Law Unknown, OR, Judgement Unjust.

Wherein is shewed, That some Persons were Indicted, Judged, and Condemned at the Sessions in the Old Bailey, London, by an Unknown Law, neither Printed nor Published; nor any ways knowable by the common People: Whereby the Inhabitants of this Na­tion may perceive what unavoidable Bondage and Slavery they are going into.

With a brief Relation of the Killing of John Townesend, by Major Crosby at St. Albones, and the proceedings of Court thereupon, in quitting the said Crosby, and punishing the peace­able standers by: And some remarkable Passages of Sir Har­bottle Grimston in the said Tryal.

Together also with certain Queries, grounded upon the Act of Indempnity, especially recommended to the serious Considera­tion of the said Sir Harbottle, and all the Members of that Par­liament whereof he was SPEAKER.

How long will ye Judge unjustly: and accept the persons of the Wicked?

Defend the poor and fatherless: do Justice to the afflicted and needy.

Deliver the poor and needy: rid them out of the hand of the wicked,

Psal. 82.2, 3, 4.

Printed in the Year, 1662.

Reader,

I Know not whether this Paper will ever see the light of the sun, or not; We being fallen into times of such defection, and degeneracy, even from the common principles of the light of Nature, that Justice and Righteousness seem banished out of our Territories, and prohibited our Courts of Judicature: nothing more frequent than to call Light Dark­ness, and Darkness Light; Good Evil, and Evil Good; and accord­ingly to Justifie the Wicked, and Condemn the Innocent; Whereof this Paper contains one small and petty Instance, which (compared with the great numbers of its fellows, and many of them much deeper in demerit) may be accounted a smaller proportion, than One, of a Thousand: To make a particular calculation of all which, as it would be next to an im­possibillity, (for they may well be called, Legion, or rather, many Legi­ons; and would make a swelling Volumn, too big for this age well to bear.) So were it also like to be an undertaking of no great advantage; they appear so visible in their own Light, that he who should go about to demonstrate them, should do little better, than light up a Candle for men to see the Light of the Sun: Scarce any man's eyes so dim, but he now beholds them in their own Colours; and if there be yet a Blind man a­mongst us, let him take an exact survey of the proceedings of the Court at the Sessions, held at the Old Baily in London, the 11th and 12th of this instant August, and there may he meet with Eye-salve, for the open­ing of his Eyes to see, the Door opened that leadeth English-men into the Paradise of unavoidable Bondage and Slavery. It was then, and there asserted once, and again, by him who sat as Judge at the tryal of some men, who were then Indicted and Condemned by them, That they were not judged by any Act of Parliament, nor Statute Law; but by the Common Law, not Printed but Written; and such which the Judge himself professed in open Court, He had been Studying these forty years, and yet did not fully understand it; and therefore the Common People must be content to be ignorant of it. Oh England, England! Where is thy Magna Charta? Or what is become of thy Li­berty, when thy free-born Subjects shall be Indicted, Judged, and Con­demned by such a Law, which was never Printed nor Published; and of the knowledge whereof they are no wayes capable?

A brief RELATION of the killing of John Townesend by Major Edward Crosby, the 4th. of May 1662, at St. Albones in the County of Hartford, and the Proceed­ings of Court thereupon.

Upon the day aforesaid, being Sabbath day, many People being met together in a peaceable manner at the Funeral of one Mrs. Terril, and one Mr. Heaward preaching unto them in a place called, either the Cloyster, or, the Schoolwhite; the said Crosby come swearing in a furious manner, calling them Rogues, and Re­bels, (without any occasion given him by the People, save onely their being met as aforesaid) and directing his speech to the said Heaward, he cried out, Come down; Why prate you there? Come down, or I will pull you down. To which Heaward replied, If you have any Authority to command me to come down, I will obey it; but otherwise not. Then Crosby swore, He would fetch that which should fetch him down, and so went away; but about half an hour after, he returned again, with a Pistol cock'd in his hand; accompanied by one Tymo­thy Ratcliffe, a Constable of the Town, with a Fowling-piece in his hand. At which the People being much affrighted to see two men come against them with Fire-armes, some of them cried out, Murther, Murther. But Crosby, with his assistant Ratcliffe, pressed in amongst them; Whereupon the said John Townsend uttered these words, Noble Major, Pray make no disturbance, consider it is the Sab­bath day. Upon which Crosby replyed, You Rogue, do you tell me of the Sabbath day? and turned himself about towards Townesend, (who stood almost behind him) and bending down the muzle of his Pistol, (which before he carried upwards) presented it against Townesend, and gave fire upon him, and shot him, that he immedi­ately died upon the place. And afterwards both Crosby and Rat­cliffe made up towards the said Heaward. Hereupon there was a great Cry among the People, some crying, Keep the peace, keep the peace. Others, Here is a man kil'd, Constable do your office; apprehend him that kil'd him, &c.

The Substance of this Relation was proved by substantial Evi­dence to the Court, and the Jury, and might have been farther te­stified (with other agravating Circumstances) by a cloud of Wit­nesses more, had not the Justices terrified them through fear, and with threatnings.

[Page 6]Upon all which, several of those men who were peaceably met together as aforesaid, were bound to their good behaviour, and Indicted for a Riot; especially those who cryed, Constable keep the peace, do your office, &c. But the said Ratcliffe, who was assistant to Crosby and came with him armed as aforesaid, contrary to the Law; and refused to do his Office, &c. and therefore in the eye of the Law was deeply accessary to the Fact, and ought to have been dealt with accordingly; was notwithstanding (not onely unmolested, but) made Foreman of the Jury to try Crosby, who stood Indicted for Willful Murther. Yet nevertheless (though Ratcliff was Fore­man) the Jury brought in the Bill, a true Bill: At which Sir Har­bottle Grimston demanded of them, Will you hang a Man upon suppo­sition? Can you prove that he came with a full intent to kill him? or words to that effect. And bid them go again; which they did, some of them saying, They meant not to hang him, but thought they had done right; for they intended to do as they were bid, or words to that purpose. But (it seems not well understanding their Lesson) the second time they brought the Bill in Ignoramus; whereupon the said Crosby was quit by Proclamation.

Now because this story hath filled the ears, and exercised the tongues of many,Your Speech to the King, Aug. 29 1660. far and near; Let us reason a little with Sir Har­bottle Grimston upon some Maxims of his own. Sir, it was your own observation very lately, that, To settle mens estates was the way to qui­et their mindes. But how (think you) can we look upon our Estates as setled, or, what quietness can the mindes of English-men have, when their lives shall be in jeopardy every hour, and their persons obnoxious to be assaulted, killed and murthered at the malitious rage of such wicked and ungodly wretches as Crosby, if justice can­not be had against the Murtherers? If Jehu had reason to demand, What peace so long as the Whordoms of Jezabel, and her Witchcrafts are so many? How much more cause have English-men to say, What peaceable security have we, when the Justices upon the Bench, [and no less than a quondam Speaker of Parliament] shall countenance the Murtherer? Or, what Justice are we like to expect, when such shall be made Foremen of the Jury to try Capital Offenders, who were themselves accessary to the Crimes committed? especially if ac­companied with such fellow Jurats, who shall say in open Court, They intended to do as they were bid? What is the Law? or, what is our security by it when thus perverted, and imployed to punish the Innocent, and discharge the Guilty? Peaceable men bound to their [Page 7] good behaviour, and Indicted as Rioters; and the Constable that assisted the Murtherer with Fire-armes, made Foreman of the Jury; and the Murtherer quit by Proclamation upon an ignoramus Verdit. Was there ever the like president before, that a Jury should be turned back when they had found a Bill, under the like proofs as in this case; and an ignoramuus Verdit received? The King hath lost a Subject: This man kill'd him in the face of many Witnesses; in the manner aforesaid: and can the Bill be found ignoramus, and he that kill'd him quit thereupon? Where is the Justice of the Judge?Eccles. 10.16. Psal. 82.2, 3 —Wo to thee oh Land (saith the Wise Man) when thy King is a Child, and thy Princes eat in the morning. How much more may we say, Wo to thee oh Land, when thy Judges are thine Oppressors, and those that should defend the cause of the Fatherless, and the Widow, shall de­fend the Murtherer, and the Peace-breaker? Surely such wisdom as this,Gen. 3.4, 5. was not conveyed by Divine intelligence into the Soul of the Jugde, but rather inspired from him, who first taught men shifts to evade the dint of a righteous Law. I appeal to you Sir, who so late­ly was as the Mouth of the Commons of England, Speech to the King, Aug. 29 1660. 2 King. 4.40. Whether such Ju­stice as this will Deliver us from our Sufferings? Or, Knock off our Shakels? Or, Set us at Liberty? Will such Judges and Judiciary pro­ceedings turn our Prison into a Paradise of Pleasure, & fill the whole Na­tion with Joy, Love, and Peace? If this be the after-crop, which the fair weather of our Patience hath brought forth for us, what food can we expect therefrom, but such as hath Death in it? Or, what content­ment can any of the Loyal and Faithful Subjects of the Land receive thereby? Will such Triacle as this, expel the poyson of John Towns­end's Blood, and make a Sacrifice to appease God's wrath, and satisfie Divine Justice? Will God be mocked? Can you demand of him, whether Crosby intended to kill? Or, would you know his Judge­ment? Read Numb. 35.16. And if he smite him with an instru­ment of iron (so that he die) he is a murtherer; the murtherer shall surely be put to death. And vers. 31. Moreover ye shall take no satis­faction for the Life of a murtherer, which is guilty of Death, but he shall be surely put to Death. But Crosby did more then this, his Act had Contrivance, and Deliberation in it; He first Threatned, then fetch'd his Pistol, cock't it, and presented it against Townesend, gave fire and kill'd him; and afterwards pursued another man. Certainly this is no more like unto Murther, than one Egg is like another; and to say that Crosbey had an intent to kill a man, is (without all doubt) as bad us to call a Spade, a Spade; or, a Bottle, a Bottle. What greater demonstration can you have of the inward Intention of [Page 8] any Murtherer? And yet would you reject a Verdict that found him guilty, and quit him upon an ignoramus? HEAR oh Heavens! and GIVE EAR oh Earth! and Consider ye Justices of the Bench! Think not that God will be mock'd; Or, that Considerate Men will alwayes shut their Eyes: No, you do not dance in such a Net, but many in City, and in Countrey do look upon you: This Story rings far and near; and is come very nigh unto the Ears of the King's Court. And let all such folly be made manifest that it may proceed no further. 2 Tim. 3.9. Matth. 26.13.—Our Lord Christ saith, concerning the Wo­man that poured the box of Ointment on his Head, Whereso­ever this Gospel is preached, there shall this be told for a memorial of her. In like manner, wheresoever the name of Sir H. G. from henceforth shall be mentioned, let this story be told, for the future shame, and reproof of all Contrivers of Injustice and Unrighteous­ness in the seat of Judicature.

He that Justifieth the Wicked, and he that Condemneth the Just, even they both are abomination to the Lord,

Prov. 17.15.

Mr. Grimston's Speech in Parliament upon the Accusation and Im­peachment of William Laud, Arch Bishop of Canterbury, of High Treason. Printed in the Year 1641. and now Reprinted for publick use.

Mr. Speaker,

THere hath been presented to the House, a most faithful and ex­act report of the conference we had with the Lords yesterday, together with the opinion of the Committees that were imployed in that service: That they conceived it sit the Arch Bishop of Can­terbury should be sequestred. I must second the motion, and with the favour of this House, I shall be bold to offer my Reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare Sequestration onely.

Mr. Speaker, Long Introductions are not suitable to weighty bu­siness; We are fallen upon the great man, the Arch Bishop of Can­terbury; Look upon him as he is in his Highness, and he is the Stye of all pestilential filth, that hath infected the State, and govern­ment of the Church, and Common-wealth: Look upon him in his [Page 9] Dependancies, and he is the man, the onely man, that hath raised and advanced all those, that (together with himself) have been the Authors and Causers of all the Ruines, Miseries, and Cala­mities we now groan under. Who is it, but he onely that brought the Earl of Strafford to all his great places, and imployments, a fit Instrument, and Spirit to act, and execute all his wicked and bloody designes in these Kingdomes? Who is it, but he only that brought in Secretary Windebanke into the place of Secretary and Trust; the very Broker and Pander to the Whore of Babylon? Who is it (Mr. Speaker) but he only, that hath advanced all Popish Bishops? I shall name some of them, Bishop Manwaring, the Bishop of Bath and Wells, the Bishop of Oxford, and Bishop Wren (the least of all) but the most unclean one. These are men that should feed Christ's Flock, but they are the Wolves that devoured them: The Sheep should have fed upon the Mountains; but the Mountains have eat up the Sheep. It was the happiness of our Church, when the zeal of God's House did eat up the Bishops; Glorious and brave Mar­tyrs that went to the Stake in defence of the Protestant Religion: But the zeal of these Bishops hath been to eat up, and persecute the Church. Who is it (Mr. Speaker) but the great Arch Bishop of Canterbury, that hath sat the Helme to guide and steer them all to the managing of their Projects, that have been set on foot in this Kingdom these ten years last past? And rather than he would stand out, he hath most unworthily truck'd and chaffer'd in the meanest of them; as for instance, that of Tobacco, wherein thousands of poor people have been stript, and turned out of their Trades, for which they have served as Aprentices: We all know he was the Compounder, and Contractor with them for the Licences, putting them to pay Fines, and Fee, and Farm Rents to use their Trades. Certainly (Mr. Speaker) he might have spent his time better (and more for his grace) in the Pulpit, than thus sharking and raking in the Tobacco shop.

Mr. Speaker, We all know what he hath been charged withal here in this House; Crimes of a dangerous consequence, and of tran­scendent nature; No less than the subversion of the Government of this Kingdom, and the alteration of the Protestant Religion; and this not upon bare information onely, but much of it comes before us already upon clear and manifest proofs: And there is scarce any business, grievances, or complaints, come before us in this place, wherein we do not find him intermingled, and as it were twisted into it; like a busie and angry Wasp▪ his sting in the tail of [...] [Page 10] thing. We have this day heard the report of the conference yester­day; and in it the accusations which the Scotch Nation have char­ged him withal; and we do all know he is guilty of the same, (if not more) in this Kingdom. —Mr. Speaker, He hath been and is, the common enemy of all goodness, and good men; and it is not safe that such a Viper should be near his Majesties person, to distil his poyson into his sacred Ears; nor is it safe for the Com­mon-wealth, that he should sit in so eminent a place of Govern­ment, being thus accused. We know what we did in the Earl of Strafford's Case.

This man is the corrupt Fountain, that hath infected all the Streams; and till the Fountain be purged, we cannot expect to have any clear Channels. I shall be bold therefore to offer my opi­nion, and if I erre, it is the error of my Judgement, and not my want of zeal and affection to the publick good. I conceive it most necessary and fit, that we should now take up a resolution, to do somewhat, to strike whilst the Iron is hot, and go up to the Lords, in the Name of the Commons of this House, and in the Name of the Commons of England, and to accuse him of High Treason; and to desire their Lordships his person may be sequestred, and that in convenient time they may bring up the charge.

Six Queries, seriously propounded to all, but especially recom­mended to Sir Harbottle Grimston, with the rest of the Members of that Parliament, whereof he was SPEAKER; grounded upon the Act of Indemnity; whereby are pardoned all Treasons, &c. as therein is mentioned; until the 24th. of June 1660, and no longer. Hereupon I Querie,

Querie 1.

1. VVHether such men who after the said 24th of June 1660. sat and made Lawes as a Parliament, being not called by the Kings Writ according to Law, did not usurp the Legislative power of the Nation, contrary to the Laws thereof? And whether this be not implied (at least) in the Preamble to an Act, Entituled, An Act for confirmation of publick Acts; Made by the Parliament begun and held at Westminster, the 8th day of May 1661?

Querie 2.

2. Whether such as shall usurpe the Legislative Power as aforesaid, be not guilty of High Treason?

Querie 3.

3. Whether (unless an Act of Pardon shall be made for them) the King may not at any time, when he findes cause, give forth Orders to apprehend, imprison, and try any of them accordingly?

Querie 4.

4. Whether the King hath any reason to be gracious to, or confide in such men? Or, Whether by the same Principles they may not act as much against the King, if occasion serve, as they then seemed to do for him? For he whose Principle will serve to break the Law one way, why may it not serve him to break it the contrary way another time?

Querie 5.

5. Whether if the King should alwayes connive thereat, it would not seem (at least) to a great degree, to justifie the usual plea of his Adversa­ries, to make good their former proceedings against himself, who were wont frequently to plead Necessity, and not Law, for the ground, and justifi­cation of their actions?

Querie 6.

6. Whether it be safe for the King and Kingdom to let them all e­scape without some examples of Justice; inasmuch as their proceedings in this kind seems so much to justifie the Plea of Necessity practised by others heretofore; and likewise tends very much to encourage other men in future time to dangerous practises upon the same principle?

FINIS.

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