VVE make little question but that in the secret of your hearts and consciences, you will give the right hand of fellowship to that Supposition, so generally received for truth up and down the Country, namely, That your proceedings in the first Tryal of Mr. Crosby, were irregular and illegal: A demonstrative proof not only of the thing it self, but of your conviction thereof, you gave unto the world, in that you brought him to Tryal the Second time: for (as the Apostle reasoneth in another case, Heb. 8.7.) if the First had been faultless, then should no place have been sought for the Second. But, hath your latter Tryal relieved the imperfection of the former? If not, let us prevail with you to make a third attempt; possibly, though the first and second Arrow may fly at rovers, yet the third may hit the mark; but, if that shall miscarry in your hands also, We shall then desire you to yeeld up the Bucklers of Judgement, and Seat of Judicature unto some more skilfull hands, and persons more ac­quainted with, or more ready to yeeld Obedience, to the Mind of God in such Affairs. But, to press our Motion by an Argument, take it thus:

If in your Second Tryal of Crosby, you have miscarried in two main Designs, wherewith you (manifestly) travelled, as in birth to be delivered: then will the Motion now made appear reasonable. Sed verum prius, Ergo & posterius.

The Consequence in the first Proposition, we suppose is not like to meet with opposition from your Consciences: The demonstration of the latter we fear will disturb your Passions; but however, we are Commissioned from God, the Great King of Heaven, so to trouble men, rather than to indulge them in wayes of Sin; Levit. 19.17. For the proof therefore of this Assertion, it is to be considered in the first place, what these two main Designs are, mentioned in the Argument; which, partly from several words and passages that have slipt the tongue: and partly, from the whole series of action relating hereunto, appear to be these two; 1. The safety and security of [Page 7] of Crosby. 2. The preservation and vindica [...]on of your own Cre­dits and Reputation in so doing. But have you prospered in these Designs by your latter Tryal? No surely!

This Project or Device, instead of blessing you in these two, hath cursed you altogether; So that it may well be said in this case, as sometimes Jethro said, (Exod. 18.11.) In the things wherein they dealt proudly, and subtilly, God was above them. Behold all ye Judges of the World, and wonder; Stand amazed ye Rulers of men, and ad­mire the Wisdom and Justice of God, who taketh the Wise in their own Craftiness: and confoundeth the Counsel of the Mighty; when enga­ged in promoting that which his Soul hates: for, lo, these men de­clining the path of Righteousness, the only way to true honour and safety; are fallen into the pit of deserved Reproach, Ignominy, and Danger. For,

1. It is manifest, that Crosby is not legally discharged or acquitted from the Bill of Indictment for Wilful Murder, preferred against him both at the first and second Tryal: This is evident from hence, Be­cause the said Bill preferred against him at the second Tryal, was stifled in the birth, and lies dormant to this day, unexamined and un­determined: And consequently waits for a Tryal, when God shall stir up the heart of any man that loves Justice and Righteousness, to prosecute him; and open the ears of Magistrates impartially to hear, and faithfully to judge in the case. In the mean time it hideth it self under this Maxime (conveyed unto us by way of Proverb) Murder will out; and sooner, or later, bring the Murderer to condign punish­ment.

2. For the other Design mentioned, viz. the preservation, or vindication of your own Credit and Reputations: That herein also you have suffered, and not gained by the latter Tryal, shines with a Noon-day light: for, 1. when you had (after the first Tryal) bound the Widow to prosecute him the Sessions following, because she could [Page 8] not be prevailed with to desist from her Bill for Wilful Murder, and to indict him for Manslaughter; the Clerk of the Peace (it seems) drew up another Bill for Manslaughter; [whether by your, or any of the Justices order, or whether of his own head, we leave either for you to determine, or the people to conjecture, as you and they shall find cause] Both these Bills being preferred against Crosby, the Grand Jury take no notice of the Bill for Wilful Murder, preferred by the Widow who was bound to prosecute; but they found the Bill for Manslaughter, upon which you proceeded. Wherein, in the first place, there seems to be an eye (at least) of hypocritical deceit in your proceedings; to bind the Widow to prosecute, and yet to reject or stifle her Bill of Indictment; or however, to wink or connive at the smothering of it. And secondly, there seems also to be in it, a great betraying of your trust, in as much as Justice ought to know no faces, nor to stifle any legal proceedings. Therefore, were there no more but this, it were enough to demonstrate that your decayed Credits, or the ruines made upon your Reputations by the former Tryal, were no wayes relieved or repaired by the latter.

But 2ly, The Consideration of the quality of the persons impan­nelled upon the Jury of Life and Death, in the Second Tryal, adds to the stain, rather than purgeth your besmeared Reputations: for, Were they all capable by the Law of England to be of such a Jury? Had they all forty shillings per annum (at the least) of freehold Estate? Or, what rank or quality were they of? The Answer is ready; there was Nicholas Goulding, and Joshua Carpenter, Inkeepers: Ed­ward Campfield, a Grocer: Ralph Bradbury, the Chandler: Richard Martin, the Blacksmith: Roger Napkin, the Barber: Thomas Radram, James Rambridge, Gowen Crosfield, and James Totnum, Alehouse-keepers: James Hopkins, the Fidler: and Griffin 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, [Page 9] 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 [Page 10] 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, [Page 11] 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 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 Fig­leaf, 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.

[Page 12]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.

[Page 13]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 [Page 14] 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,

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 [Page 15] 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.