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A32823 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. 1652 (1652) Wing C3838; ESTC R435 17,871 26

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{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
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