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 its 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 th • 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 tis 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 establish THE LAWES OF GOD, or give way for Lawes to be imposed upon this Nation, which are suitable thereunto; and when such a worke is set upon, it will be long before it be accomplished, for whosoever taketh it upon them, must devote themselves wholly to the worke, and when they have used their best indeavours, a wond • r it will be if the Lawes they draw up, with manner of proceedings, will be so perfect that they need no amendments, in respect of matter and form; and a long time wil be spent in debate, before such a work be admitted to be attempted; And therefore I humbly conceive, that it is meer, that this businesse concerning the preservation or the petty Theeves should be concluded now with al speed, being out of controversie, and afterwards to doe the rest according as time, and opportunity will afford. For this d • th concern LIFE which is above Person Name, Liberty, and • state: And THIS THING being done will render the Antichristian Priests and lying Lawyers, the basest of men, who have lived upon the souls and bodies of men, and have not bad the fear of God before their eyes, but have made their belly God and their glory is their shame, end shall be destruction and their unlesse they repent. And as a testimony of the truth of God, in this particular, I set to my hand this 31 of Decem. 1651.

FOr as much as you are appointed by the Parliament to consider of the Inconveniencies▪ Mischeifes, Chargeablenesse, and Irregularit • es in your Law, and that you have pro • essed your willingnesse to receive whatsoever persons have to offer in relation thereunto: I hold it meet to present you with these inclosed papers, which p • radventure may be a meanes to shorten your seven yeares tedious worke, and wherein you may observe that I have indeavoured to discharge my conscience before all▪ witnessing against that hatefull sinne of puting men to death meerely for Theft▪ although THE GOD OF NATURE doth teach a contrary Lesson: But who is so blind as those that will not see? Surely covetousnesse is the roo • of all evill, and gifts destroy the heart • , an • blind the eyes of the wise, and pervert the judgement of the righteous, and men in the greatest places, are the greatest unbeleevers, for they have not so much faith as to trust GOD with their substance, but use indirect meanes to make uncertaine riches certaine; as may appeare by their putting Theeves to death for stealing.

Now when I found so little fruit in the Magistrates of the City of London, as you may see by my printed relations, I was sorry that my indeavours produced no better effect amongst them, whose Predecessors have alwayes been very forward to put the Lawes of man in execution, though they were never so ridiculous, and contrary to reason and Religion.

I sent, and went unto others, whom it likewise principally concerned, even to those who are called the learned Iudges of the Land, and declared my judgement to as many of them as I could meet with, that they migh • not suffer their mouth to cause their flesh to sinne, by pronouncing unjust murdering sentences.

I went downe also to the Sessions, but I could gather no Grapes of Thornes.

And after I had delivered a Letter to the Lord President Bradshaw, to be presented unto the Councell of State; I remembred that the Officers of the Army were men professing grea • • hings, for the advancement of Gods glory; so I presented some Humble Proposals to those Honourable Gentlemen, which were well resented by them, a Copy of which I have sent you here inclosed with this Petition, which should have been presented to the House, but some of the Members conceived the businesse to be proper for you t • take Cognizance of, because you are appointed to consider, and make Report of the evils of your Law, for reformation thereof; therefore you ought to cry out against Murder b • fore you doe any thing else, for this concerneth mens live • ▪ the best of your actions herein in my judgement having been at the most but a Tything of Mint, Anis, and Cummin▪ and you have neglected Mercy, one of the weighty matters of the L • w, for I am verily perswaded, that it was in your powers to have put a stop to the murdering of those men which w • re hanged at Tiburne the last Sessions, for stealing five shilling • and six pence; I hoped that you would have gone to the root, and not cropt only the Branches of wicked Lawes; I am angry, and grieved at the heart, that you should so dally in Gods matters ▪ as not to acquaint the House with such a grosse, unnaturall, inhumane practise of the Law, as killing of the petty Theeves. I desire the LORD to give you repenting and relenting hearts, for doing his worke so negligently, to value mens lives no more; for it is a sinne, and shame, that the • and should still be defiled with more bloud, and how you can answer it in the day of Accompt, for not pre • enting such mischiefe when you knew how to doe it, and had an opportunity in your hands, I know not; in my opi • ion, if you follow your worke never so close, if you omit this businesse of weight, you will make a long harvest of a little fruit; no doubt but the time will be long before you have swimmed through the Ocean Sea of your troublesome Lawes, for what is the Chaffe to the Corne? or the heap of Ashes to the sparke that's hid under it? May not the Parliament by the West Wind of their Legislative Power, blow such combustible stubble away? You sit as Refiners, but time is precious, and drosse is not worth the labour of refining, and a leaden Law is too heavie for an honest heart, and we ought not to thinke that such a Law, because it is a Law, will be a sufficient excuse to the Executioners thereof, so long as it is Idolatrous, prophane, rebellious, bloudy, Adulterous, Theevish, lying, and covetous; certainly that Law cannot be good, that force • h all men to preferre the meanest thing before the greatest; (that is,) a little wicked Mammon with an Idolations badge upon it, before a mans precious life; Salomon esteemed m • re of a living D • gge, then those who have killed men meerly for stealing, have (or had) of living men. Now if God doe touch your hearts, and make you throughly sensible of the abominations of the time, and set you in a thou •• ing posture, that you may bewaile your neglect in suffering the poore Theeves to be put to death, when it was in y • ur power to have prevented 〈◊〉 ; then you may the better goe on, like Iosiah's men, whom he set to spy out the abominations in the Land, and set up a sign, wheresoever you • inde a bone of Haman-gog unburied, and go on, and let the Nation know the Idolatry, and Superstition of their Law, and its prophanenesse, and the Sabbath-breaking thereof, the rebellion of their Law, the Murder of their Law, the Adultery of their Law, the thef • of their Law, the lying of their Law, and the covetousnesse of their Law, and lastly, the uncharitablenesse of their Law, which is the end thereof, and so I end.