him and that not onely in high and criminal matters concerning his Crown and Dignity the life and honor of his subjects the original due object of the power of the Court now called the Common-Bench or of his Treasure the object of the Court now called the Exchequer or the Court concerning matters of the Income Profit Revenew or Treasure of the King But also of the differences betwixt party and party the object or subject matter call it what you will of the power of the Court now called the Common-Pleas which for ought I can finde authentique to convince me had all one officers which were not many all one Process which was a special Writ for appearance and a trial before the King or such as he appointed in his Court for the King was to be always present and there was also help in case of Equity by the Kings Chancellor in matters of the Summum jus of Law according to the common Lawyers phrase or severest opinion according to the rule of pure conscience that is do as you would be done unto or like a good Christian according to the Episcopal and Church-mens equity in the times of their Regiments now this foundation laid which offered benefit as well as Law to the people who had hereby remedy against the greatest oppressions of great men or Judges in the Courts of the Sheriffs or Lords Courts or Hundred Courts which all at first submitted by way of gradation to each other all to the Kings and so the Courts in Cities and Boroughs and other places incorporate as also Franchises and Liberties which were the evident marks of conquest and granted larger or stricter as the King pleased Now the King plots his own setlement first as being a Norman that is French he wills all our pleadings to be in French for he being as chief Father of the Commonwealth to see to all ought to understand it Next he ought especially for offences criminal or trespasses of force voluntary to have the punishment of the offender as a disturber of the peace of the Commonwealth as well as the particular party to have reparations and therefore he brings in together with Appeals the ancient usage of England which was the challenging of a man to have committed an offence as of treason murder rape felony and the like a kinde of suit in the name of the King called an Indictment and truly all the reason of the introduction that I can see was to advance the end of the Kings gain for here the King hath all the gain all the goods of the party at first from the day of the offence done truth now he hath it in appeal but it was not so for this the old true tale of Kents freedom will be known Evidence for they opposed this part of prerogative and then the father to the bough that is to be hanged upon the arm of a tree the usual and ready way then of dispatch and the son to the plough that is to the improving the inheritance left Concerning the common Law Prerogatives of a Prince or what the Laws of England anciently as by the right and light of natural knowledge granted to their Kings a certainty of land of the Crown Mines of gold and silver Royal fishes lands deserted of the sea and of them who died without heir as the prime person in whom the honor and glory of the people rested I omit to speak at present Truly that this William used Parliaments I finde not though others do for it is evident to the world and he that is not blinde may see he to quiet the people pretended Title but his intention was to make it his absolute conquest he therefore calls Councels where his Lords were present they do what his Will is and there is an end So that grant it a Parliament or National Assembly of the Estates yet it was but to grant or enact what the King desired his Normands had liberty to speak their will what English man durst oppose but the acts of his successor fully demonstrate this who destroys thirty towns and Churches to make a Forrest the Monks of the time durst speak but who else So that now it was evident what Title he claimed by pretend he what he will for the King had still his pretences truly the English were now in great streights they saw their Laws utterly abolished and their lives and estates to lye at the Kings mercy there was no remedy to complain who durst The Bishops yet notwithstanding something interpose but their mouthes are stopped by a command from his Holiness for people must not rise against their Prince but at his will and fill his coffer and you have his Crosier at command for Rome was now at the full height of wickedness but God taking away this sacrilegious Prince he soon opens a way of comfort to the almost cowed English giving them some means of revenge by a royall contest or a quarrel for the Crown this and matters of like nature setled there now ariseth a greater quarrel which hath continued even to these times though with divers parties and upon several grounds and that was betwixt the Lords and the King it seems God would have the English free and though he chastised them he would not forsake them for he makes their enemies the chief assertors of their ancient Liberties for these Lords finde now that they had not the same free priviledges their Ancestors had and claimed their births had now made them English of sharers in principallity they were made meer though greater Subjects The King Lawyers belike had found some flawes in their patents it may be they had done some wrong to their Tenants and were complayned of and the King to anger them that they might forfeit their too large liberties did the poor men right the greatest vexation and Soul or heart-grief a proud great man can have but be the ground what it will many of which are evident and arising as before is said The contest grew high there were things called Parliaments assembled to the end to determine these differences and in them divers good Laws tending to reconciliation were enacted but what was the effect of force ceased in execution when the cause was removed and the Lords armed against their Princes and truly their Tenants took part as the rest did they feared the saving of their faith to their King would prove the forfeiture of their lands to their Lords and now what was intended for the Kings safeguard was his ruine the most immediate Lord carrying all the power the superior Lords all along were strangers So vain a thing is the most prudent settlement of men if Divine providence affords not success But this still remains a sure foundation good Laws are ever the same though the badness of men may enervate and weaken them yea oft times invert them but still as differences grew higher and higher Parliaments were the means of quieting of all which doth
or default the offender to be punished and in case of inconveniency the place to be dispriviledged Again It s no dispriviledge to a Free-man to have men attainted of crimes severely punished yea in some cases not agreeably to the letter of the at least present practical Law As for example a person dangerous and oft suspected for criminal matters as Robberies Burglaries Thefts Cutpursing and the like is acquitted by the formal ignorant or packed Jury for want of a clear more then noon day evidence which is now with Jurors through the servile terrors of selfish Judges expected if such a one for the peace and welfare of the Publique be detained in Prison made to work c. so one who hath had his Clergie several times So of gallant Rogues who live high and can give no account how they come by their expences to secure such is no doubt the great priviledge of the Subject These matters can never prove prejudicial to just or good men in a well ordered State they tend to the well setling of any State and although some may abuse such power against good men sometimes yet this is well known That that is the evil of men not of the power punish the men and appoint better but necessary power must alwayes be upheld This may be much opposed by some whom I have found earnestly to contend that prisoners convict of Theft and Vagrancie common Milchers and Pilferers could not by the Law be polled that is have their long haire cut off no not when it hath been proved they have made that instrumental to their roguery The Custome of old will not prevail but their new fancy that nothing of reason is Law but what we have an adjudged case for this must be maintained for this is their Diana who so stickle for Rogues and therefore they will not do this but advantageous customes are revived or created though no better and less reason thus they Tyth Mint Annise c. It s no dispriviledge to be enforced to plant yea if a Law were to plant the North and West side of each inclosure with fruit trees and the South and East with Timber and other wood and when any Close were above four Acres to have one row of Timber or fruit in or about the midst It were no dispriviledge to have all Commons inclosed and improved a certain quantity only kept for the meer poor of the Town nay it s the only way to advance the Nation provide assuredly for the poor who now all are eaten out by one rich Clown and make good roads for Trade and take away the Nurse of poverty It s no dispriviledge to alter the Heathenish days of the Moneths and weeks and idolatrous ones of Saints dayes Feasts weeks c. Nor to admit no Market or Fayr of speciall note save on Wednesdays and Thursdays so called that going and returning be not at all on the Lords Day No nor to take away multitudes of old needless Fayrs in England the principal end as practised being only drinking and wantonness It s no dispriviledge to have a Law that no ground within a certain space of a City or walled Town be plowed but all for pasture except allowed and that onely once in a set quantity of years by the Magistrate thereto appointed for necessity and then not except only for Roots Turnips and the like It s no dispriviledge to be punished for keeping Swine or using certain Trades in the heart or great streets or neer thereto of Cities and great Towns alwayes provided they be not tolerated under a rent or any payment to be enforced to sweep streets cleanse Vaults avoid Dunghils yea if it did extend to the avoiding or purging the belly of other excrements then water in any place and not bury it It s no dispriviledge to have the Magistrate set a rate upon what can admit it nor to punish the inventors or wearers of new Fashions It s no dispriviledge to enforce by Law to Tyle or Slate all houses in Cities and great Towns To conclude a general Law can be no dispriviledge nor any Law which truly intends publique good the not equal administring of that Law is a dispriviledge but then the fault is in the Judge not in the Law though it may prove very burthensome as in times of Prerogative nay destructive to a particular which evil will and ought to have a speedy remedy by complaint and due punishment not by alteration of the Law I come now to the last controversie of Priviledge and dispriviledge that I remember that is That men of such Estates shall not keep Hawks keep Greyhounds Guns setting Dogs Nets and the like many have questioned me what benefit we had by all our labours hazzards payments c. if this were practised they had as live the Lord Matravers should take away their goods as the Justices of the Peace but being informed what they did was according to Act of Parliament what he did by meer power what he did was to break the hearts of the people and fit them for slavery what the Justice did was to restrain the vanity of youth and keep poor people to labor that through the vain delights of sporting they might not neglect their Family what he did was to enslave poor and rich equally what they did was only to regulate exorbitancy and looked onely at inconvenience they all resolved the thing was just they would willingly submit and desired a certain enforcement of so just so necessary a Law 2. That trade should be regulated which most assuredly as to well working making fitting and trimming of matter is out of all doubt necessary if not of necessity but as to the times and places of sale wherein one Merchant or Tradesman may outreach another and may border upon particular interest that is not so easily determined only this the Supream Magistrate must take a note of direction that there is two evils which to well settle a free trade must be provided against First to loose a rule which is to place the superintendencie of power in the vulgar Artificer which will at least end in confusion the next is too strict a Rule giving the Masters of the Company as you may call them such a power as they shall make Laws and enforce the execution upon such terms as shall out all Freedom but only in name therefore some general Rules must be laid down and every County must have a Conservator of Liberties of Trade to restrain from unjust encroachments either of the poor by multitudes or rich by power and this will sureliest settle the foundations of all Priviledges But there is one Priviledge more yet remaining which is as it were the essence of all or rather that which in the enmity of the world doth secure all the rest and that is that the Subject himself unless he forfeits his liberty be master of his proper Arms and imployed in the setled Militia of the Nation For it is
lay to heart these things First that you are in Gods stead Next that there are many vows upon the Nation for Justice and Righteousness against the then and still continued unchristian uncivil nay inhumane dealings of man with man as man with God c. You stand in the eys of all all your goings are marked and all your failings graven to Record Publick necessities your own consciences and peoples complaints have plucked forth Declarations to men as well as Covenants to God the Obligations to men are still the same if the reason be the same And for our Obligations wherein we lift up our hands to the most high God truly though the Covenant as is said be out of date that is the end of the Covenant for satisfaction to the King to draw him to an union and conjunction with his great Councel be disobliged yet the seeking of the setling of this Nation the three Nations all Nations according to the Rule of Righteousness in love peace and unity yea the drawing of them to uniformity both in Doctrine and Discipline according to the Word of God that is by the evidence of truth and the manifestation of the Spirit is still the duty of all Christians for this had been a duty had the Covenant never have been it was before it and must remain after The present Age is in the learned part very acute at least to censure all persons and then assuredly the actions of Enemies You have many who foment jealousies from the supposed Errings and delays some to one end some to another but all of beleeving the old experimented Rule of the destructiveness of popular Government from the variety and inconstancy the dilatoriness and ambiguousness of their proceedings and unsatisfiedness of so many selfish Interests as are among them this is to bring in the Government of a King again Indeed multitude of occasions makes your proceedings slow-paced Instead of particular Acts which are unsatisfactory settle a compleat body of Government you have means of supplying all indigencies for if you improve your power to evident publick good who will oppose The Royalist and all among the Parliament party agree in many just things yet uneffected Justice is the preservation as foundation of the Throne If you will raign safely walk not in any of the wayes of them that fell before you the president of their punishment as their error is too nigh at hand Let no interest deterr you from your Rule Conserve indeed the real Liberties of the people free us from all those Legerdemains the sleights of Oppression and Tyranny What was unjust gain in the King let not the State demand there depend upon follow providence as far as you will and be as remiss and so called merciful as you please but in things just and evidently conducing to common good be severe and unalterable this is righteous In things difficult and doubtful first use reason and prudence discover the interest opposing and so proceed to afflict this wil breed both fear and love Alter a good and just thing though to a more just by degrees and gently for interests have here lawful pleas but in evidently evil it 's the glory to make speed Connive not there for an hour What is here driven at is the just Reformation of all our Laws the Reduction of them to a Rule and standard of Christian Simplicity You that are of the long Robe both in and out of the house you whose knowledge both divine and humane abounds as your abilities in outward as inward excellencies Judges Councellors and Officers of all sorts look not at ancient Customes but at the common Justice of them not how they restrain particular evils but as they conduce to universal good If you will not admit the opposition of inferiors do nothing but carrying that evidence of reason as may stop the mouths of fools as well as satisfie wise men Let Godliness now in this light be the pretious gain it s the Pearl of great price Surely there are things called Law admitted practically for Law and those opposed and complained of which are so notoriously unjust and irrational so destructive to the Nation as its the admiration of all men they are not amended 't is laid onely to the charge as a matter of Interest to be obstructors see in the day the Lord opposing every evil thing lay down Self and God will stablish you To you Princes and Nobles I say learn by Gods dealings with you to see Thrones and Scepters Powers Civil and Military Riches and Honors Wisdom and all are the gifts of the Almighty Wisdom The Hand of Providence holds them forth and disposeth them as it pleaseth You have been bad Stewardes amend your wayes God hath here and there taken all away otherwhere a great part most have suffered know God is able yet to take away the remainder seek not therefore in passion to break out what ever you do carry God along with you and that not in thought but deed assuredly the judgement else will be more smart and deeper in every change le ts see the Work of God upon your hearts change Profession into Practise of Christianity idolize not the Form but acting sincerely Zeal Holiness Austerity of Life in the avoiding the very appearances of evil but exemplary in Charity and that not onely in giving much but giving well ordering the wayes not of your selves onely but of your Families so that the nobility of your souls in the excellence of graces may speak you illustrious above ancient riches the Vertues or Vices of your Progenitors The same I may say to the Gentry and men of great estate City and Country know God gives you much that you may do much for him wherein is now your excellency Titles Alas they are but like Absoloms Pillar serve but to eternize his faults and miserie Good cloathes large Retinue as Revenew if not larger and they generally idle and so necessarily vicious Coaches and horses bountiful and luxurious fare as much spent to feed and cloath ten as well would satisfie each day one hundred and for one hundred as would plentifully maintain a thousand Is God honored in all this or is the poor profited you may think it for thus did your fathers and so did you but where is the Rule the charges of the Commonwealth if but five shillings are a burthen to you who spend ten pound nay a hundred pound nay a thousand pound in waste and they that have nought follow your example thereby believing they gain credit I now shall speak one word to the Army You have followed Providence make no Selfish Interest your Idol lest Providence forsake you be assured others have many enemies but for you how few are your friends there are great engagements upon you to God who hath with such a continued course given success to your undertakings I am so far from incouraging to Mutinies as I condemn them there are just wayes use them I would
draw all the world by the Clew of evident Reason and demonstrative Justice much more Authorities and when my reason could not prevail I would at utmost lift up my voyce in prayer with one hand and my heart and hold my sword in the other for my defence All that I say is be English men still war us not into slavery whom you were made souldiers to redeem from bondage but especially you Officers let not promotion cause you sit still because at case I cannot but give out one word of advice to the great and eminent City of this Nation you were sensible of evils past pride made you fat and you kicked with the heel Though the greatness of Trade be broken repine not break not out there is more lost in a day then can be gotten in a year vex not Strangers from your Potency nor Citizens by your Power Petition not against Will instead of Law in others and use far more irregularity and upon less ground your selves you heretofore gained the whole trading of the Nation into your company we are all English men shew us your Charter of Priviledge amongst the immunities of common Subjects will you admit that a particular Company in your City should of the Grant of the King have a priviledge to the detriment of your general Charter why should you then to the dammages of the whole Nation Agree therefore to just things give God the glory to part with quietly from the convictions of just Reason what you might happily hold either by Law or Power from your Grants if the Grant be now evil though not originally so for Reason making things lawful and being the bounds of Supream Monarches in general it cannot be excluded their particular Grants I know this will grate hard upon some among you but if Christians they will hear it were better to be less rich and less populous so more honest and better regulated you are at present yea after so long sitting under the Sword of the Vengeance of the Lord the sinke of abominable open prevailing sins you that should be the Head to the Body and the Eye to the Head in the greatness of Blessings going before others and being a Pattern and Example to all the rest as a Mother City as you have been stiled in the Nation you are not active for that glorious Regiment of divine Reason which as Christian is held forth to us in the Old and New Testament of our Lord and Saviour the Lord Christ Jesus you labour not in what is established by Law then sure it can be little expected that you should endeavor the Settlement of more it is a work of difficulty the opposition of the world will be but the world is overcome and this gives hopes of Conquest when we fight an Enemy that hath been beaten it s the course of the world to plead Presidents and then the highest are the best you are able do the work you have done much in settling a Magistracie in Chief set to the design this is of interest publike but cease not here fit them to the general end of Government as well as to the particular one of Opinion It s the way of all Corporations this may not be evil in Politicks but there is a better in States much more in Christianity And from you I pass to all Cities and Corporations You have evils every day which need remedy you spy errors in your Charters whereby you see you are no way able to act for publike benefit endeavour the Settlement by due consideration of just laws present them as is due to the Supream Magistrate let them settle the due priviledges and so enable by a standing Law the Rule of your Christian Government in a social frame Emulation may be hereby a spur to excellency of Order while the improving the same priviledges more or less will evidence the excellency of men which particular honor is the Bellows to blow up the spark of outward Vertue to a flame in a zealous or ambitious spirit And you rich men and men of parts in all places improve your Talents hold forth the Light God imparts to you for the healing of this languishing Nation The poor increase so vastly through continued and unrepaired losses at Sea and from the deadness of trading at Land that unless some course be taken all must to wrack besides the mercilesness of Wretches who sell the poor for a pair of Shooes some by forging Judgements and making folks to compound some under colour of Warrants breaking open of houses being Bayliffs and that at midnight and then by the Justice its said Justices of the Peace let go with onely restoring the goods again and this since acted in several places they passing unpunished otherwhere a Bailiff upon a Judgement of one hundred and eight pound upon a debt of forty pound out of the Common Pleas whereby ten pound sixteen shillings is due to one Officer for one Fee as dammage clear out of their estate who are not worth one farthing comes and makes seisure of a whole Shop of goods worth by estimation above two hundred pounds in Grocery and other small wares of Silk Buttons Lace Ribbonds Linnen and Woollen cloath c. besides all the Housholdstuff not leaving a bed to lie on or stool to sit on and these are by whole Sale as they say without any Inventory or due apprisal carryed away and yet no Judgement satisfied that is not fully forty six pounds is all can be made out of these goods Men constantly Arrested onely to force them to compound for stand out a Suit they are undone yet who becomes careful to give or crave relief in these matters Thus the poor and miserable people are daily utterly undone from Forms of Law and the priviledge is in the Form O Englishmen deceive not your selves and others with shadows These so more then evident errings wandrings failings and unreasonable unjust procedures of so called and proud of as striving for the name of best purest holiest c. Christians are the gaps and inlets to all those strange unheard of Opinions those Blasphemous and unnatural bestial actions and audacious Printings which there is such a stir withal in the world lay ought to their charge they recriminate and bespatter fouly and soyl hangs For the letter of the Scripture if Christians plead that they are gone it is as killing under the Gospel as the Law for the letter of Scripture and the lives of Christians are as different as life and death hell and heaven This in contemplative heads convinced of duty works high and assuredly brings forth all those Enthusiastick Rapsodies which so amaze the world these urge them by degrees to greater heights of so called zeal for Gods Truth and then after a Prophetick strain they utter things hard to be understood I cannot see any ground why any should be led away after them nor give any credit to their sayings No I rather believe it to be the
Christ was and laid The same the Disciples Apostles and others use and build with and upon and in the same way according as they received light which was not all at once I pray observe that they had the spirit all but all nor any of them had all the Spirit they had their portion the grace as Paul saith which was given some in one kinde some in another therefore they first apply themselves to the Jew our saviours rule while he lived was Into the Cities of the Gentiles enter you not but go you first to the lost-sheep of the house of Israel but after a time God manifests by the vision of Peter so God taught him first after by pouring the holy Ghost upon the faithful house of a Gentile that they might be baptized and now after a disputation and satisfaction from Peter of these things they that were infallible in particulars which the spirit gave them were not knowing and sometime erred in what God yet revealed but to Peter I pray note this but now freely they preach to the Gentiles and zealous Paul of a persecutor I say no more made a preacher he goes especially to the Gentiles and with much labor and travile and with many dangers preachers Christ but the Divel is as busy as may be he feared not these men who had received the holy Ghost and had abundance of the spirit he throws his stone and hath Agents enough to roll it now the Gentiles are admitted without dispute the question is if they be not bound to Moses law I finde no question of the moral the scruples are concerning the judicial and ceremonial the first question was concerning some that taught the brethren circumcision was needful to salvation this controversie which hath filled the world so called Christian so full of controversie from that time to this present day as namely whether we be saved only through the righteousness of Christ apprehended by faith or have need also as to salvation to observe the Law that by the Jew was meant of the visible law ceremonial by the Christian moral c. The wits of the world saw not then the evidence of the spirit nor would acquiesce in the resolutions of the very Apostles themselves so that the congregation at Antioch being hereby in great disturbance were enforced to send Paul and Barnabas to congregate the rest of the Apostles at Jerusalem this upon a full meeting was to receive its end and determination where being recieved of the church Apostles Elders and brethren who were called together and the matter publiquely debated before them the result of which Peter declares to the Church or multitude of believers evidencing by the letter of scripture and that of the old Testament which surely is one of Gods witnesses That the Lord in calling the Gentiles who were uncircumcised which before was the visible condition of salvation declared and testified That salvation was in Faith without any Oblation to the Law But mistake not I intend not here as if the Question were of abrogating Moses Judiciall but that Salvation was not tied to the obedience to that or the whole Law but only through the grace of the Lord Jesus which being allowed by James he gives his sentence that the believers of the Gentiles be not yet till further instruction tied up too close to the severity as their vain liberty will account it of the Jewish rigor but in those things which will cast too great an odium upon us with the Jew as participating in Idoll Sacrifices whoredome the great and ordinary delight of the Gentile and in eating any thing strangled or bloud as being a precept highly esteemed with them le ts in these write to them that they abstain to which all agreeing it seemed good to the Apostles and Elders with the whole Church to send this their resolution in letters by certain of the Church at Jerusalem together with Paul and Barnabas the stile phrase and order of which holding sorth still the pattern of Christ their Master and Teacher's meekness gentleness and lowness the Lamb dumb before the shearer and testifying their unity in Christ their head take notice of in the parts the Inscription whereof was The Apostles Elders and Brethren unto the Brethren not the Elders nor Officers but Brethren which are of the Gentiles in Antiochia Syria Cilicia send greeting in the body Forasmuch as we have heard that certain of the Church of Jerusalem or Jews have troubled and cumbred your minds saying you must be circumcised and keep the Law to whom we gave no such commandment to testifie which we send eminent men in the faith to you for it seemed good to the holy Ghost and to us to lay no more burthen upon you then these necessary things that to the end no offence be given to the Jew you abstain from things offered to Idols bloud things strangled and from fornication from which if you keep your selves you shall do well fare you wel Here was no charging willing and commanding from the sacred Synod no Authorrity of the Church urged more then the note of intimation that what was done was by them who had received the holy Ghost The issue is also considerable for these Commissioners of the Churches both of Antioch and Jerusalem comming now to Antioch I pray consider their carriage they assemble whom the Elders or Preachers no they would not tie the people to believe implicitely therefore they assemble the multitude all the believers and there they deliver the Epistle which is read with joy for the consolation This done Satan is at work again raising strife and contention betwixt Paul and Barnabas so that they parted company wherein I pray note the children of God nay the chosen vessels yea consecrated by the actual operation of the Spirit are subject more or less to humane frailties consider further Paul after this decision of that great controversie at Jerusalem yet by and by he circumcises Timothy to give content to the blindness of the Jew and was never called to account for it either at Jerusalem or Antiochia and though himself at the same time delivered the decision of the Apostles and Elders at Jerusalem to those converted to the faith of Christ in the Cities about as they travelled to establish their minds in case either the controversie concerning the Laws necessity were there raised already or might right rise afterwards by this humane Wisdom labouring to prevent a further increase of that controversie And if it be queried why they did not miraculously do it as well as heal diseases and such like Know O man that it was contrary to Gods Ordinance he appointed preaching to convert the world and miracles were Trumpets to call the people together and prepared them to receive the Word and with the Word God gave grace as he pleased and that this must be so is plain for all that saw the miracles attended not to the Word and all that did both were not
converted Thus you see the devils beginning he presently raises up controversies in the Church and also persecution without the Apostles are imprisoned but for magnifying Christ one condemned to death as a traytor an enemy to Caesar See it was the doctrine of Righteousness was opposed but Treason is charged how many Christians have played fast and loose for this cause with Christ for could they have suffered as Martyrs and had the point of Controversie been the main of their charge they would have stood it out to the last but that being but by the by and Treason or Disobedience to Powers the chief they faltered but the Apostles and Disciples through good report and evil report went on in the Work and great wonders were every day done confirming the believer and astonishing the opposer so that now in the greatest Cities of Asia Greece and Italy the Gospel is preached wherein the believers of all sorts have the same rules laid down which Christ delivered to his Apostles clearing still the righteousness of the Law but not placing Salvation in obedience to it as is manifest in all the writings of the Apostles and by them as by our Saviour urged by the Letter of the old Testament declared by the Prophets against unnatural lust idolatry coveteousness maliciousness envy murder debate deceit frowardness extortion pride boasting idleness haters of any good doers of any wrong inventors of any evil disobedience to any power ignorance breakers of Covenant without naturall affection unappeaseable merciless and that these are worthy of death he appeals to the Laws which if he meant of nature to the unconverted Gentile whose morall strictness was most admirable then surely to the converted he much more intended the Law of God given by Moses unto his people according to an everlasting Covenant being of generall necessity and convenience under the Gospel as during the Law and by those Laws he saith the offender deserved death and surely that particular cruelty was universal mercy and in and through all the writings of Scripture there is urged not onely a necessity of having but of obedience to the Law but for civil benefit not as saving but as found general in those whom God had elected as St. Paul argues strongly in shewing the nature of the Covenant with Abraham to be universal to all believers so that it was a Covenant of Faith and if I be not mistaken it is plain the Covenant is though called double yet not liable to that distinction of Works and Faith but that which was through the veil which was then upon the profession of the Law placed in the obedience onely to the Law and so called of Works was now unveiled and declared to be onely by Faith but withall evidenced that that faith which was not still working was dead and the testimony of our faith to the Church was our works and I see not but that the outward promises or promises of outward blessings are still the rewards of legal obedience and for the reward of faith I see no promises but of eternal bliss and though the faithful keep the Law yet they rest not now upon the promises of the Law but the glad tidings of the Gospel sound in their ears and they are fixed upon the Allelujahs of eternity Out of all which we may gather That the Law not only Moral but Judicial being not absolutely and necessarliy proper to the Jew onely as being either Ccermonial or alluding some way thereto was the obligation of common or civil and also of Christian equity to the whole Church believing in Christ whether Jew or Gentile which is plainly manifested through both the Testaments but now all the Ceremonial Law being Typical of Christ that was abolished so that as the shadow vanishes when the substance appeareth the proper Priestly function service sacrifice rites and all are buried and will God now leave no Rule of Faith no worship no day no order no government no maintenance Let us see the way for this First Christ taught then his Disciples then each Christian instructed one the other and upon this ariseth Sects and Divisions even in the Apostles times some were of Paul some of Apollos some of Cephas so that now what was the Church of or in a Province was or might be divided into several Congregations and that either differing in a Circumstance yet holding all the head in one Communitie of worship upon occasion and so onely a Sect or differing in opinion in things not plain but doubtful or else in matters which were counted of such value or so nighly concerning the principal points of faith that they did as it were rent from the Head and would not admit admixtion which were the producers of Schism and this was or ought to be as was at first supposed onely in heresie things or opinions inconsistent with the rules of Christianity which either did appear or it was declared would appear in Pauls time Now how doth Paul deal with these Truly what power he had concealed that he either used not or pretended not unto is not possible to judge of but what he used was according to the nature of the Covenant explained which was of faith for the works of the Law in literal obedience man may enforce obedience but Grace is the onely gift of God and therefore he onely useth the sword of the Spirit which was the Word powerful indeed in a right and skilful hand and no other he informs and labors to enlighten them that Christ was the head and if a member were divided from the Head it was no longer a member and tells them plainly that Christ was the foundation and who ever laid other however wise in the sight of the world whether of worshipping of Angels mediation by Saints abstaining from meats forbidding to marry observing of daies and all such like though they had a shew of wisdome in voluntary humility and beating down the flesh yet they were will worship the gate for Sathan to enter by and by carnal seeming wisdom to build with hay and stubble and daube with untempered morter yea to change the truth of God into a lye through the decieveableness of the flesh for these precepts of men being admitted first as explaining the will of God were then accompted helps then necessary then matter of faith and this prophesie who is so blind that hath not seen fullfilled therefore he advises to beware of vain humane wisdome or philosophy which was bewitching and tells that this mystery of iniquity began to work and would work and that there would spring Heresies yea that it was necessary but from the Gospel no one must depart no not though preached by an Angel from heaven and least the people of God should be discomforted by the afflictions and persecutions of the Apostles and other disciples and professors it is often plainly declared they must look to tread the trace which their blessed Saviour had done who was the high Priest of
our salvation who was perfected through suffering but withal declares and it is plainly laid down a most triumphant time should follow whether here may be doubtful to many but hereafter is believed by all So that that weight of glory shall far out-ballance the sufferings which any one under went for the Gosples sake And truly the persecution even after the death of Christ was immediately great by the Jew and though God left himself not without witness even among the wisest of them as in Gamaliel Nicodemus Joseph of Arimathea Paul most notable and others yet there was little cessation through the great division and factions which God suffered them after the death of Christ to fall into Hierusalem being a type of spiritual Sodom gave warning to the believers in Christ to flye out of that Babylon that so it might be prepared for that first coming of Christ to Judgement which he did by the Romans the Eagles flying and hovering over that carcass untill the appointed time when by them it was devoured and now begins the curse upon the remainder of Israel of the ten Tribes Judah and the residue for their sins being not forewarned by the great judgement which fell upon Samaria and her children aggravated by that most fearfull imprecation His blood be upon us and upon our children which City thus taken out of the way the persecution ceased not but is renewed more bitterly under the heathen Emperors and their substitutes in the several provinces of the Empire and let us mark the Divels cunning all evils were laid to the charge of the Christians not only sedition and tumults against the State but the causers of those direfull evils of War Famine Plague Inundations which over spread the face of the earth but these could not be so well proved Though undoubtedly the interpreters of the heathens Oracles gave good satisfaction to them were willing to believe it but they had more evident Testimonies if publike fame had not been ever subject to lying they were breakers of all the laws of nature and nations and this had some foundation in sence and reason for they that taught that the love of the Gods was not obtained for nor yielded to good life right dealing earnest serving of them nay though accompanied with never so much inward zeal or outward fervor The Philosophers could easily summ the positions of the Christians into this General Doctrine and then let them alone to conclude that surely there could be no expectation that these men should do any thing according to the law but for lust or pleasure or profits sake and therefore counted them enemies to all civill moral laws and living and what could they then lay to their charge which would not easily be believed of them not only Adultery but incest not anger but murder not swearing or lying but perjuries and all abominations and though these things were not done by day their outward lives were civill and just it was in the night and though common Justice appeared in them to their neighbours it was Hypocritical their vitiousness was acted amongst themselves or such seeds sown as would infect a future generation And no doubt Paul having blamed them for going to law with one another but especially before heathen Judges which opinion they could not but hold in some part while their Saviour taught them so oft to forgive their brother and to him who would take thy cloak to give thy coat also these circumstances were aggravated as people looking at no Government no order no discipline Pauls reproving exhorting convincing perswading holding no communion delivering to Sathan were to them fancies of the speculative understanding and all his weapons not carnall to the destroying of the outward man but mighty through the power of God piercing even to the heart and reines and dividing the joynts and Marrow which their carnal religion could not comprehend caused them to think they did God good service to persecute and destroy them yet God left himself not without witness even amongst these heathen who not guided by the votes of the multitude nor swayed with words but substance did in all Ages testifie the truth not only evincing these charges to be lyes but the purity holiness profound sanctimony and exemplary chastity of the Christians was unparalleld and their trials manifested their patience invincible so that they overcame also as Christ their chieftain through sufferings and these were not only of the vulgar people but learned Philosophers and noble Senators and ever or most generally of the chiefest in esteem for natural excellencies and this was notorious that he or she that were the worst heathens proved generally the precifest Christians by which vertues at last their enemies were even overcome so that the very executioners turned Martyrs And though God oft afflicted his people and suffered them to be afflicted for it is evident that under persecution they grew most not only in holiness but in Number So that the blood of the Martyrs was found to be the seed of the Church it alwaies turned to their greater good and in his release from afflictions for God gave them ever and anon a breathing time they lost by Divisions Controversies Pride Ambition and such like of the glory of their sufferings which who ever reades the Histories hereof cannot but observe in persecution still praying meetings full and frequent Amities strong and lasting obligations mutual Engagements reciprocal And while they could hope to own nothing but themselves they quarrelled not for what they knew not they should hold and in the assuredness of propriety had a holy community of all things amongst themselves worldly cares were vain things Honors despicable Riches fatal husbands deceitful wives treacherous Children troubles all burthens but only Christ the Lord Christ was their Spouse their honor their riches their Treasure their safety their all in all release them from afflictions the world prevailed again the flesh domineered yet even then how many were most holy beyond present belief yet even then how many that left houses and lands and all in affliction for Christs sake in the storm would never return from the Churches habitation in the wilderness in the sun shine but wasted themselves in continual prayers fastings meditations holy vows and all exercises of the height of zeal counting all too litle they could do for Christ how many flourishing virgins thus espoused themselves in the Wilderness to Christ as well as to the fire to the beasts to variety of deaths and tortures for him in the Cities and Towns how lowly plain and painful were the then Pastors of Congregations Paul taught the labourer was worthy of his hire but lookt at a reward far above earthly treasure they were the first in holiness every one chosen who had most ability the set stipends were not their provokers but zeal for Gods glory what was given was not received then sure what was witholden was not sued for And now it was plain
against each other But by the power of the Army they are re-instated again at Westminster and declare Pelhams Parliament so called he being the new chosen Speaker no Parliament but the lenity of the prevailing part went no further then imprisonment of some heads either not daring in such a difficult season or prudently forbearing to exasperate but this lenity shattered much their work for although in the re-instating these Members the Army passing through the heart of London shewed themselves brethren not enemies no force no disdain appearing yet London was full of hot humours and no sooner was the body of the Army to that end politickly dispersed by the Members kept in by every Voting but they break forth anew Yea so was the plot laid that each County in England should have their embroilments and the Scot should return to beat down the Levelling Army and re-inthrone the Presbyter but declared to make way for a free Treaty with the King at the Isle of Wight a sure plot for the Army every where distracted what could they do But the plot works let us see the event Wales begins the remote part West thither is Cromwel sent He gone all on the sudden the world is full but happily by degrees not as intended but occasionally each party of Rogues who began the work thinking themselves able to re-instate King Charls the next place was Norwich where the Lord shewed himself wonderfully both in the height of power and depth of providence of which only one word There was about two thousand persons in six hours time gathered together not intended untill May day the choyce day of the Major by promiscuous popular Election I need say no more to shew the evil in case of a future settlement but the Major being upon miscarriage sent for by a Messenger of Parliament to kill the Messenger and rescue the Major this multitude pretended to rise but up they broke open one of the Sheriffs houses and rifled the same and the Excise Office and then seized the Magazine of the County in which was ninety eight barrels of powder there were in the house dwellers to the number of twenty and odd of men women and children the house was large and strong yet they forced it open there being Arms also for two thousand persons which found out they presently arm and charge but the scowrers and worms being in and they in haste their Guns became useless against the Horse who came in to the assistance of the Roundheads as they were called of whom it was resolved not one should be left alive by the next day after And now both Presbyter and Independent being in the same danger they both met as friends and accounted the ones safety the others preservation and as God preserved the Souldier without so did he also them within the house for the house being blown up as is most likely by wilfulness of some of them for it was declared the day before it would be blown up and above one hundred of them found dead not one of the Inhabitants were slain though under the same ruines yea a woman great with childe formerly subject to miscarry now near her time though lying long under a great wall was taken out safe miscarried not but liveth still to praise the Lord with those her brethren and sisters who saw themselves in the grave and were yet raised and this was done April the twenty fourth One thousand six hundred forty eight From hence were the Souldiers while the City was yet scarce setled called to Bury in Suffolk thence into Kent thence to Colchester a small party brought Holland's and Buckingham's partakers to their shame and the Scot before not known whether Royal or Presbyterial being with much ado disowned by the Parliament by reason as was declared of the insufferable cruelties and rapines by them exercised upon the English but the visible interest of them was wholly Royal commixing Councels and Interest with the renegate English so called and although all the breakings forth were meerly by the loose multitude and no appearance but for the Royal party yet this hint was taken strongly to urge a close with his Majesty and to make this the less doubtfull the Navy in great part revolt and the strong supporters of the Presbyterian party engage in it Now whether the Independents were not true to the King in their Colloque I here quaere not nor can more then before This I am sure they were true to themselves But the Presbyterian party so called were not true to themselves for the King out-went them as far as the other did him not that I beleeve that they intended it but that their Leaders now seeing things at a dead lift resolved to make the best bargain they could for themselves not seeking the Kings Interest neither but as it stood with their own therefore they resolve to please the King in all and that the Treaty might be free send him down new Suits c. and free him from the close imprisonment or restraint wherein he had suffered and this proceeded to a large Treaty wherein the King and his Creatures treated all matters as them listed and that which was never heard on in the world a Prince alone to maintain Arguments both divine and civil against the utmost wits of Lawyers and Divines and as they were printed seemed to surmount them yet to get himself into the Throne and make his enemies bowe he parted with what he had argued himself into so they had what they had not of right but grant still and all this done with such sobriety such opposition granting now a little then a little that a meer honest eye-witness would have been deceived notwithstanding he knew his Majesty had declared himself a prisoner not free his Son the Prince now acting by his command avowing the Treaty forced and the Armies of the Scots and English engaged to break all off But God notwithstanding all this that breaks all the bows that were strained against him scatters all these clouds only Colchester the Scots Army and the Fleet are continued â—o exercise our patience during the siege of Colchester it is wonderfull that the poor Souldier should endure to fight the same men so many times still sending them to London whence they escaped and yet he not execute them but send them again so that I have heard some were taken above seven times prisoners the Elements seemed to fight against them or bewaile the obdurateness of some hearts by a continual rain during all that summer especially at that siege which though long yet at last was effected And God so blessed the Lieut General in the North that though he had been made specially instrumentall in most the great warlike affairs as well as conciliary yet here he triumphed indeed the General taken prisoner and the whole Army utterly dissipated though above three to one and disputed manlike but who can oppose the will of the Almighty Yet some endeavoured
therein still and these successes against him whom God would cast down engaged them the more speedily to effect their intentions and enact a disbanding of the Army lest the Army should disband them This hastens the Armies march to London I am consident altogether unresolved what to do the work which God now called them to was higher then ever and the presages were the ruine either of London the Army or both certainly there were many who would have put it to the Tryal but the Citizens wisely considering that the multitude of discontented persons poor and necessitous were as great if not greater dangers within then the Army without and that lose they what they could by compliance they must lose more by opposition they admit the General The Parliament is now shattered many of the Members being taken and imprisoned are declared as guilty of the bringing in the Scots and might as well if not better of the several mutinies in England on the Land and defection of the Ships at Sea London is now Garrisoned the Arrears which were great there intending by want of pay if possible to dishearten the Souldier are strictly ordered and the Seat of the beast there that is Pauls Church the Cathedral made a Court of Guard and such Members as would avow the proceedings with the King excluded the House Ireland all this while was to the Parliament almost as it hath been with me a thing not regarded but now there are thoughts of that and the Army setled under a certain number with a settlement of pay respectively and order taken for the settling the Navy and Generals sent forth there is great thoughts of the necessity of doing Justice mens minds had run no higher generally then happily to bring a Lord or two to the block but lo God raiseth mens spirits to that height and brings them to it by degrees that they bring even the King himself to the Barr of Justice O that every heart may tremble at the work of the Lord he hath here manifested his power let all Princes tremble Charls of England the best of Kings I may admit but the worst of all other men for none hath such obligations is the example No Nation had the like mercies with England the hand of heaven had planted and watered us we were grown rich our eyes stared with fat and our bodies sweat under the pride of apparel but our Religion was formal and all our improvement of outward mercies were to licentiousness the poor were naked idle and unprovided for the Law held forth righteousness but the Judges and Ministers made it crooked or broken the rich men only were imployed the honour of Magistracy was rich clothes and a full Table but they were too good to take pains Now O all you Magistrates see God hath plucked him out who was prayed for as the light of your life and the breath of your nosthrils the fountain of your so called Honours your Idoll and hath broken off not only the palms of his hands and his feet but by the Sword of the Lord hath cut off his head as an offender against the Laws which he was entrusted to be the chief Keeper of I write it when I still see with grief men great in riches able in parts think scorn to be left out of Offices and places of trust as neglected but put them in and if they have nothing else to do they think that a work below them I avow it just if God should turn them out of all and set the Plough-man to be their Lord but I see yet no Justice for man to do it yet that they should be punished is most just but of this more seasonably afterwards men that will may see God in this and admire I know many pious Christians enemies to this Act who yet adhered to the Parliament in all the Wars and contributions thereto against the King yea in the offensive one but their stick is the Covenant I would have such rest content 〈◊〉 their own innocency in the fact they might have opposed if then they resisted not let them now be silent seeing the Lord is high in judgement That party of Parliament who transacted the affairs of State now still keeping the name of the Parliament though assisted with or guarded by the Army and in that saving to us our due Rights and Liberties of equal Law and property After this fatall Sentence proceeds to the sentencing of others both of high and low estate and enact the alteration of the State of the Nation from a Monarchy the Government being grown wholly confused the due regulation of the Prince the priviledges of Parliament and the liberty of the Subject being rather not to be distinguished then destinguished rather treated on in the Schools then by themselves and our Laws though the ignorance of them excused no man by the Judges or Senate then by the many concerned whether Executioners as Justices of the Peace inferior Judges Constables c. or the poor multitude yea all our Cities and Boroughs lost in their Franchises and Towns lawless in all kinds so that there was a kinde of legall levelling or theevery grown common Was it not high time for the Parliament of England to step up God raised up some spirits and but a few they attempted high matters feared not the frown of a King nor the combinations of all neighbour Princes which was threatned but resolved to establish the work God set them about And I let them to know God hath plained the way unto them there is no opposition but Self they have been Gods instruments for great works and must be yet for greater success doth not always demonstrate the truth God may suffer them in many errors for one good sake What he intends I determine not but may conjecture that themselves saw God Almighty intended an alteration of that frame of Government which was in this Nation What to settle is their work and how to oppose this settlement was now the endeavour some things I fear in the many Counterbuffs which God had given were taken to oppose which were never so intended though they might be tendered inopportunely and under the time of the grand design of Petitioning As namely some Petitions which though not burned by the hands of the Hangman as that was presented to the ungarbled House yet it was for some things it may be justly distasted in the whole disowned and called or rather miscalled as seditious by some interessed persons to render the whole odious Rainsborough is slain and no due enquiry into his death or Sir H. Cholmleys supposed compliance with the Pomfreteers This in an unsetled State where though faith was highly known and pretended to on both sides little was acted by the parties controverting but as men adopted enemies to new attempts and that from grounds given forth plausible enough for the Engagements at New-Market and Triploe-Heath c. were made the outside of the design The matter proposed
are so enfranchised Chap. 19. p. 130 131. Wherein is considered 1 Why the Law distinguishes 'twixt the person and power 130 2 Princes seek to avoid eternal Decrees by ensnaring the consciences of their subjects 3 What are Powers simply considered 4 That obedience generally must when setled be given to them 5 What duty Subjects owe to usurpers against their lawful Prince after a total expulsion 6 What the Subjects duty is after he comes under his first Princes Sword before expulsion of the Vsurper 7 VVhat is not the Ministers duty 131 8 The reason of all this 9 Dangerous and unsafe opinions concerning this ensnaring consciences from ambiguity or cruelty Chap. 20. p. 131 132. Wherein is cleared 1 Good the more universal the better therefore 131 2 The life of a particular Citizen not to be esteemed with the Cities safety 3 For this particular priviledges are to be dispenst withall as necessity requires 4 The meer Lawyers error in this 132 5 VVhy personall estate is seemingly preferred to real in some cases 6 Dangerous to allow contests of priviledge in times of necessity 7 Compensation must be made where dispriviledge is for publick good Chap. 21. p. 133 134 135. wherein is asserted 1 That its necessary to a free Nation to have Laws in the Native Tongue and in limits and bounds fit to yeeld speedy and easie Iustice 133 2 Walking Courts destructive and the reason 3 To look and settle these is the Supream magistrates Duty 4 It s a true and just Rule Ignorance of the Law excuses not 5 Therefore the Laws as in tongue so in number and phrase ought to be fitted to vulgar capacities 6 The Norman Conquest made our Laws speak French 7 The Roman Yoke and pretence of Learning made our Pleadings Writs c. in Latin 8 The end of both in legal French or Latine and is lost 9 Gain of the Practizing Lawyer the sole stop to Reformation 10 A subtiltie to unchristian reason of the Lawyer for continuance of strife and legal wranglings 134 11 Magna Charta's Rule true To delay is to deny justice 12 What the best men naturally counted delay 13 All liberties broken under pretence of difficulty of Laws 14 The general evils of delay known and visible 15 The evil of Remote Courts as bad as Arbitrary 16. General offers how to settle Judicatories 17 A way propounded to keep the Laws certain and one and admit Appeals and yet take away the Injustice urged in them Chap. 22. p. 136 137 138 139. shewing 1 The duty of Supream or Legislative or Law-giving Judges 136 2 The eminency of trust requires gifts answerable thereto 3 That no minor be capable of the offence of a Judge judicial much less Legislative with the reasons for both 4 Not decrepit in age mature nor green nor rotten the ages propounded and the reasons 5 Able in minde as of body 6 Free from obligations to injustice and dependances 7 Various dependances considered and their preservatives 137 8 As first to have a sufficient salary 9 To settle strictly what Bribery is 10 To punish both giver and taker 11 Judges must be such as evidently fear God 138 12 By whom Judges are to be appointed and their duties that elect 13 Qualifications requisite in respect of temper of passions 14 Weak justices or Judges make judgement despised and all Judges contemptible 15 Constables are Judges and Jurors therefore ought to be able men 16 The duty of ordinary Judges 139 17 Their punishments considered if offending 18 The best way of enacting of new Laws considered of Chap. 23. pag. 139 140. Shewing 1 How the Supream Magistrate is to look at unity of law in all Counties in his Regiment 139 2 With Christians wise or honest men the variances will not be material 3 It is requisite all Courts to have like Officers proceedings and Fees 4 All these to be published in Frint as allowed 5 The Evills if this be not 139 140 6 Judges must be fined if in a set time the case be not determined or dismissed 7 All Processes to be returnable at one time Chap. 24. pag. 140 141. Shewing 1 The reasons why appeals were made customary 140 2 What is truly a legall foundation for an appeal 3 How such appeals are so allowed 4 Punishment in case of Error 5 How false Judgements are to be remedied 6 The evil of Writs of Error and the necessity and how to be allowed 7 Further consideration of Punishment in case of Error 141 Chap. 25. pag. 141 142 143 144 145. Shewing 1 The extent of the Magstrates Power in chief must be to all things necessary to the well Being of the Commonwealth 141 2 What the Magistrate hath to do as to Divine worship considering the case of Uzziah stricken by God c. 3 That in case of doubt to whom the Power is the Civil Magistrates right is clearest 4 The difficulty to setle the Magistrates Power wherein it consists 5 The civil Sword to help the spirituall a gross vanitie 6 What the Magistrates Power is considered as to Blasphemers dolaters and Witches and how the Judicials in these rule us 142 7 Why the Judicials are not our rule 8 Paul a Blasphemer and bids only From such turn away 9 What the Magistrate is to do when he wants a Divine rule 10 The Magistrate may inflict death on prophane wicked ones not on Civil doubting Christians though their doubts may amount to blasphemy as spoken 11 Witches may be put to death as murderers c. 12 Why the Apostolical writings urge not punishments 143 13 The Christian Magistrates and Churches distinct Power setled 14 This not to extend to Heathens blaspheming God 15 A caution to the Magistrate in case of doubt 16 A generall comprehension of the Magistrates Power 17 Some Judicials disused with us fit to be renewed 144 18 A reason why the Magistrate should not press conscience so called 19 The distinct Offices and Powers of Magistrate and Minister further considered 20 Cases are when conscience cannot be pleaded and the reason being that things doubtfull but Civil 21 Evils concerning Church service to be moderately prosecuted 145 22 Some further considerations who is keeper of both the Tables and the reasons Chap. 26. pag. 146 147. Shewing 1 Each mother ought to suckle her child 146 2 Riches enable but the better thereto 3 Through the abuse of comforts better now to nurse by poor people 4 A hint to professors to be moderate in the use of creature-comforts 5 Magistrates duty to take care for Education of youth 6 That it extends to Armes as Arts. 7 The best way propounded with the reasons 8 Rules to be observed by the masters in the ordering of them and that as to habit diet study exercise c. 9 The benefits hereby arising 10 Separate Jurisdiction not to be allowed to any of them 147 11 Books of learning to be appointed by the Magistrate 12 Set times of respit to the Ministers 13 Further benefit
justly and how to be chosen Qualifications necessary in Judges who are to be their Electors Judges Duties and Defaults how to be punished and in them concerning all Officers of Trust IUdges in all their degrees are in the heights of Civil Trusts they are the Pillars indeed of the Commonwealth their general Duties are three First to enact good Laws and just Secondly to see them duly executed Thirdly to alter them according to necessity All these belongs properly and more immediately to the supream Magistrate but secondarily and within limits and according to power all ought to act like the wheels in a Watch the one ought to move the other but the first mover hath the special trust for all move right or wrong as they do Now though the Judges be of several sorts yet all of them in some qualifications hold a Rule of proportion As first they ought really to be fit for the work to which they are entrusted But this intimates plainly that the higher the trust the more exactness is required and the greater strictness upon legal enquiry ought to be used in their both choyce and approbation To settle humane things in a humane way perfectly it is an error to conceive or attempt But to aime at the greatest height of perfection possible is a duty therefore in the first place all in places of eminent trust ought to be of full and fit age first of full age which is commonly reputed not under one and twenty years for though a ripe wit may in the inventive part in quickness of apprehension and vivacity of spirit outgo another yet in the disquisition of parts and setling the most convenient upon a sure judgement to which experience is requisite more years suit best and are most approvable Now as too few years are light neglective and subject to rashness so also too many years are froward heavy and subject to wilfulness Therefore the best rule is for a wise Commonwealth to fix an age before which and after which no one shall be capable no not with a non obstante of such trusts Our Law however practized and especially in the supream trusts holds forth such a Rule he that is not thought meet to rule himself cannot be allowed to govern another and if he cannot rule according to Law how unfit is he to be a promulgator of Law And the best way is to make such choyces absolutely void For the excess of Age sixty is accounted a time to cease Arms and betake to prayers I prescribe not but cannot finde a fitter Nature may often shorten She seldome lengthens that date with that Activity which is requisite in all such places Having done with the age the next Qualification is ability not of the body so much as of the mind The ignorance of the Judge may be the ruine of the innocent therefore it is not sufficient that a man hath been Trained up in the profession nor hath been a Reader no not if he spent one thousand pound in the Kitchin but he ought to be wise among wise men who is to rule fools then so much more if he be to rule wise men also who may offend and prudence may reclaim when power is contemned The next Qualification is he must be free from all possible obligations to injustice in any kind therefore it was unjust in the King to seek such a dependance upon his meer will from the Judges that they might thereby be drawn from the streight path of Justice And it is the same in all other supreams It is truth there is an upright man whom no temptation can mislead but we are to provide against errors vertue needs no curb the just man is a Law to himself Now it is known Dependance is various in its workings according to the nature of the man depending for a timerous nature may servilely do the Princes Will without any regard either to honor or reward but few ingenuous spirits are of that muddy temper the great Misleaders are Pride or Ambition Revenge or Anger Coveteousness or desire of Gain Now there are to be Qualifications requisite in every Judge against these for these misleadings vices or any of them will otherwise turn the publike Ax against the private Enemy there is therefore great care to be taken at all times in all choice of men to places of Trust but especially in times of the shakings of Nations for then the wise man must save the City how unthought of how poor soever Now to prevent these the wisdom of former Ages and Nations have all appointed a set and bountiful allowance for all Judges which stirs up able and active spirits to eminency of vertue which can be never extraordinary in a meer letter Law where each Case particularly must have its examplar All Nations heretofore agreed punishments for Judges and all in the most excellent trusts not onely useful but of necessity some went so far through the fear of Tyranny and Oppression by men of eminent parts that extraordinary abilities were obscured for the complaint admitted no Trial Banishment must ensue after-times tempered this Laconicism finding it was the laying open the State to many Tyrants and Tyrannies to prevent one that the thing it self was the greatest Tyrannie of all This last Age went about by all means to explode any question of Judges nay the Officers of Courts were so friended that there was no seeking Justice against them but of this more after In all Judicial places this is fit That the Judge have his Salary set his publike Fee from the Prince or State now in this one word to this purpose viz. The Judge receiving this Fee from the State this is a publike Fee wherein each Subject hath his portion and the duty of the Judge in it is equally to care for the interest of both Prince and People or Subject for the end and respect of Justice is not personal but universal for the qualification of not Covetous it is of necessity in a Iudge therefore as before he is to have a due Salary so he is not to take ought above his Salary at least as a Fee There is much scandal at this day in Christian Commonwealths concerning Bribery In Turky it were no wonder though till corruption through prosperity ushered in the way it was a wonder and a strange one among them but that with them assures their fall near for this is like a deadly sore which if in the Judges infects the heart at least the prime vital parts of the Commonwealth and then sure death must follow Thefore it is requisite to have this wound searched to the bottome Some for this case have been so strict that they would not admir a Judge to hold familiarity with a father or a brother Some not to take a meale nor any gift though never so small others have particularly set down what they may take and that may do well if they peremptorily conclude that all not expressed is included in the
riches and honor were but subservient to Natures ends but this strictness now accounted though the Magistrate might exact it where it could be or punish its neglect Yet assuredly to inforce it in this our Age were to debilitate and enervate the Nation for our rich people are generally so luxurious that if the weakness of the decaied stifled generative vertue choaked with excess were not opened again to operate more acutely through another kind of nutriment in the poor Nurse they would all prove Changlings to old English Valour though in such a soul the splendors of Christianity may be as excellent as in the strongest fairest and healthiest constitution This I hint onely to intimate at least to Professors what a duty is upon them to repress these excesses which are so ruinous to Nature and ought to be punished Natural men have out-gone most Modern Christians in these vertues My aim is at the manner not so much of educating babes or so called children as youth that is from seven years to eighteeen at least if not one and twenty or better five and twenty Now to this end I suppose that it is the duty of the Magistrate to Erect and Authorize at least in the head-Town of every County Schools of Vertue that is fitted with Masters to teach and instruct the youth according to their Ages and Capacities in Arts and Arms I mean by Arts Trades of all sorts and learning of all sorts atcording to Rule This provided that it is not intended that all children should contiue meerly learners till five and twenty and it is supposed that the present values rents and profits of and belonging to Inns of Court and Chancery Universities and Schools will serve for this work however so far that the defect may easily be supplied But that they should not be accounted men till that age nor to manage their own affairs much less of the Commonwealth but be under Guardianship And by Arms I mean all the exercises of the body whereby strength and agility shall be increased courage raised and yet being under a Tutor obedience nourished and Prudence established for these Academies or Schools it is requisite to have their Rules grave and strict but not ridiculous not such as flat Caps after so long disused nor Cappings of so called Fellows as was in Colledges though the rain pour down but to order such due respect as breeds an aw with love wherein there must be necessary severity not rigid peevish Tyranny the aw must express it self in a due silence as well as active diligence for the expence of spirits is great in clamorous nay talkative youth and sure would quick and ripe wits not vent so fast their store would last longer this makes many pregnant young men to be old dotards Let these have discreet Visitors or Superintendents who once every moneth shall come and view the progresses of the several years and a penalty set and that seriously this due training of youth will enable them to rule in season the want of knowing due obedience in Education renders most men unfit to govern by this means the natural abilities of all men will be tried and the vertuous eyed as fit for high imployments the care of Parents will be quieted while their children are so nigh as once in a week they may easily hear of their health and sickness and the nighness to the Parents will aw the child from such extravagancies as youth is subject to at all times but most when they are far from them whom Nature teaches to fear by degrees The habits of these Students I inforce not that they be all alike but that none be trimmed with Velvet Lace Points Ribonds or such fooleries none to wear long Hair Rings Scarfes Fringes Roses Weapon or Boots and that due and civil respects be observed among themselves according to their degrees but no fancies of Custom to be allowed as Salting Mustarding or any such lightnesses nor any trials of Wit or Strength but in the presence of a Master Thus shall both poor and rich be fitted to the service of the Commonwealth idleness will be banished and ignorance despised for all that were capable should to these Schools for a time till dismissed to Trades for necessary living by the Visitors or Superintendents for prayers among them early and late it is necessary but let the hours be apportioned for Study and Exercise and let each day be Catachistical to the knowledge of Christian Doctrine as Moral or Civil conversation But you must admit no Colledge-School or Academy to have any Priviledges of separate Jurisdiction as now or formerly they are but the inciters to Debauchery and Riot with great emulation and disturbance of the Peace The Magistrate must command Let no door be free from the knock of the Consuls Ax it will make some heady one or other at some time or other to lay the foundations of chusing Tribunes of the people Let onely their obedience to the Law be their priviledge and security onely let the Tutors be free from personal service in War or other service in Peace but for payments let them be charged upon him according to his Rate Let the books of Learning be publikely appointed by the Magistrate not at the Tutors will let not all be inforced to Latin but each to Read and Write in some measure Let times of rising be set down and also going to bed and some certain times wherein the children may recreate but by parcels not all at once which now is case of great confusion rudeness and disturbance Let the Masters interchangeably have times of respit for extraordinary occasions This will speedily give a large increase for knowledge which will make that your Magistrates in all places may be men of knowledge which will embellish the Commonwealth whereas now most Cities Towns yea I may say Counties are despised in Government for default of prudent knowing men A long Robe-man or two guide all and in this Age of interest and these mens interests so visible as aforesaid all is let run to confusion And by this will also the several Congregations be fitted with able knowing Pastors and Teachers yea honest vertuous emulation in ingenuous spirits will render almost every Member a Doctor This is seemingly a matter of great charge therefore before I proceed I will see how charges are to be born raised c. And the relief of Commonwealths in excessive burthens of people How all the Charges of the Commonwealth Fees and Fines c. are to be Assessed and raised and by what Rule And the wayes to ease Nations when grown over-numerous I Know that many will say this is good in Speculation but the Practise is difficult yea some will say impossible for you cannot get all men of one mind to it others that it is against Priviledge to inforce children from the Parents Tuition who being Guardians by Nature the Law will not may not admit any Rule to bar his Right Others
ought be paid out by the Guardian but necessary expences according to the proportion of the Estate at a fixed rate not above Let the Guardian be appointed by a sworn and also answerable Magistrate for the value And the discharge of that Guardian or any Guardian by Nature or Nurture as to any estate accruing to the Infant under age so they be visibly responsal at the time ought to be as good as any mans of full estate and as to them that are visibly unable or evidently debaucht indebted c. then the person or persons that are to pay ought to pay it to the publick Treasure of the City or County which ought to that purpose be setled to be paid at full age to the infant and in the mean time 5. l. per cent and no more or four as the chief Magistrate shall see reason to enact And for successions in inheritances to real Estate let it be in case of the death of any brother c. as the Magistrate shall agree whether all to the next of the whole blood or the son of the second wife to succeed before the daughters of the whole blood Or in case of division a double portion to the Eldest and the rest equally divided the division to be made by three persons one chosen by the Eldest a second by the rest they two to chuse a third man and for personal estates all to be equally divided and the division as to value to be setled who ever be intrusted to the ordering of the matter before ought done besides burial of the dead onely decently and paying of debts Whether it be requisite to have Cities Town Corporate c. And they to have Priviledges and Laws And whether all ought to have like Priviledges and the best way of trial of Laws or probation of Laws and by-Laws AFter the youth be grown to Age they are to become sharers in Trusts and Duties and Offices of the Commonwealth some in the Countries some in the Cities for the evils of Depredations Thefts Roberies c. did at first necessarily cause men to gather into Societies and Companies and the same end of safety in time of War to have strong places to retire to is still and the same necessity did inforce Laws diverse from the other places of the Country here were Taxes for repairing of Walls Bridges Defences Watchings Wardings Pavings cleansing of Streets Common-Sewers and the like which were certain hence the taking people infected with the Plague c. from their own dwellings and removing them into places specially appointed according to their quality hence men are liable to Laws of conveniencie temporary or ought to be and that for peace sake which saves life absolutely healths sake and trades sake which are but comforts of and for well-living but most assuredly Cities being necessary and Towns It is necessary and of necessity to maintain and allow a necessary distinct Law within the Precincts not as Franchises against Law but of diverse Laws according to the necessity of the place and the trades there driven Now the Laws of Cities c. though they must in the regards aforesaid be diverse yet in respect of their proper nature as bodies corporate they ought all prefixedly and positively to have those Laws set and known and a due enforcing power in a speedy way for the standing out of a man in a tedious suit cools all obedience as Experience manifests clearly Therefore draw and settle the Government of these places by a head Law the Charter-Grant is but the foundation of Bribery and Extortion Nurcery of Prerogative and Arbitrary Liberty and fit to be avoided Experience hath so evidenced the Truth that I cease to contend and onely assert This head Law must distinguish Inn-land and Sea-Towns and Cities for the other Laws respectively they are communicable generally one to another onely the particular Regulation of Trades which must have special power well setled to regulate the exorbitances of the Artificers particularlys And to that end they must both Cities Towns and Companies have power to make By-Laws which are to be approved Now to that one word to the probation of Laws and By-Laws which being respectively for the Nation Cities Towns and Companies of publike concernment and what are of particular use may have a general influence Therefore it is requisite after a defect Seen to propound the defect and remedie which the then chief in Trusts respectively for City Town or Company think fit to the City Town or Company That being done the same to be promulged for a Law if allowed but not so to be received for a short set time during which any Citizen Towns-man or Artificer is to bring his Reasons in Writing against that Law and propounding a better or offering expedients to remedy visible evils and only leave their Reasons Then is the Supream Officer to cause them to be searched read and debated if great difficulty arise to take the opinion of the Judges in Circuit appointed who are to determine the difficulty or the Law as appointed by the Magistrate to stand if they find difficulty then to state the Case and present it to the Representative of the Nation who are to discuss and allow the same alway es provided that for Regulation sake from one moneth after need seen of a Law and promulged by hanging up openly in several the eminent parts or places of the City Town that Law to stand though not so good till another Law be established by them or the Supream Magistrate for better an evil Law then none at all No Law after once established to be questioned by particular men which enervates not onely the particular Law or Priviledge but tends to confusion and as no City nor Town so no company ought to be without due Regulation nor any person but in and of some Company Decree or Order setled and known Whether and how Customs are to be admitted as Law CUstom hath necessarily been accounted part of our Law and that rightly as to the Rule namely That no Custom is good unless the same be reasonable yet this admitting of Custom among Christians is of the prophane Apostate Church and Commonwealth for by this Rule the whole Family Township City County Nation may as we have done live all dayes of our life under evil wicked and pernitious Customs Therefore the Magistrate ought to admit nothing to be pleaded as a Custom untill allowed by certain Judges who allowing or disallowing the Custom as reasonable that is justly to be used by not onely men but Christians the same is equal to and is indeed the Law temporary or setled for a certain limit or more generally or universal as the nature of the thing is this will avoid the ingendring of all sorts of corrupt envious and self-seeking Customs and cool our greedy devillish upholding of them by manifest and open perjuries and the like Then that all particular Customs of particular places be inrowled under
these being originally Regal and absolute held one course to engage as our William so called the Conqueror did the great men to an absolute dependance upon him and by them to vassalize the residue I know many godly honest people see no such thing I believe it God gives gifts variously but most certain it is such dependancies are the Nurses of Feuds and Jealousies If therefore you will setle the Militia aright you must suppose your Nation or Jurisdiction at terms of Unity among themselves under no great and eminent civil broyl for then none on the adverse party to them in power or justly suspected that is openly opposing by purse or person can be for a time entrusted but otherwise the power muff be in the dependance in the Supream Magistrate and their active power by his general Law That is That all within their Limit from twenty six or twenty eight c. to sixty seventy or c. be chargeable to the War that is to say They that have not estate to such a value to be in inferior services as Pyoners c. And of this let the inferior Magistrate take the ordering care Next All that are of such an estate to be charged Foot-Arms All of such an estate Horse-Arms that is Dragoons and Light-horse as the estate is Now as to this and to all Rates it must be known that there will be multitudes of Quaeries arising some have great estates fit in proportion to find ten twenty thirty forty fifty a hundred Horse some in respect of great and vast real others vast personal estates some have their lands lie altogether some dispersed some live in their own some in Cities some have great charges of children poor friends and decayed some in debt and some have granted out Annuities Rents c. and have outwardly a fair visible estate bur indeed and really small Now in all these there ought to be a Rule of proportion with safety to the whole for first it must be agreed that the Commonwealth consists of real and personal estate the real estate House and Lands the personal estate Goods and Money Now this is certain that all Land must have stock all Trades must have stock it is visible therefore the rule of Charges of all sorts must be the Land and the Stock and that whether in City or Country Now for discharge of this it must of necessity be either theirs whose visibly it appears to be or others For Lands in which there is so much more then Turkish Knavery if it were inrowled wisely and justly it would prevent much but due punishment would take it all away while impunity breeds offences that controversie that gain to the Officer and therefore is mercy c. cried up so This Land and this Stock is the subsistence of the Nation I know Corruption fears discovery of estate for either they are rich and would conceal it or poor and fear undoing Now to nourish either of these corrupt interests is destructive the last is most to be eyed but least to be regarded for though some good come of it yet it is the most dangerous for from hence comes all the stock of Bankquerupts and the sudden undoings of many esteemed rich men and indeed it is most unchristian and utterly unlawful for a man knowing himself poor to borrow or buy at a day for what he visibly and certainly sees not he can pay though such may have thriven Thefore allow no discharge either for rates of Assessment of Moneys or Arms contrary to the visible estate but with certain knowledge of the owner onely this is fit that for Assessments for the visible personal estate abatement be per rate as for land by the hirer all the Objections are answered before as to personal estate and for real let it be charged as it lies in the Counties I say not in the Towns it is best leave that at the discretion of the Commissioners or Judges for Arms unless a general settlement by a standing National Law be only let such rents c. as are going out bear a proportionate charge of horse or foot respectively as the said Judges shall under Hand and Seal appoint and Record in their Muster-Book For to say it once for all all these Jurisdictions ought to be setled and to be the Records of the County Now I presume you will not find a better way for the present settlement then the owner to be at the charge of the Horse and Arms the Tenant to find the keeping of it labouring him reasonably so as alwayes to be ready for service and if he dyes not by negligence but sickness or in Military service the owner to find another otherwise the Tenant and the Training service by the Tenant also for all service more then for meer Trayning service ought to be the expence and publick charge of the County at least if not National which is more just then one County shall not bear all the burthen of war and charge also as is too frequent and for price of horse lest the owner and Tenant differ let a set price be so much for a Dragoon so much a horse of service and this price to be set yearly at such a day But finding in divers places where the lands lie will ease some part of the just doubt of the great mens over-powring the County by purse and power but nothing will avoid it wholly except it be enacted that no one man find above 6 8 10 c. horses or Arms and that for every one that he is in proportion of estate chargeable above that number let him pay so much yearly as shall be setled to the publick purse or for the ease of some particular service but better all to come to the publick purse either of the County or of the Nation Next all Arms are to be owned the Nations or Publicks yet to be in the hands of the particular persons charged unless dispriviledged Next these Arms must be imployed in War by fit men and even to Christians it may be so requisite if it be not simply unlawful to administer a Military Oath of obedience to the Officer according to the Tenor of the Commission of the Officer or General of faithfulness in his trust for though just men and vertuous are true for honesty sake yet the evil will not but the fear and conscience of an oath will reach far with the worst of men And so to the Souldier respectively Let this and the reason of the disuse be well Quaeried Some presume the best way of settlement is to charge so many Arms only upon the Township whether horse or foot or labourers in the wayes or carriages and all to bear their equal proportion now this generally may be good but the particular rule wil vary every moment either or any of the wayes may do so the Commissioners as they are Judges do justly for all Laws as Governments are not so much good or bad by Institution as
Law and its reason and that justly and this not observed is unchristian so to imprison for meer use the principal received much more all lost and that not by neglect folly or exorbitancy for all these differ the Case in the Court of Christian Conscience but for rich men to detain use is unjust or if able to pay for to plead it while cloathed as Princes might be is a shame to the Governours God hath not bound us Christians to Laws of meats particular Judicials wherein the command was onely to try obedience therefore regulated it is without question as lawful as letting of Lands much more lawful then buying for three pence in the season of the year and for half a years benefit of laying out of the money to get twelve-pence fourteen-pence which is ten fold nay one hundred-fold worse usury then twenty per cent yet this is usual and never stumbled at but to double is counted lawful necessary gain how ever if the Law allows not let it not wink I now come upon the rule of like reason to Quaere Whether tortures be lawful among Christians and whether against Priviledge WEE have before agreed what Priviledge is and wherein it consists and that publike good is to be preferred above private Now we come to particular questions concerning it and that is whether it be against Priviledge but being that the resolving of the other part of the question will in the greatest part if not wholly assoyl that I first examine whether Christianity allows it I might first have determined whether Nature allows it for if Nature seeks Self-preservation it allows it not then surely it is unnatural to force to overthrow Self it is agreed many detestable Murders Rapes Adulteries Treasons c. to the preservation of States and glory of God in just punishing of offenders have hence arisen but this may be Gods mercy to bring good out of evil Our Rule is Let 's not do evil that good may come of it Now this hath also been manifested that much evil have come of it not onely many Innocents have suffered in it but by cruelty have been falsely accused by such parties easie natures being drawn and in the torment have spoken any thing so that it is no certain Rule and if no certain Rule and a severe punishment and that of one not convicted it is not onely unchristian but irrational the vain Christian I know is ready enough to seek assurance against fears by such extremities but it is better to trust Providence best so to live as not to fear to die I shall not enlarge in this which is so plain but haste and consider Whether all publike Offices and Charges be to be born by the publike Purse and what is the publike revenue IT was never denied in any State or Nation For the labourer is worthy of his hire The Laws of this Nation allow it yet onely to a competency for the necessary charges of the place not the charge which Pride Vanity and Custom hath introduced or may Now assuredly this ought to be setled in certain or rather to be so setled as may be reduced to a certainty from the Judge Supream to the Constable and Scavenger whose place is now disused to the great disrepute of the Nation and offence of Natives as well as Strangers and the Laws take no notice of them onely Customs of Cities c. which Customs how good so ever are made so difficult in pleading from Form and so chargeable if granted by Charters that the Government is wholly lost and disused they ought to have power to imploy men to cleanse all places of filth carry away dunghils c. and punish offenders and they to be paid out of the publike Revenue Now the publike Purse and Revenue is all mens lands and goods equally rated deny this and all men will make places of Trust serviceable to their ends Nature is above Reason above formal educative professing Religion and misleads Saints oft-times I cease further inlarging this having in other part setled the Reason of it before How mad men Ideots c. are to be provided for IT ought not to be in the power of every man to make or adjudge Ideots Lunaticks c. Therefore it is fit in every County some Court be appointed as to appoint Guardians and Tutors to children so to determine who are mad and who fools and to order the management of their estates and places to be specially provided for them with a settled Physition and if the party be able his estate must as the Magistrate appoints bear the charge otherwise the publike and this Court to order all Bridewells and Prisons and Commissioners to that end authorized specially with setled power to determine the same and all matters thereupon arising and to Record it all yet to have superintendent Judges Visitors as aforesaid Whether the Tenures of the Nation can stand with the freedom of the Nation PUblike and Universal consent took away not onely the Tenure in Capite which was originally the great mans dependence upon the King and after great and small being become every ones purchase while annexed to Lands which was incongruous but also Knights Service because of the dependence of mean persons upon Lords by Sword-Service and the rather for the incidents now become so insufferable of Wardship Marriage and Relief and the prime reason effecting it next to the power which struck the first stroak or nothing had been done was the original ground of the Institution of the Tenure ceased I need say no more for Coppyholds a wise uninterested man will speedily conclude the reason of the institution of the Tenure is gone Truly you Lords of Mannors you it concerns I pray consider upon what grounds you hold Courts swear men Fine at pleasure seize goods or destrain a cunning Lawyer might find you all in the forfeiture of all your Mannors How many Mannors have sprung up since Prohibition but this is but by the By the State may look to such Chequer Rents and forfeits in time but to the thing it self These dependences are visibly destructive to the peace quiet and purity of Government in the Nation next the forfeitures are unjust being constantly for no cause reasonable again the prosecution or finding it is also unjust being by the so called Homage the Lords men this abuse is evident Some Lords setting themselves in Court and threatning the Homage if but questioning the reasons of the matter in question and make them find what they please yet sworn Lastly incertain Fines are wholly unjust and above all the dependences of Free men for now Coppyholds is also become each mans purchase yea Free mens this is clear against the original Constitution and the reason ceasing the Law ought to cease but if the interests of Lords prevail for the present that there be no totall abolition of the name and remembrance of that Tenure no more then of Capite and Knights Service which is
by loss of their beasts the ground spoiled and not half improved And lastly no due extant visible rule set which ought to be in all Counties anew and Rules for dreyning and improvement beyond what the Commission of Sewers can reach To avoid this it is necessary as in other matters to empower some Gent. to consider the Commons give them only their charges necessary at a set rate let them have power if you can pitch upon trusty persons to settle Commons if you will continue them otherwise to part them proportionably and improve them by severalties leaving a set part to the poor only to be improved for them according to order of the Commissioners by the overseers for the poor and the order recorded in the County-Book for that purpose and also in the Town or Towns if there be entercommuning this is the best way of the two as by experience meeting with more evils and remedying them then the other way is capable of in a present settlement and is assuredly far more durable Let free Warrens and Fold-courses be considered but not at the height and setled where they please in severalty this if wisely and prudently ordered will afford not only a great and most considerable improvement but will afford a mean of setling the Nation and may now be done without danger of Insurrections or Tumults And let but the setling of Tenures be carried on rationally plainly and prudently with it and the Generalty of the Nation will assuredly see the clear benefit of change of Government Provided they may have Justice that they may abide by that is know assuredly when to end as to begin and at what expence Who ought to have the oversight of Bridges Rivers c. NOw as all matters of right and wrong are under the cognizance of the Supream Magistrate who as he cannot by himself dispatch all businesses belonging to the Land but by many hands so much less all both at water and land and all the evils accruing and arising in from and by both Therefore it is fit to have a Magistrate specially deputed for cognizance of all such matters which now lay in the cognizance either of the Admiralty or Commission of Sewers or Iustices of the Peace respectively or for which any Commission is issuable upon any Statute with such rules as are necessary both for amending judging and determining matters yearly emerging and also such as are meerly accidentall and that in the respective Counties yet in such a way as the errors in the adjacent parts of Counties may be tryed without infringement of Liberties which is best by a mediety of Jurors impanelled yearly one year by the appointment of the Judges of one County the other year by those of the other County and so by course constant in those places we seeing the excessive charge and trouble of purchasing Commissions for let a Statute appoint five shillings only as in case of the Commission of Sewers you can have none under five pounds and ten or twenty pounds attendance to procure it Who are to be admitted witnesses in Judicial Tryalls IF Jurors be to have knowledge and estate and that in such manner as may answer the Trust then surely in some measure witnesses upon whose evidence the Jury is sworn to lay the foundation of their judgement so called Verdict ought to be men fit to be beleeved The Law principally looks first at infamy especially perjury but this being legal perjury the punishment was so penal and the Law so difficult that few were complained of fewer attainted Now this is sure moderate punishments severely executed curb more then severe punishments remisly or not at all The Law in the next place lookt at Excommunication for relations they are not valued in Law as to witnesses Assuredly he ought who is a legal witness to be of sufficient understanding next not convicted of notorious crime for justly what is the cause of rendring a man uncapable of the benefit of the Law or rejection of Church-Society ought to be admitted if proved a good plea against the witness yet let such a man speak but not upon oath for he that obeyes not man for Gods sake nor God for his own is not be allowed to call God to witness for in his acts he denyes him though with his mouth he owns him If it be askt Why heard Then I answer he may speak truth but is unworthy that sacred Testimony Therefore the Magistrate must from his words and probabilities and circumstances and so the Jury gather the truth of the matter but where the man is capable of oath let him be sworn whether 'twixt the State and Subject or Subject and Subject for right is the same There is also necessity to hear the wickedest mans Testimony though not swear him because we cannot alwayes chuse witnesses therefore estate is not requisite nor can be stood upon in witnesses as in Jury-men who are to be chosen For point of favor I find in this Age it is of great importance for such relations in Nature are generally preferred to though unworthily relations either of Countrey or City earth or heaven few men leave all for Christ Truth or Justice sake Therefore I would admit the notice of alliance but not the objection and hardly carry it upon such a single Testimony When Laws have their beginning and how to be promulged ASsuredly there ought to be a day certain before which in the several Cities Towns Hundreds c. respectively there ought to be an Assembly of the people those at least who are or may be or immediately are concerned in that Law and there by some one or more of the Justices of the limit or some other thereto appointed the whole nature of the Law and the reason of it ought to be opened and the people exhorted to obedience themselves and also to see that their Neighbours do the like which is of necessity But the inability of Iustices and difficulty of Laws have rendred the people wholly doubtful and stupid or petulant and stubborn And before such promulgation no punishment but of the Iustice for not promulgating or Certificate of the default of the representative for not transmitting the Law the same to be setled and published accordingly The lew knew all Moses Law the Christians Lords know not their Law they are all enshrined in the breast of the Iudge but enough of that The Magistrates duty to repress excess in Apparel THe mind of man is apt to take impressions of sundry Natures and education may assuredly rectifie Nature much of this rests in Apparel for vain light Apparel makes the spirit lofty not solid and changes of habit adapt to mutability of fancy a light flashing wit in stead of a composed judgement Proud humerous self-conceited and stubborn in stead of a reserved prudent debating or submission If the interest of setting many poor on work and supposition of enabling to pay Taxes can over-ballance the interest of the just and
Transubstantiation not Consubstantiation for they agreed the whole Law was as it is devolved into Form and Practise the pure streams of Justice were as they fell from the fountain of Divine and Moral Reason drawn by Art into private Cisterns of Profit and Honour But they durst not undertake the VVork I desired then considering my many occasions That they would but impart something to me to help me in my so great attempt I talked with some Attorneys to the same purpose and from two men I received two Papers shewing the abuse of dammage clear and suing out the Cap. utlagats the most ordinary matters I then addressed my self to some men eminent in Honor and places of Trust discovered my minde we argued I saw they were convinced of the truth of the thing and were resolved were the Law altered they should submit yea even to what I then and here propounded But they would have no hand in it they had no time they had spent their Studies in the present Law and to change was a new work Some advised me to leave off these thoughts and fall to Practise they would warrant me I should get as much as any of them After long delayes consulting my own strength and seeing Judges Serjeants Councellors Attorneys Solicitors and All confessed Alteration necessary delayes evident Justice incertain Equity more ruining then undoing Common Law I did partly out of the sence of the unjustness and wickedness of the Law but principally that I might be out of the lash of a credit Ruining frown leave all Practise whatsoever as I had formerly left the most and did consult which way to take to open in the most Christian way the Evils of the Apostate State and Commonwealth and how to offer an expedient sutable to the condition of the people wedded to Laws and Customs called their own This is that which the Lord put me upon I have avoided to my utmost all bitterness and just occasion of offence to any either Powers or persons And to any man shall require a further account of the hope that is in me concerning matter of Conscience or of the matter of Law and the Reasons herein offered so it be with Christian meekness and zeal for the Truth according to my knowledge I shall freely discover my self and yield I hope a satisfactory answer For I assert there is nothing here laid down in any kind as to the civil Regiment not warranted by the present so called Law-books of England I restrain not my self to the so called Year-Books For the scantness of my time I could have wished more and more abilities and that both natural and experimental but you must take it as it is onely an Essay for a Settlement of a Christian Commonwealth I leave the Work to such as Providence shall cull out of the many present Worthies of Englands Labourers Me thinks England labours like a woman in sore pangs of Travel crying out to be delivered I pray God none of the Midwives Juno like set cross-legg'd in the Temple of honor profit power or the like O that every one could banish all interests and all Relatious for Christs sake I know abundance that will allow this project of Resolving this Nation into County Jurisdictions their spirits will be immediatly fancying places to themselves friends kindred c. for the moddle holds forth a due satisfaction even to carnal Interests The opposition will arise from the great interest of the City of London and the Supream Judicatures but it is clear their interest may thus be continued to a just proportion Now they ruine Government within themselves and destroy the whole Nation besides let them live but let not England perish for the Lords sake you that are our Physitians remember your promises when you undertook the Cure Then you stroaked the wound gently you asked nothing till the cure were perfected but our wound is open still more wayes to discourage the poor impoverished subject then ever Take but the many fruitless Acts for poor prisoners into consideration and the forceing an Affidavit of the Engagement notwithstanding a Certificate of the Commissioners can we not easily determine the Reason it cannot be zeal for Justice but the Clerks Fee upon the Oath our hearts are hot in pursuit after the world while our lips breath forth expressions of the new birth Assuredly Englands Allarms to War will not cease till the sins cease You that are in Authority like valiant Chieftains must not onely speak couragiously but Act rigorously you and your just Acts and Ordinances are slighted and contemned First by your selves our Trustees they are not duly transmitted to the Counties then by our selves your Trustees they or some of them deal with them as they list each one interprets as his interest leads Let these things be represented to you and what is done nothing Nay come up to London waite and attend till you be weary the justness of your Cause gives not the quicker dispatch yea I have heard that some spoken to to hasten matters agreed on have been told their haste should cause their tarriance or words to that effect These are sad Symptoms to such Melancholy spirits as mine of renewed Judgements I shall say no more But leaving the whole Work to the Lord address my self to seek his face and pray unto THe Lord our God the God of Abraham Isaac and Jacob and of all the faithful the Almighty Jehovah the Father of our Lord Iesus and in him both of Jew and Gentile That he will please to open the eyes of all called Christians and give them hearts to understand his wayes that they may see and perceive the evil of their doings that the precisest professors may see that from their evil walkings the Enemy takes advantage and causes many Professors to fall off vainely thinking all are wholly hypocritical because of some mens failings Let those O Lord who have some beginnings of resenting their duty to seek thy face not give any occasion to thy Enemies the profane-hearted yet among thy people to transgress with more boldness because of their Liberties Yea give the loose Professors to consider that their evident unchristian walkings cause the open Enemies of our blessed Saviour to blaspheme even Jew and Gentile for what people walk so contrary to their profession as the so called Christian Father I pray discover to them that claim to be called thy Clergy as at least indeed set apart for more excellent and eminent services in Word and Doctrine that their lives must be the best Interpreter of their words their conversations of their Exhortations and Perswasions To Preach Love and live in Enmity to Preach Obedience and be Refractory if not Rebellious is not Christs way O let them all see even from the highest to the lowest that its Error evident hath caused Truth to be distrusted and their words contemned Righteousness and Truth carry a Majesty which Satan fears Convince them therefore that as they have