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A51613 Murther will out: or, an unrighteous discharge, no security to the murtherer Demonstrating, that notwithstanding those great endeavours, which Sir Harbotle Grimstone, (with the rest of his brethren) used in the second tryal of Mr. Crosby, to secure him from the stroke of justice: and to repair the ruines of their own decayed reputations; yet these two grand designs have altogether failed under their hands; and their projects in this respect have sustained a great frustration and disappointment. Presented to the serious consideration of the said Sir Harbotle, and the rest of the justices who sat with him at the said tryal, Octob. 10. 1662. 1662 (1662) Wing M3093A; ESTC R224102 10,879 15

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Horse suppose he have such a Commission which we know not yet this only impowers him to act under the Command of his superiour Officers and that in a warlike capacity but gives him no power to disturb shoot and kill peaceable men for hearing the Word of God preached and no other cause That which is pleaded to relieve him in this case is but a Fig-leaf instead of a Covering namely That Crosby was commanded by the Constable to assist him in the Suppression of this Meeting For First If that were true yet there being no resistance the Law determines his Fact of killing the Man to be Wilful Murder and he ought by Law to suffer accordingly But secondly That Crosby was not commanded by the Constable but that he commanded one of the Constables and threatned to pistol him if he would not go with him This is too evident to be denied by any who have not hardened their hearts and brazened their faces to contend against the Truth As for what was procured to be affirmed in Court by one of the Constables in seeming contradiction hereunto there is nothing at all in it wherewith to commend it self to the Judgment and Conscience of or to gain credit and belief amongst any sober men but it savoureth much more of somewhat that is worse than of the Truth For 1. The contrary might evidently be proved if the ears of the Justices were not stopt against Justice and Truth and if he that departeth from evil and speaketh the Truth faithfully did not make himself a prey Isa 59.15 But 2ly The Constable who was prevailed with to affirm the same was himself accessory to the Fact as is demonstrated in print already and might easily be further proved and therefore his Oath much less his bare word ought not to be admitted in Judgment 3ly That Crosby was not commanded by the Constable appears beyond all rational contradiction from hence Because at his first coming when he denounced his Threatning against them with an Oath he had then no Constable with him But when he returned to execute his Threatning he brought a Constable with a Fowling-Piece in his hand which plainly demonstrates that the Constable was brought by Crosby and not he by the Constable From all which Considerations it appears as clear as the Sun when he shineth in his brightest lustre That the definition of Murder before specified at least so far as it could be forced to relate to this Case was altogether impertinent and most abominably absurd and unworthy tending to no other end at best but to darken counsel by words without wisdom Job 38.2 and to delude an ignorant Jury And consequently that great design intended by you in the Second Tryal of Crosby namely of repairing those Ruines of Reputation which his former Tryal had brought upon you altogether fails in your hand in thss latter also for lo your Credit and Reputations still lie in the dust notwithstanding what you have thus done to relieve them And together therewith that which is an hundred-fold more sad through your means Blood-guiltiness remains upon the Town of St. Albans and there will remain until it shall be purged away by the Blood of the Murderer Reade and consider deligently Numb 35. ver 31 and 33. compared together By this time we presume we have demonstrated unto you more clearly and sufficiently than you were willing or desirous to hear That your two grand Designs aimed at in your Second Tryal of Crosby have notoriously miscarried under your hand and consequently our advice unto you to review your handy-work and amend it may be neither unreasonable nor unseasonable counsel There being no reason why a man should not amend that which is amiss nor no time unseasonable for Reformation Dura quidem praecepta voces mea dura fatemur Esse Sed ut valeas multa dolenda feres My Rules are harsh you 'l say I say so too But for your health harsh things you 'l gladly do Currat poenitentia ne prae-currat sententia Unless amendment runs with speed Judgment may seize an evil deed But Sir Harbotle to close up all we have an odd reckoning or two to set streight with your self and we shall conclude at present You were pleased to inform your Auditory in open Court that there was a libellous Pamphlet dispersed up and down the Country put out by some railing Rabshakeh who durst not put his name to it full of lies and scandalous reproaches which though it reflected upon your self yet you valued it no more than the dirt under your feet having the peace of Conscience within you were no wayes disturbed in your sleep by that c. Sir leaving the Author thereof whoever he was to his own further vindication or future silence as he shall think meet We shall only say 1. That for the substance of that Paper so far as it concerns the story of Crosby it is too well known to be contradicted And besides it hath already past the tryal of many sober and honest men both Friends and Enemies who were eye and ear-witnesses of the things contained therein and hath received a sentence of justification from them all with a Nemine Contradicente as to matter of the truth of it 2. It hath past the like scrutiny with the like good success in respect of the sobriety of the language and stile of it Only this we confess that if to call a Hare a Hare or a Botle a Botle and that too in the softest words that could easily be found if this be a false accusation or scandalous reproach then is that Paper guilty but otherwise it is free And consequently it will appear that in this you were of counsel for the Devil endeavouring to promote his work who makes it one great part of his business falsly to accuse the Innocent Rev. 12.10 But Sir if when you have sifted the said Paper to the bran and ground it to powder in the Mill of your strictest search and narrowest scrutiny into it you can find ground to make good your said Charge against it then we challenge you as you will vindicate your Honour and Reputation to justifie your self therein in print But for the reason why he that writ it whoever he was put not his name to it leaving him to the reason of his own actions yet this we shall say to it That you cannot be so ignorant or weak as not to know you with others having taught us to understand by woful Arguments of sence and feeling that these are times wherein Truth faileth and he that departeth from evil maketh himself a prey because Justice and Righteousness are compelled to give way to Cruelty and Oppression therefore it seems neither Wisdom nor Christianity for a man to expose himself to your Rage and Malice when he may innocently avoid it especially having such a lively Instance and Example of your promptness and skill to make a Nose of Wax of the Law and by cunning devices and subtil stratagems and agents to pervert the course of Justice he could not reasonably expect any fair quarter from you For Impedit Irae animum ne possit cernere Verum i. e. By Wrath so hindred is the mind That Truth it cannot see or find As for your high pretences of Peace of Conscience in what you have done and that you are no wayes disturbed in your sleep by the said Paper c. We reply 1. That the Spirit of God informs us that as on the one hand it is joy to the Just to do Judgement Prov. 21.15 So on the other hand that the Wicked sleep not except they have done mischief Prov. 4.16 2. The Apostle gives us to understand that some men in the world were like so far to corrupt their minds as to suppose that Gain is Godliness 1 Tim. 6.5 So that it is no great wonder to see wicked and ungodly men to deceive themselves and their own hearts as well as others 3. For a man to live in wayes of sin and unrighteousness and Conscience not check or controul him for the same is a great Argument that such a man is under the bewitching of the Devil and deceived by a corrupt mind 4. For a man to pretend the Peace of Conscience within to colour over foul and horrid acts of ungodliness without argues a seared Conscience 1 Tim. 4.2 the very worst of estates and conditions and nearest unto perdition 5. Christ himself hath foretold of such a generation of men who should not only persecute his People but even think they did God service in killing his faithful Servants and Followers Joh. 16.2 which we see verified this day when men pretend the Peace of Conscience in condemning the Innocent and discharging the Guilty persecuting the Servants of Jesus and making them Offenders for no other cause but because they obey their Lord and Master JESUS CHRIST and observe the Rules which by his Apostles and Servants he hath given them 2 Tim. 4.1 2. Hebr. 10.25 6. And lastly Whether in these boastings of the Peace of Conscience within your lips did not bely the secret of your soul and whether your rejoy●ing in this kind were not in face onely and not in heart 2 Co 〈…〉 .12 concerns your self to examine We shall only add that we once knew of a man in a case not unlike to this who bore up himself as high in confidence before the People and pretended his inward peace and satisfaction as much as you do and how little he was molested or troubled and yet notwithstanding more privately offered a considerable sum of money to find out the person that had disturbed him that he might have vented his rage and malice upon him and it is not rational to think that a man will bid high for an Object to execute his revenge upon where he hath not met with great disturbance of mind Manifesta rotae vertigia cernas The prints made by his wheels do plainly tell That gone he is a way which doth not well FINIS † A little Paper sent him entituled Law Unknown c. 2 Tim. 3.13 Mat. 12.43 c. † Act. 4.19 5.29 2 Tim. 2.26 2 Cor. 6.16 17. Heb. 10.25 Dan. 3.12 6.7 Zeph. 2.2 3. Psal 94.20 2 Chron. 13.18 Dan. 9.3 2 Tim. 4.2
Jones the Tapster at the Lion-Inn Amongst all which Sir Harbotle himself with all his Art Skill Learning Logick Rhethorick far fetch'd Circumlocutions and Law-querks with what other tricks and evasions soever he shall please to set on work for the Design will notwithstanding be too hard put to it to find out three Freeholders and we presume he will be foiled in the undertaking unless he claim a priviledge above all other mortals and assume to himself the Prerogative Royal which is altogether incompetent to him viz. to call things that are not as if they were Neither 2ly will the excellent qualifications of these Jury-men for such a service any whit relieve their Legal-incapacity in point of quality nor befriend the decayed Reputations we speak of For are not the most knowing sober honest and considerate men only fit for such a work But for these men What were they Were they not a company of ignorant inconsiderate heady wicked ungodly vicious debauched prophane drunken and swearing fellows Nay were not many of them Companions in sin and iniquity with the Delinquent under Tryal and such who were resolved right or wrong to clear him It were easie for him who can condescend to rake into the Dunghil of other mens noisom and stinking miscarriages to make a great pile of quotations under this head but we leave that work to them who take pleasure therein But may we not lament in this case Oh miserable Town where no better Jury-men can be found in a Case of Life and Death for Wilfull Murder By what hath been thus far hinted we presume you see that the Second Tryal of Crosby mended your Reputations much like as a hot Summers day mends sowr Ale But 4ly Though this be more than enough yet to allude to that of the Prophet Ezek. 8.6 Turn thee yet again and thou shalt see greater Abominations for Behold a Master of Israel shall we say nay but rather of the Bench to set a fair glosse upon an evil action gives such a definition of Murder the like whereunto being applyed to the case before you we believe was never before given by any sober man in his right wits much lesse by a man that knew the Law least of all by one read in the Law of God For to affirm That if a man be found in an unlawful Assembly and shall be kill'd by another man in the execution of his Office to suppress that Assembly this is not Murder and the person kill'd in this case hath his mends in his own hands But that Murder is when a man shall be kill'd being in his lawful imployment c. We say to plead thus being applied to the case before you Is it not either abominably absurd or notoriously impertinent or both For 1. The bare or simple unlawfulness of any Meeting doth not render the persons worthy of Death by the Law for if so then every man found guilty of a Riot must die for it and every company of Drunkards found at an Alehouse or Tavern at unlawful times ought to die for it which you know would be Durus Sermo a hard saying not to Mr. Crosby onely but to many others of your Beloved Complices and Confederates and well were it if profound Dr. Arris could escape in such a case Such instances of unlawful Assemblies might be numerous wherein the Law hath provided lesser penalties than Death therefore every Offender in unlawful Assemblies is not by the Law guilty of Death and consequently ought not to have this punishment inflicted on him for it And we know no reason why a man 's being present at a Funeral hearing a Sermon in the Schoolwhite should be any wayes a more criminal fact deserving death rather than Drunkenness especially considering that God approves the one 2 Tim. 4.2 but threatneth the other with eternal wrath 2 Cor. 6.10 2dly Neither is it lawful for a Constable or other Officer to kill any man simply for being found in such unlawful acts which by the Law do deserve death but all such Offenders are to be apprehended and imprisoned in order to a legal Tryal and Conviction but not to be kill'd by inferiour Officers Especially In the third place Where there is no manner of Resistance or Opposition in this case though the Meeting be unlawful and the Fact notoriously criminal yet if the Officer wilfully kill a man he is guilty of Murder For the utmost that can be said soberly and with truth to justifie an Officer in this kind is That when a Constable or other lawful Officer shall be resisted with force of Arms and opposed in the Execution of his Office if in this case he kill a man he will be found excusable by the Law but where no such Resistance is made if he wilfully kill any man though at an unlawful Assembly either he must die as a Murderer or else the Law must be violated for his preservation But in the case of Crosby there was not the least Resistance given to any Officer nor shadow of Opposition to any man unless it were the opposition of the Sword of the Spirit the Word of God which fought against the sinful lusts and corruptions of men in the preaching of the Gospel Mens attendance upon which is so far from deserving death as that it is their absolute duty imposed upon them by the supream Law of Heaven Nay fourthly This Assembly was so far from resisting an Officer that they publickly asserted the contrary for Mr. Heaward who was preaching openly declared unto Crosby himself when he came first unto them That if he had any Authority to command him he would obey it after which publick Testimony of their peaceable disposition Crosby first threatened then went away and fetch'd his Pistol cock'd it and presented it to John Townsend's throat gave fire and kill'd him So that if Crosby had been a lawful Officer and the Meeting unlawful yea though the man kill'd had been deeply criminal in point of Fact yet inasmuch as he met with no Resistance he must have died as a Murderer or the Law be violated for his sake Again Fifthly By what was last hinted and might easily be further demonstrated it appears to be a contrived piece of Villany which had deliberate malice in it which is further evident from hence partly because after he had killed one he pursued another and partly also because he had no remorse when he saw he had killed him but when one of the Constables laid hold of him and asked him Do you know what you have done you have Murdered a Man Crosby replied What care I So that from what hath been hitherto declared it fully appeareth that if Crosby had been a lawful Officer yet that could not legally have exempted him from suffering as a Murderer for this Fact But how much lesse when we consider Sixthly That Crosby was no Officer authorized by the Law to suppress unlawful Assemblies for his Commission to be a Lieutenant to a Troop of