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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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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
upon him and be smitten that be dye bloud shall be shed for him Exod. 22.3 And he ●enders this reason for he should make full restitution and if he have nothing he shal be fold for his Theft and the Lord hath not said that he that stealeth food or rayment shall be put to death or that his bloud shall be shed But whose sheddeth mans bloud by man shall his bloud be shed Gen. 9.6 So then it appeareth that it is murther by the Law of God to kill a man meerly for Stealing when the Lord saith he should make full restitution and if he have nothing he shall be sold not killed for his Theft and amongst his statute Lawes hath stated particular cases in this as well as in other things and made them so plaine that mean capacities may decide controversies of this nature And as there is no precept nor consequence in the Word of God for this unjust practice so there is no president in Israel but many in England the more is their misery but as their ancient Father Austin saith That man is miserable who is not sensible of his misery which may wel be applyed unto this sinful and miserable Nation who are not sensible of the dangerous consequence of this one deadly evill amongst the rest how unjust a thing it is to kill a man for stealing xiiij d. let all men reasonable judge for so is the Law of this Land according to which the people are forced to prosecute the Theeves but in King Salomons time men did not despise a Thiefe in some case Prov. 6.30 And he whō is greater then Salomon even the Lord Iesus Christ who is the Prince of the Kings of the Earth hath not given the least hint that he● that stealeth food or rayment should be killed but he that ●ad●th into Captivity shall goe into Captivity and he that killeth with the Sword must be killed with the Sword Revel. ●3 10 But concerning These it is said let them that stole ●●eale no more he doth not say let him be hanged but rather let him labour with his hands the thing that is good that he may have to distribute to him that needeth Ephes. 4.38 And it is expressely commanded That he that will not worke nei●●●r should he eate 2 Thes. 3.10 Many precepts president● and propositions may be brought to confirme the premise● ●ut this is enough at this time A word to the 〈◊〉 is su●●icient A Letter written the 11. of Decemb. 1651. by SAMUEL CHIDLEY To the Right Honorable the Commissioners of Oyer and Terminer and Goale Delivery of NEW GATE Right Worshipfull and Honourable ALthough I know not any of my acquaintance to bee guilty of Theft Yet I seeke to save the lives of the so siner● whom God would have preserved And I coming downe to this Judgement Seat it being as free for me a● another to see justice done and observing your proceedings from the beginning hitherto how in many things you goe against the very letter and equity of the Law of the onely Law-maker by whom and by which your selves must be judged caused me to call to mind how that Great men are not alwayes wise neither doe the aged alwayes understand Iudgement Right Honourable I am sorry to see you goe on still in your wonted course of arraiging men for their lives meerly for Theft I have observed that the persons who are arraigned before your Honours are poor labourers and such creatures who stole things of a small value peradventure for meer necessity yet you arraigne them for their lives when the Law of God requireth their preservation in such a way that they may make satisfaction and not if disabled to force them into a necessity of stealing againe but they are great sinners indeed who rob men of their precious lives And the worst of men are such as despise and destroy Theeves that steale meerly to satisfie their hunger It seems some of the Theeves you will presse for not holding up their hands at your command or for not answering to that interogatory Guil●y or not Guilty Consider I pray you how circumstantiall these things are The weight of Tryals depends not hereupon as I humbly con●eive For its possible that a Murderer when he is arraigned may want his hands and another may be dumb yet you may proceed to Judgement against him if sufficient evidence come in that the jury who are judges in matters of Fact and if they will in matters of Law finde them guilty surely you must take no ransome for the life of a Murderer though he cannot or will not hold up his hand at the Bar or say that he is Guilty for by the Law no man is bound to a●cuse himselfe therefore the guilty person is not bound to say he is guilty and if he should say not guilty what is he the better This is my opinion which I humbly leave to the serious consideration of this Honourable Bench I would to God that you would try such men by the Lawes of God who cast themselves upon God and the Country And oh that you would put the judgements of God in execution seeing you are his Stewards all Lawes being subordinate to Gods Lawes as the Country is to God himselfe then your tranquillity would be lengthened Consider what I say in the feare of God for life is above liberty and estate The Jewell of one mans life all your estates cannot ballance I tooke notice of a passage of the Lord Cheife Justice Rolls and it was we I observed how that the Theeves are honest before they come in Goale and there they become naught and learn to lye by saying not guilty when they had confessed it before If it be so then great pitty it is that they should not be in such a place where they may be put in a way and course to make satisfaction according to the direction of the wisdome of God By whom Princes and Nobles yea all the Iudges of the earth are said to rule So leaving these consciencious Dictates to your serious thoughts I subscribe my selfe Your Humble Servant Devoted to the feare of God and service of the Common-wealth according to the Law of God and not otherwise Samuel Chidley Sessions 11. Decemb. in the year of Christ 1651. This Letter was delivered unto the Bench about the third houre of the day where when Mr. Chidley was called he made answer and came to the Board and the Letter was there publickly owned by him as his owne hand-writing which he would stand by and justifie it being as he said a discharging of his conscience as a testimony before them all which he left to their serious consideration wherupon he was commanded by the Bench to depart and was put out of the Court he speaking in the justification of the Statutes of God to be right and the Precepts of men to be wrong in taking away mens lives for such triviall matters After he was put out they gave