speaker, We all know what he hath been charged withal here in this House; Crimes of a dangerous consequence, and of transcendent nature; No less than the subversion of the Government of this Kingdom, and the alteration of the Protestant Religion; and this not upon bare information only, but much of it comes before us already upon clear and manifest proofs: And there is scarce any business, grievances, or complaints, come before us in this place, wherein we do not find him intermingled, and as it were twisted into it; like a busy and angry Wasp▪ his sting in the tail of 〈…〉 thing. We have this day heard the report of the conference yesterday; and in it the accusations which the Scotch Nation have charged him withal; and we do all know he is guilty of the same, (if not more) in this Kingdom.— Mr. Speaker, He hath been and is, the common enemy of all goodness, and good men; and it is not safe that such a Viper should be near his Majesty's person, to distil his poison into his sacred Ears; nor is it safe for the Commonwealth, that he should sit in so eminent a place of Government, being thus accused. We know what we did in the Earl of Strafford's Case. This man is the corrupt Fountain, that hath infected all the Streams; and till the Fountain be purged, we cannot expect to have any clear Channels. I shall be bold therefore to offer my opinion, and if I err, it is the error of my Judgement, and not my want of zeal and affection to the public good. I conceive it most necessary and fit, that we should now take up a resolution, to do somewhat, to strike whilst the Iron is hot, and go up to the Lords, in the Name of the Commons of this House, and in the Name of the Commons of England, and to accuse him of High Treason; and to desire their Lordships his person may be sequestered, and that in convenient time they may bring up the charge. Six Queries, seriously propounded to all, but especially recommended to Sir Harbottle Grimston, with the rest of the Members of that Parliament, whereof he was SPEAKER; grounded upon the Act of Indemnity; whereby are pardoned all Treasons, etc. as therein is mentioned; until the 24th. of June 1660, and no longer. Hereupon I Querie, Querie 1. 1. Whether such men who after the said 24th of June 1660. sat and made Laws as a Parliament, being not called by the King's Writ according to Law, did not usurp the Legislative power of the Nation, contrary to the Laws thereof? And whether this be not implied (at least) in the Preamble to an Act, Entitled, An Act for confirmation of public Acts; Made by the Parliament begun and held at Westminster, the 8th day of May 1661.? Querie 2. 2. Whether such as shall usurp the Legislative Power as aforesaid, be not guilty of High Treason? Querie 3. 3. Whether (unless an Act of Pardon shall be made for them) the King may not at any time, when he finds cause, give forth Orders to apprehend, imprison, and try any of them accordingly? Querie 4. 4. Whether the King hath any reason to be gracious to, or confide in such men? Or, Whether by the same Principles they may not act as much against the King, if occasion serve, as they then seemed to do for him? For he whose Principle will serve to break the Law one way, why may it not serve him to break it the contrary way another time? Querie 5. 5. Whether if the King should always connive thereat, it would not seem (at least) to a great degree, to justify the usual plea of his Adversaries, to make good their former proceedings against himself, who were wont frequently to plead Necessity, and not Law, for the ground, and justification of their actions? Querie 6. 6. Whether it be safe for the King and Kingdom to let them all escape without some examples of Justice; inasmuch as their proceedings in this kind seems so much to justify the Plea of Necessity practised by others heretofore; and likewise tends very much to encourage other men in future time to dangerous practices upon the same principle? FINIS.