with his hands the thing that is good, that he may have to distribute to him that needeth, 'Ephes. iv. 28. And it And it is expresly commanded That he that will not work, neither should he eat,' 2 Thes. iii. 10. Many precepts, precedents, and propositions may be brought to confirm the premisses, but this is enough at this time. A word to the wise is sufficient.

A letter written the 11th of December, 1651, by Samuel Chidley, to the Right Honourable the Commissioners of Oyer and Terminer, and GaolDelivery of Newgate.

Right Worshipful and Honourable,

ALTHOUGH I know not any of my acquaintance to be guilty of theft, yet I seek to save the lives of these sinners whom God would have preserved; and, I coming down to this judgment-seat, it being as free for me as another to see justice done; and, observing your proceedings from the beginning hitherto, how, in many things, you go against the very letter and equity of the law of the only law-maker, by whom, and by which, yourselves must be judged, caused me to call to mind, how that great men are not always wise, neither do the aged always understand judgment.

Right Honourable, I am sorry to see you go on still in your wonted course, of arraigning men for their lives merely 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 mere necessity; yet you arraign 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 again; but they are great sinners indeed, who rob men of their precious lives. And the worst of men are such, as despise and destroy thieves that steal, merely to satisfy their hunger. It seems some of the thieves you will press, for not holding up their hands at your command, or for not answering to that interrogatory, guilty? or not guilty? Consider, I pray you, how circumstantial these things are; the weight of trials depends not hereupon, as I humbly conceive. For it is possible that a murderer, when he is arraigned, may want his hands, and another may be dumb; yet you may proceed to judgment against him, if sufficient evidence come in, and that the jury, who are judges in matter of fact, and, if they will, in matters of law, find them guilty. Surely you must take no ransom 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 accuse himself, 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 laws of God, who cast themselves upon God and the country. And oh! that you would put the judgments of God in exe-.

cution, seeing you are his stewards; all laws being subordinate to God's laws, as the country is to God himself; then your tranquillity would be lengthened. Consider what I say, in the fear of God, for life is above liberty and estate. The jewel of one man's life all your estates cannot balance. I took notice of a passage of the Lord Chief Justice Rolls, and it was well observed, how that the thieves are honest, before they come in gaol, 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 pity it 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 wisdom of God, by whom princes and nobles, yea, all the judges of the earth are said to rule. So, leaving these conscientious dictates to your serious thoughts, I subscribe myself,

Sessions, Dec. 11,

in the year of Christ 1651.

Your humble servant, devoted to

the fear of God, and service of

the commonwealth, according to

the laws of God, and not otherwise,

SAMUEL CHIDley.

This letter was delivered unto the bench, about the third hour 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 own hand-writing, which he would stand by and justify, it being, as he said, a discharging of his conscience, as a testimony before them all, which he left to their serious consideration; whereupon 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 men's lives for such trivial

matters.

After he was put out, they gave 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 die. But they would not hearken unto him, but proceeded; and, by the Recorder, Mr. Steele, who was their mouth, gave sentence against him, which was to this effect: That he should go from thence to the place from whence he came, and be led into a dark room where there was no light, and should be stripped naked, only his privy members and his head covered, and his arms 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 bear, and more; and, the next day, he should have only three morsels of barley-bread, without any drink; and, the day following, three draughts of the kennel-water running under Newgate as much as he could drink, and so to remain in that condition from day to day till he died.

Psal. cxix. 126, 127, 128. It is time for thee, Lord, to work, for

they have made void thy law. Therefore I love thy commandments above gold, yea, above fine gold. Therefore I esteem all thy precepts, concerning all things to be right, and I hate every false way.

To the Right Honourable the Council of State.

Sheweth,

The humble petition of Samuel Chidley,

THAT your petitioner, setting the fear of the Lord of Lords before his eyes, and advancing the judgments and laws of the God of Gods in his heart before the precepts of frail man, was moved, in zeal 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 judgment-seat before the sessions in the Old-Bailey, the eleventh of this month, as may appear unto your honours by the printed relation hereunto annexed; yet, notwithstanding they proceed according to the usual'custom, which is against the law of God, the good things contained in the solemn league and covenant of the nation, the oath of every freeman of London, reason itself, the witness of conscience well checked, or rightly rectified, and the whole creation of God.

My humble desire is, that this honourable council 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 laws of God, nature, or equity) may be reprieved, till the parliament of this commonwealth hath heard and determined this matter; so shall you find much comfort. Jehovah will be with the good.

And your petitioner shall pray, &c.

SAMUEL CHIdley.

To the Right Honourable the General Council for the Army.

Sheweth,

The Humble Proposals of Samuel Chidley,

THAT, forasmuch as the Lord of Lords hath anointed you to be the heads of the forces, which he hath mustered up for the destruction of that generation of sinful men, who are compacted together, as one man, to establish iniquity by their laws, which they have set up in direct opposition to the laws of God, and have made use of the Kings of the earth, as their horns, to protect them in the exercise of their bloody cruelty; and, seeing the Lord of Hosts hath, in a great measure, subdued your enemies, and that your swords are not returned empy, it concerns you, right honourable, to testify your thankfulness by yielding

obedience unto the statute-laws of God, which, at this day, in the main fundamental parts thereof, are trampled upon by those who have the form of godliness, and deny the power thereof in their practices, as may appear by their putting of men to death for trivial matters, contrary to the law of God; for God's law saith, If a thief steal, he shall make restitution out of his estate; and, if he have nothing, he is to be sold for his theft, but not killed. Now, although my soul abhors the sin of theft, it deserving the punishment of eternal death before God, how much more the crying sin of murder? And, though I know not any of them, and, for aught I know, not one of them knows me, yet, because I see no man valiant for God, nor stand to make up the gap, I, for want of a better, am moved, in zeal for God's glory, to cry out against the irrational and irregular proceedings of men, who set up or maintain a flag or standard of defiance against their own consciences, and the most righteous laws of the only law-maker; and this I have endeavoured to do in such a peaceable way, that my transaction of this business for God may not savour of any bitterness of spirit in me, against the persons of those men, or contempt of their lawful authority, who sit in judgment, and do err therein, as I humbly conceive; but, seeing God hath said, He will magnify his law, and make it honourable; and that it hath been a usual course with him to make choice of weak instruments, to make his truth known; I, therefore, upon this account, was resolved to put forth myself, and engage my heart in this business, the consequence whereof, when accomplished, will be more than I will speak of at this time; and, although I endure some reproaches for it, some saying, What a thief is this to attempt such a work? And that none but thieves would do it; yet 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 human frailty. And, because I have a seasonable opportunity to acquaint your honours with this business, 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 pain of damnation; and that whatsoever laws and proceedings are opposite thereunto, in the smallest measure, are unjust, and the executioners thereof do sin; and, by how much the greater the precept is, by so much the more do they offend that violate the same.

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 it is a national sin, for which God hath, and will visit them with the arrows of his indignation. Yet, the people are so blinded with this corrupt custom, that they know it not, neither will they understand, but think they do well, and that

they shall have peace, though they walk on in darkness, while the foundations of the earth are out of course.

Olj. And, whereas they object, that it is the law of the land to put thieves to death for stealing to the value of thirteen pence halfpenny,

I answer. That no law is to be observed, if it be against the law of God, especially in the taking away of men's lives; yea, God was so far from commanding such thieves 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 from making satisfaction to the owners of the goods; yea, such is the corruption of the laws and customs of this land, that he, that discovers the thief, is bound over to prosecute him, tho' it be to the taking away of his life; and, after he has done that, the owner shall sustain damage nevertheless, and he can have no more than the life of the thief; and some men are so ignorant, cruel, hard-hearted, and revengeful, that they will take away the lives of the petty thieves 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 laws, that, if the thief steal to the value of thirteen pence halfpenny, 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 ought to be two witnssses to prove every fact, and one witness ought not to 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. The law of putting poor thieves to death for stealing, that are not able to make restitution out of their estates, is against God's law; because, in such cases, God hath said they shall be sold for their theft. Now, though they are worth somewhat, while they are living, yet, when they are dead, they are worth nothing; yea, a living dog is better than a dead lion. Men would rather, in such cases, bury dead men, than 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 rational men judge. The apostle saith, They should labour with their hands: No, saith the bench, they shall be banged; tie up their hands, and he that hath benefit of clergy, and can read his neck-verse, burn him on the hand. By this 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 again, if no man will set him on work; which thing men will be cautious to do to one that carrieth 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 thieves know it is a hanging matter to steal, and it is no more to commit murder; and then, for safety of their lives, and to hide their theft, they commit. murder, for fear the party should come and witness against them, to the taking away of their lives.

6. This law is the cause wherefore many thieves escape, and persons come not in to prosecute them, because they find, that the remedy