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A70679 The case and trial of Capt. Robert Norwood, now prisoner in New-gate, truely and impartially stated, and published for satisfaction of my allied friends, and very many others desirous thereof. Together with some observations upon the law and its professors, very worthy a most serious consideration. Both which, (with a brief answer, by way of postscript, to a secret calumny charged upon me) are here presented to the view and judgement of the whole nation: which, if duly considered, with the shrot [sic] discourse annexed, will clearly discover where England's death and life lies. Norwood, Robert, Captain. 1652 (1652) Wing N1380A; ESTC R25970 18,744 26

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there of any of your sittings of any of your Judgements or Judicatories Whilst the Sword is in its Regencie there is no room for nay all other Laws Commands and Actings whatsoever which are not subservient unto it cease as being altogether inconsistent and must be and remain so until it have ended its conquest and the people re-united into one free and entire body for the setling and establishing themselves in peace security and rest by such Laws as themselves shall chuse then is the Sword again given up into the Peoples power and command having effected its right end is transmitted unto its right place It s true original was from the people for their defence in their Rights and Liberties and when it hath attained that then must it to them be resigned and this is the right end and nature of all true Conquests and truely noble Conquerors or rather of all true and noble Saviours Redeemers or Deliverers And truely for any man or men to conquer that him or themselves may reign and rule sit in and enjoy their Seats and Places conquered his or their private and particular interests and accommodations is not thank-worthy but this To make or give enjoyments to others and this at least in form and shew hath been the practice of all Conquerors of which this Nation hath had manifest experience No sooner hath any conquest been made by any but the Conqueror calls a Parliament summons the people to chuse themselves Laws though their ends have been to settle themselves Here Gentlemen you may see who or what hath been next to the Clergie the greatest cause of England's miseries The Clergie hath preached us into blood and hath brought Gospel for justification of each party and the other Long-Rob'd Gentlemen they have pleaded and argued us into blood and adjudged each parties actions and proceedings legal and by them of each party hath the people been condemned by one and the same Law Thus both Clergie and Lawyer can make their Cameleon shew any colour How then we the People can expect peace and settlement whilst either of these two generations remain amongst us is to me a Paradox I would not here be taken to charge or condemn every particular Gentleman of either Calling or Profession for I know of both that are truely honourable for the sincerity of their affections to the Nations Rights and Priviledges its peace and prosperity in respect to which they are willing not onely to sacrifice their Places Callings and Professions but their Lives also But I speak as to that Principle which reigns in and guides the most or generality of them who have ever been found to transgress for a morsel of bread and whom if I prove not to be the greatest traitors and enemies to this Commonwealth in the Nation if to subvert and pervert the Laws of the Nation be the greatest Treason as it in many Parliaments hath been adjudged or that according to that undeniably-true and generally-received Maxime it be granted that Salus populi suprema Lex that the highest supremest Law of Laws and so end of all Law is the Peoples safety or if those two Judges died justly whose fact and execution for their brethren the Judges sakes are still kept in remembrance in that place at Westminster where the King and Lords used to sit in the time of Parliaments by the Wool-sacks the Judges seats when called in for their counsel as a continual Monitor unto them and all that succeed them for ever I say if I prove it not then let me die the death as I justly deserve should I not make good this my Charge against them which I am and shall be ready to do at any time before a competent Judge Jury And to say the truth the highest treason must needs arise from the breach of the highest trust Now then he or they to whom the Law with the administration thereof is intrusted have undoubtedly the highest and greatest trust for it namely the Law is of the highest and greatest concernment to all and every particular person in the Nation of any or all other things there is a sacredness in it and it ought to be kept sacred and inviolate by every one of us upon the highest penalties it being that and that onely which without and in stead of Castles Bulworks Forts and Towers keeps preserves and maintains the whole Nation or People not onely in a joynt union and communion one with another but also all and every one in their several and particular Rights and Liberties in peace and security And this Gentlemen my brethren of this Nation is our Law which had our Judges and their dependencies kept pure and inviolate had they fully plainly and stoutly cleared and maintained according to their Oathes Places and Trusts reposed in them these Wars must of necessity have been prevented And if we yet could by any means obtain this thing namely the clearing and vindicating of our Laws in the particulars mentioned we might presently turn our swords into plow-shares and our spears into pruning-hooks which cannot be done until these men with their appendixes be undone I shall now after this long digression made for the Nations sake and cause which I hope pleads me justly excused return to the prosecution of my Relation My next reply to Judge Nicols was that in case he would there in open Court declare that it was a legal and just proceeding not as is before expressed to have my prosecutors bound over to make good the Indictment against me I would then proceed to answer the Charge He answered It was legal Then I did proceed and spake to the Indictment it self which runs thus That Robert Norwood being one most monstrous in his opinions loose wicked and abominable in his practices not onely to the notorious corrupting and disordering but even to the dissolution of all humane society rejecting the use of any Gospel-Ordinances Doth deny the necessity of civil and moral righteousness amongst men To which things when I came to speak and declare in open Court to the people that if any man or men could prove these things against me I was willing not onely to suffer imprisonment but death also I was answered from the Bench That that was no part of my Charge but it was onely as a Preamble Then I am sure it was a most scandalous Indictment or an Indictment drawn most scandalously which is contrary to our Law and for which he who drew the same is accountable to the Law and for what end it was except to make me odious to the people or to pick mens pockets or both I know not When I came to the several things in the Indictment which were a number of words put together to what end or purpose I know not except to make me as I said before more odious to the people there being but One thing in the whole Indictment consisting of Thirteen sheets and a half colourably coming within the compass