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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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publike in Print and presented several Members of the Parliament and Council of State therewith And I farther said that if I had said them very words as they were there laid down yet was it not contrary unto or against any act of Parliament To which neither the Lord Chief Justice nor any other of the Bench gave answer but there I stood some space of time whilst they fell upon other business At length I asked the Lord Chief Justice what I should do in the case being thus like a Rogue Murderer or Felon forcibly and violently taken out of my house and that now I was brought thither no breach of any Law whatsoever was found against me The Lord Chief Justice fell again upon other business Whereupon I asked him again what I must do in the case and desired that he as he was Lord Chief Justice of England would advise me He answered You must I think put in security to answer it the next Sessions To which I replied I was forcibly suddenly and violently taken out of my house and brought hither and I have no friend here Whereupon M. Recorder Steel very civilly replied that I was very well known and my own word was sufficient Whereupon my own word was taken to appear the next Sessions which I accordingly did Then I found an Indictment drawn against me with much addition of words and them laid down in another form then before and much different from my true sence and meaning Then I was compelled to put in security to appear the Sessions following to answer to that Indictment Accordingly I did appear where that morning they had appointed for my hearing appeared also Judge Nicols who as he came not all the Sessions before that morning so he went away again assoon as he had given me my dispatch Before I came to answer I demanded to have my prosecutors bound over according to Law to make good the several Charges laid down in the Indictment against me Which by him was refused I told him I should then make no answer at all except that he would there declare that the Bench upon my requiring were not bound thereunto by Law He answered No Whereupon I replied and told him How then or of whom should I expect to receive satisfaction for my molestation injury and charge in case the Crimes should not be proved against me His answer was that it was now in this case as it was formerly in the Kings time he that then prosecuted for the King was not bound over neither is it necessary that he who prosecutes for the State should for there was but onely the change of the name before it was in the name of the King and now in the name of the State Here Gentlemen you have the judgement and opinion of a learned and reverend Judge given upon the Bench at the Sessions what the Nation hath run so many hazards spent so much treasure lost so many precious lives for made so many fatherless and widows so many poor dismembred creatures the Land over onely for the change of a name And verily as yet we have very little if any thing at all more neither indeed shall or can we have until those square-headed Benchers be dismounted and their long-tail'd retinue thrown over the Bars and turned out of their several Cloysters and Meeting-places amongst whom is little to be found except corruption deceit and confusion their very Formalities which they so much glory in speaks no less Square-heads nor Longtails neither will nor can perfect and settle the Peoples or Nations Rights no it must be Round-heads for nothing is or can be perfect or bring forth perfection but that which is round perfectly round Square-heads are fit subjects to receive treasures to retain in their Quadrangle-points the several forms dictates subtil diabolical sophistical Reasons and Arguments of the corruptest times persons and interests accordingly are their critical uncertain irrational corrupt false contradictory Judgements Motions and Arguments Let not themselves or any other be offended at these expressions in discovery of truth since the Pleaders at the several Bars and those also upon the Benches are notoriously known to be conversant in such quibbles or expressions upon most weighty occasions to hide and obscure the truth Are their studies so much to study the Law for defence of truth or to contract the Law into one perfect undivided and undividable being speaking one and the same thing always alike to all But contrarily their care and study is how to make the Law speak multiplicities of Riddles whereby to confound the entire union-meaning thereof and so to serve their own their Lords and Masters turn what the Prince State or Clients desires occasions and interests call for or have occasion to use it in though never so contrary to or against it self as it is or should be one pure simple act in Reason neither looking backward nor forward but ever always and in all times the same How came the Law in the late King's time so loudly so strongly so certainly and undeniably to speak his designes and interests so legal so justifiable that in the grand Case of Ship-money but two as I remember of all the Judges dissented And also how many went away with him owned his proceedings to be according to Law and sate at Oxford in Judicatory executing all things in a formality of Law Those who remained here and joyned with the Parliament they declare and judge their proceedings warrantable and justifiable also and both these by one and the same Law Some upon putting to death the late King desert the Parliament in that particular Others justifie that also to be legal and warrantable Some of the Parliaments party by those with the King are adjudged and condemned for Traitors others that were for the King against the Parliament are by those here adjudged and condemned for Traitors also and this still by one and the same Law I would ask them all this one single question Whence from what or from whom your selves or any other at this time hold and derive your Rights Power and Authority in from and by the Law or in from and by the Sword If in by and from the Law then he or they who shall offer violation to any so holding and deriving offers violation to the Law and ought to suffer for the breach and violation thereof according to the Law If in from and by the Sword onely then are you and all others so holding and deriving accountable onely thereunto In from and by both you cannot hold and derive To say Partly from one and partly from the other is inconsistent The Sword indeed as servant to the Law may execute its commands and so protect the Law which is its proper work but then you must first finde a command in and from the Law for the Swords actings if not know you are compleatly under the power dictates and commands of the Sword What use or need then is
of the Act or Law by which I was tried called An Act against several atheistical blasphemous and execrable Opinions which is that I should say as it is laid down in one part of the Indictment that there is not any such thing as the people call hell and damnation and in another place that I should say There is neither hell nor damnation Neither of which were my opinion such as condemned by that Act which condemns such onely who deny both heaven and hell both salvation and damnation and this must be testified to be avowedly done and that by two witnesses as is expresly laid down in that Act. Now my Charge in the Indictment at most is onely for saying there is neither hell nor damnation or such a hell and damnation as the people imagine and this is testified but by one witness which also was spoken in Discourse or Dispute therefore could not upon a rational and just account be said to be avowedly especially my Book and Papers attested with my own hand fully speaking my owning and acknowledging both heaven and hell both salvation and damnation which I offered to give as evidence but it would not be received And the Law always ought to be interpreted in the best sence to the most advantage and not in the worst sence or to the most and greatest disadvantage to the party accused So that you may here see what ground there was for either Judge or Jury to finde me guilty Let all men take and lay my Charge in the Indictment to their own Rule without shewing me the least favour or being in the least tittle partial and see and judge what agreement there is between them how or wherein any thing charged upon me in that Indictment is condemned or adjudged by that Act or Rule Yet see the close combination between the Clergie and the other Gentlemen of the Long-Robe together with the chief Judge at the Sessions the present Lord Maior Andrews Sidrack Simpson his called-Pastor excommunicates me but as yet hath not either to the world or my self given an account of that action nor proved the things asserted by me such as he condemns them for no he dares not that his doings should betried and examined neither himself nor the rest of his brethren dare come unto the light why because their deeds and doctrines are evil Truth never shuns the light but readily comes to the Test and trial He having excommunicated me Andrews gets me to the Sessions-house being as I said before chief Judge there The Clergie ply it hard to get me turned out of the High Court of Justice that I might not have any shadow of honour esteem or protection from the State Parson Caryl by name to whom I sent one of my Papers for answer in respect of what passed between him his brother Owen and my self before his Excellencie the Lord General Cromwel but from none of them ever did I receive any answer onely Caryl meeting of me told me he wondered the Parliament would continue me in that Court To which I answered I never was a dishonour to the Nation nor ever did any thing unworthy a Gentleman And I would have him and all men know that it 's neither Names nor Places will make me or any man the less or the more honourable no it is the inward power or spirit acting it self forth in truely honourable and noble actings that makes or gives those denominations it 's not Names that makes or gives the Things but it 's Things that gives or makes the Names Upon my being indicted at the Sessions Alderman Estwick moved that I might be turned out of the Court though yet no crime was found or proved against me If not Justice yet Wisdom and Discretion would have led him to have forborn such a motion until some crime worthy thereof had been proved against me He knows very well that many times an innocent and guiltless person is indicted yea and condemned too when the nocent and guilty goes free He needed go no further for a president or example then himself and the Lord Maior which in due time shall be made appear to the world both of them deserving to be indicted upon a far higher account then an errour in judgement which yet also remains to be proved such Upon this motion and perhaps the instigation of one or two more without the consent vote order or desire of the Court the Attorney-General makes a motion in the House for my discharge from that Place What just ground or cause he had for it I leave the world to judge as also if he had not just ground and cause so to do whether he did not therein notoriously abuse the House The Attorney-General and some other of the Long-Robe-Benchers taking themselves as some of themselves were pleased to speak to be often affronted by me especially in the case of Sir John Stowel first in that I told the Atturney-General it was not fit for him publikely to threaten that Court to which in that capacity he was but a servant and then when the Court was in argument concerning the business of the said Sir John Stowel the aforesaid Judge Nicols contrary to the Orders of the Court took me up very angerly because I said I loved the Nation so well and so much respected its reputation and honour that rather then the Faith thereof so solemnly given by the Army and confirmed by both Houses of Parliament should be violated and so his blood brought upon the Nation I had rather go to the Gallows and be hanged my self or words to this purpose But in stead of looking into the true state of the matter and weight of so blunt an Argument he told me expresly he would endure no such words yet was not he President of the Court neither had he in the least more priviledge of vote or speech there then my self Some other words passed which I shall forbear to report This Judge Nicols as I said before comes now down on purpose to be my Judge Here lies the sum of the whole matter Simpson excommunicates me but as yet hath proved nothing worthy of blame against me much less of such a Censure gives no account either to me or to the world of this action The Lord Maior Andrews gets me indicted at the Sessions-house sends an illegal Warrant for me declared so by Judge Rolls and Baron Thorp upon the Bench at the Sessions executes the said Warrant by a hired Constable one of no worth by whom I was forcibly taken out of my house and carried to the Sessions Estwick perhaps smelling that I was acquainted with and took notice of something he must give an account of moves my ejectment out of the High-Court of Justice The Attorney-General glad thereof receives the motion though without order or direction from the Court and moves the House the House receives the motion coming from one of their own Members he being also in great trust for the
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 Discourse annexed will clearly discover where England's Death and Life lies IN March last some Gentlemen with whom I had formerly held society coming to my house to speak with me did declare that they heard or understood of some erroneous Opinions which I should hold and speak forth to the people at which they seemed to be offended Whereupon I told them I was not ashamed but should be ready to give an account not onely of my Faith but of my Life and Conversation also in Westminster-Hall or at Pauls Cross to themselvs or any other Gentlemen who should reasonably upon a fair and just account desire the same Some time after that I was desired to give them a meeting at Ab-Church London which as to so many pri 〈…〉 e and particular Gentlemen I promised I would and accordingly did And lest there should be any mistakes misapprehensions or misconstructions of words but that it might stand to be tried and examined by all men I put it in writing read it publikely to the whole Assembly and then gave it them with my Hand subscribed thereto unto which was annexed some Queries whereunto I desired an Answer in writing from M. Shidrack Simpson their called-Pastor on that day seven-night or else that some other might in love peace and quietness have liberty to give answer thereunto as my printed Papers testifie Which request would not be received neither hath himself or any other of the Clergie given answer thereunto to this day but in stead of answering the Questions he my self being not there present excommunicates me Whereupon within four or five days after I sent him a Letter in which was inclosed another Paper signifying my desire to have him prove those things which he calls Errour and Blasphemy to be so and that from Scripture or Reason wherein I also promised Repentance and publike Recantation thereof in case he should so prove them as also my earnest desire of answer to those and the former Queries proposed in reference not onely to my own but many others satisfaction one whereof was this verbatim What the true and very hell is spoken of in Scripture and you from God or Christ as you say so much promise to and threaten the people with the very right and true knowledge whereof is of the greatest and highest concernment to be clearly made known and discovered to the people of all other things all other things being but as it were accessaries thereunto therefore must certainly be made known to you of you be what you say you are yet it 's very much to be feared that very few of you have the true knowledge either of the one or the other but that most fancie both the one and the other as the Papists their Purgatory and the Poets their Elizian fields is abundantly manifest both God and the Devil both Death and Life both Heaven and Hell being very much nearer to us then we are aware of Whether this be the denial of the things or no I commit to the judgement of all men As also in the 20 and 21 pages of my Book intituled Parson Simpson's Excommunication excommunicated where speaking of the Clergie you shall finde it thus Let me tell them this of a truth and that which they shall assuredly finde one day that except they break off their sins by true and unfeigned repentance their lying their hypocrisie their covetousness their railing and persecuting they shall to hell and be tormented day and night with the devils yea and remain there until they have paid the utmost farthing You have also in several other places of the said book both heaven and hell according to the Scripture fully asserted by me In my Letter before spoken of I wrote to him that if he would promise me answer within some certain days therein prefixed the number whereof I do not now remember I should forbear to publish my second Paper which he not doing I then made publication thereof to the world with this Assertion That if I proved not him and the rest of the Clergie of England generally who cry out of others for heresie and blasphemy the greatest deceivers or falsifiers of the truth and blasphemers as themselves call it in the Nation let me die the death I am the same still and shall be ready upon my life to prove and make good the same against them whenever I shall in a fair and just way be called to it Which I speak onely out of the love I have unto this Nation and the desire of its peace which cannot be whilst they have any power or influence in upon and over the same they have been they are the chief occasioners of all the bloodshed that hath been and is yet likely to be in England nay in all Nations Some few weeks after this I obtained a Copie of the Form of his Excommunication with his Arguments against my Positions to which I very shortly after gave answer in Print which Discourse I dedicated to the Parliament Which said Book and Papers any who desires further satisfaction in the things discoursed may have them at M. Giles Calvert's Bookseller at the signe of the black Spread-Eagle at the West-end of Pauls Not many days after this Tho. Andrews the Cities Lord Maior and one of the said Simpsons Society who by his Place and Office is more especially bound to keep defend and preserve the Laws of the Nation the Liberties and Freedoms of the people inviolate yet he contrary thereunto signes and sends a Warrant to bring me before the Bench at the Sessions-house in the Old Bayly no fault crime or misdemeanour being specified in the said Warrant the illegality whereof was then and there declared by the Lord Chief Justice Rolls and Baron Thorp by which act he is perjur'd and ought of right to give an account to the Common-wealth for his mal-administration of Justice in this and several other particulars of far higher weight and concernment which I now forbear to instance in At my being brought thither there were onely these two Articles found and read against me viz. That the soul of man is of the essence of God and That there is neither heaven nor hell but what is here The Lord Chief Justice Rolls asked me what I said to it and whether I spake those words or no My answer was That there had been divers and several Disputes at my house about those things and what my own opinion or judgement was therein I had made it