FOURTH MONARCHY Improved with use to the PARLIAMENT and the PEOPLE THe consideration of the Fifth Monarchy now entering is very pregnant to our purpose For all the Laws and Ordinances Civill and Ecclesiastick of the Fourth Monarchy must tumble at the entrance of the fifth That there is such a Kingdom to come is obvious to all intelligent men by abundance of Scriptures as Dan. 2. 35 36 37. and 7. 17 23. 25. Rev. 11. 15. Isa. 9 6 7. Psal. 2. 5 6. Psal. 72. 8 9 11. Luk. 1. 32. 39. Rev. 17. 14. and 16. 11. 19. Jer. 15. 25 26. cum multis aliis and it is for this fifth Monarchy which must remaine for ever Isa. 9. 7. Dan. 2. 44. Luk. 1. 33. Psa. 72. 8. and 47. 2. Mic. 4. 7. Zach. 9. 10 c that all other Kings and Kingdoms Powers and Policies Laws and Lawyers in the fourth Monarchy must be shaken and broken into fitters and shivers like potsheards That there is such a mighty Monarchy a coming which must be universall all over the World is without doubt but to our matter we must examine First When it enters Secondly How it enters Thirdly Why it enters to the ruin of the other First As to the Time though men be of divers minds as to the precise time yet all concur in the nighnesse and swiftnesse of its coming upon us The graduall entrance of it as to us being just by although the universall discovery of it all over the world is like to be about forty years hence as appears in Chap. 3. of my Tabernacle for the Sun or Idea of Church Discipline But to clear the time as to us see Dan. 7. 17 22 23 26 c. The Prophet tels us there expresly of the foure Monarchies now the fourth Kingdome as he cals it ver 23. or earthly Monarchy he distinguishes from the three foregoing for its tyranny and extent ver 7. agreeing with Rev. 13. 2. c. and tels us that it had ten horns that is ten Kings Rev. 17. 12. which are enumerated by Mr. Cam in his voice from the Temple p. 12. but after this that Daniel had seen the ten hornes in the head of this fourth Beast or Monarchy ver 8. hee looked well and then saw what see v. 8. and behold there came up among them another little Horne before whom there were three of the first hornes pluckt up by the roots Pray note it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I considered saies he with great attention and serious intention i. e. to something very observable in this Vision and that is to the rise of this little horne that ravenously got up in the room of three hornes Some there be that interpret this of the Pope others of the Turke others of Julius Caesar so Calvin others of Antichrist So my friend Mr. Canne others to Antiochus Epiphanes so Polanus But I must differ from them all for that the Prophecy agrees with none of them all fully but though I may seem singular yet with much assurance and clear sight I assert it that William the Conqueror was this little horn and so all along the Line of William and the Norman Kings on our English Throne And that for these Reasons 1. This Little horne was unseen and none a while even after the ten horns were seen for he arose after them all and was at his first rising seen besides them and another vers 8. 20. which the Prophet makes observeable seeing hee saw him not before at his first rise he was the least and the last this was K. William the Norman who arose by usurpation over the other horns on the head and so his Line therefore 2. He rose up or thrust in among the rest i. e. as Will the Conqueror did by force and armes not by choyse and election not naturally with the rest of the horns by the suffrage of the people 3 He was as is in Dan. 11. 21. a vile person or base borne as we have it in p. 37. of the English Chronicles Robert Duke of Normandy the sixt in descent from Rollo riding through Fallis a Town in Normandy he spied certain Damsels dancing near the way among whom he fixed his eye upon one Arlote a fair Maid but of mean Parentage a Skinners Daughter whom he procured that night to be brought unto him of whom he begat a Son who afterward was named William c. So that this Will the Conqueror was the base Son of Robert the sixt Duke of that Dutchy This is the vile person who rose up so by usurpation of power whence all the Norman Kings that sat since upon the English Throne came 4 After the League made with him he shall work deceitfully c. Chap. 11. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or with fraudes and arts did not Will. the Conqueror thus See but the third Chapter how oft he broke his Oaths and Promises and contrary to all set up the Norman Interest and pulled down the peoples with the losse of all their Laws and Liberties to this day 5 This Little horne was to wax great and famous in time and to subdue three Kingdomes and get up the roome of three Hornes or Kings ver 8. 20. 24. as one more stout then all his other fellowes This was fulfilled by William the Conquerour and that Norman race in England and by none else this Line of William by degrees got up all the roome of three Kings in England Ireland and Scotland and took up those three hornes himselfe who was so little at first as a poor Skinners Girles Bastard In whom could this be fulfilled else not in Pope nor Turke nor Antichrist nor Caesar nor Antiochus but only in this English Horne usurping the place of the other three and plucking them up by the roots 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6 This little Horne shall speake great words against God ver 25. and as Chap. 11. shall doe according to his owne will ver 36. and exalt himselfe and magnifie himselfe above God and prosper untill the indignation be accomplished After Will. the Conqueror and his Race had made themselves great and gotten up all the Brittains wealth and riches their fattest fields and Meddows c. as Chap. 11. Ver. 24. he grew great in pride and Tyranny and Arbitrary power according to the lust of his heart as the Hebrew hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and this got up into such a height at last in the late Charles that he not only opposed God but refused to be accountable pretending no Mortals must question him and thus he magnified himselfe usque ad consummationem irae till his head was off which indignation was to begin with him first for his height of Arbitrary Will Lust and Tyranny in which as Chap. 7. 20. he was more stout then all his fellowes wherefore this horn must needs be the English by Will. the Conqueror 7 This little horne
Lawyers having proved my warrant by the Law of Nature of Nations and of God Which Law of God is of all the necessary seeing that mens judgement especially in particular contingencies may be divided and produce divided and different effects till the divine law directs them for Psal. 19. 7. The law of the Lord is perfect the testimony of the Lord is sure the statutes of the Lord are right rejoycing the heart c. From whence ere long all other Laws among men must fetch breath And then as the Psalmist says Psal. 147. 19 20. He sheweth his word to Jacob his statutes and judgements to Israel and he hath not dealt so with any other Nations as for his judgements they have not known them This will I trust be fulfilled in a short time as soon as ever the Lawyers once tumble In the mean time says the Lord Isa. 3. 20. Wo be to them that put bitter for sweet and sweet for bitter Vers. 23. Wo be to them that justifie the wicked for reward and take away the righteousnesse or righteous cause of the righteous from him c. And Isa. 1. 21. O! How is the faithful City become an Harlot c. Companions of Theeves Vers 23. Every one loveth gifts and follows after rewards they judge not for the fatherless norwidow c. Therefore saith the Lord Ah! I will ease me of my adversaries and will restore thy Judges as at first how that is we shall hear hereafter But wo be to these wicked ones The two Plagues of this Nation rose up both from the bottomless smoke and are the Priests and Lawyers both alike they keep up a corrupt carnal Antichristian interest the Priests would fill the cup of the Whore for the Nation to drink of and the Lawyers would cloath her with scarlet but wo be to us if either be suffered to trade for because thou hast let go them that I have appointed to utter destruction therefore thy life shall go for theirs and thy people for theirs 1 Kings 20. 42. They must fall together seeing ever since Edward the third his time in England they were advanced together i. e. as to their height in interest The Lawyers who are Tyrants and Oppressors of the Civil state may as well be compared to the locusts mentioned Rev. 8. 3 c. as the Priests the Tyrants and Oppressors of the Ecclesiastical state For 1. Out of the smoke which darkned the Air as well as the Sun Earth as well as Heaven and so out of that Antichristian darkness which arose upon the State civil as well as Ecclesiastick came these locusts Vers. 2 3. upon the Earth and Lawyers into this Kingdom as we shall shew afterward Vide Malmsbury in William the second his time they proceeded from the Romish Clergy 2. Locusts are unclean Creatures many times translated Grashoppers and the Midianites and Amalekites that came against Israel in Gideons days Judg. 7. 12. were said to be like Grashoppers which says Cooper signifies Bodily oppressors Egyptian plagues as Exod. 10. 13 14. Grievous Such are the Lawyers all over the Nations and they never are in such multitudes but they are most grievous plagues as can befal a Nation we had need to seek in hast to our Moses's and Aarons by whose means I am perswaded they will be swept away of a sudden into the Red Sea 3. Locusts have their strength in their multitude O what heaps of this noysome Vermine may you see at a time in the Temple or Westminster-hal Nullum unquam fuisse humanâ— ordinis institutum quod magis brevi tempore crevit c. These do make up the numerous Army of Antichrist in this State against Christ and are to torment men Rev. 9. 3 5 7 c. and so Exod. 10. 14. they cover the Earth 4. Locusts have their variety of orders and ye may see them noted in their several colours and marks Thus have Antichrists Lâ—ity I mean Lawyers as well as Antichrists Clergy I mean the Priests It were but lost labor to enter into this number of his name of to reckon up the variety of orders and degrees of this brood of the Beast distinguished by several Forms Sects and Habits of divers Fashions 5. Locusts are of earthly dispositions greedy devourers insatiable for covetousness always desiring but never delighting to work sow labor nor plough but to eat up the fruits of other mens labors and to fall on cease upon and take possession of the best Meadows Valleys and pleasant places of the Land now the Lawyers as well as Priests are such a plague of Locusts For what fertile or fruitful Soyl in England that they have not ceased upon and eat out and with ravenous fees bought out the best estates in the Land What have these Lawyers like the Locusts but a mouth and a helly a huge mouth at the Bar to bite off and as big a belly to take in A mouth to gape for it and a belly to get it a mouth to plead for it and a belly to feed on it a mouth to serve a belly to consume but all this while no hands to do good or deal out to the poor and oppressed 6. Locusts have a leap like Grashoppers and so have the Lawyers for like the Leopards they get their prey Saliâ—ndo by leaps which are sometimes very large and as to the things of God or Religious Exercises we shall finde few of them frequent them unless by leaps now and then so by fits and jerks they will seem may hap serious as if they set for Heaven and may promise much But I always except such as were Lawyers and are converted or it may be some that are yet so accounted who are godly and conscientious and cannot close with the common sort or ordinary practise of greedy griping selfish oppressing Lawyers but such are not very many And I must needs say I cannot see how an honest man of a tender conscience can continue a Common Lawyer with them in pleading and practising as they do for doubtless he will lie under very desperate and daily temptations to trade with sin But as to the sect of them in general excepting some particular rare ones such Zeno's as are honest and godly amongst them these Locusts may leap to a little honesty it may be on Sundays but all the days after they follow their old trade of lying and oppressing and eating up the greens of the Land Subitos dant saltus sed protinus in terram cadunt Their ordinary going is but higgle-haggle here and there this way and that on this side and on that too for any Cause or Client so they meet but with an Angel in the way 7. These Locusts that help to make up the Army of Antichrist had a power like to Scorpions given them Revel 9. 3. and so have the Lawyers 1. Scorpio est
those Lawes which have in their bowels freedome and honesty do owe their homage to the peoples choise A people rightly principled as before with Reason and Understanding are the proper originall in that sence that Origo is a re ad rem and rise of rationall Laws which are laid out altogether for the peoples rights and Liberties from hence we have these Observations 1 Obser. Reason and Judgement goes before to create a capacity Freedome and Honesty follows after to execute and fulfill it 2 Obser. Justice and Equity must be in men before they come to be in the Lawes of men 3 Observ. The rationall honest people in generall are the true originall or rise of those Laws which they are Governed by 4 Obser. The genuine intent of Lawes in their originall is to curbe and keep in principally the Princes not the People the rich not the poor Oppressors and Tyrants not others of the people To bridle Great ones who are most lawlesse and to keep Governours within their due Precincts of just and righteous Government 5. Obser. True Laws as they arise from their originall are not to burthen but to ease to grieve but to relieve to hurt but to helpe to insnare but to take care for peoples Liberties and Freedom 6 Obser. As Laws cannot be made but by the peoples voice so a Judgement cannot be rightly executed but by the peoples concurrence So that Sicut cogens aliquem ad aliquam legem non publicâ authoritate sancitam servandam injust è facit ita quis alium judicans non habens authoritatem vel usurpandâ— sibi judicandi potestatem graviter peccat As to compel one to keep such Laws as are against the Liberties of the People and have not their originall from the people is Tyranny and injustice So to passe Judgement upon any one of the free-born people by an Usurped power and not derived from the people this is no lesse Tyranny and Injustice But all this while I speake of a rightly principled people that are in their capacity Use 1 Where abouts are we then as to the Laws and Lawyers or whence had they their original by what Rules do they proceed And to the originall of the Lawes first we shall find them since the Norman Conquest that the Lawes were a Norman bondage an Iron Yoake and Coller about the necks of the free-borne people to this day For as Fortescue tels us c. 17. Regnum Angliae primo per Britones deinde per Romanos iterumque per Britones deinde per Saxones possessum extunc per Danos iterumque per Saxones sed finâ—liter per Normanos c. This Nation hath been under divers Conquests so that severall alterations have thereby been made of the Laws either in part or in the whole upon every Conquest and if at any time the Conqueror continued any Laws which the people allowed of it was for his own ends to ingratiate himselfe into the people thereby and yet to espouse his own Interest For as one saies ch 2. p. 6. of his Survey of English Laws so some noble and notable Theeves doe as Hinde the Robber return back again some part of the moneys they take from the poor Travellers to be the better thought of and the lesse pursued But this is certain the honest hearted Britains lost their Laws and Lands together though the Saxons and so the Normans after them allowed of some of their Laws after they were Saxonized for their own ends Now the reason of all is that the Conqueror was evermore carryed on by his own will and lust which he looked upon above the peoples Rights and Liberties and meere force being partial would never suffer a Jury of Freedome Thus Will. the Conqueror altered some and quite took away others of the Laws that were in Edward the Confessors time which Laws were so allowed of that Kent and other places would never have yeelded to him but on condition they should keep their own Lawes But notwithstanding his ingagement to them and his oath at his Coronation he takes away those Lawes that were the peoples Priviledges and at his own pleasure makes Lawes destructive to the peoples good and publick weale only to advantage his own Interest and promote Prerogative By him and the Saxons before him our English civill Laws were so barbarously razed up from their foundation principle and original that we were made and have so continued absolute Slaves to Great men and whereas before when the people were the rise of the Laws they were wont to curb and controle the exorbitancies of Great ones and were therefore principally intended but now they are changed and are made principally to enslave and oppresse the poore and commonalty or free-borne English and to make them Vassals and doe homage to great mens humors Thus Great men got a latitude ore the free-born people and could oppresse by law and by the proudest Principles of self-Interest and worldly Greatnesse stand upon the pinnacle of power and tyranny yea on tip-toes to be high enough for men to fall down and worship them in offering sacrifice to their lusts and in doing homage to their huge wils Thus great men were followed as consonants follow Vowels with obsequious flatteries and complacent compliances of the simple fellowes and servile spirits that have lived in the world before us who easily adored these golden Images and gave up their rights as they were the free-born people of England for a free will Oblation O these Prodigall and stupid white-livered people It is pitty they were Englishmen that would give that away for a word or good look from a King Courtier or Conqueror which will cost much time and labour to recover Obsequious and servile spirits are but faint and treacherous Guardians of Englands just Rights and Priviledges Upon this advantage hath great mens Interests gotten in and tip-toed it over the people when the poor silly people durst not but open the door at their knock they could not do lesse then enter in shut us all out for Fools And when once they had got the possession of the Law their first work was to secure themselves and their own Greatnesse by a guard of Laws against the Liberties and Freedom of the people in so much that our Cannon being thus turned upon us they charge us with thunderings threatning of us for Traytors and Rebels by the letter of their Lawes if we but stir a step towards our Freedome so that the Laws are forced to accuse kill and condemn their own Mother and the best Friends they have in the world Thus the Law became any thing or nothing at the commands and courtesie of great men for which I blame not such as were ravished of their Rights against their wils when all their â—ing and crying out for help in corrupt times could not save â—em from being deflowred But it is
right to all people not having regard to rich or poor without being let and hindered Yea it is accounted a Maxim sayes Markham that the Law hates and eschews delays and see but Magna Charta Chap. 29. We sell no man we deny or delay no man justice and right Many other Statutes command right to be done to all men without delay as 22. H. 6. 40. a. v. 2. C. 25. Stat. Glocest. c. 2. and they are sworn to it too 2 Edw. 3. c. 2. 28 Edw. 1. cap. â—0 4 Inst. 109. but to no purpose for they are as slippery as an Eel and make nothing of an oath as will appear afterward whiles they think fourteen eighteen or twenty years not long enough to delay justice but still must be new Motions new Petitions new Orders new Reports new Demurs new Deceits and new Delayes on purpose to vex and weary the Plaintiff with new Fees and to undo the poorer sort of people that cannot follow If this be not injustice tyranny and oppression wronging and robbing the poor of their Right and Liberties what is 3. It is a bondage for that hereby the price of Justice and Law and of recovering of a mans own is too high for a poor man he cannot pay for it and is thereby oftentimes forced to lose it for that the mercenary Clerks and Lawyers can as they list raise the market of their Fees to a great rate or else delay their orders or the like The poor oppressed pay for all I know an honest man that lent a Lord his Master a great Swash a sum of money upon a sudden but after some years seeing his great master refused to pay him he told him then he must make use of the Law which the Lord no sooner heard but sent for a Writ arrests the poor man and without Declaration for what got him into prison and all to prevent the poor mans suing for his own by corrupt Lawyers and large Fees he kept him in Newgate many years till he was â—igh starved rotted and stunk to death So that the poor man must lose justice because he wants purse enough to pay for it and a Plea upon the late Act for one not worth five pounds was not worth five farthings The Lawyers are such Juglers Thus for these and divers other Reasons this murthering and bloody tyranny requires quick relief from these delayings charges deceits and fees turnings windings and intricacies of the Law Wherefore with full eyes are the free-born people of England expecting their return out of captivity in this also by my Lord Cromwels their Conqueror means So that Justice and plain honest Law may be had as was before William the Tyrants time at their own doors and in their own streets in every County and Hundred in England which would much inrich the people and keep the more money in their purses to pay taxes with and the like the which doubtless then they might do without murmuring Therefore down with Terms and such Tradings of Lawyers at Westminster and spread Law and Justice all bout the Nation Object Thereby many would have but little trading Answ. 1. Little the less for that because the successive Representatives at Westminster would keep it up and thereby the City would be frequently full of people from all parts 2. People when they come up to London will have the more money to buy Commodities then now they have seeing the Lawyers are such Money-suckers and Purse-soakers but 3. Let not people be deceived so as to think the promises and priviledges which we expect in all the changings and turnings of times tend to set up better trading for the world for all the earth shall be shaken and reel like a drunken man but as the Kingdoms of the world become Christs so tradings will become mostly a trading for Christ and his Truth and a taking off of the old world looking for the blessed hope and glorious appearing of the great God and our Saviour Jesus Christ. 4. Whereas before the Conqueror William in Edward the Confessors days the people lived in much liberty and freedom from taxations and tribute yea Edward the Confessor freed them from Dane-gilt which the people before payed being at least forty thousand pounds But the Greedy Tyrant William the Conqueror did contrary and sought to enslave the people with cruel burthens as we finde in the Summary of English Chronicles pag. 41. He made enquiry what riches the people had how many acres of ground were sufficient for one Plough by the year how many Beasts to the tilling of one Hide how many Cities Castles Farms Granges Towns Rivers Marshes and Woods and what Rent they paid per annum c. All which was put in writing at Westminster and kept in the Kings Treasury in a Book called Dooms-day Book And according to the Roll he imposed heavy Taxations and squeezed out the â—at of the Land to himself So in Acts Mon. p. 173. he gave his Normans the cheifest possessions of the Land and stripped the stoutest of the Nobility and Gentry of all But now the people are high in expectation of ease and deliverance from heavy taxes which hitherto have been gathered and required of necessity for the use of the Commonwealth and benefit of the free-born people But now they hope to have the bands of wickednesse loosed Isa. 58. 6. And that their Conqueror Oliver the Lord Gene tell will set the oppressed free and undo the heavy burthens and â—ose them and deliver them from this bondage which appears to bee so for that Governors are limited by Gods word in Ezek. 48. 18. The Princes shall not take of the peoples inheritance by oppression and thou shalt not steale is a mortall command to Kings Princes Parliament Armies c. Exod. 20. 15. as well as to the poore oppressed people Naboths Vineyard was his own Inheritance and propriety which the King had nothing to do with by right for as Bucan says de Magist q. 75 76. 77. Distinctio dominorum propriet as possessionum est juris divini juxta mandatum non furtum facies c. Distinction of dominion and propriety of possession is of divine right according to the command thou shalt not steal It is not said thou shalt not give or lend or the like but thou shalt not steal for that no man can lawfully take away the goods or propriety of another Saies Seneca l. 7. de benef c. 4 5 6. Caesar hath the dominion of all things belonging to him but the propriety belongs to particular persons As the Civilians say one may make claim to a House or Ship but not to all the furniture or lading in the House or Ship Therefore it is injustice and tyranny for a William the Conqueror to command mens Estates and Purses so as against all Law Liberty of the Subjects and propriety of the Law to lay Taxations upon them above what
Eternal Law as appears Prov. 8. 15. By me saies the Wisdom of God Kings reign and Princes decree Justice or make Laws And Augustine tels us plainly in lib. 1. de lib. arbit c. 5. c. tom 1. That no humane Laws are to be allowed of as honest just and lawfull unlesse they be fetched from this Eternall law of God and good reason for it too for as in all motions in omnibus moventibus virtus secundi moventis derivatur a virtute moventis primi the second fetches force and vertue from the first so in omnibus gubernantibus c. in all Governors the subordinate hath Commission from the Supream and the inferior from the superior So a Subject-Magistrates commands are according to the commands of his King or Supreame Governour who hath given him Commission And thus are all humane Laws according to and derived and Commissionated from this Eternall Law of God or else they are not good and for as much as they doe partake of right and Orthodox Reason they are thus derived ab eterna lege so such Laws as are against Reason are iniquity and not fetched from this eternall Fundamentall Law Let us note then 1. Rule This eternall Law is the only absolute unchangeable Fundamentall of all humane Laws 2. Rule Of all others this Fundamentall must be knowne Now a thing is said to be known either in seipso as it is in it self and so God and Saints are said to know this eternall Law or else in suo effectu as one that knowes not the Sun in his own substance knows it in suâ irradiatione in his irradiation and opperation So we are said to know this Fundamentall Law by its irradiation of Reason in us more or lesse so that by its effects â—nd our participation of Divine Reason we know it 3. Rule Meer humane Reason secundum se is not the standing Rule of things but according to its participation of divine 4. Rule Meer Humane Reason doth not partake ad plenum dictamen to the full of divine Reason but only reaches to a measure in every age so that as it increases and grows more divine so must humane Laws 5. Rule Humane Laws are not infallible demonstrations or conclusions 6. Rule The more agreeable the Laws are to this Eternall Law the more unalterable they are and the more they partake of this Fundamentall Law the more absolute they are and to â—e obeyed and the more proper excellent and profitable are the acts and ends of such Laws Use. What remains But the day of reckoning and reforming the Laws and Lawyers of this Commonwealth seeing they for the most of them faile in the End Object and Foundation All are not Fundamentall Laws that are so called neither is the notion of a Fundamentall Law such an Idoll as men make it as if a noli me tangere were writ upon it because it hath been of long continuance and therefore must not bee altered but without such respect or fear of such a Scare-crew have the Conquerors all along altered even those they called Fundamentall Laws that stood not with their Interests or Intents and they have abrogated them without any judiciall processe against them and so did William the Norman without the least respect to the peoples Rights or Liberties And what shall Oliver the Peoples Conqueror do nothing doth the fearful word of the Fundamentall Laws of England i. e. of the Normans in England which have robbed and cheated us of our Rights and Freedomes doe these their Lawes strike more terror being secret enemies then a whole Army in the field of open enemies have we none to plead none to intercede as the Prophet sayes for us seeing for so many years the Norman Lawes of England have been such pure Servants to corrupt Interests as none else as I know of have enjoyed the honour of Fundamentall O fie for shame let us looke about us and see We have lost our Fundamentall Laws by William the Conqueror and other upstart irrational selfish unworthy Laws have usurped the title and honor from the people and shal they not be altered and others be set up upon the Eternal law of God agreeing more with divine Law in their stead for the liberties peace profit safety and Freedome of the people and that will not torment honest men as hitherto Laws have as the object of their tyranny It is this that we call for and nothing else and we will never cease day nor night nor give rest to God or Men till it be granted us for the good of the godly of this Nation Those Laws are most honorable and fundamental though they be but of a dayes standing that agree best with Gods Laws But O our misery how many Statutes Acts and Judgements are there which have subjected the bodies of men and women to arrests and imprisonments yea and sometimes to death diametrically contrary to the Law of God Reason and Charity yea to Magna Charta it selfe such as were named before in the Chap. 3. and yet I might adde many more as that of Habeas corpus whereby any Freeman of England may suffer imprisonment before his cause is heard or judged by the Law which imprisoning is the utmost punishment the Law can inflict upon Trespassors and Debtors This Writ is a wrong to the Liberties of the people and delivers many times upon malice honest men into the hands of devilish minded men yea of Foxes Walves Bears and Tygers I mean wicked Lawyers Bailiffs Serjeants and Goalors to raven upon their Bodies and Estates with unsatiable and monstrous cruelty whilst their poor Wives and Children want bread to eate O unsufferable Tyranny and such is the starving men in Prison and murthering them upon malice So the imprisoning upon debt and keeping their bodies in iron cages whilst by their liberty and industry in their callings they might by degrees make money to pay their debts off which would be to the honor and inriching of the Nation I might also mention the hanging men for meere Theft and other Laws beside which are cruell absurd and opposite to the Laws of God Against whose Lawes no Laws are or ought to be Fundamentall Wherefore away with that Bug-bear word of Fundamentall Laws and let us look to the Eternall Law of God as the only Fundamentall that must stand when all is done which does formaliter obligare as the Rule of Rationals Wherefore my word to the Supreame Authority of this Nation in Parliament is 1. As they are the Supream in Rule so they ought to be Supreame in Reason Now Supream Reason is divine or the wisdome from above which is not cruell bloody litigious oppressing c. But saies the Apostle James 3. 17. It is pure peaceable gentle easie to be intreated full of mercy and good fruits without partiality and without hypocrisie This ratio divina is ratio Gubernativa Of all men it is they
the Lawyers stink in our nostrils and bring forth vanities in some but righteousnesse and peace and joy in the Holy Ghost to his Saints and deliverance and sweet freedome and blessings to the Common-wealth In the meane time it is a shame that Ministers of Christ can see them live so in sinne and say nothing seeing those Agags that the indulgent eye of Sauls have spared and favoured must be met with by the two-edged Swords of the Samuels of God â— but so much to our Authority in the Legislative power for the advancing the Law of God as the only fundamentall Law of this Nation Secondly My word to the People is as a Remembrancer for when Cyrus King of Persia proclaimed liberty to the Jewes only those went out of captivity whose spirits God stirred up in Ezra 1. 5. This is the case we are freed from our Norman Captivity Now you whose spirits God hath stirred up why appeare for your Liberties and Rights returne home unto your owne it is high time be not longer Slaves to Norman Lawes or Lawyers This your liberty is Naturall and connaturall as Paul said Acts 22. 20. I am a free-borne Roman which was his Plea and unsuited his Adversaries and made them afraid which surely had never been had not this boâ—est man made use of his right and liberty and let his Judges and Governours know it Surely this liberty is more worth then all the Lands in the Nation to us and if we know it wee should not slight it so as we doe therefore honoured Ames cas l. 5. c. 22. tells us that this Libertas proxime accedit 〈◊〉 vitam ipsam Liberty a man counts next his life and will not loose it if it be possible but wil loose his estate yeaâ— the â—loâ—theâ— off his back first yea further for the Publick Liberty and common safety a faithfull man wil loose his very life and prizes it abundantly above his life as some honest hearts have done in England in most ages And if any wonder that I will â—rive thus against the streame seeing I cannot turne it I must tâ—ll them That the Fish which alwayes goes downe the streame we suspect for dead whilst the living Fish makes against the streame but the truth is as when Tides turne there is first a secret motion and turning at the bottome before it comes at top and so there is in the bottome of our hearts which wil ere long be more openly to all eyes in the meane time we must minde the People of the time of dâ—y and tell them what the Clock strikes for their liberty and deliverance is hard by And beleeve it Brethren the flaming Sword is in our sight turning hither and thither every way to drive out these Wretches that have lived so long upon forbidden fruits and although the bowles of Authority seemes to many to run Byass to a bad I was ready to say Mad Mistresse this wil be mended ere long when the Mistresse is removed but we must ballast our Ship before we put to saile therefore consider Country-men First of all No Governours are above the Peoples Lawes and Liberties hence it was that Kings could not De jure conclude or determine businesses according to their owne wills and Aristotle Alexanders Tutor tels us That absolute power in Governours is the next degree to plaine Tyranny yea had it not been for feare of offending Alexander I thinke he had called it absolute Tyranny and said true too Therefore are Kings and Magistrates the Organs or Instruments of executing the Peoples Lawes and must receive their Lawes from the People Hence it is that the Emperor King of France Kings of Spaine England Poland Hungarie or Princes of the house of Austria Dukes of Brabant Earles of Flanders or Holland before their Coronation or Creation to the Governments do ingage to keep the Laws of their Country and their breach of the Laws is or ought to be as punishable upon them as any others And to shew how the Laws and Liberties of People are above their Governors God alwaies gave Laws to such as should govern the people for the peoples good Deut. 17. which their Rulers ought not to alter vid. Brains New Earth Secondly All Rulers and Governors are bound to execute their Offices and Authorities for the peoples benefit and publick good and the greatest Treason is against the peoples Laws and Liberties And Caesar himselfe in his Commentaries tels us that Amblorix King of the Eburons confessed that such were the conditions of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the King had over the People but rather more So we find there how Vercingentorix gave an account of his actions before the people how they were for their good and freedom Thus in England Ireland and Scotland the Representative of the People have the greatest authority i. e. as from the People the like in Spaine especially in Aragon Valentia and Catalonia cum aliis c. There is a Justitia Major who stands for the Peoples Rights and Liberties hath more power then the King or his Councel and therefore at his Coronation the Lords of the Kingdome use these words in their own Language to the King p. 60. Nos qui valemos tanto como vos y pâ—demos mas que vos vos elegimos Rei con estas è y estas conditiones entra vos y nos un que mandamus que vos We who are in as much value as you and have more power then you yet have chosen you King upon conditions c. and there is between you and us one that commands both you and us i. e. the Justitia Major who is altogether for the peoples Laws Right and Liberties and to see that for this end the Kings and Princes govern But in case Governors doe not rule for the publick good then Thirdly The People may orderly declare against the dangerous Practises of their Rulers and make an orderly resistance for their owne Rights and Liberties Now let me not be mistaken for I fear this Doctrine will not please some selfish Rulers but this I say whilst I call upon the people to appear for their own freedome and rights I mean not by armes to fight or wage war against their Governors in a rash disorderly way O no! not for a world that we should bee guilty of so ungodly a Rebellion for really I would bee one that would spend my blood against them that so doe but this I say let them mildly declare against the mis-governments of such men as seek their owne private more then the publick good and let them use means to correct that mis-government to admonish the offenders to petition to the Parliament or to our Conqueror the Lord Generall with the same importunities the poor Widow used to the unjust Judge till she was answered and so continue untill the