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A78417
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A Caveat to those that shall resolve, whether right or wrong, to destroy J.L.
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1653
(1653)
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Wing C1617; Thomason E705_21; ESTC R207112
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4,782
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8
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A Caveat to those that shall resolve whether right or wrong to destroy J.L. July 16 1653 AS Touching J. L. I shall not engage in a Question or Dispute whether he hath trangressed any true Law and consequently for such transgression he ought to dye as a Malefactor But the matter that is insisted upon is That Right and Justice may be adminâ—stred whether he transgressed or not The enormity of Arbitrary judgement is sufficiently known and felt by many and it is such an evil in Governments that I have that candid opinion of any man that enjoys the natural faculties that God endowed him with that he cannot in any way side with it or in reason produce any arguments for its support But rather the light of nature and reason resident in all men will inforce them to declare that Arbitrary judgement is not fit or expedient to be exercised among Heathens more especially amongst Common Christians more especially amongst those Christians who pretend and would have the world to know that they have tasted and known in-dwellings of the Spirit of God and do also will the world to know that their whole aym is to advance the Lord Jesus and his Gospel in the earth against all opposers and more especially since those Christians have in their Land a known Law a standing Rule to walk by The effects of this deadly poyson Arbitrary Judgement hath been drunk deeply by many who no doubt can declare largely the evil existence and effects thereof The benefit and vertue of Laws have been known in all ages experimentally and what need of a Law if it shall not be executed but instead thereof Arbitrary Judgement take place Did God give a Law to the Israelites to walk at their will Did ever Israel flourish better then when they kept the Law and inclined thereto I doubt not but sacred Writ declares the contrary If judgement in Rulers should be Arbitrary what means those Laws established in all Countreys of the world I shall not be so prolix as to discourse further of the benefit of a Law when I am confident a man of judgment and reason wilâ— not deny it but freely declare for it As for Arbitrary Judgement what stinketh more in the nostrils of most men then it nay English-men I think have had so much thereof that they desire to be freed from it in Gods good time What was the reason that the King in his time was so much cryed against that Monarchy it self after his death was for ever extirpate out of this Nation was it not because that it was affirmed that Monarchy and Arbitrary Judgement are inseparable What was the reason that the late Parliament were such a grief unto this Nation that they should as no doubt but many did rejoyce at their dissolution was it not because Justice and â—udgement was not executed according to the Law and that they were like Kings Arbitrary to do what seemed good in their own eyes Did not their Arbitrary proceedings cause very many men to complain like slaves in Egypt and did not their dealings cause their dissolâ—tion as a reward therefore True it is the people of this Nation have been long under Arbitrary Governors and although they have good Laws in their own Land yet have little benefit thereof Alas poor people how long have ye wished and expected that your Laws might be executed in purity amongst you how many precious men have spent some their wits some their purses and estates some their blood some their limbs some their lives and hazarded all for the preservation of our laws how long did ye expect after the Kings death a Reformation of your Laws and restoring of your Liberty and that upon the hopes ye had of the men in power who gave ye good cause to expect it from them how many times have ye been apt positively to conclude now shall it go well with us and that God will do great things for his people and had ye not reason so to do seeing ye had so many fair Protestations and Declarations for the same Well seeing ye are not yet arrived to the fruit of your hopes and seeing like Tautalus ye have Laws but must nolens volens submit to Arbitrary proceedings which is better then to resist melius est pati lift up your hands with your eys unto the heavens earnestly praying that God would hear your cry and in his good time answer your desires But since through the goodness of God this Nation is in hopes still of good towards it and the rather for that their Rulers profess the knowledge of the Lord and to walk like Christians I am imboldened to lay this one thing before them that since John L. is in their custody and in their power by a word they may destroy him in the name and fear of the Lord I put it to them whether they intend not to destroy him right or wrong and will not give him that liberty for his defence as the Law Equity and Consci-will allow Oh pitty will it be for men professing godliness who have the Law of God to walk by if none else to be Arbitrary in the shedding blood for their own sinister ends It hath been a practise its true to hang first and judg afterwards but what reason or Christianity it is let all men judge God forbid that he who hath once known God should consent to the sheding of blood unless lawfully condemned I beseech them to take into their serious consideration the words of the Jews who cryed crucifie him and let his blood be on us and our Children Oh what impression might that take upon their hearts if they did but consider the hand of God towards that Nation unto this day If they should out of a malitious intent put J. L. to death unlawfully and conclude whether right or wrong he shall dye I do not prophesie but let them take heed that the blood of J. L. will stick in their consciences and be like a worm to gnaw continually It is my earnest desire of God that all Christians may endeavour the peace of a good conscience wherewith they may appear before God in comfort I desire them to consider that if John L. be put to death by their authority and procurement it must be either by law or without law If they give him tryal lay an accusation against him and charge him wherein he hath justly offended and if by the law of God and men he is found guilty and must dye for it then may they keep the peace of their conscience and then he is justifiably put to death no man can gainsay it for it was according to the law but if any shall premeditate his death and to destroy him whether right or wrong let them look to it God is a just â—udge and he repayeth vengeance it being his prerogative alone and not left to man to revenge himself But it may be objected that J. L. is such a man that an
age produceth not the like he is never well but when fishing in troubled waters he is a busie body medling with other mens matters picking holes where he can finde them and it is pitty but that he should suffer Answer I said before that I shall not side with J. L. in any error all men have their failings and perhaps he may have some too but what then shall he be cut off and destroyed wright or wrong God forbid what was the law made for was it not to punish offenders when they broke the law Doth not the law prescribe punishments for the offence If J. L. hath offendded the Law let him be tryed by the Law and not by Arbitrary Judgment Since we profess our selves to be Christians let us but look on other men what they have done in the like causes let us but observe the words of Nicodemus in John 7.51 doth our Law judge any man before it hear him and know what he hath done By which words of his one may soon conclude that no man was put to death by their law before the party accused was produced and his fact made known and tryed according to their law do not we pretend to be men that have had more of the saving light of the Gospel then ever they had and to profess the true Christian Religion in power and efficacy And shall they forbear to destroy a man till he is condemned by the Law And shall we condemn a man without law And if by law it is a question whether upon tryal it will hold to be a true law or whethe-that law was grounded in any reason equity or conscir ence but onely the arbitrary wills and pleasures of the makers thereof and if it be so found that that Law by which he stands liable appear to be grounded on nothing else but arbitrary will and of set malice to destroy him one way or other What assurance hath any man of his life or estate What benefit have we of our Laws Although that law be made against him out of malice and if he be insnared and endangered by reason thereof although he might have lost his life anothe way by continuing in his banishment and so escaped the danger of this Law why shall he now upon his return desiring to live peaceably in his own Country and to inhabit with his wife and children shall he now die doth he not declare with Paul that if he hath done any thing worthy of death he refuseth not to die and to lay down his life in satisfaction of such Law he transgressed Is it not more reason he should be spared alive being of necessity driven to do what he hath done in returning into his own native Country Had he not Samaritans for his example who said if they went into the Host of the Assirians they could but die Was it not his case he could but die in his banishment as no doubt but his death was intended as himself declares And he knew he could but die if he did return by reason of that Act made against him Now he had more reason for his returning home then his abiding there What might induce his stay there was it perpetual fear of death or want of those things fitting for his being and lively hood or the deprivement of his friends Might not another in his case be induced rather to do as he hath done then otherwise considering that he hoped he should find mercy at the hands of those in power and that they would put on bowels of compassion to consider his condition And was not this hope furthered upon the consideration that those that made that Act were pluckt up by the root as useless instruments corrupt ones rather And would he or any one else think that those that plucked them up for their corruption will be so corrupt themselves as to put him to death by their corrupt Laws And to kill a man when he comes and seeks for mercy Is it otherwise then to kill a man when he is down What Example can any man produce to put him to death in this kind Is Davids sparing the life of Saul twice when he had an opportunity to flay him and had or might pretend reason so to do becaus Saul sought his life which I could never hear that John Lilburn was so eager after the bloud of any of his persecutors May that be any example to take away his life or shew him mercy I leave them to judge Or whether David having reason to put Absalom to death for murthering of his brother Ammon and by reason therâ—f â—xiled himself shewing mercy to Absalom in forgiving his offence and calling him from exile whether or no that be not a good example to shew mercy to John Lilburn in his condition whose case as under favour I suppose is not so criminal Wherefore I shall once more make known my desire That Arbitrary Judgement may not take place but that Justice and righteous Judgement might be executed preferring mercy before cruelty And this I believe That if they extend any mercy to Iohn Lilburn not only he but many others will return them thanks therefore and ever remain sensible thereof but if they shall absolutely resolve to put him to death and to have the Law speak according to their minds and by that means make the Law a cloke for their shedding of bloud without any just cause in reason equity or conscience 'T is true they may do it but if they do then let them beware consider that Abels bloud cryâ—d from the ground Uriah's bloud cost David repentance And these frequent Scriptures forbid the shedding of innocent bloud and the heavy and grievous punishments that have attended murderers and that God may one day make inquisition for bloud at their hands I could wish that they would put on Iosephs resolution How can I do this wickedness and sin against God Unto all such as shall complot his death absolutely I say unto them again Beware that the Lord doth not render them according to their deserts And as for Iohn Lilburn if he die by the Law then may all men be satisfied in his death but if strength shall destroy him as Ioan did Abner then may I use those words of David 2 Sam. 3.33 34. Dyed Abner as a fool dyeth Thine hands were not bound nor thy feet tyed in Fetters of Brass but as a man falleth before wicked men so did'st thou fall FINIS