forty shillings to the Judge otherwise to the Gaole without mercy of which Gaoles a word after Next this is an ordinary course at least so reported in petty trespasses they declare of course meerly to get Fees upon agreement though they assign no place others having liberty to proceed as they see good and make an end or do any thing which is generally the course of quiet poor people there is favor promised to either party he draws a judgement from his adversary the defendant yet sues on still and brings it down to Trial Per Nisi prius then stops proceedings with saying he will confess a Judgement and enters it the Term after others enter up Judgement without Warrant I have known worse abuses yet but no punishments oft for want of entring a Rule they suffer Judgement Per nihil dicit whereby great and extraordinary Charge accrues to the Client and but small gain to themselves but hereby they pleasure the Officers oft times they plead or confess a Non sum informatus and this without Warrant and then comes out a Judgement unexpected and this dealing is justly suspected of false dealing It was ordinary to enter false Orders false Affidavits imbezle depositions pack Juries draw Witnesses if not make them I know the labour and pains of a faithful and honest Attorney is great and very painful and laborious in running from Office to Office from Clerk to Clerk Officer to Officer Councel to Councel Judge to Judge Court to Court neither do I here question their proceedings who make either Law or constant practice their rule But these rude ignorant young heads who think and make it their way to gain practice to over-reach c. though I in my opinion am as Mountague said of learned Selden an Heretique in the faculty as to the whole managery of the Law who although the Law doth sufficiently provide against which were by the carelesness or faithlesness of the Judges in their trusts through dependance as aforesaid grown to an infinite number beyond what they were I beleeve in the time when by Statute of 33. Hen. the 6. they were limited in Suffolk Norfolk and Norwich where they abounded but they are now bound apprentice to the Trade as well as to tapping whether of wine or beer why not as well to Brothelling and it is thought unjust to put any by his practice though they ruine the Nation by it at least bring a deluge of poverty upon the people Yet these put the Lawyers also upon hard shifts for now the Office of an Attorney is to practice all the parts of a Lawyer he drawes all pleas or generally all but some speciall ones upon some difficult point and in that some one old beaten book-man in a County is famous but for making of Wills and drawing all sorts of conveyances or Covenants with strange niceties of form and cautelous qualifications limitations provisoes and such like none like them they not so much looking at their first trading into reason and solid causes or grounds of things as into the superficial niceties as the readiest way to purchase practice with cunning knaves and most affecting wit and youth and so are drawn into a way of evill before they be aware and after it is hard to reclaim them and for keeping of those pestilences off of England Lords Courts they take all the work which was heretofore the way of educating and bringing into practice the young Lawyer And in these last times there sprung up first under the wings of Noblemen and men of great estate for the help of the Attorney in Judicial Courts but as Attorney in the Prerogative ones a creature called a Sollicitor these men rob both Lawyer and Attorney and all the Subjects They are oft declamed against by the Lawyers but no course taken to restrain them many of them practizing as Attornies under the wing or name of an Attorney what fee he hath thus to abuse the Laws and his own fellow practitioners I know not but many faults and errours are hereby committed and where to fix it is not easily discerned and great men love not to take great pains in such discoveries without exceeding great profit few I fear do justice for the love of justice so that having shifted from Sollicitor present to Attorney absent 't is forgotten if remembred the fault is laid upon the Clerk the Clerk he turns you back again to them instructed him which happily is neither Sollicitor nor Attorney but a stranger unknown or a servant gone But it is objected you have your remedy at Law against an Attorney in any cause against Law So say I but he hath his priviledge that spares charges he hath councel for nothing and cunning so called knavery to boot And lastly the Judge must as much as may be favour a servant of the Court that is he shall have all lawful favour and the other all lawful disfavour and put any Lawyer to sue an Attorney upon these terms and the Attorney will undoe him To pass over the nicety of going to issue pleading specially when the generall issue would serve the turn or such like nor to shew how many several sorts of delayes the several Courts admit I shall shortly come to the tryal which is either in the ordinary set places as the Courts at Westminster or per nisi prius where there is such hudling shuffling quircks of law unequal hearing and both for honour as the Kings or Queens Councel order as Benchers c. except favour step in and then the son of a Iudge or Kinsman c. must make all the Councel attend till he speaks nothing to the purpose too too often so that I have heard wise and learned men profess they were ashamed to see great men and Favourites manage the business out of all order and rule of law while they knowing in practice as they term it that is versed in the Ministery of the cause could not be heard a word as if they were retained only to hold the paper and cry My Lord 't is truth there is another reason in it which is they have such multitude of Councel that all cannot speak and the great men must speak best reason for have not the Prince the choyce Some indeed either would be heard through boldness or must be heard through necessity as undertaking Cases which others either durst not or could not as Holborn with that noble Judge the Lord Chief Iustice St. John in the Case of Ship Mony and this was a step to advancement if they shewed ability and could turn with the tide or were thought fit of for some other by-respect as to have their mouthes stopped against Prerogative and opened as far as the Law would admit for the Kings advantage Thus were learned Calthorp engaged and the foresaid now Lord St. John though as I have to his honour be it spoken heard it credibly affirmed he denyed to be the Kings Servant upon the Lords day at
chargeable this is destroying property in honest English for cutting up young Timber felling young stands underwood and the like with many other wrongs no law no remedy evident or practised Alter but the Law of hanging for Felony and this and a thousand things will the learned make Felony streight if you give but two-fold restitution or servitude for a set time to be by you appointed But especially look to give speedier Law in the proper places to at least the poor or small matters it is necessary to Commissionate some for the speciall Counties and that to determine all suits both in Law and equity the want of this is the main root of growing poverty and that upon Petition without formalities of Bill and Answer Declaration and Plea give a stop to cursory Writes of Error and regulate executions for under Sheriffs and their Officers have need of it if any I love the Reason of our Laws and am as much against Tyranny or pure Arbitrary Government as any man I honor the learned and upright Lawyer and would have vertue learning yea and service in all due Offices should be regarded and rewarded I allow the necessary dependances of inferiours in all ranks upon the supream or absolute powers respectively it is but the unnecessary fruitless or destructive interests that are opposed which every just man will stand for both with life and estate And by you Right Honorable in your prosecutions thereof let no private respect take you off it is not only reason but necessity calls to you for it therefore on in the excellency of strength fear not a clash with any corrupt interests whatsoever onely what is just let it be done justly it is the eminencie of Vertue alone can make your enemies hearts yours though power may conquer their persons By this time it is time to winde up my Clue of History wherein I profess in the presence of God I have to the utmost of my skill and knowledge waved all bitterness and what ever might justly give occasion of offence I yet know some will be taken by men of all tempers I nor no man that will speak truths in such a season of interests can expect to please all if it be hardly possible at any time I shall as God shall enable me go on the assistance of whose gracious Spirit I humbly crave and hold forth what the Law of pure reason agreeable to the divine word hath established to be the Rule for the exercise of Justice and of Righteousness among Christians But some will expect that I should speak one word to our so much pleaded boundaries to Preregative and Rule of Priviledge Magna Charta so called and the Petition of Right more then what hath been said I suppose needless to shew that they respectively in their seasons were but the beginnings of that freedome which the Subjects of those times breathed after they are to us or were before these divisions brake out but the reducing as I may say of speculative or notional Liberty into a way of practicall or real Freedome for what was before only in the breast of the Judge was now in English letters made obvious to each mans sense so that they after pleaded that Letter against any contrary walkings whether in the King or his Officers So that Magna Charta is not pleaded as the utmost due of the English Subject nor the Petition of Right but as those things which are so essentiall in the generalty to any Nation that even the Kings must afford them or they are not just And the Rulers must act accordingly or they are betrayers of Trust And if it be impartially discussed it will appear that the private interest of Princes or the power intrusted for publick benefit abused for self-ends hath been the ground of the principal opposition to Prices for where hath the excess of power or stretching the Law for publick benefit or honor of the Nation or against publick visible offendors been impugned no the lives of many Citizens and the confiscation of their estates not to speak of taxes or restraint of Liberty have been by the generalty praised and allowed though some prudent one might Stoically out of the fore-sight of mis-improving these presidents by evill men disallow such Liberty If a free-spirited understanding Englishman look upon the first Chapter of Magna Charta unless enforced through necessity to make use of any shaft to wound an Adversary yea though it flyes in his own face and wounds him what will he say to it for after the freedome granted to the so called Church the Preface or Assumption on the Kings part is That he having God before his eyes for the salvation of his own soul and the souls of his Predecessors and Successors of his own free will did give and grant c. the Liberties following to be holden of him his Heirs and Successors c. And these Liberties are there called Franchises which intimates the Kings gave them the freedoms there set down now who before had none and let any uninterested man look upon them and he will see they indeed hold a reason of policy but still subservient to the first settlement of the Bastard William there are many notable just things in it and surely such as by which the people were judged before the Charter granted but the people not having ought assured and before the power of the King the interest of Nobles the corruption of Iudges other matters rendring the Law then wholly incertain they sought this to clear up and assure their right as far as might be for Iustice ought to be like as the Elements are by the first intention wholly free Therefore the true understanding wise man saith That he inforces not Magna Charta as the boundary to English Laws or just Freedom or Christian Liberty but as a Catalogue of such immunities as were granted by the Kings to the Subjects formerly according to the then light the Nation had to ask and power to inforce for so they were pleaded by the Grantor many of which are now wholly ceased by time others have been altered some enlarged by subsequent judgements so called and Statutes and it is evident that the English now long and thirst after a rational setled Law in all the parts in the whole body taking the Law of God for the Rule as the Charter-Grantor did though the face of man was the visible Engine to draw the pleasant streams of Liberty out of the Ocean of Royal Power and although that succeeding Princes did never keep the Law wholly yet it was alwayes evident that a noble Prince that sought not himself so much as the glory of the Nation the Acts of such a one were seldom if at all questioned So that to give satisfaction according to the deep and often reiterated Engagements of the Nation it is requisite that some selected impartial honest understanding Religious Patriots be set apart as a Committee wholly to attend the collecting
or suffered by the supremacy of power so that truly the Law saith the King can do no wrong that is the Law by the supremacy of power enables him not to do wrong and to speak out the whole truth to men of the meanest understanding This law and the right understanding and executing of it is the highest Prerogative of any of Gods Vicegerents in higher or lower sphears and is the agreed Rule of common good as before-said Now our great error and delusion of late was to give that to the person which was due to the Office and to subjugate the Office to the person and not the person to the Office which the Law would never admit for the Law that is the purity yea tanscendencie of Reason leaves the person of the Prince naked in case of Male Action though it censures not in all male administration where it admits him positively to judge I shall give you an example to illustrate for if the King enters a mans house disguised and offers to vitiate his wife daughter c. and be slain of the father husband c. it is but as the death of an ordinary person and truly by the principles of the setled Law be he known it is no more I shall put but one Example more A Traytor is by vertue of the Kings Writ brought before the Judge Arraigned and Condemned the King grants no pardon which I suppose he in such Cases cannot generally though it was done customarily nor uses no legal peaceably way but by force personal sets himself in Act by his Guard to take this Traytor out of the hands of that Justice to which in his Politick capacity he hath Sentenced him and the Sheriffs men defending the Law and the Guard by the personal command of the King seeking the overthrow of it by taking away illegally the prisoner and they fighting about it and the King running in he is slain it is no murder by the principles of the Law which owns not the King in this Act of Tort and Force and takes no notice of the death of that person as King who in Law dies not for the Law cannot now take notice of it because out of his Sphear by this it is evident to what end the Magistrate is cloathed with so called Prerogative namely the advance of publike interest Now as in this sort it gives to the supream Magistrate the glory of the Courts of Justice and the disposings of them as one part of Prerogative so knowing the honor of the Supream Power cannot be maintained but by some set way as it seems the Ancients provided here so much of all sorts of provision both for the Kings Family as also for his Stable at the so called Kings price exceedingly abused besides the so called setled revenues of the Crown namely Crown lands Fee-Farm Rents c. So it also provided for Emergencies and that both for charges upon the sea and also for the land by Customs now so called Fines Forfeitures wrecks of the sea how unjustly soever land deserted of the sea lands of Ideots Treasure found goods without owners Tythes of lands out of Parishes and the like And upon these or any other matter if any debt did accrue it was satisfied to the King that the Commonwealth might not lose before any private person could be satisfied one penny the abuse of this was grown intolerable but I here treat of Settlements and how long since it was in the Kings case it matters not for no slipping of time could prejudice the Kings Title as in case of a common person who was tied to sue within such a time or the time might be pleaded in Bar as was justly enacted Now the reason of this was just and good preferring publike and universal good before private and particular yet this proved offensive oft-times because it was made the instrument to absolute Injustice while restitution was made to the King to the evident destruction of a stranger that is a third person whom the Law left remediless yea though utterly undone and begging from door to door It was also for the same reason construed to be Law that in all Grants made by the King they should be taken most beneficially for him and that they should not erre to any other construction then what was manifested in the body of the Grant that is the plain letter must be taken and no implicite construction of Law shall be taken advantage of against the good of the Commonwealth as against a particular party And lastly In case of Grants it is void if it appears that the King was deceived in his Grant truth these originally just things after the fatall wisdom of the Law was politickly perfected came to be made the Mystery of Iniquity for it was said the Grants were made according to these received Rules for the Kings sole benefit whereby he that was once made the Kings Officer was ever after scandalized for a Knave and he that was once the Kings Farmor Grantee or Debitor his estate was alwayes after esteemed incombred Now this was more feared when it was granted to him by Judgement of the Judges that he in Temporals might by a Clause of Non obstante dispence with any Statute Law and that though the Statute saith such dispensations should be utterly void as it was in the time of Henry the seventh the beginning was in Edward the fourth not so plain Acts of Parliament bind not the King unless especially named Now these unhinged all our Liberties for by the one he was not bound except named and by the second he might dispence how-ever named therefore these how ever used I cannot reckon as legal Prerogative I now proceed with Prerogative called Just that is That the King or Supream Power for the benefit of the Commonwealth have the estates of those that die without heir for no private or particular heir being the publike is rightly preferred so if they purchase who have no right as Aliens they have also given him those Royal Mines of gold and silver lest such things in Subjects should raise them so high as they should be able by leavying Arms to contest for the Supremacy and attempt a Tyranny Now this if agreed as agreed is most just They gave him some honorary respects meerly as for example That the Lord should not seise his Villein in his presence how justly may well be Quaeried For if just to be done why not more just before him To which may be added That Amerciaments Fines c. which had no exact literal Rule as offences made by Statute punishable by the Justices at Sessions with unlimited Fine or Amerciaments were said to be by vertue of his Prerogative as his Iustices that is they were to Fine at discretion that is according to the nature of the fact respect had to the Law that is saving his Freehold or not to the value of his Freehold or so that he should not for to pay that Fine be
put to sell his Freehold all which are argued for with much nicety little Christianity Now as for the benefit of the Commonwealth the Law put the King into possession of others though by matter of Record so it kept him in the State of the Commonwealth for for Lands Jure personae or hereditary at Common Law the rule of Law extends not to it as I conceive therefore the King cannot be disseised and many other such things as the goods of Felons murderers c. which is or may be just in murder in some sort but in no case in Felony but they ought to go to the person wronged and in manslaughter and defence of a mans own person there ought to be no right to the Checkquer not in the Self-defence at all and in the others it ought to go to the party for if the Law in forceable strikeing give dammage and more in wounding and more in Maihem then most in killing where the life of the criminal is saved That of Deodands is in the Law and I see no warrant for it but the meer allusive equity of the Judicial It is also said to be a part of the Kings Prerogative to have special Iudges to try the right of his revenues as is the Checkquer and the differences of his immediate Officers and servants as the Steward and Marshal of his house and instead of Action against his person The Law by the Ordinance of Edward the third for honor sake framed it in nature of a Petition but the Process was as against an other person and so if Iustice be upon that it is just otherwise not it will also admit no wager of Law against him and which proved a great abuse and was unjust and is no way either honorary or necessary he did take men under pretence of being his debitors into his protection to the overthrow of many particular persons and universal detriment thus was Derogative Again Judgment was never final against him but with a figmentitious advantagious evasion of a saving his right and this was also new and not necessary I come to two main and principal steps to the eminency of Prerogative alwayes afforded the Supream power which are first That the King hath by his publike trust power to do whatsoever there is no Law against So that from hence hath arisen the obstructions to Laws upon new Causes namely setling that in the Law which was before in the King and so abridging the Royal Tenure By vertue of this he created Corporations and made Denizens The other was from Gods appointment to Moses surely to appoint places so called of Priviledge like Cities of Refuge but undoubtedly this was a civility betwixt the Kings and Popes to raise a benefit to the King by priviledging That Charter had many Fees and then the Pope made it by allowance a Sanctuary and so secured by both powers what can be doubted that must be just where Moses and Aaron joyn and these men both Pope and Prince did well they saved the life but squeised the purse and none affoord such milke more freely then Rogues and Whores as all Histories evidence This is the summ of all the Prerogative so called that I in this haste remember just or unjust that the Laws of England hold forth The three main pillars upon which the Edifice of Prerogative stands all these being but the Ornaments thereto are the absolute power to make Laws War and Peace and raise moneys Except in some few scattered judgements arising upon Emergencies and are not indeed worthy the name of Prerogative though in our Topical heads of Laws they be so ranked but rather priviledges or Royalties many of which were obtained by Subjects for what a Subject may enjoy I count not Prerogative therefore not Copning of money c. nor Royal fishes nor a hundred matters of the like nature and wreck is generally detestable and the Royalty of grandage abominable but the generalty of them are justly belonging to all men with the Supream Majesty especially those favors of errors in pleadings c. Now this Legislative power was never in the King nor no reason it should which alone shews the Kings in England never was since the establishment of the three estates the Supream power for the makeing of Laws was alwayes since in them as the body Representative of the Nation and so the Lords and Commons were put as a Bar to invading Prerogative Next for war or peace it was not in the Kings power his Knights were bound according to their Tenures but not otherwayes and the special of them not performing their service were to be fined nowhere but in Parliament The last of them which are the sinews of the war were always in the peoples hands never denyed by any King however subtilly obtruded upon as by loans privy Seals c. which were always declaimed against and damned by Parliaments These were and are necessary to the Supream Power but never trusted to Englands Kings a sure sign the Supremacy was not in the King he knew it necessary to aggrandize his power and for an absolute subjection of all interests to his to claim that these were incident and appendixes to the Supremacy absolute which he aspired unto And though the Forts Ships Magazines and appointing Judges Governors Captains c. were actually in his power yet hereby it is plainly seen to what end and how trayterous they were to the then true English Interests who stuck to the King against the Parliament in this war but that controversie is besides my task here Therefore I proceed and say that it is necessary still that the total and absolute Supremacy hath these powers viz. of making or giving forth Laws making Leagues offensive and defensive denouncing Wars and establishing Peace and also to raise moneys Now this I know not denied by any publike and approved Judgement but these men have their bounds their limits also for general common and publike good is their limit their chain and to see the end of this it is fit next to see 12. Who is Judge of publike good and his Rule of Restraint and whether it be fit to admit this absolutely in the Supream Power THe Kings formerly were not unskilled in the issue of this mystery they boulted out what others will bake who ever eats it Now it is plain this also is required in the Supream Power for it is impossible to settle particular Laws sutable to each particular occasion for in the corrupt state of man as the Law is profitable or disprofitable so it is rellished as for example in an equal rate the just man likes the equality and so doth the covetous but he saith no rate at all and if an honest Miser can be he approves equality but he repines at the payment Now the boundary is evident publike good and of this in the manifest parts of it are all men Iudges for though in transactions of the high affairs of State the progression
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
binding to the Jew but from the equity of it was and is the pure principle of obedience to the supream powers Obey God for where that is not or ceases the other is little observed so that some which it was thought believed no God yet professed many by that superstition to inforce a reverence and from thence obedience Moses now not only gives but administers law also unto the people in the next place looks to setling of civill judicatures in the stablishment of Judges and giving rules for the choice of Judges and administration of justice wherein it is worth observation that the advice Moses receiveth herein though not from the mouth of Almighty God but of Jethro his Father in law yet being agreeable to good reason I say no more he yields enquires not of God nor did God alter it after because not coming immediatly from himself nor made any declaration by himself or Moses that it came from him either to get the glory to himself or to enforce with greater authority the acceptation of the same Nor yet disallows of it after but approves it and it was an establisht Law for the great judicatory of that Nation for ever accordingly The next thing was the Act of Almighty God in giving the laws whereby the people should be judged which were summarily comprehended and written in two Tables of Stone it may be to signifie their long or everlasting duration which were delivered by Gods own hand according to our natural expression unto Moses and by him unto the children of Israel Gods people which Laws were of two sorts the first concerning God written in one Table the other concerning man written in the other now these being as we say general laws and difficultly could all sins and offences by the common people be reduced to their proper Commandment so that they would have pleaded ignorance in excuse of their sin Therefore God gives particular Laws and Rules for all emergent sins and sets forth particularly the whole frame and order of the worship and service he expected from his people yea every circumstance requirable therein upon which the whole Law of God or which God gave to the Jew was or is thus distinguished into morall and ceremoniall relating from man to God in his worship and service of him And into morall and judicial relating from man to man which later must be thus opened The Laws of the two Tables were and still are by many supposed to be absolutely morall or perpetual and that as well to the Christian now as to the Jew then but the judicial not so but of this more in convenient place and time Now these judicial laws commonly called Moses judicials did respect both body and goods all which stand upon such order as is most agreeable to natural equity to the well being of a Common wealth and that both in peace and war To a mans self and also towards his neighbour superior and inferior yea in all things tending thereto which laws as the Jew received them from the hand of Moses as their cheif and governor so did they live accordingly giving obedience to them all the daies of Moses after whom not Moses son or sons ruled Israel neither by his their or the peoples seeking was any such thing once mentioned but the government most especial gifts and graces testifying his divine vocation shewing forth themselves in him was given unto Joshua but no new law divulged but the division of inheritances to the several Tribes in their respective conquests was as the Lord had commanded Moses and he gave forth as a law to the people And having through Gods goodness given possessions and in peace to Israel before his death he calls for all Israel or their elders heads judges and officers and from Gods former and present mercies promise and threatnings perswades them to obedience to these laws which for some time they observed under their particular heads of Tribes without any particular Prince and won great victories against their enemies which although I find in history to be ascribed to be done under the command of Phineas the Preist yet I wave it and only prosecute the order of Scripture The next successor in government there given to them is Othniel then Ehud Shamgar Deborah and Barak then Gideon these were by a special spirit of God raised up for the deliverance and saving Israel from the hand of those enemies into whose hand for sin their God had delivered them But they still departing from him that is from his Laws not giving either any or not due obedience God as it seems intending to chastise them yet more as the stroaks or contentions of friends are most bitter suffers Abimelech the son of Gideon by unjust and unused waies to seek not only the government but a kingdom yet after his death whose ambition was also punished together with the peoples sin for the people were Gods avengers on him as he was of the people now arises a new succession of Judges of several Tribes and as it seems also by the special hand of their God upon them as Tola Jari Jeptha Sampson after whose time there was as it were an interregnum no King no Judge in Israel and the manifestation of the will of God by a special spirit to any chief of Israel ceased and so for defect of worthy noble vertuous spirits the government was conferred upon Eli the Preist in whose time there was no manifest vision And though Samuel the last had it yet it continued not after him if it ceased not to work at sometimes in him who as it seems rather out of fatherly indulgence although he had seen the judgements of God upon Eli his Master and his family for such weaknesses are evident often in Gods dearest children then by divine appointment makes his sons Judges but they turning aside after lucre and taking bribes perverted judgement Whereupon all the Elders of Israel gathered themselves together and came to Samuel to Ramah and said unto him Behold thou art old and thy sons walk not in thy waies that is righteously now therefore make us a King to judge us like all Nations Where we may see error in government and governors causeth desires of change of government But the Lord commands Samuel to listen to the peoples voyce but declaring to Samuel who it seems was also a little sensible of the peoples neglect towards him though most for God that this choice of man was their rejection of God Whence mark in the purity or purest of times Gods Church was governed as a Common-wealth in the declining daies it grew to a kingdom The next thing to be considered of is to see the King settled in his Throne wherein I shall first seek out how they came to have a King that is whether of divine appointment or of their own election t is truth that it seems both concurred 1 Sam. 8. 5. compared with 1 Sam. 9. 15. but then the question is
Councel Table pardon this necessary digression both here and in many other places purposely done to avoid treating of these things by themselves so that unless the Iudge were very wise and resolute having these so many traps he might ore-slip something how just soever his intentions were and the Lawyer might by the like means be drawn to some errour in point of Legal advice as well as the Attorney in practice for 't is evident or will be hereafter manifested that to gain a certainty of Law we ran into all incertainty that might be To speak of the errours of the Judges servants and their Marshals abusing both Law Judge and Countrey for expedition money and taking what fees they list and new Fees though it be material yet carrying with it the assured errour of his master who ought to know it better then the Countrey can tell I willingly pass it over but must insert that seldome a Jury is legally pannelled or if legally having outward legal qualifications yet not knowing men able to discern into the now used course of evidence for it is pitty to see if not pre-ingaged which is too too often they generally either follow the fore-man or hearken to such a Councellour or else are tyed to what the Iudge seems to incline to when he repeats the evidence which to avoid such leadings might be spared but in the confusion of the Councels thwartings if not false speakings and mis-recitals in their so claimed due of summing up the evidence cannot be wel forborn without a greater mischief then the other possible yet seldome seen palpable inconvenience I might evidence the same course of unrighteousness in all subsequent proceedings till execution but I haste These with hundreds of more common abuses in the Law which did indeed render both Law and Lawyers odious for this was grown usuall to get by any means or having gotten though justly to keep by any means and hold play with the others estate for they could upon a Bond for example drive off with good words a quiet man and fore-handed or a poor man or Orphan in regard of their relyance upon the penalty which in regard of the possible evils was now grown double as 200. l. for 100. l. five or six years or more then plead non est factum that is it was not their deed the Witnesses happily dead and no other or difficult circumstance appearing Verdict is either lost or hardly gained if it be a small sum and the Verdict against the Plaintiff he is not able to get any advantage but by renuing suit in Chancery to put him to his oath where the charges is so great he is undone If the Verdict go on his side then there is motion for stay of judgement to delay if that over-ruled then a Writ of Errour if that over-ruled then the Cause is not sent by the Iudges or Iustices to the Chancery upon a sight of the equity of the cause as the ancient Law in Edward the 3. was or seems to be but of course to delay except the Plaintiff dye in the time and then all is lost without hope of recovery and the Chancery by right is held not to have any cognizance of any case under 20. l. as if no conscience or equity were allowable in lesser matters where the falsity of formal customary surmizes be such that the simplicity that is sincerity or plain righteous dealing of the first Heathen Law-givers severely punished when they first instituted complaints to be in writing punishing him that complained of what he could not prove O the excessive unwarrantable proceedings in false suggestions and surmizes yet by these with such like practize in proceeding as in the beginning the cause may grow to 7 8 10 12 20. years continuance although the late Lord Littleton who dyed in the strife betwixt loyalty so called to his King and to the Commonwealth and was vanquished by personal respects did openly profess at his call to that high and honourable imployment in his speech in the Court at his taking the place That he had heard causes had depended there 12. years but knew no cause they should depend 13. moneths and resolved then to speed an end of all lasting causes and began with Peaeocks But when the Barr began to grow thin I say not he changed his mind but his course pretence of other business drew him like others before him to hasty hearings half hearings references and subitane Orders which with the laziness of Iudges and Masters of the Chancery but especially the wickedness of Clerks and Registers is the squeeze of the Subjects purse for all men know who have had any experience in the world that the Register makes the Order rather then the Iudge A chief means of continuing which evil is next after the want of due care of the Iudges to read the Order fair written before he rise want of a set stipend while he by more work gets more gain The last is want of sharp and speedy punishment of an offender this makes Orders past the ordinary length and infinitely beyond the rule of Justice in Tale above 40 Orders in a case Mr. Noy or I am deceived moved before the Lord Keeper Coventry when he durst say that was Kings Attorney my Lord I move upon the 49 Order to my best remembrance so that the by-word was upon a suit in Chancery you have gotten into a sute of Buff These things never pierced the conscience of these men they followed the example of their predecessors and grew by degrees worse and worse and thus it was also upon all other proceedings at Law in all Courts whether upon criminal causes or other offences against the publike or civil Laws so called or between person and person another evil was both in law and equity the priviledge first of places then of persons That of places partly arising from Order so called Divine that is from the Relative and similitudinary holiness of the Temple And therefore as the Churches were in the time of Popery and now new pleaded for Popery as the Cities of refuge of old and the so called Clergy still as aforesaid Idolatrously continued with us so other places were now priviledged and made the Sanctuaries for offenders which were the shelter for all insolencies tumults disorders and wickedness which places were first of separate or special jurisdiction as Cathedrals Minsters and such other liberties arising from pretended Ecclesiastick Right and Title under the Hierarchie Papal The other was of the Kings Court Lords Houses Inns of Court and Chancery the Seminaries as they ought to be of good Government and singular examples of order the persons priviledged were the King whose person the Laws as lately expounded had generally freed from all censure and purged all taints by the Crown and punishing his absolute Ministers was laboured much against now the reason of this was to uphold what was gained and to gain what might be for the King therefore the Lords as
yet no way punished Gods Sabboth contemned god-Mammon that mental Adultery of Idolatry is most of their sin common to them with their other brethren in the flesh by what names soever called or known And for the duty towards Neighbour there is nothing but envying and malice furfetting gluttony or drunkenness the Nurses to Adultery and Lasciviousness with pride in apparel and abundance of idleness which increasing poor increases and by them necessity and that brings Theft or Covetize or both and sure among such to swear in truth will not at all be regarded it will be thought cruelty not to tell an Officious so called lye to save thy brothers life which now makes it nothing to have lyes sworn this brings scandals upon seats of Iustice for these things known and not remedied if possible will asperse But some say some Judges make no conscience of such acts they exemplifie not only in Ship-Money but in ordinary Tryals while they deny justice by delaying and admitting the continuance of delayes in justice and sometimes go against their own knowledge in the Law as in the case of admitting such to read as they know cannot and more evidently such as are not capable by Law as those branded before not once but seven times whereby the Rogue is as preserved so encouraged and this because due notice is not taken of persons branded in the Calender nor Records penally presented in Court to which though ignorant persons answer they will not come there again but act their Villainies in another County wise men will not who know the Law admits no going out for it will prove wandring in such of necessity but with Certificate but the true reason though it cannot wholly excuse is the best namely they think the Law too hard and would rather have constant work-houses but there is two evils in this so just so righteous a proposal to change this Law for if either work-houses or due course of certificates were setled the Commonweale would be quickly rid of such vermin But then the first evil appears namely Clerks Fees would cease The next evil is the matter of charge in building repairing and maintaining the houses and Officers c. for a work-house in this age where building back and belly cat up all will hardly be maintained much less raised but to be well provided with stock and Overseers rather venture all There is complaint against our now Iudges taking Fees if so they do having yet 1000. l. per annum that Fees might be discharged But these Complainers have one word more to the Law that is they say the great Charter of Normandy they own rather to be the old Norman Laws before William the Bastard then the Law of England though he might well labour to introduce the whole plot Truth it will serve to discover the Reasons of our bondage and that 's all which while Copyholds are not discarded together with Crown Tenure we are not freed of For Fleta and Bracton they say they are the meer heads of Justinians Institutes a little corrected according to the guise of Englands Principles of liberty above the Ancient Roman or State of Greece in the height of the Empire Yet for that exploded by the Kings Iudges For Horn Britton Glanvil they are reputed more English but may be as well Scottish Sweadish or Danish especially Glanvil who if compared with R. Mai. Scot the old Tenures Customes Services Writs c. are the same word for word the other were they who drew the Traditions of our fathers into form by insensible degrees raising debased Engl. to a glimmering of Native liberty in the use of a body of law for it is plain Englands Law unwritten could not be well known by the vulgar Fortescue taking the advantage of the contest betwixt York and Lancaster declares more freedome happily then consists with reason in the letter Now all these books were altogether exploded Fleta and Horn not permitted to be printed but hung up by the licence liberty and all that was the common reading of the Lawyer was the resolutions of the Iudges in the so called Year-Books which have no date beyond Edward the Third there being then a stipend given to certain men constantly sitting in Court to report the reasons of the Iudges so that let them answer at their perill for now their reasons were permanent and brought to strict judgement Yet they still had their evasions in cases of great interest either for one Kings Title or other for Prerogative or Priviledge as particular respects engaged and providence favoured as was evident in the case of R. 2. and his Iudges which lay asleep from him till our late Charls revived it and suffered publickly for it as Richard did privately far the more manly and exemplary way of the two and rational it is for if it be lawful for man to give Law he may and ought to enforce and no way can be more consentaneous to order then that of the body Representative which is not in this case denyed either by the Regular Presbyterian or violent so called Interdependent only they deny this a Parliament as before is said These Reporters wrot till Henry the Seventh there are some fragments of Henry the eight Edward the Sixth and Q. Mary and Elizabeth taken by Students then and since which are called by the names of the Authors as Kelway Petty Brook Dyer Plowden c. with some particular assertions of others but none durst write freely Lord Cook put out several Books of Reports all which being principally matters of Title or betwixt party and party swam down stream Now in most of these were matters altered at pleasure for out of these books it is easie to argue black white and white black Reason was cut into such fine shreads of wit and form which is as vain that judgement was puzled to find something where there was so much of nothing and if any thing were it was so disjoynted a piece in 1o. Ed. 3. debated further 18o. further Process in 23o. and finished 31o. Jan. 24o. ultimo Regis Caroli Rex ultimus Brittannorum A subtile Oracle true and not true let matters pass as they will so that in such a confused study who could learn ought though helped with Fitz-Herberts yea and Brooks Abridgement for the old Books and the late Indexes the least too big for any book of Law for a Nation where each is to be supposed knowing of it and no man excused by his ignorance Now for the Crown Law of which we had no compleat Tract but Stamford the Lord Cook treating of that particular and tacitly in his both Jurisdictions of Courts and Expositions of Statutes holding forth not only the bare letter but a rational disquisition of the Texts they also were estopped and well is it say some if they have not met with a concealed Dominicane Expurgator or Jesuitical Emendator there being such hard hold on all sides for them and against them since published
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
absolute Monarchy is the Government of one man according to his own Will without any regulation So whether he rules justly or injustly hath seemed needless to quaere supposing that the people having simply submitted what ever he doth is just though just reason with just men be his Rule But here is to be quaeried whether such absolute subjection binde the parties so subjecting themselves to obedience in things unlawful and evidently destructive to publike good To this it is Summarily answered that they themselves are not bound for as Nature doth nothing in vain so neither communities of men who act together by pure Naturals that is look at what they call good therefore as for preservation of the whole they agree to be subject who were free so for the same reason visible they may reassume that subjection into native freedom and this the examples of all Ages Nations c. manifest to be the Law of pure Reason whether their attemps were successful or no. But what if bound by an Oath To this I say the Oath must and can work no otherwise intentionally if free then to the general end aforesaid common safety and that destroyed they are loosed for the Law of Nature and for Freedom sake all reason annexes and must annex such a condition to every such Oath But what if the Oath were enforced I say it is absolutely and simply void all Laws in all Nations in pecuniary contracts the Minima hominis damn enforced Oathes then much more in main matters of liberty though the interest of Princes and great men under colourable shews and pretensions of peace and quiet thereby have caused great Wits and great Pens to abandon Nations to the lusts of particular men This cleared in the absolute Magistrate it will be more then clear in the limited that cautioned Freedom how ever obtained and by whom ever must be observed and though that the best ordet is a whole Representative to act in enforcing and judging matters of so high concernment Yet the declarative act of breach of Trust past by the major part execution as with us may be just though some say not justly done that is in manner and form I here admit of Form But some say it had in the formal part ample satisfaction according to the letter of the Law and so was done justly for if a force were upon the house it was by the house and they not questionable but either by the whole people or a new Representative and this till recalled by a more lawful power must be just This was done by Parliament at Westminster the place and a sufficient number of persons to make a Court in Law there was and the Law gives no power to inferiors to take notice of the jangles of equals especially in Supremacy of Power this in Law in Conscience they must look to themselves who did the Act if unjust our conscience is to look to the preservation of just liberties which we have and in a due way to gain those which under pretence of Conquest past or present have been gained from us and by time usurped which these men have promised who are our Representatives that is of the whole Kingdom for their general and great Engagement is First to do the Nation Right next to serve the particular places faithfully for which they are chosen and to see they have no wrong Now of these Monarchies some are Elective some Hereditary this alters not the Cause but may make men more cautions in case of the Nation whose Kingdom is constituted by Hereditary succession For if strict Order be not held with those Kings they at last devolve into Tyrannies that is not onely one to Rule but his Rule to be without any Rule not according to the Law of Righteousness but at Lust and then there is no way but alteration of the frame of Government in Supremacy 2. What is Aristocracie WHere all the Noble men or great rich men of such an estate Rule it is called Aristocratia 3. What is Oligarchy WHere a few men of the rich and noble or powerful overn all it is called Oligarchia and is seldom but a government of few 4. What is Democracie and the ends of all Government WHere there is equality and the greatest number Rule that is called simple Democracie which ever was a dangerous State as newly drawn out of confusion The next is where is the whole body thoose never so vile a wretch he is fit for the place a Tribune of the people and his Yea or No goes as far as Any's An other Democracie is setled in several choices refining the grosser pars by degrees and by wise limitations restraining the way of confused meetings and yet giving just freedoms and to keep Justice pure limiting the Electors as well as the Elected and that not onely by restraints of not such estate or no Vagabond or that hath been such no Thief no out-lawed person no perjured person no servant but some have Christianly added cast out of the Church a common Swearer Lyer Tavern-haunter Prophaner of the Lords Day a Gamester Some now may as well say any one not received into a Church-fellowship This yet being the work of the Supream Magistrate the more warily ordered the State is in reason constituted the more durable By this it is plain that all subjection was admitted for protection and that protection merits and may require subjection and subjection protection that this power imployed against the end is in Law that is the radiance or glympse of Divine Reason in man utterly void and all of them intend but the same thing namely publike good although they seek it divers wayes 5. What form of Politie is best THis past I now come to to quaere which of these forms of Politie is the best Wherein I cannot be of opinion that Aristotle onely out of affection to his Pupil raised Monarchy to the top of Excellency for why should he not as well have set his King above the Laws but this indeed he did not resting in a limited Monarchy wherein the Law was the Kings boundary and surely he knew no King limited but in Greece specially in Lacedemon where I take it he was subject to the Ephori and by them to the Ax and the Halter c. I find the excellency of a Kingdom above a Commonwealth rather by not having the Evils of Ambition and quarrels for Supremacy then the good of Common Justice Right Laws and gallant Spirits begotten and educated T is agreed a King is more easie to be corrupted as is and hath been ever manifested in all ages and though it was then preferred as more easie to reduce for few would then stand against publick interests yet now it being made the Idol of vain men and the Christian world wholly o're run with vanity it is hardest to be reclaimed for things are evidenced to be easie or difficult as interests are Yet Divine Providence hath here blown upon all
presume must be from the hand of a Heathen rather then from the word of promise is the fruit of strong contemplative zeal for the punishment so it holds its due proportion take it from the Turk if you will or Persian it matters not The Turks punishment so it be not Torture may suit best the spirit or genius of the Nation for to burn hang behead or stone all is but death and this difference had Ceremonies so called been lawfull to be enjoyned might have stinted our controversie of old between the then so called Protestants and Puritans for the receiving the gestures set formes of Prayers Ornaments and Formes of and in Church-Service so called And assuredly it ever hath been one of the Devils gyns to fright men from truth and right by miscarriages in the manner c. hence cometh the scandals of profession from the errors if but of one or two hypocritical or mis-led professos we may as well refuse the Scriptures because Heretiques use them and that they lead to Judaisme is a great error for surely Judaising was intimated in no part of the Judicial Law of which any question can be For the exception in Fornication things strangled and blood the last two being meats we are now freed from There is a holy jealousie which is for God and is commendable and there is a pertinacy from interest which is Idolatrous and wicked the Lord open mens eyes especially those in Authority rightly to distinguish that they be not found fighters against God Now who are to expound this Law and settle it and how far their power extends is our next task 10. Who have the power to make Laws and how far that power extends SOme may think that the Judicials being laid down to be the fittest rules for Christians or any men to live by That this Quaere is needless For what have we to do with Law-makers of or among men when God himself hath fitted the work to our hand But these men must know that time brings to light new inventions of sin Satan goes about in variety of shapes and deceives daily and these offences many of them will be difficultly referred to the proper head of Transgression therefore it is requisite that there be a superintendency to oreview these errors and apply a remedy in time according to their rule yet to punish life with life goods with goods c. Now these are various according to the either condition or constitution of the Nation or both the constitution according to setled Law and constantly received the condition time of war or peace Now the time of war being only accidental we are specially to consider acts done according to the setled constitution of the Nation be it by Monarchy absolute or limited or Republique Republiques of all or any sort and their boundary is common and publique good and that either according to emergent necessity as in case the elders of Gibeah had consented to have all their eyes put out for National advantage for in such a case the elders had turned evident Traytors to their trusts but to lose one or either eye This will receive somewhat more ample satisfaction if we consider seriously 11. What are the proper Rights of the supream Magistrate so called Prerogative NOw in the handling of this Question it is fit a little to open what is Prerogative now this simply taken is the Priviledge or preheminence that one party hath either above or before another and so is no more then to have that of right and duty which others have by accident or by favor as to have the most honourable place to be heard first and such like But to take it in the proper latitude it is the sum of all those powers priviledges Rights and Immunities necessary to the Supream Power whether person or persons according to the strict rule that thereby the people may be the better governed according to the loose rule that the people may be kept in subjection and the glory of the King or Ruler exalted and that as to absolute Power over both body and goods Now therefore to treat of Prerogative in such a sence is vain for Prerogative is absolute power and what the Prince pleaseth is his Prerogative and this was assuredly aymed at here Now Prerogative according to the strict Rule is of two sorts that is more or less strict as for example some Prerogatives primarily usurped by time are agreed to and after constituted such as our vassalage of Tenures whether in Capite or that by grand or petite Serj. Escuage Knights Service Soccage or Villenage all which the estates of the Nation have looked upon and not annulled but regulated and the Kings sought to avoid those Regulations Now the more strict Rule of Prerogative is to give the dues necessary and that both for honour and order and safety which both the other are but as handmaids to for the etymologicall fautaries I pass them intending to hold out truth in her native simplicity without the ammusive garnish of needless witty vanities This then agreed what Prerogative is in general from hence it may be collected that what ever is necessary or rather of necessity to the well being of the whole is to be in the Supream Power Now this which is by some and generally alledged as proper to Kings yet must be also in all Supream Magistrates as Dukes Earls c. yea though Vassals or Tributaries to other Princes and must be also in Republiques or where the supremacy of power rests in more then one person whether Aristocratical Oligargichal or the pure Republique viz. the Democratique State For the Prerogative is incident naturally to the Supremacy of power and that of necessity for they are the Superintendents of the whole body and are to have requisites to that Office as necessarily as the father of a Family or any inferiour Magistrate under him ought to have to govern in their bounds precincts limits and places and therefore the Law of England justly in the matter however in the attribute or that to admit comparison with the Almighty might or may offend some mens eares by way of illustrative Analogy gave a kind of ubiquity or omnipresence to the King and so to the supream Magistrate as the first part of his Prerogative his diffused power for common good so ordered manifesting it self in all Offices whereby the publick peace so called the Kings peace was preserved and was necessary every where But as more necessary so more apparent in the Courts of Justice all of which were called the Kings Courts and the Process the Kings c. Now we being ruled by Laws for to avoid the inconveniencies afore-mentioned of pusillage and folly and alterations accidental to the best of men depraved through the fall make this supream power vertually to rest in setled Laws and by them they rule and so neither death folly nor any kind of wrong or injury can by the estimation of Law be done
vain it is to talke of Providence untill we see what are the tokens of Providence Wherefore before I come to handle how particular men may lose their priviledges I shall a little discourse of the tokens of Providence whereby a Nation may apprehend deliverances and see whether there be any certain enough to engage a Christian in what may be called opposition to Powers For to a Heathen to have power to try the event for Liberty is enough to hold his conscience in suspence till the issue to him manifest the present will of Providence but to morrow he will attemp again But the Christian ought to obey for conscience sake the Powers knowing there are none but of God and that he sets up and plucks down whom and as he pleases therefore Christians submit to Vsurpers in Acts just and lawful yea to Tyrants and being enthralled they seek liberty justly that is First When God shall upon their Petitions stir the heart of the Prince to afford them their just dues Next They seek help of their Conservators of Priviledges if any be but these are natural and just to all men Again These seek not out evasions for Rebellion such as some call Providence Therefore let us see further what we can finde in Reason Let a Prince come to the height of private wickedness is this a sure sign God hath rejected him No sure let him err in many acts of Justice to particular persons yet this will not do simply considered that is if it stretches not to an universal end Now some would bound this to the life onely that is if the King or any Supream did not adventure upon the breach of Laws for safety of life there ought to be no opposition Others make liberty others call goods Priviledge but all agree that when he holds none of these he loseth the nature of a Prince and is an Enemy a Lycaon a Wolfe and with Lycaon or Nebuchadnezzar to be driven into the Wilderness till they know the most High reigneth over all the Kingdoms of the sons of men and giveth them to whom he pleaseth and that no Tribe Family Linage or other relation can engage a Duty but he will incline all hearts as he did in several cases among his own people Some Quaere this yet if it were so and surely God may do it for Judgement But O Kings Princes and all Supreams know while there is a body joyned to a soul your foul exorbitances will not be continually brooked but you having led the people into sins with you God will either punish you together or one by another therefore look not wholly to the ingageing the conscience of your people while yours have no bounds yet this is certain Providence is allowable in difficult cases and doubful if we be in bivio in a streight at a loss and Reason and Religion both seem silent or speak not out plain enough Providences following just means is a warranting sign of approbation of the righteous God But in things evidently against the light of Religion setled Law and good Reason Providences I say onely so and most men expect no further assure not at all Yet if effected and setled we must obey but till then it is our duty to oppose which clears us of Turcism By this it is clear and evident That for any Nation to make an other its pattern meerly from Similitude is no way warrantable but their several conditions in all regards not onely of Nature but of civil Reason is to be considered lest we swerve into the puddle of confusion while we seek the pure streams of Government walking upon the slippery bank of Providence These general heads passed which will to some clear all the rest yet to all men of all capacities to which general sort 't is most fit for me to speak to I intend this Treatise We come now to see how particular men in their own free Nations may become absolutely bound or more or less Now to this it is plain that as Nations may acquire power over Nations so men over men yet the generalty of Nations Christian have avoided slavery so called of Christians but why they should do it to others is not apparent except onely in the disuse and that disuse come from the evil of servants multiplying to danger as shall be made apparent afterwards But now as some offences become dangerous to life some to liberty some to goods and some to honor some for a time some for ever as the Law is so are priviledges of men lost or regained and that justly As the Romane Mutineers some banished into Sicilia and never suffered to return some but for seven years some untill released by the Senate as they were guilty in degrees just as now they are by Act made uncapable of office for one two or more years or for ever at the liberty of the Supream Magistrate and surely such penalties will if prudently improved prove the greater incentives to trust and politique vertue Now as particular men are indulged so are Nations and by faithfulness or necessity are incorporated into Free Societies as Wales was with us by which you have the wayes of regaining freedom made plain the justice of them is before discussed but the right of particular men while acted in due course of Law how ever usurped upon affords little matter at least at first to raise objections against the Supremacy of power This asserted to clear all things if it may be we will briefly consider the nature of subjection Whether Subjection and Obedience be due to the Person or to the Power Whether it be local or universal and how conscience binds BY what hath been said before it plainly appears that the Law doth and must distinguish betwixt the Office and Person of a Monarch King c. and all other Supreams upon the like ground by attributing to them properties incompatible or no way agreeing with the person not onely ubiquity and immortality but also infallibility in their Sphears that is not to be able to do wrong while observing their rule this might be enough ro some men if interests had not made us wise to destruction Therefore to the opposers we may seem to look back a little by resolving conscience more clearly That the interest of Princes by all means seeking to avoid the eternal decree of altering Kingdoms at the pleasure of the Almighty by setting up and pulling down at his pleasure seeking to tie the Subject to blinde obedience as well in the universality as particular persons without hesitation simply because commanded is not held forth so much to assure the quiet of the people as to exalt the absolute power of Princes to the dishonor of God and thraldom of Nations And as before either power or consent giving this power the same respectively may take it away except it be a special Ordinance of God which few if any do attempt to make good neither can that Rule upon any ground Scriptural
ballance against Iustice but wind and dust This Machivellian reason is of the corrupt Court viz. men by these private litigations wranglings and contentions are fired in spirit each against other and so are taken off projects against the publick peace of the Nation but a Christian will easily beleeve this reason heightens both publick and private vengeance Besides this blind reason makes no distinction betwixt poor and rich just and wicked men but put all to the Oare and let them tug for Mastery and the Lawyer sets on the bank and with their labour is carried into the Ocean of so gotten riches this I presume sufficiently evidences that the Laws ought to be without any question in the Native Tongue plain and few and nigh at hand Next let us know how we should have them administred wherein waving the private interests aforesaid the matter will be plain for it is agreed on all sides That Iustice ought not to be delayed no more then denyed or sold the Subject demanding this had no more but Iustice when it was granted in the so called Magna Charta Now I suppose this delay must intend not the customary time of lawing but the due time and that peremptorily except in cases of so called Essoyn that is when such due case in Law appears as all reason must agree there can be no proceeding but with greater wrong to the other party then the stay can be to this which is injustice but the truth is to have so many reiterated summons formal and costly for small causes is yea though it were Law that is formerly so either established or practised unfit to be so continued And in many cases formal processes are vain dilatory and ruinous and the Subjects priviledge is that is just mens to have all such excrescences cut off and meet Medicine applyed to the wound the want of which after so many Vows Covenants Promises Engagements c. giveth spirit to the enemy and sets an edge upon their reproaches and deadens the hearts of all true friends to Iustice and Righteousness Some Nations would never suffer the Sun to rise upon a crime unpunished committed after the Sun went down and so not go down before punished if acted after Sun-rise you must suppose complained of and possible to be effected But the meaning is their punishment was immediate others gave three days others fourteen dayes Now the best men alwayes give the least time yet enough delayes whether in criminall or Civil Cases alwayes are the nourishers of corrupt ends if not perjuries our Judicatories are for Civil Cases in some places weekly but the business in formality depends a quarter half and sometimes a whole year let there be justice done under a penalty Now the trick is delay till the Witness be gone or hath forgotten it or can be wrought off or the Jury fitted to the turn The Heathens abhorred what Christians practice for the Criminal part the Sessions are or ought to be four times in the year but the now Lawyers are so afraid of their own Law for it is so doubtful that few but the Superiour Judges who by reason of their places must do or will understand it And hence men for ordinary acts lie sometimes twelve moneths two years in prison by Adjournments and no penalty upon the Iudge for he is seldom evidently faulty but the Clerks no Commission to try him or a defective one whereby the prisoner is without all Remedy Next the Processes for the Tryal before the Iudges are not every mans purchase and the appeal being onely to London the charge which rich men and free men count nothing of is to poor men destructive and unsufferable And we had need call for setled Courts and Laws and the Judges to determine by a day under a Fine or Penalty for in Arbitrary ones and so remote as London from many parts and the Clyent must go himself or his case is lost and undone where orders are gotten to day and then the party out of Town revoked to morrow and Order upon Order Term after Term and Judges sittings uncertain onely when they can be perswaded together What is it but the Abyss of confusion and that which threats most direful plagues and judgements to the Nation let the honour of the Nation be never so much pretended yea though these acts were done to enemies both of God and men solely and onely For pure and holy Justice is prostituted if not ravished nay is then made the Bawd to each exorbitant passion and affection Wise and Just Law-givers must therefore settle Courts in due and fit places times frequent and ordinary yea if it were every day and enforce prosecution under due penalties And in case of appeals while appeals which in respect of difficulties and that of moment may be betwixt persons mean and of small ability that they be setled in due places and ordered in such manner that Right may be done to the meanest not as in the formal way of so called Forma Pauperis and all the Processes thence issuing where the cause is determinable all Dilatory Pleas excluded and errors of course amended and no error pleaded after issue joyned These are principal priviledges of free Subjects but indeed the highest and greatest are least understood or regarded by the many Now whether these Laws be administred in the Towns Hundreds c. is in the Supream Magistrate surely in the County and in a due place there both for convenience of Travaile and Reception of Suitors not in Confinio Comitatus The reasons for and against this will not be worth the while they holding forth nothing of moment more then what is before declared onely this That by this means every County will have a various Law and carried according to particular interests of places and persons but this is not be esteemed for we allow the Supream power the enacting the head Law So that the Law will be the same though the dispensation may be diverse then as it is now and ever will be for bind what you can a wise Iudge will have or make to himself a latitude but if truly wise who will grudge while Iustice indeed is his onely ayme and end But to avoid such and the like Objections If the Supream power settle County Courts both for Law and equity and admit once yearly itinerate Iudges to receive the complaints of Suitors against all other Iudges and for determining difficult matters in Law after the manner of the now Assizes it will take away all the grounds of interested objections against the necessary administrations of Provincial or County Jurisdictions which some frame from the reasons of County as Congregational Independency or their seares of introducing the Churches giving an Analogicall Rule at least of exteriour Governement to the Common-wealth Now having taken this short view of the Laws Administration let us in the next place consider the Qualifications of the Law-giver and Law-dispenser whereby Iustice may be executed
negative From this I shall take liberty to exemplifie It is not fit any Iudge receive a New-years Gift Gown Cloth Venison Mutton or the like from any practizer at the Law as well as from a Suiter at Law for though I would not nor can I asperse any in place of Authority yet these things having been found evil and inconvenient it is evident then that evil may be And as good men must shun the appearances of evil so wise Magistrates must take away all things giving just occasion of suspition therefore it is necessary not onely to have these things setled by the publike Supream Magistrate but also published that so each man may know his duty and for this case it is thought inconvenient any one that takes a particular Fee of any man to be intrusted judicially for many aspersions have lain upon Iustices of Peace Counsellors whether deservedly or not I cannot affirm but it is justly suspected when they have been more fully informed of the Case and pleaded more earnestly then the retained Lawyer for his visible Fee but this is the present Opinion and thought of many who also conceive it just that a Iudge attempted by Bribery should complain to a Iudge duely appointed and the bribe-offerer convicted to be punished as well as the bribe-taker for neither in the Politikes of Christianity will be allowed The next Qualification of a Judge is fearing God in the Law in the Gospel it is the same but hath many parts for sure his qualification ought at lest to be as high as a supposed lay Elder then he must be in Church Communion and not onely not given to filthy lucre but sober or grave in his behaviour ruling well his own Family which now admitted it is a hard matter to fill the ordinary seats in Westminster for such is the looseness of all Government that Government is esteemed harshness cruelty oppression tyranny and worse if worse may be but this is enough to a wise man onely this he must not be subject to Anger that is overcome of it And it is the duty of the Chusers of these men not to satisfie themselves sleightly in these qualifications nor of the people too readily to asperse for unless defects be evident and notorious Wisdom will cover on the one hand and fear of punishment if that be readily allowed bridle on the other for there will be such an awe upon spirits that whom love of duty and vertue cannot prevail over fear of vengeance will I come now to consider by whom the Judges are to be appointed to which it is easie to resolve That it properly belongs to the body Representative none fitter in ordinary course unless otherwise ordered by the Supream Power according to the establishment of a Nation for assuredly the chief Judges are the Arteries of the Commonwealth and therefore a due and just dependance upon the Supream Power is requisite but never would the Supream look to all administrations And if Judges be in Provinces or Counties as is due not onely the sedentary at the elbow of the Supremacy but the chief in the Counties ought to be at least allowed and authorised though the nomination may be in the County by the Supremacy but that all be done in this kinde by an open plain known publike Law is most requisite Now before we come to the duties of Judges we must shew the necessity of excellent Qualifications in Judges in point of due temper both of passions and affections for it is before asserted that the Judge must be bound by a head Law which takes away the pure Arbitrium and also to punishments which he may not exceed and that both corporal and that as well to restraint of Liberty as Correction so called as criminal or purs-paiment And this Prudence allows an extraordinary care in the due choice or speedy care in removeal of unfit Judges which is that principally can free from diversity of Laws according to the divers natures of men in regard of which diversity of spirits as fierce and untractable and quiet and meek the Magistrate as before ought to have power above what is at all times and to all persons fitting to be used We have seen that the want of this and putting men for riches or Family sake or other outward relations as of breeding and the like but no way improveing them in place and honored with judicial trusts yea though but a Justice of the Peace hath made Justice it self either from weakness or wickedness disesteemed whereas let nothing draw from the natural rational Rule and you shall see Justice carry that due Splendor and Majesty which properly belongs to those who bear the Image of Gods name in a more especial manner Among Judges I also must intend not onely Justices of the Peace but Constables yea and Jurors who now are made of men of no esteem and so justly disesteemed For Jurors if they were but bare Judges of fact yet in that they are Judges and ought to have their qualifications accordingly for estate in them it is necessary because their disburthen is by dammage But as to other qualifications respectively as others for the choise of Judges as the the Supream ought to chuse the next immediate so it seems to some that the Judges gradually ought to chuse but that savors more of form then substance for the necessity lieth not in the Judgeship but Supremacy which if wholly in the order of Supremacy devolves into Tyranny naturally as on the other hand into confusion if wholly in the populacy To place it in the Judges is solely to establish interest which yet being most inconvenient is to be waved with greatest severity and care And it seemeth best to place the choice of inferior Judges in some certain men of the people duly qualified with due regulations of necessity to be observed One word to their duty which will on the contrary evidence defaults The duty of Judges therefore is twofold first to hold forth practically as well as literally the true and proper sense of the Law and not to admit Formality Practise or Custome against the letter while the letter holds forth ought of Justice in the setled State at least for that liberty brings all Laws into the meer will of the Judge Secondly where they perceive error in Law which gives just cause of exception it s their duty to declare the same publikely to the Supream Magistrate with a fit expedient whose duty it is to enact a due remedy and establish the same accordinly if upon inquisition the same be found just otherwise not and if they do not they perform not the trust reposed in them for the Supream Magistrate though in the Democratike State where most eyes and ears are at work and jealousies be highest cannot discern each dangerous obliquity in legal administrations therefore they who are intrusted should in their places consult for preventing evils as well as for remedying and this is to have Judges as
a moneth a quarter a year for Tryal and at unreasonable charge and as soon as gone a Tryal if stay a flaw in the Indictment though the Evidence be plain This was Englands old Law and the reasons are the same the alteration was the sweet benefit not Justice or Righteousness Why cannot the Justices in Ordinary in the County try Felons Murders and Treasons as well by a setled Commission as a Special one And in all faults the condition of the fault and the quality of the person ought to be observed In an Amerciament or Fine I would have but one word for all purse-pains for that is just and is our Liberty of old and now ought to be For Murderers of themselves and Murders and Manslaughters by unknown persons let such rule be as is proportionate for Fines to deterr not ruine Wife and Children and enquiry in all by one specially appointed as with us per Coroner but let his power and Fee be certain that he encroach not on the Office of the Justice who is but Inquisitor yet it might be better to give every Justice that power For Deodands let the Law be setled by some Rule of proportion which our Law books hold not forth but solely for the advantage of the Crown so called yet under the Right of God as the Priests portion this seems wholly superstitious For words threatening life let good Sureties be for the peace and let due publick and evidently hearty confession of his unchristian walking be before remission This will quiet all double Controversies For of suing first an Appeal and then an an Indictment first Indictment and then action brings that there is no end of labour Now let us see how Felons are to be apprehended How Felons ought to be accused and apprehended FOR this for the security of the Priviledge of the people we must distinguish between palpable and publick justly known or probably suspected Malefactors and private and concealed yet with some light and possible causes of suspition Now in all known cases and justly suspected every one may apprehend without a Warrant yea if but justly that is upon strong presumptions suspected because of flying but in case of but probable lighter and lesser suspitions no man ought to be apprehended but by Warrant that is the causes of Suspition allowed by the Justice the Warrant is to be granted if he denyes the party may go to another and where ever just suspitions be or a warrant the party complaining except the informations be feigned or causes of apprehension meerly suggestions no suit ought to be and in case the person be obstinate and dangerous or the number many the Civil Officers may undoubtedly crave the assistance of the Military power of the Nation if any be ready or otherwise raise them and it is no dispriviledge at all Now shortly let us see how they are to be dealt withall when apprehended How and where imprisoned How maintained And of the Treasurers therefore ASsuredly things are best tryed immediately as acted and would save much needless if not unjust and imprudent trouble and vexation in the world and then imprisonment would not be a question of such controversie But in case it shall be delayed a short time for it is unjust to delay so long as restraint and charge there happily of an innocent shall bring a greater evil by beggering wife and family then the original dammage Yea grant it were for Murther but put it so Let the Prisons for criminal offenders be only within walled Towns or at least Corporations in respect of the multitude of Inhabitants necessitated to incorporate and come under particular Government not contrary to the general Law of the Nation Next Let them there be maintained at the charge of the County at a set Rate if they have not whereof to live and this according to their condition and if clearly not guilty of offence against the Commonwealth let them be acquitted free from Fees or Fines To this end as before Let the Gaolor and all Officers have Fees from the State out of the Fines Let there be special Trasurers to whom the Atrorney for the Commonwealth shall pay the Fines as the Record is for in this there shall need no abateing of Fines for all men shall still have something to live upon For their imployment in prison let it be according to their Trade if not highly criminal that is for life in which Cases the more speed ought to be that so he may again return to the service of the Commonwealth and sustentation of his particular Family unless a person notoriously factious and dangerous and that in time of danger in which Case better restrain Liberty private then endanger the publike safety Who is Baylable THe answering body for body is now out of use or it had better be and one onely word of bailing used wherein the party is to appear at a day or the Recognizance that is the summ wherein he was bound to be forfreted Now set the Rule certain in high Treasons where the party is eminent and times dangerous surely to admit Bail were vain therefore resolve the contrary for it is no priviledge yet as such it would be claimed and breed Tumults or lay the foundation of Sedition But for misprision of Treason and words let them be bayled but in all Treasons as in all Cases of death speedy trial is of necessity if the ordinary Judges be not sufficient send down either at the Circuit if such may be agreed or adjoyn others of the same or adjacent Counties in a setled way that the Subject may truly know his time for trial otherwise to be bayled of course and set the Judge his power in certain that he may know his duty and perform it without or be duly questioned and his reason known why he denies But for Bayl 's in Manslaughter and the like set down the value as for Example for Manslaughter two hundred Maim one hundred wounding fifty beating forty assault twenty or leave it to discretion of Justices onely put not in men unfit our present shame And thus let all Vagrants all idle persons though seemingly able to live of themselves if suspected or not able to give a good account to the Justice go under bayl for their good behavior or be sent to the place of their birth or if found refractory or dangerous set to work in Bridewells well ordered and sufficiently provided with good wise and faithful Visitors Justices of the Peace there to be till enquiry be or certificate of their condition that order may be taken accordingly Now for the Trial of all persons let it be as speedy so publike and with one Counsel no more if they please who may freely and openly speak the Law and no more not manage evidence as is now used and if the Judge denies the Law let an Appeal lie to the next Circuit under the Councels Hand and with his Reason but if the Judgement be affirmed let
to the complainant to be immediately awarded and delivered within three dayes under the penalty of a Fine Treble value for the time it is holden above three dayes to the rent for half a year For obedience in Civils must be rendred to mistaken judgements final or primary if final for ever if primary till death of the party unless he lives ten or twenty years for it is fit to set a time after such judgements that so it may be fit for a Purchaser who may otherwise pay his money and lose his land if the Demandant or Complainer be not able to make good his Title let him pay the Fine for the charges of the Defendent as is adjudged in open Court and then let him be dismissed which Fine must be according to the nature of the offence and the estate of the party both being considered How Equity is to be pursued BUt it may happen that part of the money in a personal action or complaint is paid and that the land is forfeited in case of a Mortgage upon a Cause equitable in Law as enemies hindred great Waters robbed going to tender the money and bound or the like not voluntary neglects as now whereby the controversing in Courts is more expensive to the Subject then the Army which appearing in the legal Court before the Judge there let him transmit the Case upon his word of a sworn Judge that is intended upon his Oath that there is just matter of equity and let him see the Case and examine what Witnesses he pleases and fend for what other he judges fit always provided he decrees the Case within a set time as ten dayes at the furthest and then let possession be continued or adjudged as the Case requires This also must be pursued that no rule at Common Law or Order so called in Court of Equity but be Ingrossed Read and Signed by the Judge before going out of Court Now to some there will some difficulties arise at first what needs this double work may not one Court determine Equity also Next the Lawyers will never agree an Order with the Judge in Court advantages are so sought and preferred as daily experience manifesteth Whether Law Courts and of Equity also are to be FOr this it is most certain that while men we must in all lawful ways give satisfaction to the experienced evils arising amongst men and that as the evil is capable of reformation heretofore many delays and draynings of the truth in a set legal course was thought a good way or at least so pretended to make justice pure form was set up to an eminent height and seeing the Idol men bowed down to it and it was thought better to part with some real Justice then lose a shadow which gave refreshment to so many c. Now this though it may have shadow which as the world grows past amusing will fall of it self so it hath substance for the work is proper to another judgement and of it self likely to be sufficient for one Court especially if those men be impowered to hear and determine all small matters of equity as it is fit The other Judges in Civil Courts should do all matters of trifle and also all suits both legal and equitable of poor men What and why pleaders are to be and their Duties SUrely the knowledge of the Laws municipal and just and righteous setled Customes of Nations which are Laws are highly to be honoured esteemed and provided for they are the left eye of the Nation as the instructers of the Nation in the knowledge of divine wisdom are the right eye Now to draw men to such labours there must be some allurements we had so many that of late years it drew all the prime wits and parts of the Nation that way and all the Courts being at Westminster the whole Nation during the so called Terms was void of requisite Government for these wits to maintain and encrease their honour and riches had made the Law so difficult that good honest Knights and Squires in the Counties yea though they had studied the Law durst not venture upon a matter extraordinary how then should Citizens and these and the Attorneys by the adjudges tricks and niceties had buried Justice past finding out by Juries each man had his legal quillet to deceive the honest man prejudice the State and yet satisfie his so called conscience Now if pleaders be rightly used then they are no more but men skilled in the Law who are for the party who chooses them for their Councel that is such upon whose judgement and skill in Law they will depend to make good the Law for them to the Judge to manage evidence which some have been famously infamous for to do what they can for the Clyent that is by lawful or unlawful wayes to get the day is most unchristian Thus yet old Lawyers through tricks use to deceive young Lawyers and unpractised Judges or old or sleepy or such ignorant ones as have been admitted and continued till they with credit of conscience left their place therefore it is unfit any Lawyer speak but to the Law and that only to the Judge and that to enform him and require his advice and that he ask these questions Let all these Lawyers after admitted to plead set in the Court below the Judges covered but when they speak and any one as a friend to justice though not retained may speak to the Iudge his opinion And let all but the present pleaders be as assistants as to so much as information of the Law according to their skill and knowledge let but one be retayned for one man and let not his Fee be above two shillings six pence and that a supply be let each one have a pension or an office from the State and then in case it amounts to a competent salary it is better to allow no Fee at all The objections of laziness and the like which will ensue upon this are no way answerable to the necessity of giving stop to the immoderate labouring after riches now in this generation and that onely to be Fathers to a lazy idle ignorant gallant Son c. What Attornies are to be and their Duties MAny will think Attornies as needless as Courts of Equity and so they are yea truly not of so much necessity yet much good there is in Attornies But so many is to nourish knavety and shew an unchristian Commonwealth for many of them cannot live no more then many Lawyers without much contention Which shews strongly that our Commonwealth is but baptized Christian with water not the Spirit of love meekness gentleness peace long sufferance forgiving as we would be forgiven Oh the sad case of Christendome so called I must grieve to think of it though others laugh at me But while all men are not capable of the plainest forms of Law it may be conceived requisite to admit men who shall appear by their warrant to answer for them but
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
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
malice of the enemy subtil to deceive they generally drive at two things Community and Parity the one against the Tyranny and Oppression c. of great men in power the other against the covetize selfishness luxuriousness c. of rich men Now these things O you great and rich men do most assuredly as you rightly conceive tend to mutiny to nourish feuds and envyings betwixt the multitude and you All that I say is remedy not these evils by worse you know what Beast you have to deal with it s of such stomack and force that Prudence must have the honour of the management if you subdue know its but by a part of the Beast you must admit the Allusion and what in the winding up hath been the issue of these things the Pretorians at Rome the Mamelucks in Aegypt and others now testifie Consider therefore what you have to do God hath set all these as signs and tokens to you if you fall the evil is of your selves your improvidencies lightnesses and instabilities your odd and incertain followings of providences evidence your fears those your doubts those the error of your principle all things work contrary O that every interest now could lay it self down at the foot of Jesus and say I part with all for thee and then take up all it hath as from him and of his gift and be ready to part with it to morrow Should we then live as we do now How many would then give to the poor to day lest they should have nothing to give to morrow How would they then not delight in luxurious Apparel Housholdstuff c. wherein multititudes of riches lie dead and buried lest another should enjoy them to morrow I know this to some melancholy spirit may give occasion to think I aim at or give too great footing to Community and Parity for they should in such contemplations cast away all but I speak to the setled Christian who knows its lawful to use the world but all in due order and as its lawful to recreate but spend more time in prayer then in playing so it s lawful to rejoyce in and to have that we may rejoyce in outward blessings but glorifie God with a greater portion to the poor then thy superfluity amounts to I intend a due and just reproof to excess and prodigality Keep not all horses and doggs some poor not all in cloathing thy self some to the naked and thy self with moderacy and yet if thou dost these things thou meritest not Heaven but thou avoidest the scandal of men Now that this is not done is the fault of the Magistrate O Watchman its thy duty but thou settest up for favor and by-respect lazie idle and ignorant and some evil Watchmen therefore the work is not done and that thou mighest trust these thou madest thy Law to extend to each matter or so intendest and this was for two reasons one that fools or any might not err for the Letter was their guide the other that they that would abuse their power might not and by this not having each week a new Law as occasion grew Justice and Government is lost for act by these particular Laws who can in one hundred thousand things justly requiring remedy The poor are thus sold for less then a pair of old shooes If you would give a remedy to this authorize some few or many who shall examine and determine all actions by or against any person not worth an hundred pounds for no Tryal can be under twelve pound and the eighth part of all a man hath indeed of the thing in controversie to be spent in trial of whether my horse be mine or thine my knife nay the sheath of that knife is a woful thing in a Christian Commonwealth I shall not declaim against it but onely say its contrary to the worst of Heathens proceedings I intend not to make the wound wider while I desire healing the difficulty seems to be onely to perswade men this is a wound I have been as lenytive and gentle in opening this Orifice of the ulcer of the Law and its practise as may be I acknowledge it my Profession not my Practise and I account this according to the Head Rule of Englands Law rather the Practise then the Principle the error of Custom and interest from men then of the Law I hold forth nothing for Law which is treated of in the Laws of England but according to the general rule of that Law holding nothing contrary to the Law of God or just reason to be its Rule all which I am ready to all or any particular to manifest when ever called thereto And now I come to speak one word to the people You are of many sorts and many interests you have but as I find the worst and wickedest as educated professing Christianity I advise you first to labour as such to approve your selves you have its probable been most of you Baptized the Covenant is indelible after once you have I say not been Rebaptized or Baptized with the Spirit but owned that Covenant in the name Baptism you are a debtor to the Lord Christ of all the duties of the Gospel This then O poor Christian goes far it s the Magistrates duty to rule well so 't is thine to obey well 'T is the same with you as with the people in Christs time when the great and powerful men speak the Law and hold forth duties of Righteousness do as they say however they do It s the Magistrates duty to hear and receive in a right way just things from you and by the implicite Reason of power onely to vote them unreasonable and scandalous is unsatisfactory but if they do so remain you in your integrity break not out against them untill the Lord shall open a way he will do it in his due time go on and satisfie thy soul in thy own righteousness I say so Comfort thy self in the mercy of thy God who hath given thee to see others failings and though thy condition be poor and needy yet break not out This I say of this great scarcity which hath faln upon us wherein I believe many have perished yet the evil hath light on the rude stubborn disordered poor against whom mens bowels have been shut up walk therefore according to the condition wherein God hath set you exalt not your selves against great men no nor against rich men they will be too mighty for you poor and proud is a high judgement it brings misery with rejoycing I know many of your souls die within you when you see the wicked full their eyes stare with fat you wait upon God and your children famish yea many hence think God regardless so unjust at first at last deny him Fools know 't is his Wisdom he punishes or tries or both he punishes the body in the want of temporals for breaches of duty to thy brother neglecting the creature or abusing it and the Creator in it He tries
thee for his glory was he unjust in his dealings with Job then note that poverty is no shame Christ hath sanctified it no nor death no not on the Cross if as Christ the Captain of our salvation thou beest made perfect through sufferings not so if thou blasphemest c. And now one word to the Teachers of the people Take heed to your selves lest while you preach to others your selves become not castawayes Some of you call your selves still the Clergy I pray evidence by what special right or title next you claim special Ordination pray agree to what end we are jealous of a many among you that would ingross all knowledge of the Gospel by as gainful a Trade as others did and do the Law Briefly thus If you have an infallible Word shew it if but a humane and that that be attainable meerly or more especially by Learning and that by disquisition knowledge shal encrease then shew how parts and graces are distinguishable and whether you wil quench the spirit altogether or allow it altogether or what or how tel me why a brother a member of the congregation by them approved may not improve his Talent to the edifying of his Brethren as well as a Batchelor of Art or Master before ordained as you call it Common Place as you call it and that often more sorily then an honest Bibling brother that never came at the Colledges though at the Schools of the Prophets I cannot disallow Pastoral designation and so in order from Pastoral or Teaching abilities but to rest in designation any more then in ordination is incongruous I know this opens a gap to fears of maintenance but I see none justly I pray God your standing off open not wider ones If you be not the chief you are none what is the cause of your contest I profess I am not prejudiced against any person I have been inquisitive into intendments and I judge the tree by the Fruit may not man do so is it not consonant to reason When do you leave your Parishes generally but to get better greater Livings you have made the notions of the Religious a call from one people and assent of the other call but stales to your additional maintenance I agree maintenance necessary but I dare not boggle with the things of God speak right out eight score be it so is but sufficient by the year to maintain any Family and till I come at that I will not hold me to any call you dare not do it abuse not your selves many see it say not else you can have so much in another place This is the beautiful Harlot your hot and eager disputes are the Alarms to our continued feuds I cannot speak this to all for there are some who imitate as much as this Age will permit the example of Christ their Master and what ever their opinions be in Politicks they submit to the Powers for conscience sake and what ever they may think they unrake not the coales of dissention much less will they blow them to a flame here are all our griefs here is one wound so long kept open hereby is all obedience in all degrees lost and extinct no respect of Magistrate in any degree the truth is the unfitness of some Magistrates in not having abilities and of others in misimproving them and so of Ministers hath heightned by a just judgement the evil of contempt on all sides the retaining and so eager seeking unwarrantable interests will make the Callings I fear suffer by bringing all into question my reason is This hath been Gods way here now and before As all things necessary to salvation are through the goodness of God plain and evident so all things necessary to righteous Government what Magistrates stumble at is the perversness of people in pursuing unjust ends to or against their fellow-brother but especially in cutting short or tying him up too strictly in the requisites of honour order and maintenance and that for the Publick The people stumble at the Magistrates evil using and greatly abusing his Trust and power to self-interests professing for the publick but intending and visibly bettering self It s a received Rule The disease is more then half cured if the true reason be known O you Magistrates and Law-givers you have the first part to act be you righteous evil and disordered people are the manifest tokens of a loose negligent Magistracy It s evidently easie to settle a Nation more numerous more disordered from ignorance and will then this is in the time we are discoursing how far the Magistrates power extends in Religious things or in a Politick consideration what shall be done when the Nation is setled before the settlement be made or agreed upon let 's not to avoid the evils of the worst of Levelling so called give advantages to their designs or proposals Let 's walk so that we may by reason as well as power maintain our proceedings before we undertake le ts resolve to prosecute or surcease upon evident and publick reason the want of this hath disobliged more then ever the Covenant or Engagement bound And as I begun with you in Supream Power Civil or Military or both so give me leave to end when you first engaged when first you began this great work of Religion and Publick Liberty how hot and spirituous were you when great oppositions and many designs were on foot how watchful when you were running for the Goale and striving for the Mastery yea as your selves said venturing for your own Lives and Liberties how regardless of bare forms how then could you look at publick good in the nighest safest way you could then lay out your way besides the common Road without the formality of suing out an Ad quod damnum yea what strength of reason could not untye the Sword did cut Thus are the burthens snares and vexations of truly religious people gone as to the conscience Thus far you have been sincere in your Obligations to God be also as faithful in your Trusts to the Nation I would not have Judges taken away root and branch Judges are found in Holy Writ yea such in power and Authority as we desire to have we desire Justice should flow like streams and Righteousness like mighty waters the want of this impoverishes the Nation I am in such place that I see and know it yea I beleeve let it be rightly scanned it will appear most costly more ruinous and more enslaving then two such Armies and as now practised more intolerable then an universal Toleration so often charged upon you Now the Lord God of hearts lay what is written to all your hearts and grant that you may go on as you have promised namely according to the great Trust that is upon you from the people you proceed in procuring common good which is the true and ultimate end of all just Government and by a right aim at that direct all your actions and not cease to improve
in Germany and England ibid. William so called the Bastard or the Conqueror admitted King of England his claim his reign ibid. His politique settlement p. 24 His successors tyranny p. 25 The opposers and how quelled ibid. The gate God opened for freedom p 26 Magna Charta and Charta De foresta granted ibid. The Pleas of Kings against them ibid. The Judges and Lawyers absolute interest serving Kings tending to enslave the people ibid. Some Judges hanged for it ibid. The contest briefly examined pag. 27. Why the Pope suffered these contests ibid. The Popes policy to avoid Reformation from Princes ibid. Gods witnesses against Romes signs and her dealing with them ibid. The Pope and Princes strengthen each other pag. 28. The Kings of Englands best title is from Parliamentary elections and the reason ibid. Princes liberality to the Churches ibid. Parishes erected ibid. God still raises up witnesses against Rome ibid. Incestuous Marriages from the Popes dispensations in most of the chief Families in Europe pag. 29 The Kings labour to exalt Prerogative ib. The settlement of the Court of Kings Bench Common-Pleas Chequer c. ibid. In whom the choice of Judges and how ibid. Court of Wards erected c. ibid. Court of Star-chamber erected ibid. Admiralty and others Courts c. ibid. Luther and his Quarrel with the Pope pag. 30 His Doctrine ibid. His Abettors few if any ibid. His opposers all Christian Princes ibid. Hen. the 8 th of England writes against him ibid. The reason of the Princes siding against Luther ibid. Henry after quarrels the Pope The Reason ibid. His halting twixt Popery and Protestancie He seizeth the Monasteries c and the reasons pag. 31. How he rewarded his instruments ibid. Edward the sons zealous Reformation ib. Maries cruelty pag 32. Elizabeths deliverances and succession ib. Popish plots against her upon Reformation ibid. Englands laws distinguish twixt a Papist in Opinion and in Faction ibid. Englands Law at Elizabeths coming to the Crown ibid. Recusants why so called ibid. All Protestants agree not to Elizabeths Reformation ibid. Their Reasons and uninterestedness p. 33 Some of the Parliament men questioned by the Queen ibid. How she misliked the so called zealots ibid. They flie into Holland and they print freely ibid. Against both Magistracy and Ministery pag 34 Yea against the Queen in regard of manifest error continued both in Church and State ibid. Her Potency and relief to her Neighbours ibid. James succeeds Loves not Puritans ibid. Yet distasts them not ibid. Advances the Interest of Prerogat Courts ibid. Takes away the good old lawes to increase revenew ibid. The succeslesness of His wise Councels p. 35 His policy to subvert the freedom of Parliaments ibid. His way discovered ibid. The end then aimed at the subduing Scotland absolutely ibid. The Court party ibid. The King would not agree to Arms. pa. 36 The cross dealing of the Scotch Presbytery with King James ibid. Some lawes made in King James time how diversly executed ibid. Charles Crowned with great joy ibid. Disgusts against him in his first Parliament ibid. He gets mony and dissolves it ibid. Breakes his Royall word so called in his grant to the Petition of right pag. 37 The State of the Church here at the beginning of and during his reign pag. 37. 38. and 39. in the pride and dependance of the Hierarchie seeking by unjust wayes to raise private estates out of the Church revenues ibid. Their little regard of Blasphemy drunkenness c. ibid. All they sought was unity and by uniformitie ibid. Hate against good men ibid. Their policies to bring in Popery ibid. Some of their errors repeated ibid. The civil state considered pag. 39. 40 The King lost his Militia in all kinds ibid. His Lords given altogether to vain sports c. ibid. The Gentry follow them and the Yeoman them and so all order is broken ibid. Justice wholly turned into form and practice and destructive in all the pooceedings of Law pag. 40. 41. 42. 43. 44. So the first step to introduce generall poverty pag. 45. 46. And that demonstrated by consideration of the parties suing ibid. The process what whence and by whom ib. The Courts of Tryall above and below ib. The Attorny and their practice p. 43. 44. Declaration and Plea ibid. Issue single and double ibid. Jury ibid. Verdict ibid. Stay of Judgement ibid. Judgement ibid. Stay of Execution ibid. Remedy in Chancery the worst evil p. 45. 46 Sollicitors what c. 44. The reasons of all this Error pa. 45. 46. Priviledge of Persons and Places discussed pag. 46 Witnesses and the abuse in them ibid. Most ordinary matters in practice undetermined in Law pag. 46. and 47 Cheatings in Bargains sales and all conveiances pag. 48 Englands Law practicall only so that Government was subverted pag. 48. Coppy-hold or base or villein tenure discussed pag. 48. 49. Want of Forcing Plantations another causes of Englands povertie ibid. Inns Alehouses and Taverns another cause ibid. Marrying of the poor too young another cause and debilitates nature and makes unfit to labour ibid. Englands good lawes for maintaining honest laborious and punishing idle ones enervated and neglected pag. 50 Considerations of binding out poor children apprentices by the Justices of the peace p. 50. Difficulty and varieties of Lawes the Lawyers Gins evidenced ibid. The Criminall part of law neglected and how pag. 51 The policy in ruining the old frame of Englands Government ibid. The policy to evade the discovery of this ibid. London the great Monopol of Trading pag. 52 Monopolies one of the Royall trades ibid. The Kings policy in ship-mony and the end ibid. Kings Charles intends War pag. 53 Intends an alteration of Government ibid. That the alteration was made of necessitie ibid. For a ground he imposes the Eng. Liturgie upon the Scots ibid. His carriage to engage a deeper War ibid. He is necessitated to call a Parliament p. 53 Breaks it and necessitated cals it again ibid. The King seekes mony pag. 54 The King disables himself to dissolve the Parliament ibid. The Parliament questions Strafford ibid. His pleas the Parliaments answers ibid. The King attempts upon some Members ibid. The Parliament sets a guard ibid. The King practizes the Army ibid. 400000. l. Raised and the Army disbanded ibid. Ireland almost lost ibid. The dislike of the people to the Kings encrease ibid. The Bishops questioned and discarded ibid. The King flies pag. 55 The Parliament arm ibid. The King fled the Convocation follow ibid. Many Lords and Commons go also ibid. These he cals his Parliament at Oxford ibid. The Lord Keeper flies to the King ibid. The controversie twixt King and Parliament as it stood controverted between them ibid. The Nationall Covenant agreed on ibid. And the Nature of it ibid. The Kings aime in setling Government pag. 56 Exemplified in a demonstrative particular ibid. The disadvantage to the Parliament by being only defensive ibid. The divers interests that followed the divers
all which laws are still binding as accompted morall though neither wholly accepted nor neglected the mystery of the Trinity being by some impugned the likeness or similitude of God made now in the shape of man the most dangerous Idolatry his name blasphemed and no day kept as it ought though a day professed for his service but of this anon The other laws were relating from man to man first setling the rule of obedience to the then generally supream power being especially paternal whose Complaint the whole congregation were Judges of as executioners then he comes to the special and highest crimes of Murder Adultery Theft to secure life chastity property and for a further assurance gives a law against false witness and as the ground of all and root whence these vices flow forbids covetousness Now these laws were given in terror as Moses saith to prove them that his fear might be upon them that they sinned not yet all was too little to hold in so stiffe-necked a people and after these general laws as the heads of common Justice in the root and branch he gives other laws for all occasions both in respect of Magistrate and People Master and Servant Parent and Child Husband and Wife Enemy and Friend or Confederate and that both for War and Peace and that with respective security both to day and night and that for life Maime chastity goods good name and that as a beast might offend with respect to him as the Oxgoring yea to beast as a sufferer as wandring yea and to the wholesomness and means of healthfulness of men not only in their wandrings but in their settled habitations remaining still the host or congregation of God not to have any defilement open to veiw for all which I refer you to Scripture with the rest of the heads specified from the twentieth of Exodus and so onward and having thus settled an outward law of peace and rest or War and Captivity or other Judgements bound and assured by threats and promises the Lord now proceeds to the establishment of the manner of his worship which was and is generally holden wholly typical and ceased in our blessed and eternal Saviour the Lord Christ Jesus and this I wholly at present omit to enlarge and now come to the third thing considerable which is the manner of execution of these laws which was very severe as you may see in the punishment of Corahs sin and so in Achans The men wives children and all were punished not only by God as in Corah but after by Joshua in Achan a terrible God a terrible law and terrible execution yea the law was extream rigid if we regard the proness of mans nature to offend what a poor man to gather a few sticks for his necessity upon the Lords day and dye for it what the Princes and holy men that knew as much by themselves as by Aaron all devoured by an earthquake for their zeal in offering sacrifice to God the people were so sensible of it but in presumption that next day they blame if not threat Moses and Aaron for slaying the people of the Lord. Now these laws were the then rule of the people of God and by these did the people of God under the whole regiment of the law eithr justifie or condemn themselves So Joseph How shall I do this and sin against God So David thy law is my delight my continuall meditation that I may not transgress thy will so Job Thy waies have I kept and have not declined from them and so the yong man in the Gospel All these have I kept from my youth up and Paul after he was enlightned justifying himself in his integrity against the Jews his now persecutors sayes of himself As to law blameless that is he knew not nor could any one tell how to accuse him of the breach of the letter of the law in any title now if you ask whether these laws were the best or not I must tell you that most undoubtedly the laws in general were such laws as no Nation in the world nor altogether had from themselves so exact a plat-form of government but surely some of these were but particular to that Nation and that as our Saviour saith in the case of divorce yielded unto rather then given for the natural inclination of the peoples sake or by reason of the frowardness of their disposition which our Saviour calls the hardness of their hearts specified in divorce and also as that of the law of jealousie That law for unclean and clean food I accompt rather typical then judicial Now to all these laws were Promises annexed in case of obedience Threats in case of disobedience which were often reiterated by those special Prophets whom the Lord raised up in the several generations under the Judges Kings and Kingly Priests untill the Lord sent his own Son to declare his will unto his people in the fulness of time and though Moses were faithful yet that was but as a servant as saith the Author to the Hebrews but the Lord Christ Jesus who is the Apostle and high Priest of our profession is sent from the bosome of the Father to whom the whole will of the Father was known and in these last times God speaks to his people by him even his own Son whom he made heir of all things who being the brightness of the glory and the engraved form of his Fathers person and sustaining all things by his word hath by himself purged our sins and sits at the right hand of his Father wherefore we ought with all diligence to attend to that heavenly doctrine which this our Lord declares for if just punishment were retributed by the Lord to them who disobeyed the word spoken by Angels how shall they escape who neglect the Gospel given by the Lord of Angels the Son of the Father to whom the Angels are but ministring Spirits him of whom all the Prophets fore-prophesied even the Shilo the Messiah the Saviour who should save his people Israel and lead them through the wilderness like a flock of Sheep under whom they should lye down in the pleasant places of rest and none should make them affraid He that was now expected by the Jew and so much the rather as fearing bondage from the imperious and flourishing Romans and hoping of salvation and deliverance temporal Grandeur power and dominion by his puissance who was to break all Nations as a Potters vessel and thresh them with an Iron Mace to whom all people must bow down the mighty Councellor the Prince of peace and his yoak must be upon their neck and his government upon their shoulders till time should be no more Now lets a little consider how the state of Israel or the Kingdom of Judah stood at the time of Christs coming That they expected the Messiah is evident they seeing those things fulfilled which were fore-prophesied of which sure they were diligent heeders especially being driven thereto
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
inferior places But assuredly the foundation of this mischief was principally in the abused practise of the Courts of Justice of this kingdom which holding also a Jewish dependency as before was hinted there was no stint of strife for the Law admitted appeals and what was so called the Subjects due ought not be denied them so that if you had either a knavish or a powerfull adversary to deal withal which power is manifold as either a great rich man or greatly friended by the officers or els powerful in a joynt stock as a corporation whose united purses have ruled over all justice and righteousness whatsoever in many places you could not get right but with repentance that is loosing by the bargain the particulars I shall demonstrate after this ruined many discouraged more discontented all except the gainers which were and are such a rabble and bed-roul of names in both Laws as would amaze a wise man much more a Christian for whereas a Christian saith let all things among you be done in love and let the brethren judge your differences that is without litigious pleadings after the manner of the world but with that quietness gentleness meekness and botherlike affection as the Gospel of Christ holds forth and the prudent man saith let it be before wise men duly appointed in a time convenient and with certainty and what one Judge cannot determine either for difficulty or doubting let aid be joyned and right done and that whither according to the exact letter or the rule of conscience The Laws of England held forth all things in practice I say in practice for the general rules or foundations of Englands Laws are good wholsome and sanative absolutely contrary for it held forth in the letter you should have right for every wrong this general rule was good but discend to the particular The Quaere now is what remedy for the wrong an Action you must prosecute But first it is considerable by whom this Action shall be brought for long suites and expensive have bin had and then the party ought either to have one or more joyned with them or where the Action was ioynt it ought to have bin sole sometimes in the respect of the nature of the Action sometimes in respect of the way of assessing or recovery of damages next it is considerable in what Court for ofttimes 100. li. hath been spent in the Court and then the Court had no cognizance of the business yet the ablest Lawyers in England advised within the case or so accounted as most favored c. But grant you hit the Court then the Quaere is what Action for one hundred Actions have been prosecuted in the right Court and before right and due Judges and by the right person and then the Action mistaken it was deceit and should have been a Trespass or a Tespass where it should have bin deceit so almost in all matters of higher or lower nature next agreeing what Action where shall you begin your suite out of what Court have your process and for your process whither from above that is the Kings bench which now holds cognizance of all pleas or the Common pleas the proper Court of all Subjects differences betwixt themselves at least in the Common Pleas by original in the Common bench by Latitat or els in the Chequer by a Surmise that you are a Debtor to the King or below in the County or City if the sum be not above their Trial and for the Chancery and such other Courts a Subpaena and then the several Writs must be issued in due course or all is nought Next for the execution of the Writ there is for the Chancery c. either the party plaintife or some other shows the writ to the Defendant or leaves a part or the body of it so called as the case requires at his house and if he appears not process issues against his person but upon the other he must be arrested by a Serjeant of the Mace so called the officers of a City or a bayliffe whether common special or of a liberty there is not much difference they are much alike Now these mens livelyhood is under the Sheriffe to execute writs of all sorts to judgements and Executions they have a fee proper from the party but that was set so long since that it is not a sufficient maintenance now and rather then take paines to raise that well foreseeing the trouble it would bring to alter all Fees in the Nation they let them gripe the poor and abuse the rich and wrong all Yea assuredly they many of them take hire of the Debitor or Trespasser not to see him and of the Plaintiffe or Creditor to see him as the searchers or under-writers for customes formerly or now for excise may do either for prohibited or custome stoln goods So that ofttime the charge of arresting is as much as the Debt and it is generally known that these men are the worst sort of men the old Law was none to be arrested but to find sureties that his cause was just and that he would prosecute with effect but that just Law being too hard to many poor men to surmise the best was not remedied but by practise that is the unwarantable proceedings of Judges Totally abolished and now a bill of Middlesex may abuse any man unknown and the law is made a stale to the both foolery and knavery of Sycophants or worse there is much pleaded for this arresting by Bayliffs as first he is a known and sworn officer I say only if he be so let his Summons without a Writ or attaching the person be enough and if twice summoned let him be proceeded against as to his goods who will not appear provided he be at or in Town but this is beyond my taske intended here There is another way of making the offender appear which is by Utlagary used very unjustly and so confessed but as good as the rest The next thing is where I must lay my action that is in what County And many times the action is laid in London for a matter of so small moment that a journey to London of himself and witnesses eats out all the gain justice gives especially when small matters are removed outof the County justly as I will say in this case they being indeed above the now proper rate of County or City Trialls or else unjustly as when a man is arrested in a liberty for five pound or forty shillings only which is there triable he gets himself arrested also for a greater summ and so removes both to London now for these proceedings in abuse of the common subject of the Nation in Law-proceedings believe not I can or hope to open all the sleights tricks quillets fetches deceits knaveries and abuses with the irrelegious abominable prophane juggles thereof it being in the whole practise I say practise of it nothing else but vanity and wickedness I am loth to say robbery extortion
and such like epithites which some mens zeal bestow upon it cauterised under the scourge and lash of a long pilling polling suit hurried from Town to City from City to Country from Court to Court Hearing upon Hearing Order upon Order Judgements and Verdicts both so called and yet in a labyrinth not onely Term after Term but year after year and still almost as far off as ever if not further no I aim but to give a clear light that our Laws practised are not the Laws of the Nation that is a set rule of Justice but usurped upon us by evil men they are as practised neither according to natural reason the foundation of the Laws of Nations nor Religion the Law of the Almighty Wisdom pardon my zealous digression I now return to what I had omitted which is that by Law that is the custome allowed A Sheriff or under-Sheriff shall make Returns of Course onely for the benefit of Officers as for example that the party was not found within his Baylewick or that he hath no goods c. when both are contrary yet he is sworn to excute all Writs truly but this is no perjury by or within the judgements of any the English Judges because not being within the niceties of their wise sayings or resolutions no more then thousands of other perjuries which though they may excuse themselves for because the Laws of the Land so called look not at them as the Judges of such perjuries yet that they get no other Law established seeing the great want for redress of such matters they finde before them will be their or the Lands afflictions at last but to go on in a course of Triall These difficulties over I must now put in my Declaration that is the narration of my complaint into the Court in writing and that not in English but Latine though I understand never a word and that in the form the Law requires though I can tell no more then the meer matter of my wrong And in the same manner must my adversary so called also though little wiser then my self But to help out this we have Attorneyes so called allowed Deputies to answer for us skilled in the way of practise and these men they do even do what they list for the Client so called is seldom knowing of practise and he hath so much first for his Fee then drawing the Declaration or Plea which is either general or special and though done with much difficulty and charge is oft mistaken the one for the other again double pleas are exploded and though great advice taken which matter to plead the best is left and so left remediless at Law unless a new bout in another Court help him or else the Chancery either of which remedies is generally worse then the disease Now the reason of Attorneys was this as riches multiplied pride and outward pomp encreased long suits came into fashion and to maintain Officers it was laboured for to avoid further suit by these means to bring all Trials to the upper Bench or common Pleas c. And pleadings ordered wholly in form and in Latine which what for ease and what for the so pretended being so made necessity namely keeping of Records as presidents they were admitted and to get an Attorney was difficult in such chargeable prosecutions which to remedy they were allowed privilâ—dges as Officers in some Courts yet being the Clients Deputies they were the Plâ—…ders or Serjeants I say no more servants and carried their baggs as divers of them did throw in their teeth upon discontent though they have now almost shaked the yoak off their shoulders Give me now leave a little to speak of Attorneys and their practise which almost over-ruled the whole Law First the Judges though the Licenser or allower of Attorneys yet receiving great part of his extraordinary revenue from him as upon Fines c. Next the Serjeants upon all special pleas and the Serjeants and Câ—…ellor upon all legall proceedings the â—lient being generally if not wholly led by the Atturney they were the principal men and Lawyers grown numerous many would covenant to have half Fees with the Councel I profess and averr that a late Judge did being a Serjeant declare it to me as an audacious part of I. B. whom I then found going from him with these words Paultry saucy Knave cast after him by the Serjeant But assuredly they were grown very knowing in the practical part of the Law and some of them have among multitudes of more had these abusive practises laid to their charge against the Laws as taking of Capias's from the Common-Pleas yet never filing an Original This redounding meerly to his profit abusing the Officers of the Court to inrich himself and not advantage his Client for the Cursitor so called looseth one shilling the Philizer one shilling two pence c. So that the Writ which is six shillings two pence cometh onely to him except for the Seal seven pence and if this be discovered before Iudgement though after Verdict I believe it would overthrow the whole proceeding So in suing forth the Capias utlag For whereas upon true practise a Capias being awarded to the Sheriff who by wicked custome not looking after him returns a Non est inventus that is upon a Writ to take his body the Sheriff though he might take him returns him not found whereupon another Capias or Writ to take his body wherein of Custome as aforesaid the Sheriff again makes such a perjured in Christian acceptation return again then goes forth another Writ mentioning what ado they have made to get him and oft times he is out of the County indeed it being done of purpose in another County that he might not know it and then for his contumacy he is exactioned proclaimed and out-lawed and this oft in two Terms which ought to be done in five by the Law but little justice in any part of it though spetious in pretence yet if the Capias were delivered to the Sheriff there were some rule observed but the knowing Atturneys can do it themselves using the Sheriffs name who never sees the Writ and did he not one of a hundred can tell what to do but by his under-Sheriff a late constituted Officer upon the high made difficulties of Law who being one of the same Tribe calleth discovering of error defiling the neast and so lets all pass as Custome leads Thus is a man put out by the Law of the priviledge of a Subject and this only to maintain Officers for let all the course be examined and the issue will be nought else I have known this sued against a man for that the Law gave no action the party yet never demanded the thing and of a man not worth twenty shillings in the whole world and the matter it self not worth five shillings the Charges came to nigh four pound and if he hath notice no way but to sue a Supersedeas which is I take it
at last and though as the Law held forth a plausible remedy to all mischiefs so to this in the Chancery yet it hath been generally found the remedy was so far off and so dearly purchased that it was as evil if not worse then the disease and though these Courts might do some good heretofore yet now there accrued no advantage to the Commonwealth by them except the multiplying of Atturnies Alehouses and suits were a preservative for a languishing State To speak of Arbitrary Fines how intolerable illegal and inconvenient were to no purpose but all these evils grew in the Reign of Charls to an excessive burthen An other growing evil was the multitudes of poor which arose as naturally from a long peace and secondly from a want of a legal approved way of disburthening the Commonwealth by Plantations other then voluntary lest priviledge of the subject should be touched upon so fell it out A third reason was the multitude of Inns and Alehouses the Inns grew upon an old Law when the English scorned the lazy life of an Host aad there were few Inns yea too few for to lodge Ttavellers therefore the Law debarred none from taking up that Trade and the Lawyers not having a judgment against it say it is Law still though the Reason ceased long since The other is of Alehouses multiplying in all places sure for by-respects as knowing much drinking raises Malt and that Barley and so the Gentlemen let their lands and rack their rents more so it fills the rich mans purse and empties the poors Next it was the ordinary advancement of a Knights Justices c. over-worn Cook-maide or his Groom or happily a cast Fallconers fee or Huntsmans as the pentions which are now out of the casualties originally instituted for maimed souldiers Fourthly and most imprudently from the laxation of Laws in the Justitiaries of the Nation for whereas King James found the Nation so governed that they who could not maintain a wife might not marry for a License they could not have the Bishops taking care enough with their Officers that the poor might not have lawful favor of a Licence lest their Hospitality might be charged or impaired by their maintenance and their publike denouncing the bands of Marriage the fist time the Parish for the like cause hindred it the second if any cause were usually none were permitted marriage till the man were thirty five at least and the woman thirty whereas since they coupled at fourteen fifteen sixteen seventeen eighteen a great age this hath bred multitudes of poor weak and tender poor and so for want of due provision roguish lazy poor for many Statues are but all to small purpose some men being so chary of particular priviledges that they have undone the publike and to save a Rogue or Whore from whipping have starved thousands to death For this was the course of Englands good general Government they were all one body and that as men so as Christians and therefore what the Parish so called could not perform the next must if that served not the hundred must if not that the County and so forth and this both for a stock for work for those could work whereby they knew the laborious poor and lazy poor and could afford incouragement or discouragement accordingly Next for maintenance for those could not work or not to maintain their charge fully This now was in times of Popery reasonably supplied partly by the Deacons the proper Church Officer and partly by the civil Officers of the Town Charity being then the high step to heaven applauded by men as declared by Paul and though the great Charity went to Monasteries Frieries Nunneries yet these were pipes which afforded some refreshment to the hungry thirsty both strangers and domestike but now there were new Laws new Provisions new Officers and all to make supply yet the work grew so difficult it over-mastered the Actors partly from the reasons aforesaid but more from the niceness grown upon the Law so that the Justice of the Peace knew not what to do whip a Rogue or loose person or such as the Law held forth seemingly liable to the lash he was sued and there wanted either such cause as Master chief Justice thought fit a Warrant of Commitment or a legal so called Warrant either it expressed no cause or not thought sufficient cause yet the cause in it self more then enough either it was to Bridewel where it should be to the Gaol or the Gaol where it should have been to Bridewel this for Rogues Then for idle people that would not work the due order of assessing wages was left so that what Rule to keep who could tell multitude of young people living at their own hand some commonly reputed to live whorishly others knavishly others theevishly for they neither wrought nor had of their own yet lived highly to complain was unneighbourly so they went on yet if complained of what could be done they answered they would have Services if they could yet if in Service they would do nothing nor tarry but their own pleasure or do but what work they pleased and wages they would have as they list and compound to do what they list or be gone and the Justices were so terrified by the Judges and the Masters by the length of suits as all was grown to loose liberty For the binding out of Apprentises a good and wholsome Law that the poor educated in better mens houses might be trained up to be fit for imployment as Husbandmen and otherwayes truly through the pettish wilfulness or niggardliness of some men in Authority it was assumed to be against the liberty of the Subject to impose a servant upon him and few or none will take willingly so that the Law requires it but none looks at execution if any do the particular Justices must upon refusal binde them over to the Sessions where he shall be plagued and as he saith malitiously vexed with attendance and pay fees and then nothing is done 'T is truth the Law holds forth a way of raising stock to put forth Apprentises but this is as litigious for there is much ado to make a Rate if they will not do it binde them over to the Sessions is all and there Lawyers make such work for their Clients as home they go without Fine or other punishment And generally the great persons are most backward many think scorn to be rated by their neighbours and if they rate them they will pay nothing or not above their estate there which happily is two or three hundred pound per annum and may come to six pence or eight pence per moneth and they have one two three four five six seven eight ten twelve twenty thousand it may be and how do they spend it but in pride riot vain excesses for generally they either live in Cities and then charge them otherways then they like or list they are gone or in small Towns that is
where they may have no neighbours and there they have Cottagers servants but no other and some by this means pay not one penny in a year to the poor but their offall well they make a Rate the payment is refused what course now to come by it some Rates are to demand and within six days a distress others within four days some by the Constable some by Warrant from the Justice of Peace that signed the Rate some of any Justice some the distress is taken to be sold presently some within four some six some eight some ten dayes some the overplus is to be returned some deducting charges some certain charges some incertainly and so for Forfeitures and so Warrants some things to be done by one some by two Justices whereof one to be of the Quorum upon penal Statute Laws c. These variety of Laws were the Lawyers gins for seldom but the poor Officer smarted for that the Justice to avoid quarrel with him left his Warrant with this general clause at last according to Law which the poor Constable taking simply according to the literal Tenor of the Warrant he seldom went according to Law Thus was all due proceeding and the substance of Government lost to preserve a fair husk of so called priviledge of the Subject but the husks vertue had this attractive that all the idle money and good money of the Nation was dreyned into the Lawyers purses and the difficulty of the Law was invented by them assuredly on sâ—… purpose onely to keep up the Trade and not discovered by the Judges nor discountenanced upon the principle that every one had their times so letting of servants at Petty-Sessions and their not departure without a testimony and such like all grown to disorder and the rather because now even the honors of the Kingdom were as aforesaid made mercenary to the ends of Covetize and Tyranny and the debauchery of the Gentry spoiled the whole Nation so that the ancient Gentry whether of Brittish or Norman Race was lost wholly in the puddle of foolery and fashion so that put a childe into either a rich man or Gentlemans house and they learned nothing but the foundation of beggary they there growing onely nice neate lustfull and lazy But to return Thus were the Justices and all Officers made tender in execution of the Law and thus the Law extinguished And hence it grew that even Felons Murderers and all criminous persons had at last as much favor as baseness negligence and security could afford for no Hues and Cries were at all prosecuted with effect for no punishment where they ceased and the burthens of Constables in their services were such and the office now put on the meanest persons for vexation that little knowledge he had of his work he ignorant and the Law thorny both for understanding and execution so that he onely put off the work but to act vigorously or with care he durst not lest his own fire should burn his own fingers for if he were diligent and apprehended a Rogue he was bound over sometimes to prosecute the Rogue or Felon for want of an Attorney for the King or his not executing his place duly yet all Processes were by indictment at the Kings suit but however as a witness and Indictings and Recognizance Fees made them soon weary besides three or four dayes attendance and not one penny for all their charges Thus were Rogues incouraged and obstructors and disobedient to the Law Government and Reason whether for Covetize or worse ends sake is evident But the justly feared end of all this by wise men was that by the iniquity of this frame now wholly and visibly naught and lost the Subject might be enforced to submit to such Rules of Arbitrary Government as the King by his Edicts whether personal or from his private Councel should send forth to which all they of his Councel were fitted and all his Lords and Gentry to them by the means aforesaid Now that this evil is faln upon us is evident is it not known to all there was no due return of Warrants by the Constables for execution of Justice twixt man and man but that the party must enforce or secure the Officer or nothing done yea the Sheriffs of Counties from the nicities of Laws would not execute a judgement without securitie to bear harmless rather venturing breach of oath then the rigidity of a suit Now one Reason will manifest this was not unnecessary on their part for their at least practise of the Law did bear that if execution were upon another mans goods though in the shop of the party and of the same condition with his Trade yet upon a Trover and Conversion a figmentious Action the Sheriff must be overthrown these were the ways to prepare the Free people of England to slavery and absolute vassallage they doting upon their so called Laws The Bishops corrupted the Prince the Princes corrupted the Judges and they being the speaking Law the dead letter did little good so that it was time for English-men to look to themselves here were Symptoms enough of ruine threatned both to soul and body and estate but the wayes were dark for the contrivances were fitted to every capacity say Popery was intended nothing less the Laws sharp and execution visible as to the first part calling in question indicting and conviction all this brought gain The next step was gain also that is discharge upon composition Say Tyranny was intended to be introduced no you have your Judges both sedentary in the ordinary Courts at Westminster and Itinerary in the Counties and they gave the Law where was the King to be blamed this suggested and the evil continuing the King walks higher and by Pattents of grace so called that is the meer Will of the King he inhibits subjects their Trades and under a colour of mischief brings in an inconvenience that is to prevent an incertain charge or loss he imposes a certain charge and this contrary to Statute-Law these were called Monopolies London gained as much by this destructive chaffer as any place truly engrossing all Trade to her self under pretence of regulation which is necessary for the outward formal pretences of Companies of Merchants for well-making ordering selling c. of commodity is good but to leave them that are Masters of the company to the sole making of the Laws and execution also is destructive they are like Benchers of Inns of Court no Sir le ts not make Laws to bind our selves as if the place had given all power to them they make Laws only subservient to their own ends I shall exemplifie but in one petitioned against in Parliament these Merchants having places of Mart or sale the Masters agree in private send away their commodities and some dayes after declare where the Mart shall be theirs are either arrived or half way or prepared to the voyage when time 's so scanted to others if at all possible that the
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
willing to oppose yet I hope yea and am verily perswaded of some of them they did both respectively out of a tenderness to men whom they had known valiantly to oppose the common pretended Enemy out of conscience of the interest they now seemingly opposed or at least cleaved not unto though they avowed they adhered to the interest always pretended but the men were changed and acted not as they had declared Others were opinionated that community was the Regiment of the Lord Jesus and that all Christians ought to submit to it and they may say true but that time may not be yet and when it is surely it will not be a confused community the community among the Apostles stretched only to voluntary sales and that was somewhat for the present necessity but especially and for ever to manifest they were all as one Family under their Head the Lord Jesus and that no man called a Christian could call ought his own while his faithful brother stood in need which was though not inforced ever held by all Christians how ever weakly practised and in the declining State of the Church grew more obnoxious â—o evident neglect Now such a community that the poor Christian being laborious if able to work should be relieved where his labour failed or in what it reached not unto that so he might live comfortably and rejoyce in the Covenant of his God assuredly ought and I hope will be reduced to its original purity Now there was another unjust Levelling talked of which was an unregulated community that is the setitng up the Law of Naturals without the Divine regulations that is to live like beasts to kill and eat to live each man to his lusts and the stronger to overcome the weaker which confusion having ushered in a necessity of regulation then and thereby to lay the foundations from that necessity of a holy or just Community among the people supposing men while enjoying ought assuredly would not be drawn to an uninterested Politie wherein though the end be approved yet no just man will allow the means if he remember we must not do evil that good may come of it no not in this juncture of time when the flood-gates of Liberty were broken up though that some may think to that end Providence so ordered the matter and to men so settled there is no chain strong enough O Lord I pray thee open such eyes especially of those that from a sincere heart desire thy glory least their zeal not according to knowledge make thy truth and zeal for thee evil spoken of and most like it is of such spirits were they who were seduced if seduced or that they drew away themselves and others with them But let them know that in such unruly breakings out of parties into contentions of divided interests it is more lawful for their opposites being in present power to subdue and punish them then for them to labour and indeavour by force or disobedience to subdue or cashiere their opposites And now I am come to the more particular discussion of just Levelling or just things held out by men no way aiming at any by or corrupt end or interest whatever Just Levelling then so called is an impropriety in regard of the acceptance of the word a propriety in regard of the end for it looks at just things justly however it is scandalized and is in a word but the rule of proportionate Justice I say not onely Justice but proportionate that is that there be not onely one Law but that Law held forth with due respects of equity and righteousness as for example To charge a Gentleman that hath three hundred pound a year a horse for Service and to charge him for 300. li. a year to a Rate is just for such an estate there is and to charge a Gentleman of three thousand pound a year a horse also is just and to charge him for three thousand pound per annum is just but this is not levelled that is brought to the proportion of equal distributive Justice for if you will do so then the proportion must and ought to be thus fixed first admitting that qualifications of the mind though honored be not charged for that of the Poll-money was in that exceedingly unjust divers Knights Esquires Doctors Attornyes c. not being worth the money they were assessed at by the Poll but I say that excepted they must fix a Rule for the value of a Gentleman Esquire Knight c. To which end Suppose the estate of a Gentleman be 300. li. per annum as before and that this shal be charged one horse then a Gentleman of 600. l. must be three for if that three hundred maintain a Gentleman and one horse six hundred may maintain two horses more and so in proportion in all charges and duties in the Commonwealth These Levellers prefer the integrity of a Religious conversation in all things answerable to the strictness of their holy profession above all policy and carnal interests therefore they honour rich men but they especially esteem and trust vertuous men and therefore desire that in publike Administrations the basis and settlement of the Commonwealth may be so tempered that the vertuous and experienced judicious man may not be cashiered a fit Regiment for want of Riches being well knowing that the purity and corruption of interest are the props and decayes of a Common-wealth respectively as they are admitted They deny not that the foundations of England settlement were just nor that there was alwayes a politick settlement held forth but they say it was never practized as held forth and yet held forth far short of what the perfection of our profession enlightens unto whereupon they urge that the whole frame of our Government Civil as well as Ecclesiastick ought to be brought to the Standard of Justice at least to that the Declarations of Parliament seem to â—old forth which own as much in Generals as they desire in particulars wherefore they say that they are confident it can now be nothing but corrupt and partial Interests that can divide and therefore they desired that the foundations being assured the superstructure might be answerable and that in not only the clearing of the Rights of the supreme Magistrate but of the Subjects in all Offices Trusts and Degrees in such a plain evident Christian manner that no man might complain justly either that through ignorance he knew not the Law or difficulty that he could not perform it or delayes that he were oppressed instead of relieved by it and to that end desired the Laws in English all fained actions and intricacy of pleadings to be annulled Courts of Law and equity with all other legall proceedings to be in the respective Counties Bargains and Sales and all conveyances to be enrolled all Lands to pay debts Creditors to be paid equally out of the whole estate of the Debtor not preferring fraudulent Judgements before honest Bills all actions under such a
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
experience hath proved it sufficiently a plentiful portion then settle Tythes encrease Gleabs build Monasteries c. and there is another portion Colledges and Halls I will reckon to them then Physicians and Merchants so that if you seek due Reformation you will make each one your enemie and the whole world will be against you and nothing but confusion can be ushered in by the pretended Reformation you will have Parliament City Countrey Lords Gentry Comminalty and all against you nay if you will purge throughly you must alter the whole course of all commerce For there is no Traffique according to a rule of Righteousness Let Errors as they came by degrees so by degrees be reduced pull out a crazie stone but put in a good one the contrary party objected that this was to dawb with untempered Morter not to serve God but themselves that it was to pretend to do good and do evil that this was the Error of the King and the two first Parliaments that they had upheld following providence to mount into the Carr of Government that they had dared enough then against all interests Kingly Parliamentary Countrey and City by their executing Charls and imprisoning the members Garrisoning the City Quartering in the Counties Thus were matters bandied and some parties grew so fierce as anger is alwayes a short madness that they did they knew not what which yet testified that their anger was selfish others more wisely wrote but unwisely in that they remembred not they stirred a Lyon they depended so much upon their first engagement to the Parliament that they thought they might have said any thing Let truth bear sway she alwayes carrieth a Majesty and will prevail but many tell truth some with upbraidings and revilings some with cursings and others almost all with bitterness truth is ashamed by these frailties and suffers for a weak servants sake But these men concealed their names and though some wise men did so yet their writings were such as could not justly be traduced for scandall or sedition and these men neither owned their names when their books were most acceptable nor in times most dark and dangerous but some of these others owned them sometimes otherwhile they denyed them whereby they were suspected of no great integrity others did openly own their works in times of great danger under the King and also under the Parliament yea even when they opposed them in their highest priviledges some debating one thing some another yea some against the publike transactions of the State and some for a general liberty of all opinions and printing and publishing which to be setled with safety to the State and no prejudice to the light of truth is a matter difficult but of importance not to be neglected they also urged to the men in power the hand of God upon the Nation how introduced that the same or worse evils were now upon us our Courts of all sorts having changed rather their Judges then their justice that Committees were worse rather then ordinary Courts as being made of those persons who were the supream Judges and they erring all the inferiour wheels might well move out of order And proceedings in Parliament were the same so difficult dilatory and so expensive that men were even tired in body as in spirit they did acknowledge the greatness and difficulty of the work they considered interests and yet they thought there was not that expedition or integrity requisite to so high trusts in such a season of judgement And this was evidenced by the expedition in matters of interest private so called that is to the assurance of the acquired Supremacy and raising the due assessments but not in the general settlement as was propounded this draws some men to that piece so called the Agreement of the people a thing which were the people capable of such a work might if rightly stated be of great availe but indeed to put into the hands of so vast a multitude of such divers interests and that without an assured and competent number to carry on the work which in probability they neither had nor could have had without imploying the Sword-men which in it self had totally ruined the nature of an Agreement had unravelled all the work and set us as far back as at the beginning but that the propounders of it were turned recreant to their principles some particular man might or had joyned interest with the Royall party I cannot beleeve it But I suppose really they were by that party and some others of eager spirits it may be really longing and breathing after Righteousness and setling the Kingdom of Jesus Christ I fear yet in their own strength encouraged to go on in their design which some of them politickly saw tended to divide and that was to let them raign but surely these Royal instigators were men of lost condition for what could the issue have been but renewing a more deadly and confused warr for the multitude being by this Act publikely appealed to and that by the sole existent power Civill they must have assumed the absolute supremacy into the meer vulgar Ocean and sooner can you set bounds to the Ocean then their appetites This foreseen this piece was after long debate with much wisdom for the present cast into the number of Petitions Remonstrances c. of Parliament to be by their mature advisements qualified fit for propagating common interest in due time but this obstruction imbittered the more and made some spirits under concealed or not owned names to set abroach the failings errors and miscarriages of all the Members in Parliament or else scandalize them and pinching still the ablest and activest they hoped to foyl so that some soyle should remain though most would not gain credit Far be it from me pretending integrity to assert what I know not but I must hope the Charges against some men if not the most are meerly suggestions of envy to eminent vertue for I see great things done by them and their words are sweet as honey Truth is I am not so blind neither but I can see and hear that favour and friendship is the Mistress with the State as it was at Court and oppression and covetize is not banished Englands Commonweale but I must say that retorted is as true namely that it is incident to men neglected to complain and so to men oppressed I would allow an equall and speedy tryall according to my rule even to my deadliest manly enemy the want of this hath much exasperated many and gained none cordially Now in all this enarration you say what coherence is there 'twixt Christ and his Doctrine his professors and their conversation had we not better have sate still How many thousands nay ten thousands hath this Warr cost as in the Kingdomes account is evident But I cannot agree the Doctrine it was necessary to purge it is evident there was need and great need of Reformation let not the particular errors
of Reformers cause us to fall out with duty But while they fail let us as we should seek the Lord with double diligence I know there is much objected but the matters most eyed are first of purse-concernment as the Taxes or Assessments for the Army the Excise Customs c. wherein many that are contented to pay do yet much repine at the inequality of the levy But as to them I must say I know they in Supream trust have of late done much nay almost as much as in them lies its perticular interest now obstructs the real truth is corrupt principles have such root in us that gain is above all godliness men eminent could be willing all others should have Justice so they might be favored Yet this one thing might well be yet provided for in the Act that persons of not above four pounds per annum and not able to work or having a charge of children and no personal estate to the value of ten pounds and not being Farmers but living upon that should not be charged many now paying twenty shillings per annum to the war who are fitter to receive collection and many worth four or five thousands nay ten thousand pounds personal estate not taxed at all or if at all not above one shilling or one shilling six pence for three months The next matter chiefly eyed was after the alteration of the State from a Monarchy to a Free State or Republike to consider what should now be done to make good that freedom promised and the first or one of the first matters existent as a Law was the Act for Treasons the Objections against the substance of the Act as to the matters what is Treason I for the present omit to relate but pass to the forfeiture which is to the State as to the King and this some humbly conceive not agreeable to the rule of just Freedom hear their reasons shortly They say first That it is unjust to punish the childe for the fathers offence that it is evident that this was not the original Law of England Nature or Nations but the usurpation of Princes Heathen imitated by Christians for profit sake that it is a folly to think love of the estate or of wife or children will deter where the life is not considered and that this layes the same foundation for the State to seek by the rigour of Laws to gain estates to it self as in the King so that now our condition is not bettered in our Liberties for as our Supreames may be more merciful so they may be more rigorous the settled equal Law is the Subjects best priviledge Again In the Act for Treason they say this seeking of interest is evident in the particular of Coynage of money Clipping c. which being a work private much evil may be done and no legal discovery made as late frequent practise in all places hath evidenced but to put a penalty upon the offerer of it would soon give a full stop to it and that is the best Law which effects its ends with least publike or private detriment now to forfeit the piece so clipped filed or rounded would stop the currant but to forfeit that and so much more would dry it up quickly especially if it had an easie Trial as before the next Justice or two next Constables or some certain number of the neighbourhood and the faulty money immediatly to be cut in pieces I speak not of Coyning Stamping Counterfeiting and Washing let due penalties be by Law imposed onely trial speedy and easie The next Act controverted is that of Printing the Objections against which being publikely avowed in Print though some may say more wittily then with found Christian consideration I shall here onely say thus much that as is there in part held forth it is likely to be found the best expedient to stop the current of calumnious Printing not to do things subjecting to scandal and assuredly all moderate men will assert the Magistrate against the Calumniator if to this end the Press were open provided that each man would own his work and like the old Greekish propounder of a new Law write under the peril of his life it might be an useful expedient to take off Tryflers though it might endanger many whose zeal were either too much or knowledge too little I am now come shortly to the great rubb at present which is the Engagement against which none sure but preingaged persons can as matters stand object justly for otherwise to resolve Conscience we must ravel the Successions of all powers for if the actual possession of the Supream power doth not inable to require all Political obedience then surely acquests without just Title are void if so time cannot remedy it if so it concerns all powers to justifie to each Scrupler not onely his pedegree but the justice of it from the beginning I may say of the world but it is plain the Boglers at the work are such as look for an other change It is certain Protection requires Obedience and it is as certain that they are happy in Politicks who in the Changes of Government are so disposed by the Supream Wisdom for mans alone will not avail that they exercise the extream or height of Rigidity or Mercy aright for one is ever found necessary And now I am come to the last great contest the peoples Liberties The questions are first concerning an extraordinary Commission to try sitting the odinary Courts at Westminster For the holding up the hand opening of doors both which were pressed I fear rather to make a party and oppose the present Power then out of Conscience I omit them here The next was Whether in Case of Life a man may have Councel A third Concerning the lawfulness of requiring and taking the general plea not guilty The last Whether the Iury be Iudges meerly of fact or of Law also and to these well may be added two things more namely the Queries concerning maintenance in prison And arresting by an armed power in the time of peace All which indeed are of main concernment to the Nation and people yea even as much as Lives and Liberties matters of the most pretious respect with men and justly to be inquired into wherein I shall only shortly give the general Opinions and Arguments of men wise and desiring just things but withall entreating briefly of the criminal part of our Laws prosecution which hitherto hath been purposely waved I take it that the Law of England according to the rule before said down owns a twofold way of bringing persons criminous to trial which is that of appeal of which I shall onely hint what it was being now a thing as before I said wholly disused namely it is a prosecution of the party be it for Maihem or Felony of any sort and in the name of the party appealing which suit he might by the Law compound for and release yea if it were for murder at least it was
so used which liberty being much abused the parties who upon the heat of the blood that is while the injury was fresh complained were bound over by Recognizance to prosecute for the King and so were the Witnesses but if the party or the Witnesses should refuse it it might much be scrupled what by our Law ought to be done to inforce them justly but Custome hath prevailed to go by steps The places of Trial of Crimes are either the Ordinary as Kings-Bench or Statute-Sessions or the Extraordinary and yet Ordinary viz. the Commissions of Oyer and Ter. and Gaol Delivery carried down alwayes with the Iustices of Nisi Prius at the Assizes or the legal Extraordinary which were an assotiation of more men then ordinary according to the novelty and exigency of the cause most legally and usually made up of all the Iudges of all the Benches and no other and heard in the Checkquer Chamber Now these are not to be scrupled in themselves the other and which are extraordinary and scrupled as illegal are meer Royal Commissioners consisting of Iudges Lords and other men according to the pleasure of the prime Magistrate and these were rare and but in case of great offences or doubts of imminent at lest so pretended concernment And there were two Causes the one professed which was the resolution of many wise men sworn to do right according to Law betwixt the King or State and the Subject who by concurrent Votes assured the interest of either party and surely were the Law by which they judged as plain and evident as the reason or foundation of their extraordinary judgements there would be no exception but the fear heretofore on the peoples part which is the ground to the present jealousies was in respect that Commissions pretended of that nature were aiding to the inchroaching vertue of the Supream Power to the advance of Prerogative especially after King James had made the Iudges which were the leaders in both these powers his meer Creatures by absolute dependance in altering their Patents as aforesaid from during their well abearing to during his pleasure How the Iudges Patents are now I know not but except the present condition of affairs make that now lawful which in it self is not surely such Arbritrary Patents are introductive of the heights of vassalage for if they in each Punctilio advance not the intendments and interests on foot of the Supream Magistrate be it good or evil for God or against Liberty or Bondage A Writ of Ease is next to be expected and that engages to the slander of every malitious enemy and he now lies open to the lash of every accuser especially if any litigious person hath been overthrown before him O how the man bustles and now is his time for revenge our eys have seen this and this I suppose to be the ground of fears of such Commissions I willingly avoid Ravelling Controversies upon presidents which in our Laws are so many and so diverse each from other and multitudes so contrary each to other as supream or most excellent reason must bear sway and then the arbitrium of the Commission will not be so much the question as the Law by which judged If it be objected against the adjoyning in Royal Commissions that they are nor Lawyers nor Iudges in Ordinary but Merchants c. I say there lies an Appeal to Parliament from any Court Ordinary or Extraordinary which receives Commission under the Parliaments Authority If it be objected they are meerly the States Pentioners then the Argument is against the Supream Magistrate mediately against their Iudges immediately and is remedied by appeal but this is manifest that there is no necessity of these Commissions they were continually declaimed against and denied as one gap to invade the native proper liberty of the Subject and if now inforced can but foment jealousie against the State Having now found out the proper Courts of Trial of criminal persons let us see who the criminous person is and how to be dealt withal the criminous person is vulgarly taken to be him that is accused Legally him that is convicted not differencing where upon examination before the Iustice there is confession of the party full evidence upon oath violent presumptions or barely suspition but all are dealt withal alike except they misdemean themselves and in case the matter be baylable baylable alike few Iustices looking at good bail but all the Clerks at their Fees in which case much error is where the Clerk is Iustice of the Peace or c. and the Iustice not able or too proud to draw a Warrant himself Now by the Law of England and just reason mens liberties being highly prised heretofore men were to be tried the next Gaol delivery I mean at the Sessions for the County but now by a Statute made in the time of Philip and Mary or at least under pretence of it all matters criminal being death that is out of the Rogues City of Refuge that is to which they cannot readily plead guilty of all Felonies within Clergy the still continued shame of England so that some use a hateful Proverb All Rogues to the Clergy and all Clergy to the Gallows they must be tried at the so called Assises This Statute was a great friend to the Clerk of the Assize above the Clerk of the Peace and those Iustices that will not see this Statute the Inquisitive Clerk of Assise can spy his time to fit him if he cometh in his compass which may be every Assises and though present put him down absent so he is fined forty shillings and to remedy it will cost twice so much Now in the Gaols the Schools of Iniquity they are not imployed and if any one will imploy himself he must purchase his liberty to use his Trade at the Gaolers discretion for there is no Law for it no not for Debtors so that having nothing to do the Prisoners confer notes and the older Thief Cutpurse c. still instructs the yonger in the revealed quidities of the Law Vain people think highly of these nice evasions of Law but the serious sees it makes the Law ridiculously difficult the great Rogues scape but the ignorant and unexperienced dye for it All honest men love mercy and are as loth simple Felony should be death as any but they would not men should by Custom abuse just things or endure unlawful ones or connive at wickedness Yet these and multitudes more well known have long and do still pass unremedied or are provided for but in part or for a parcel of the Commonwealth So that it is certain the generalty of men which once come into Englands prisons of all sorts as now used are spoiled for ever both as to industry and honesty yea so notorious is the evil that I have known many Justices avow it was their sorrow to be in place to be instrumental to such evils by sending one for his first offence to Gaol and likely to
be amended but sent to Gaole whither he must go he was irrecoverably lost Now for maintenance in prison originally in such cases as the State was forfeited as in Treasons and Felonies which were tryed very speedily the State was seized by a publick Officer by way of securing and the wife and children if any were continued in the house c. giving security the goods were not imbezeled and nought removed or sold unless for the mainteance of the prisoner the forfeiture then reaching from the time of the fact committed and then though this were just there was this injustice that the forfeiture paid no debts an unjust and unchristian thing yea if opened the loose or inlet to abominable cheating cozenage and knavery Now the Law is that is practice constant that the prisoner maintain himself till himself wife and children are undone by selling all they have for the maintenance of the prisoner and paying Gaole Fees though he be not guilty a most wicked thing and this happily for acts or words no way Treasonable Felonious c. or for such matter which none but a malicious Adversary would have prosecuted And to say the King paid his prisoners Fees is but to argue from matter of fact for take a prison properly it is but as a pound to dammagious beasts and in the proper pound the owner must provide for them and they that offend must provide for themselves or rely on charity It is truth it is but just that in case of so called illegal or in cases dubious whether baylable or not or where baylable yet for good cause denyed and in all extraordinary imprisonments that is by absolute power in limited Monarchy being causes for which the Law provided not it seems reasonable that the same power that commits should sustain untill the Law adjudges the offence for in that case the restraint of a Free-man seems punishment enough now for such a man how he comes into prison that is whether by the ordinary Officer of Justice as a Constable or by an extraordinary hand as by armed men is not material but the Quaere must be rightly stated That is whether in a time of full peace no enemy appearing nor to be feared a Subject may be by Law arrested by an Armed power as to this it is said that considering Law to be the issue of perfect reason it is a matter worth mature advisement for the life of liberty lies in it that is the refuge of the Subject against the powers or authority call them what you wil for commonly the Souldiery are either in body and so obey no common Arrests and Processes of set Courts or dibanded and seldome an active man in his own County and well known will appear in acts of high dispriviledge so that offenders in this kind are seldome worth suing upon a trespass and the law of retaliation rather satiates the brutish then the manly passion or affection and bondage for satisfaction hath been hitherto exploded Others say the crime is to be looked at and then no matter who executes it as in Felony each man may by Law arrest and then if every man will it is neither Riot nor Conspiracy what ever it may be called Others rejoyn to both parts and say that they are sadly distressed to see the various interests of persons leading one way to day another to morrow which their diversity of opinions fully demonstrate They desire plain truth with Iustice and to that end they say that both are lawfull time and person considered and that this consideration is and must be left to the Magistrate who must not stick so in the bare letter that he lose the evident meaning of the Law and ought to be punished as a defaulter against his trust should he not in some causes use extraordinary power for the Commonwealth must not be without sufficient power to defend it self And therefore they say that if the Law doth not provide for such emergencies he ought to be defaulted if he improves not his power to the discharge of his trust that is the peace and safety of the Commonwealth though he incurrs the lurch of the Law according to the old Letter The example was under the late King James at his comming to the Crown when after the death of famous Elizabeth the County of York raised men and armed them against a sort of out-laws which Act was by the letter of the Law Treason c. but upon debate wary enough it was resolved their duty and they had their pardon against which only some object saying that if in reason they offended not why should they be pardoned Now this is answered others might else be imboldened without due cause which say the objector's is nugatory there is nothing of weight in the case more then the Officers Fees of suing out the pardon and to stop that scandal let such pardons issue of course by a day at the Officers penalty so that the party shall not need pay for expedition but as to the case in hand it is propounded that in cases of doubting it were better to assure all fears to let the Souldier be but assistant to the setled officer and not used but in evident necessity but the thing is the same I must agree the prison may be any where by the law which men in point of favour easily plead but touched then the Court of guard is a prison then White-Hall the head-quarters every thing is odious but were this same man put there under what he counted a civility it should be acknowledged it may be therefore of great policy this was left in the Judges brest to endear by such circumstantials where he saw cause but this was altered upon good reason in part and prisons made publick set and certain c. The next thing is to bring the prisoner to his Tryal wherein the Law as I said favouring life gives priviledges of no evident reason in case of crimes worthy of death especially the certain offendor present Truth is if the pretended Law of England did as many of the Officers of it do think one thing and speak another tell them they are to dye while the prisoner knows Mr. Ordinary say the Judge what he will will openly prophanely and unchristian-like of course lye out a Legit though he knows never a letter and his conscience never grumble to give sentence accordingly it were not worthy question but evident reason being its guide why should they question thirty six men without any cause or with a wise Sheriff c. is that so called priviledge ought at all yet this in some cases is highly advanced this past and that he is to plead which ought to be openly the doors not shut during the Tryal the Law of God of England common reason and constant practice of Nations agrees it First he may make all by the Law void in the Letter by an appeal yea I take it also without shewing any cause Next by
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
fellow creatures Enforce unjust men to cast away the masque of hypocrisie in simulations of Piety and vertue to gain advantage to savage gripings and extortions If you cannot allow the heights of the Gospel-Liberty allow us but a just settlement upon the evident principles of natural equity or ruled by to avoid contests the Mosaical Judicials as the boundary or prescribe your own way this will admit satisfaction to many interests and if rightly regulated none in themselves corrupted else we deny our holy Profession For the grace of God that brings salvation unto all men hath appeared And it teacheth us to deny ungodliness and worldly lusts and that we should live righteously soberly and godly in this present life Looking for the blessed hope and appearing of the glory of the mighty God who gave himself for us that he might redeem us from all iniquity and purge us to be a peculiar people to himself zealous of good works Now these good works are shortly laid down in the Gospel thus in obedience to Principalities and powers c. and that not onely Kings but inferior Magistrates yea Husbands Parents Masters yea to Teachers Elders c. or any sett over them of or in the Lord taking care for all sorts of persons in the relations political both Publike and Domestick and also in spiritual Its truth the qualifications of Magistrates under the Gospel are not directly spoken unto in the Gospel which gives a ground to some to altercate whether Magistracy may be under the Gospel But Generals may sometimes be gathered from particulars the principal scope t is true of the Gospel shews the worlds enmity with the Spirit and the special enmity rests in the Princes Powers c. These are the men with their carnal interest But the Powers simply considered cannot by that be opposed for because I will not admit an evil Magistrate that is a terror to the good shall I not allow him that is a terror to the bad because it was a shame that the Corinthians went to Law before Heathen Judges shall each one do what is right in his own eyes No St. Pauls Let 's not sin that grace may abound includes much And so that qualification of an Elder of a Church those mental excellencies soul-beautifyings of a spiritual Ruler no Mitre Crown Bells Pomegranates Breast-plate Ephod c. are to be allowed no outward blemish Though that was admitted among some Bishops of the Primitive Church is now just exception If such purity in Elders for the Church then surely also for the State by this all the Typed Mosaical qualifications and more also are required Indeed the words are mean and low but the meaning is transcendent I shall therefore shortly according as the grace of God gives me give a short essay to the principles of a Christian Government and resolve most of these Quaeries which here seem but barely controverted without determining I truely faint under the burden knowing my own weakness and the mighty wisdom which I know in some whom I cannot believe think an alteration necessary while they have accepted so great places of honor and profit in what I must think wholly corrupt and the world calls the prophane Commonwealth or Babel in the Magistrate that is they are feared principally to adore the Amusive part of Justice in the formalities of Robes as Judges Caps Furrs Blacks Serjeants Gowns c. the same with Rochets Caps Hoods Gowns Tippets Surplices c. So for Officers of Courts so for Appeals the same for dependances upon the Supream Magistrate in degrees by way of variety of Courts Officers c. as in the Bishops course from the Chancelors and Arch-Deacons Courts to the High Commission So in the Presbyterian way according to the course of the Sanhedrim from the Parishional to the National Assembly All which hath in it but a form of Justice and is delusory necessaries I admit but no more I affect not the Laconick harshness nor the Stoical superstition nor the Anabaptistical confusion nor the Persian pomp and vanity Yet I think it was the more honor for the Greeks that they were learned valorous and free though with little pomp or ostentation then to the Barbarians that they were pompous and bondslaves rich but had nothing their own cowardly and ignorant obedient even to shadows an Ape or Hound of the Kings in the formality should have ruled them as well as the King himself for they were ignorant I would therefore have Order to prevent confusion Obedience flow from Knowledge in civil things as from Faith in divine yet all for conscience sake otherwise the Law will never go further then half way and that will rule and perswade where no Promoter or Officer of State can Therefore I say pretending to a Christian Commonwealth I there explode all bare Forms they are above them necessary Forms are admitted for they must be but Forms of bare interest cannot will not Happily you will say This will put the Magistrate to a demur whether then he should have two Forms to govern by in the same Nation but that Quaere will be useless For it is intended the Christian Magistrate should wave all those Amusions and onely in the power of Righteousness do Iustice keep the Law of God with his whole heart make it his study and due execution of Law and propagating the knowledge of it in an easie civil Chatechistical way will soon shew that Form is a very Idol no more then the Goddess Opinion to which I fear not to say they sacrifice who so much exalt Form Now know Forms are also in delayes as not to give Iudgement in a plain Case of Law the same day it is complained of it is Custome not Form to weep lamentably upon the Bench at the giving sentence of death when this passion arises not from compunction of soul but weakness of Spirit and this weakness is evidenced by no care for soul after sentence past It is then therefore suspected to tend specially to self interest Truly our sweet Fountains of Iustice are imbittered we looked with the Prophet for Iustice but it s turned into mourning for Righteousness but behold a Cry the excessive Fees of all sorts the Selfish formal hearings the dilatory attendances the usual squeesing griping Officers as Undersheriffe Baillffs Registers Clerks c. all continued whereby the poor is sold for nothing and Iustice at the rate of Customs and Clerks Fees which I nor no man can call a bribe O you that sit in Seats of Iustice beware the Lord hath a controversie with the mighty and to pull down those in his glory he doth it in Iustice and his Iudgements are true good intentions so called will not excuse before him that searcheth hearts yea to the dividing of soul and spirit Know this you great men if you seek to uphold any interest against the Lord it will down yea your own hands shall work your own overthrow you may have seen it in
the mighty works of God hitherto and if you will not perceive it by whom it is desired the merciful hand of God to you in correcting of others he can soon lay the rod upon your shoulders also and think not that because God gave you long since to see this change and then to seek him and his glory and that he hath if he hath made you instrumental to him in this his work or thereby or hath given you places of honour or great profit at present that therefore you are in the right and under his protection No then you must break every yoak and pluck down every Idol and labour to bow all interests and powers to be subject to the sole Regiment of the Lord in truth and righteousness and in so doing the grace of our Lord God will be with you and guide you by his grace to glory O Lord let the prayers of thy servants for this be heard of thee and make all men through thy power to improve every place talent and opportunity to the advancement of thy Truth in Righteousness There is now but one word concerning the Court of Chancery which was the Court of equity for the Subject in general as that of the so called Requests was in his proper nature for the relief of the Kings Servants upon any equitable matter arising within the verge of the Court where at least one party was to be the Kings menial Servant however the pretended necessity of some and reall of others abused it But that of the Requests gone let us hear the opinions of men concerning that of the Chancery and they say that this Court of Conscience is grown as unconscionable as any and the interest of profit to the particular Officers is as great and as destructive to publike good as of any Court if not more for suits in Chancery are as common and as obnoxious as Writs of Error They say the use of the Court is intentionally just that is that where accidents which could not be foreseen nor avoided casts the right the contrary way to what the justice of the Law intended that it should be there remedied But they say this ought first to appear at the Common Law and then the whole matter transmitted from the Judges there to the Chancery to be there decreed shortly Now the matters proper to that Court can generally be manifested by no better an example then by those for which a man is Essoinable at Common Law upon duty of appearance however that is made now a couse of practice also and Essoyns are of course for the whole Law is perverted whereas now men are tossed from Common Law to Chancery and then to Common Law again and no end of Suit and the charges so great and issue so uncertain that Free-Quarter was not more ruining then seeking right for who can prefer a Bill under three pounds and then for a Copy the Defendant he must pay eight pence a sheet and six pence thereof goes to the so called Six Clerks for taking out the Bill which are places valued at about two some say six thousand pounds a year and if he can write he sets his name to it examine it he should but it is not beleeved any one of them looks on one sheet of a thousand and if he did were it worth ob to read it if but two pence to write it Take a Copy from the Plaintif you cannot though he would so favour you you cannot put in your Answer till that due be paid After the Answer cometh an Injunction that must be moved for there is ten if not twenty thirty fourty shillings oft three pounds in eminent Cases and to eminent men that is one great in power as in Offices of Honor or highly favoured This Injunction comes to eighteen shillings why not for one shilling all of course I have seen Orders made by those honorable men now sitting tending to it but By-practizers hear they are detrimental to private profit and so the Orders are abroad to catch birds to the lure You may now sue at a better rate the Court hath reformed but come to try and you must pay as before These Six Clerks are wholly needless the Register alone can do the work but particular Judges Keepers c. must not make these orders in any Court they will be overballanced or may be for generally they have been It must be enacted into a Law That the Subject may require it as his due or complain and have not only redress but satisfaction References to the pretended Masters are worse as more dilatory but ought not to be so expensive by reason the Master ought to take but half a Crown Now I like that Master best that will clearly say I have viewed all and see the right and will report it you see my great trouble and pains you know my due is but two shillings six pence I will do you right for my recompence I leave it to you as you are a Gentleman Too little wages is a wrong and a snare to any servant much more a publick one and most to a judicial one or instrumentall thereto all ears hear complaints but I who cannot accuse will not charge though I may beleeve there is some fire where there is so much smoak I will reckon up no more of the Six Clerks tricks to the perplexity of the practizing Clerk and detriment of the Clyent this alone is enough Nor will I alledge ought more for the Court then that old Rule of the Learned which none but the Learned can understand There is no remedy in the Chancery for what there is no remedy at Common Law But now for poor people not worth ten pounds in the world quiet persons to be sued by contentious knaves how shall they bear the charge for though that the Subject Defendant is contrary to the express rule of Law admitted of course to take out a Dedimus whereby their journey to London is saved yet when they come but to take out the Bill at eight pence per sheet before they can take a Dedimus and next pay after the rate of eight pence a sheet again for writing the Bill in the Dedimus which alone is the evident great gain of the practizing Clerk half the estate of the party is gone O the intolerable oppression that is amongst Christians I fear all the Turks and Heathens in the world will not own so much I admire not if any height of wickedness be objected to a Turk his detestation of it is expressed thus Do you think me to be a Christian The sharking of the Subject by feigned recoveries and by the great ado to release womens estates at such chargeable rates only to maintain a company of idle bellies and nourish corrupt dependencies is of a like strain And though the Verdict by twelve men be accounted the chief flower or one of the chiefest in the Garland of Englands Liberties yet I must say the baseness of men
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
Where is the Image of God Look upon the Magistrate by what names or titles so ever distinguished they execute not the judgement of God but of themselves they rule to satisfie their lust they glory in outward power riches honor and the like the great men both those that are mighty through wisdom as the learned Lawyer Phisitian Divine mighty in strength as the Commander in war Military Power or the Magistrate from the highest Iudge to the lowest Constable who are cloathed with civil power all as the Supream in Trust do lead follow the dance of eying the splendors and glories of the world and can we think that the multitude will not follow O all you mighty men What hath made you thus haste to destruction What was it that by degrees made possible what confidently none of you could once think on the executing of a King in the chief City of his Realm what made you seek a change and what prepared the way to the Iudgement which God had appointed was it not Self-seeking was it not raigning for Self was it not Oppression in Iustice was it not altering the end of the Law more then the Law it self though that was laid to his charge as fittest to draw the people to a sensible interest Those that came in place after what was it rendred them obnoxious to change was it not driving on the same trade and most assuredly it will in Gods Jnquisition for righteousness and Iudgement ruine all that shall tread the same path you cannot wholly ruine the native Liberty I avow to have after a total expulsion of the Kings Power and setling an other by your onely visible Power submitted to the Engamement to be true and faithful to the Commonwealth of England c. I by this acknowledge my self bound in my Place and Station to be actively to you untill as fully subdued while at liberty but if under the Sword of your Adversary I must submit unto the force and not act against them not you this the Law of Nature teaches the Law of best and Supream Reason further you cannot expect no nor your enemy unless you will be Tyrants and this either of you may require I allow not of seditious words writings or deeds I onely say Give the liberty you would take sure none but evil Magistrates ever would disallow a liberty to complain some say t is all that is left them But I shall desist from such enlargements and speak onely upon some few matters arising in the Verge of my trust I am bound by a necessity to declare the evils of them First Concerning the Tax for the Army It hath as to its great and unjust inequality been long complained of for some paid but two pence per pound that is the rate came to two pence per pound in those parts and they gave in but half value of their lands as twenty True value was rated at ten and no more if so much and the Towns adjacent were at full value one shilling two pence per pound yea some in other places one shilling ten pence so that in the highest rates to the E. of Manchester British Army Newark the Garrisons c. the poor owner and some rich ones did freely offer their whole Revenues to discharge Taxes This burthen was long laboured against after this comes an Act for an equal pound rate this by them who had good bargains was opposed and delayed so that the Armies necessities enforced a return to the old way of error Some just men renew this work more rigorously and an Act comes down for six months beginning at 25. of Decem. last the Act comes so late that it s not possible to act towards the first three moneths and that there might not be such delayes and evils as had faln out upon the former three months which gave no power to the Commissioners to act otherwise then by a pound rate so that many feared Premunires this gave such a power in case of not being able to compass the work in due time to return back again The business of the second three months was not thought fit to be put on foot till the first three moneths were ended when the time comes the old Opposers are the new Opposers and plead several pleas which will inlighten much to the truth of what is before Historized The main objections were three or four first It was Levelling and that it was as just to reduce all mens estates to an equality as the rates after so long continuance this a grave and wise man otherwise strenuously asserted The second was It was an obstruction to the service of the State for alteration of Customary Rates would be long in settling the monies would not come in and then the Souldier would return to free quarter and the next The Garrison of Lin were earnest not to alter fearing as they said That they that took free-quarter when it was not due and more then was due would out-do Reason if really behind The last was when we had done what we could we could not make a truly perfect Rate There was a fourth but little to the purpose and that was we knew not what nor how to rate and so we might over-rate as well as under-rate and for that we had no power To the first it was answered That a rule of Justice was desired not equalling estates but equal rating of them the best way to quiet spirits from thoughts of unjust Levelling To the second That it obstructed not the service to alter the rates from evil to good the souldier should have his money and would but each one lend their helping hand as soon as in the old way and to avoid raising more they would raise less and then rate a new as the Act ordered but if obstructing Service would bear a rate absolutely contrary to an Act before that reason would allow a little over rating now and the rather because it should truly ease the next Assessment the Accompter would appear and no evil done To the third it was said That the evil unjust rate had continued seven years and no remedy as unjust as at first and must be so for ever for the rule was to rate as formerly This was now provided for and what was now pleaded That the Parliament did not intend any alteration for alteration could not be without obstruction Thus Self makes use of all weapons for her advantage and were it possible to trust men in chief places not so selfish or that those in Supremacy were so clear that right might be expected we should soon see an alteration The next thing which I hold my self bound to give notice to the Nation of is The Assizes for Norfolk were according to evil Custome if there be so much in it kept at Thetford on the brink of the River parting Norfolk Suffolk the use arising from the High-Sheriffs heretofore serving for both Counties it having no prison fit to receive the
multitude of prisoners in Norwich Castle being as per Calender 144. The civil part was there only determined and not the criminal Now I shal omit to speak of the abundance of forfeitures by this means though falling much upon the poor it helps forward the necessity of Levellers in the grossest acceptation by reducing them to absolute beggery I shall onely speak of the triall of the Gaol which will hint matters of some concernment First there was a Commission of Oyer and Terminer next a Commission of the Peace These Commissions are not setled by Act of Parliament in the County but are a part of Prerogative and grantable at pleasure of the Supream Majestie Now there were many Prisoners which were bound over to the next Goal-Delivery these the learned in the Law upon mature deliberation and after great advisement resolve they cannot try consider the reasons which I must own Legally of great weight but hear them by the Commission of Oyer and Ter. they could not be heard for the Recognizance was onely at Gaol-delivery therefore they could not be called by the Commission of the Peace they could not try them for the Sessions of the Peace had before referred them to the trial of a Superior Judge of course for difficulty of the matter but if was agreed that had a Commission of Gaol-delivery come the same men without a Superior Judge or more skill or knowledge in the Law then they had before would have tried them Is not Form the Idol of the world I appeal to the Supream power for the priviledg of the Nation and beseech them that the due rights of a Free Nation may be established in setled Judicatories in the Nation Here also fell out another Quaere at this great Sessions namely what to do in case of an Under-Sheriff who should execute his Office beyond his year contrary to the Statute we found this The High-Sheriff of the County as usually before to the great prejudice of the people of the Nation under the late King did make a bargain with an Attorney to be or find one to be for him such a one as he would undertake for his Under-Sheriff This man contracts with the Kings Sheriff accordingly and himself and his son a young boy as the Justices upon view judged him of about eighteen years of age execute the Office both at the last Assizes and this Sessions and the intervals not having taken any Oath it was demanded of the boy who was Under-Sheriff he answered his father but his name was used he was tried by the Justices to read a precept he could not do it so for double disability he was disallowed by the generalty of the Justices by this practise if the Father were Under-Sheriff he lost two hundred pound by the Statute for this year and two hundred pound more for a year before for it is said he hath served now three years and I beleeve unsworn all the time if due inquiry were made Next the son forfeits 40. pound for executing without Oath yea though unfit but notwithstanding all this two Justices of the Peace present at the debate do the next day swear this Boy thereby sure intending to intricate the business and give the Father leave to plead against his Forfeiture of 200. pound or question for executing the Office unsworn I say no more but I think they deserve a Fine above his besides forfeiture of their Trusts and the rather because the mans integrity and so fitness for the Office is as much questioned as any mans in Norfolk Gent. To sue for this in the Travailes Expenses Delayes Tortures of the Law who will You are the Fathers of the Family if you please to take this notice according to your Trusts who are in the places of Eminency and Supream Power in the Nation from a son a brother a Citizen of the Commonwealth do if not I have satisfied my Conscience the evil lies at your door if you think as they who have gone before you have done to salve all with The Law is open 'T is begging the question We say the door was never so fast shut as now either in the setled Law Courts in Ordinary or new ones of Committees for though the doors be open that is there is easie beginning suits that is it is easie to complain yet the journey is great from the remoteness of places and in Committees 't is so difficult to get them together in the other Courts there is so much business that there are so many obstructions to right especially of poor men or quiet spirits and especially the men of Law are so favoured that there is a dead heart in all men to seek Reformation Remedy this and you will finde complainers enow But if a great man now be complained of for just things as have been offered to be avowed upon Oath yet rather then stand the shock of a suit the wise mans Councel in Ecclesiastes is the poor mans comfort Go not to suit with him that is too mighty for thee compound with him is the way though he requires all thy substance as too little to satisfie his wronged honour brought into question such a one as he scandalized though all his friends know the truth of the case how wisely soever carried that is legally avoiding the reach of the practical Law so called I know no truly wise and prudent man desires a measure exactly just that is such as against which no objection will lie no surely if there be such bad Christians there will be evil men what is desired is not only possible but feasable were there but just endeavours after it were not the diversions so visible it were tolerable but when it s well known that all eyes are upon you when all engagements and Artifices which the Religion held forth or prudence at best suggest have been not only proffered but penally enforced what but a seared conscience will not relent or a nealed face blush Former services do not acquit latter offences the instances of the elder of the Horatii Manlius and other among the Romans and multitudes of other in other places evidence The greatest and mightiest Princes are subject to the same proportionable changes with their meanest Subjects and the Subject hath this advantage he is best able to bear it Our evil hath grown from lenity our remedy must be at least necessary severity and if you be not guilty you may use it freely 'T is offendors cry out so sternly for mercy you are now by true interest and obligation to labour a well grounded peace to this the occasions of publique disgust must be first taken away Remember natural and rational Priviledge the clearing of interested Dependancies take them away they are visible and visibly known Next settle such plain and evidently rational Laws and proceedings as may assure Justice in the end and that Common and Universal Justice that as England is one our Law may be one and that known this will
4 If the ordinary Judges be not meet give sufficient assistance 5 Manslaughter Bailable by a certain imposition 6 All idle persons not able to give account how they live to put in good bail or go to the Work-house or c. 7 Councel to be admitted all men but one and no more and he only to speak as to matter of Law if dissallowed and the Counsel will appeal let him put it under his Hand and then the Itenerant visiting Judges to allow or disallow and punish as they see cause Chap. 40. p 162 163. shewing 1 That debts are to be recovered 162 2 First out of the personal estate if that suffice not then out of lands 3 The abuse of this discussed 4 The way to enter a Plaint opened 5 If satisfaction be not what to be done Chap. 41. p. 164. shewing 1 Wherein the great Charter of the Subjects priviledge principally rests 2 A speedy and safe way for trial of doubts for lands propounded 3 Affidavit under Hand Seal of a Justice with another witness to make two witnesses in Law 4 Obedience must be rendred to mistaken judgements 5 The unjust complainer or detainer to be fyned Chap. 42. p. 164. shewing 1 Courts of Equity may be allllowed but 2 Not till the Equity appears to the ordinary Judge of Law and be by him transmitted to the Chancery upon his Oath 3 Let then the Decree pass within a time prefixed under a severe penalty 4 Let all Orders be read and ingrossed as made in Court and signed 5 Objections against Courts of Equity Chap. 43. p. 165. shewing 1 That experienced evils must by lawful wayes be remedied 2 The work of Equity is fit generally for a diverse Court Chap. 44. p. 165. shewing 1 Students of the Municipal Laws of any Nation worthy honor 2 It s necessary to have sufficient incitements thereto 3 These were heretofore too great and were grown destructive 4 The duty and end of Pleaders laid down 5 The fit way of their due ingagement to the Commonwealth 6 The respects due in that course to them 7 The Objections vain or of little weight to the benefit Chap. 45. p. 166. shewing 1 The use and conveniency of Practizers as Attornies 2 That many must not be admitted 3 Their Fee to be set by the Magistrate 4 They and Lawyers to be fined in case of misdemeanor Chap. 46. p. 166. 1 That its fit to administer Oath to the Debtor of the true value of his estate 2 If this will not satisfie it s more beneficial to the State and to the Creditors benefit unless to satisfie the appetite of Rereage to make the debtor a servant then a Prisoner if servitude be lawful Chap 47. p. 67. shewing 1 That the all-wise God instituted servitude therefore not simply unlawful 2 The real wisdom to a rational man of that institution 3 Boundaries must be with Christians to the Masters power if allowed 4 Reasons why debtors should either be prisoners or servants 5 Whether the wife and children are to be servants with the husband and father 6 Good government will make that few servants thus will be ingaged Chap. 48. p. 168. shewing 1 What Vsury is 2 The reason why it came to a settlement and was made a Law 3 That farming of Lands came in upon the like reason 4 The loser and ill husband only complaines of both 5 That its looseness of Government pride laziness and gluttony more then moderate use that undoes any man ordinarily So over-purchasing 6 That Vsury is not forbidden Christians 7 No difference twixt that and letting lands if any 8 Mony more advantageous 9 Both fit yet to be moderated by the Magistrate Chap. 49. p 169. shewing 1 That tortures are against the light of Nature 2 Against Christianity 3 That though evils have been dâ—…ected by it yet not being a certain rule it s not to be practised as a Law by Christians Chap. 50. p. 169. shewing 1 That all publick Offices are to be born by the publick purse 2 That the Offices and stipends ought to be made certain 3 What is the publick Revenue Chap 51. p. 170. shewing 1 That ideots and mad men must be adjudged and provided for by the Magistrate 2 Their estates ordered for the benefit of their wife and children and self 3 For this Judges in certain must be appointed and their power Chap. 52. p. 170. shewing 1 That Bond or Copyhold tenure was but a dependent upon Knights Service and the rest and they gone that should go 2 The Nature of the thing wholly ceases so should the Law 3 That the continuance is not only illegal but visibly destructive to the Common-wealth by unjust dependences 4 How to settle it legally if not oust it Chap. 53. p. 171. shewing 1 How frauds grew notorious 2 The difficulty to get Laws against them or punish them nourished and encouraged thereto 3 The best way to prevent them 4 The Legal cheat of custome contrary to Law 5 Fit to settle Disputes of Inheritance justly 6 The punishment of frauds Chap 54. p. 172. 173. shewing 1 Errors in Magistrates or Laws breed dislike of both 2 How England stands so affected to Juries 3 Justice is above Magna Charta and works no dispriviledge 4 What to be done with Christians before suit commenced 5 No suit till a Magistrate legally deputed allow the same 6 How to be entred for a Tryal 7 Within how long time after cause of complaint 8 How the Defendant is so brought to Answer 9 Tryal to be speedy 10 Jury to appeal how many to a Jury 11 How to be qualified and the reason 12 How Judges of Law and how to be punished in case of Error 13 bound to give the Court reason for going against their evidence 14 Other Qualifications requisite 173 Chap. 55. p. 173. shewing 1 That judgement ought immediatly to follow the Verdict unless just cause in Law appear 2 Execution ought to follow judgement and for both let the value be secured or deposited 3 If the person be present to sign the judgement and give caution to perform it or be imprisoned if able 4 If no Execution within twelve months after judgement Judgement to be void Chap. 56. p. 173. shewing 1 Offenders in putting in unfit Jurors to be fined 2 They also that draw Jurors Chap. 57. p. 173. shewing 1 That no man should be distreined in that whereby his Family immediatly lives 2 That due apportionment of distress for publick Service ought to be Chap. 58. p. 174. shewing What punishment is fit to be in cases of waste Chap. 59. p. 174. shewing That Commons are one of the great sores of England 2 The several sorts of Commons and why and how granted 3 The rule of Commoning is now lost 4 The evils arising thereby 5 The Remedy 6 Free Warrens and Fole courses considered 7 Now an opportune time to settle all advantageously and how Chap. 60. p. 175. shewing 1 That certain Magistrates must be
appointed to ore-see Bridges Rivers Causeyways and all that is now within the extraordinary Jurisdiction of the Admiralty and Commission of Sewers 2 This so be setled that errors in Neighbouring Counties may be quietly remedied 3 The Error of purchasing Commissions Chap. 61. p. 175. shewing 1 The necessity of good witness in case of controversie 2 Legal objections difficult 3 Wicked men may be heard not sworn and the reason 4 One such evidence alone not sufficient 5 Objection of Alliance how to be accepted Chap. 62. p. 176. shewing 1 The necessitie of promulging Laws 2 The best way thereto 3 Punishment till then unfit to the common Subject Chap. 63. p. 176. shewing 1 How vain light apparel works upon nature 2 The Advantages publick from this no way equal to the dammage and is unlawful 3 The Magistrates duty to repress the excess of Apparel Chap. 64. p. 176. shewing 1 That Titular Honours as now flowing from a King give a tendency to the establishment of that Government 2 Good to decline them and that by exalting proper vertue Chap. 65. p. 177. shewing 1 No offence but under some general head of Law but the want is no set punishment where circumstances aggravate the offence exceedingly 2 Fit the Judge to punish according to the head rule or consult his Neighbours or secure till resolved legally in circuit 3 No Judge to be punished meerly for defect in form Chap 66. p. 178. shewing 1 The necessity of providing fit remedies for the ordinary causes of Duels 2 Words and light acts when grown obnoxious must have punishments suitable 3 Speedy remedy in this case of necessity 4 Incertain Tryals as by fire and water how best to be setled 5 If the suspected walk still inordinately how to be dealt with Chap. 67. p. 178 179 180 181 182 183 184. shewing 1 Questions 'twixt Magistrate and Church must be wisely discussed and here only hinted to open clearly the controversie so to pacifie 2 Wherein the controversie as now stated principally rests 3 This so far troubles the outward peace that the Magistrate must umpire 4 Certain questions urged by the Congregational way 180 181 5 Some private Quaeries concerning the Ministery and its maintenance 6 Age of Pastors and Baptizing Infants only hinted 7 Wherein Christian liberty principally consists 8 This opening the matter how it settles peace 9 The right of Tythes and how 182 10 What Religion the Magistrate must settle 11 Wherein the Churches power principally consists 12 Whither there may be two Supreams 13 How the controversie rises 14 How they of the Congregationall way settle it 183 15 An objection answered arising from the supposall of the necessity of uniformity 16 How far outward or sword Power reaches 17 What are impropriations and appropiations 18 Some things making Reformation difficult 19 That Prescription is but a particular mans custom 20 It ought to be adjudged lawfull and recorded before allowed Chap. 67. p. 185 186. Shewing 1 The Imperiall or Romane Civil Law to be the foundation of our Justice 185 2 How the multitude of their cases came to be digested 3 Why that Law was with us rejected or not used 4 Why those Lawyers were neglected 5 The evils of having two divers Laws to Judge by in one Nation 6 When a Church or State are in evident Error or Apostacie 185 186 7 A well constituted Nation must have a known settled Law proper 8 As little form as may be 9 The habits of honor kept distinct I say not sacred Chap. 68. pag. 186. Shewing 1 That to put Offices to sale in any kind is the inlet to all injustice 2 That wise and honest men have approved is no argument now 3 That there is a sufficient Revenue to carry on the work of Reformation with satisfaction to the Office and advantage to Magistrate and people 4 A consideration of the succession graduall of Officers 5 The way to have good Officers considered Chap. 69. pag. 187. Shewing 1 Breeding able Mariners of necessity to this Nation 2 How to breed them or how they be best bred 3 How to encourage and settle them 4 A consideration of the season called Lent 5 What the Magistrate may do in it 6 Objections against it Religious and Physical 7 Two wayes offered to salve all the first Religious the other Politique and not unjust for its general 8 The benefit considered and some laws fits to be established universally Chap 70. pag. 188. Shewing 1 Customes received engage to secure the seas 2 The Magistrate not bound to secure all but to imploy a sufficient guard 3 Yet the losses by Piracy are to be in some sort defrayed out of the advantage of prizes 4 Cases wherein there ought to be no satisfaction admitted Chap. 71. pag. 188 189. Shewing 1 That all officers that receive the revenues of the Commonwealth ought account 188 2 That its fit this be done in the particular Counties and the reasons 188 3 Judges must be thereto appointed and have power c. 4 All Fees settled and Offices during well abearing Chap. 72. pag. 189 190. Shewing 1 That the Magistrate hath all power to preserve the Peace 189 2 As King he hath no power in Church assemblies 3 Prudentially yet what ever done by him not simply unlawfull is lawfull 4 Reasons why no publick Church Conventions should or way be without particular allowance of the Magistrate 5 If upon disturbance of the peace the Magistrate settle a Law the Churches are bound to obey 6 The Right of calling Councels for setling matters of Religion so called cleared 190 7 The reason of the Authors undertakeing 190 191 192. 8 The Authors Prayer for a Spirit of turning to the Lord c. 192 193 c. FINIS ERRATA PAg. 102. l. 10. r. cautious l. 18. r. govern all l. 19. r. of force l. 22. r. as p. 112. ca. 11. l. 24. r. fancles p. 113. l. 27. r. transcendency p. 115. l. 10. dele this was derogative l. 36. r. groundage p. 118. l. 6. r. swerve p. 119. l. 47. r. now p. 120. l. x. r. at his l. 27. r. conquassations p. 123. l. 9. r. handed p. 225. l. 36. r. run p. 141. l. 45. r. simular p. 142. l. 24. r. objectors p. 146. l. 40. r. under p. 149. l. 10. r. that p. 151. l. 31. r. do we not rather p. 154. l. 40. r. into p. 158. l. 7. r. practice constant l. ult r. none p. 162. l. 13. r. without delay l. 17. r. twenty pound p. 163. l. 44. r. the fourth p. 165. l. 7. dele equally p. 165. l. 26. r. adjudged p. 173. l. 28. r. verdict p. 177. l. ult r. person p. 178. l. last but 4. r. discuss p. 186. l. 26. r. eighteen thousand l. 28. after Lord Au. r. c. p. 187. l. 15. for I r. It p. 192. l. 27. r. act vigorously AN ESSAY OF Christian Government The first Quaere what is Monarchy and its Divisions FIrst Monarchy in General or
interests for they were corrupt Oh you that are in power build not with such hay and stubble still for surely your work is like to pass the fire But assuredly a Kingdom Hereditary is far before any other Kingly Government where the Nation is small bounds large and spirits content for Peace is most durable in that Government And that will give Riches and the people shall have ease and plenty and grow numerous for emulation the mother of discord is restrained at least But then the land will be too scant and that Nation must fall upon others or break within her self or transmit Colonies Now Democracie must be in War abroad or else she breeds Feavers in her own bowels Yet Aristocracie and Oligarchy seems worse as partaking in more selfish interests but assuredly in all they are best or worst as the men Ruling are 6. Whether the acquests of Kings belong to the State in Case of alteration of Government SEeing now alterations are incident to States it may be justly Quaeried whether what is gotten by the Prowess of a King or Marriages come to the Supreme power Governing or return back in such Alterations or the Heir Naturall to enjoy them The answer is easie for all these things rest in the King as King as they were acquired whether in an absolute or limited State they go to his Successor Politick not Natural not in the ordinary course of inheritance but according to the Transition of the Crown how great Jumps soever it take and this person dies not so that it is evident the supreme power hath all the acquests and rights whether Warlike or Civil as by Marriage Permutations Emptions of State or Mortgages Real as Cautionary Towns So that this Change of Government hath not divested England of any Title to ought due to any former Kings as Kings of England whether in Ireland France Castile Cicily Cyprus Hierusalem united Provinces or else where And should Kings come in again sure they would not hold the intervening settlement of a Reipublick a Bar and the Reason is evident for they have the Supreme power and are as Capable to give Protection and enforce Obedience each as other in consideration of Reason so there is no inconsistencie in the thing 7. Whether better to be Governed by Laws or without HAving seen the Governors let us see how they are to Govern I take it that the same reasons against Arbitrary Government in a King will serve for a State for grant a Choyce of the most excellent men in knowledge and Justice Yet can we say they shall be alwaies such or those that succeed them therefore no doubt it is better to be Governed by good Laws then good men taking care that those Laws be executed under severe punishments 8. Whether better to have general or particular Laws I Now must come to the hard task of all Polititians That is to set the Medium of power in Magistrates wherein it is plain that to tye a Magistrate in any Government supreme or inferior yet administring Justice to the very strict letter of the Law is to have all the safety of the Commonwealth shipt in a Vessel without sails or oars slip but the letter and no Magistrate can meddle Therefore generals must be the way but limited they must be or else your venture is as much on the other side for to give him no bound or too much is to put him into a vessel overladen and the sail too full which upon every gust is ready to sink or be o're turned or run under water Now to pass this Scylla and Charybdis is the hard work in the first settlement That the supreme Magistrate hath his due boundary and after for him so to dispence to inferior Magistrates that the equal Temperament in every part may assure the safety of the whole England before the late fatal infusions into King Charls his head of the absolute power due to Princes Jure Divino whereby they were rendred accountable only to God boasted against all other Nations of the happiness of all these Governments in a sweet and admirable admixture of power for they had the freedom of a Commonwealth the opulency of Aristocracie the glory of a King Yet he so bounded by the Laws and so watched by the Emulators of his glory the Nobles and by the Conservators of our Liberties the Commons that it was hard for him to break Yet break he did and that so suddenly that it was evident the settlement we gloried in was but as we say A last gasp to the decaying state of the Bastard William so called the Conqueror And now is the time for them to whom God gives the Honor of a Settlement so to mould and temper Government that it may be most durable which is the glory of a State Now to do this aright after the Assurance that nothing be done how politick or advantageous soever it seems contrary to the light of Christian Doctrine I come to the difficulty abovesaid that is What Power is to be committed to the Magistrate whether Supreme or Inferior respectively To which I answer generally That the Magistrate whoever he be that is intrusted ought to have more power then it s commonly requisite he should improve that thereby by acts of Grace he may endear or suppress as occasion shall offer The Supreme thereby obliging all parties as well inferior Magistrates as other Subjects the inferior Magistrate to engage the equals in all but Magistracie and all the vulgar and that without punishment from above or scorn below For it is evident there are ever ambitious or insolent Spirits who if the Magistrate be tyed too streight will draw him to the end of his line and then dare him I wish from my soul Magistrates were all wise and just fearing God and hating Covetize but in the choyce of these men for interests it will not be so therefore I meddle not to prescribe rules as some do for a man who prefers private interests but him that onely and principally fixes himself and his endeavors upon the advance of Publick and Common good therefore to them I address my self with this Caution That the great ruining danger is in times of Commotion to be over strict beyond late presidents and Examples for that blows the coals of Sedition yea sparks to a great flame especially if publick ruins build private fortunes so called or partake with any selfish interest They therefore that are in Supream trusts and would settle or continue their Governments quiet must themselves in their places and whom they impower respectively with not onely faithfulness and diligence but also wisdom and discreet activity moderate that power which may be lawful much more that which is exorbitant or but to be used against persons exorbitant that is violent Rebellious and that in acts disturbers of the Peace for against such to spare one guilty is to venture the destruction of a thousand of innocents In evident just things
settle the power Now I come to the Rules of bounding the inferior Magistrate wherein I conceive it is principally requisite to add to the general Rules of Law or head Laws particular Officers by which onely it is lawful to act in time of peace or not imminent danger That to this Officer being sworn or tyed under a set penalty of faithfulness in his Office the Magistrate send his Warrant expressing the cause of the Warrant as now to Constables and that this Warrant discharges the Officer and then the complaint is and ought to be against the Magistrate For no reason one should be punished for executing his Office by command of his Superior Nor is it fit the Magistrate should be too suddenly lyable to Question therefore it is requisite to have some appointed near hand to whom the Magistrate in Ordinary and also the Subject may have recourse who knowing the Law may speedily determine for otherwise the Judge or Magistrate is discouraged on the one side to act and the Subject on the other side fears his liberty to be infringed both which must be provided against speedily and certainly For it is assuredly meet That every one not acting Legislatively but judicially upon Laws set should be under the jurisdiction and Cognizance of some one or more person or persons and to make returns to them of at least all matters doubtful And again That they that act Legislatively should not act judicially nor be the same persons unless in case of visible necessity least otherwise Justice fail As for example if the Judges of the Common Bench Common Pleas and Chequer were Judges in Parliament could we think the Parliament fit to determine their Errors le ts have the best Laws that could be Laws would be but dead letters still in themselves 9. Whether the Laws ought to be according to the Judicial or what and whether a head rule or not I Come now to that great and old difference or difficulty what is the boundary to humane Power or Authority or Dominion call it what you will it is the executive vertue in the Magistrate Supream in dictating or giving forth of Laws Now I in this shall wave treating of Law in its variety of objects and shortly give you this description of it It is the Rule of well ordering Societies of men or many Families of men living together and aims especially at preserving the poor and weak against the rich and mighty c. Now it is truth that many Nations have divers Laws yea great variety and all just and some Nations have a few Laws and many unjust naturally each one seeks particular good But as this grew obnoxious to particular persons or families they joyned together and that under agreements wherein there being still particular respects according to the advantages and disadvantages of the Covenanters so were the Laws more or less unjust but ofttimes that which was seen unjust after was not discovered such at the time of enacting Hence some have to take away all wrangles fallen upon a Community some from Community to Property still looking to avoid the present evil yea from hence indeed spring all the Commotions and hurries of the world which so Rent and shake people and Nations So that there was nothing so highly honored as the enacting good Laws I take it to be the Original at least one of the chief Originals of the Heroes or Daemones men Deified so God himself stiles Magistrates because of their Representation of him among men and all these Law-givers pretended at least to receive them from the gods or the friends of the gods For even to natural men it seemed just that what wise men had instit uted wise men might alter Now if these Laws were onely some Prerogatives of the Princes or Priviledges of great men which men had sought to usher into the world with such pomp there might have been a ground for obstruction but these which were the Laws of well living the Laws tending to publick quiet repose riches honor custom of living being equal to if not above nature were of necessity thus brought in onely by fear of the supposed Gods yea also the future Magistrate was by this superstition call it so onely kept in aw not to break forth into exorbitant affections or decline action either not to make the Law like the knife of Delphos for all purposes or else for no purpose So are men byassed by private respects on the one hand and loving supremacy of power on the other that unless there be some over-awing decree some setled boundary beyond which we must not pass there is no safety Now if it be said this is indeed true in the cause of natural men but not so to Christians Grace perfects nature I agree it is truth in some sence but not in every part for it is rather true in the future then any other Tense for it works here in the flesh not so intensively but more remisly yea sometimes the effectual work of grace seems dead that this is true the agreed failings of the Saints evidence Yea those in whom the work of Grace was begun sure enough as witness Davids Pride Murther Adultery c. Samuels sufferance of his sons Hezekiah and all others before Christ Peter the sons of Zebedee Paul Barnabas and others under the Gospel So that it is plain we must remember it to be truth in some sort which was objected against Aristotles councelling Alexander as was pretended to use the Greeks as friends and carry himself as their Guide and Conductor but to use the Barbarians meaning thereby all other Nations as enemies and carry himself towards them as Lord and Master The reason of their objection was very acute for say they there are many Greeks wicked and many vertuous Barbarians So that if any Quaere whether Laws should be diverse in respect of divers sorts of men it is shortly answered Laws are to restrain and punish onely evil whether men or actions This being cleared the next thing is to come to the more close and plain resolving of the question wherein I cannot urge antiquity for I wave all Authors more then as illustrative taking none as Authoritative the superintendency of the Expurgatorian Classis abroad in forreign Authors and our Licentia or Placet at home making them speak what they list or as they list who are masters of the Press for if so done to some why not to all or who can tel to which and indeed there is no necessity of either ancient or modern testimony the Almighty wisdom having the same fountain of endowments graces and abilities as in any age and the same as plentifully poured out now upon us however it is improved This premised I then Quaere what law is existent among any or all the Nations of the world like that which is called Moses Judicial holding forth such fit and apt punishments as are there laid down carrying with it such a visible reason for it self
agreeable to the Rule of Proportion I may say that the law of England did own this as its necessary pattern it is seldom denyed but if any do oppose or doubt let them first consider That no law in England was setled generally at least until the Pope had come to an obliging power and that agreed sure as he aped the Ceremonials he did engage a conformity in Princes as far as might be to the Judicials I shall now see the onely or main objections against the Judicials which may be reduced I take it to three chiefly First they were given to the Jew Secondly they are not or cannot all be performed by us for some were onely proper to the Jew some no way fitting this Nation for they were never received and there is a necessity of altering laws as vices encrease and grow more Obnoxious and also in regard the Judicials themselves are not all so clear that it can be said which are all the Judicials by reason of mixtures of Ceremonials with them Thirdly The Law of Christ is a Law of Love not Revenge to pray for enemies do good to them that hate us turn the other cheek to him strikes one and give the cloke to him takes the coat and go two miles with him enforces thee to one God assisting we will endeavor to clear these Heads and then in consideration of the particular Laws answer some particular Objections if any be seen needful Now as to the first That these things were immediatly directed by the Almighty wisdom to the Jew it is agreed But what doth this hold forth Sure onely this That the Jew was bound by them God having commanded them to that Nation that God required not obedience from the other Nations to whom he had given no command but that any other Nation might not use them it proves not But rather that those Laws as far as holding forth a rule of Justice to them which had no Rule or a better where defective ought by these Nations to whom they were known to be established is sure out of controversie while Legislators have Just and Good for their Rule To the second That they cannot be all performed by us Let us see the hindrances First Some being supposed onely proper to the Jew if we come to search what those be which we cannot perform there appear here visibly but the Law concerning the Trials of Adultery and Virginity we allow these ought to be inquired into and satisfaction given to the jealous spirit but we presume the special Law binds not That in case of Virginity being though natural yet as it were onely proper to that Nation and that by some extraordinary power of Divinity giving forth Testimony to his own Law The other simply extraordinary in regard the same water wrought so contrary effects so that the vertue was evidently not in the water and if we should search the depth the seeds though conceived by of the Adulterer could work no more then of a husband in the ordinary course of Nature There is also some particular Laws of two wives humbling of Handmaides with some others The next sort of Laws are such as are said hold no proportion with the natural condition of the people of this or other Christian Nations and therefore the Nations setled others and never received them To this part I answer That if it never received them there was no trial whether agreeable to the Nation or not Next if tried how doth this indisposition in Nations generally to the receit of particular Laws appear sure it is not by way of Antipathy so that the Nation fails dies or is removed upon receiving of them truth is we all agree Nations may be altered by Laws as the Romanes brought from natural savageness to a more moderate temper by Numa's Laws and the Lacedemonians by those of Lycurgus and they may be heightned and debased in spirit as well as moderated but all this rests not in the Law but the executive part or power of it Now that force will naturalize Laws it is plain why then not Reason It is evident Laws are the reins of Reason over the beastial part of man therefore now to the reasonable man any just Law is approveable as to his obedience he is a Law to himself and happily gives far less liberty to his particular beast his appetite be it to or in what it will then it is fit the general Law should hold forth and this hath just wisdom in it hereby are the good and wise distinguished from the vain and idle even by the subjection of natural appetite from whence it is hereby clear that to govern a fierce Nation the same Laws will not serve as to govern a quiet peaceable one But now our Quaere must be whether there be not be a just Law in the generality agreeable to the light of Nature set down in the Judicial heads of Law which will agree to govern all Nations by take two Laws for example Murder and Theft The first is the head-Law of mankinde towards his like the prime end of Magistracy being to preserve life The next is goods Now in this I finde no loose to the Magistrate but life must be for life if murder that is lieing in waite or as with us malice before hand in this the Magistrate hath no liberty to ingratiate in refined Reason it lies upon the Land if not expiated with the blood of the offender and so upon the City and so upon the Army But the chief guilt surely lies upon the chief Magistrate who is the prime in trust executive as to the fact this sure is and ought to be death in all Nations The like head-Rule of common Justice is in the Law of the manslaier at unawares and surely of this sort there will be no doubt nor of the expiation of incertain murder which ought to be setled rightly by an Oath of Inquisition c. But the great quaere will be concerning Theft which is the matter most or with the most to be considered as a grould of controversie For the most of Christian Nations have made it death yet the Judicial maketh it death in no kinde That punishing life with life and goods with goods c. in the rule of proportionate Justice Now this alteration is not without reason as things stand that is upon the received principles forementioned out of the seeming contrariety which Christians have gathered out of the Law Judicial and Apostolical For they have gathered that Christs Kingdom being of brothers there should be no servants that is no slavish servitude or bondmen which was the issue of not satisfying what was stollen with the Jew and upon this presumption they at last wholly abrogated as to Theft the mulcts of two three four or seven-fold restored for his life and took away his life now this being onely practice cannot determine the Controversie Let us then see the Reasons if any be whereof the most eminent
is that of Magisterial Interest whereby he would wave a limitation or rule in ordinary and make himself absolute in every condition For Supremacy generally aims at absolute Power in all estates Royal or Republical or mixt though they maintain their interest diversly according to evident principles upon which their foundation stands this therefore is a Politick rule but how warranted by Supremacy of Reason upon the pure principle of common or universal good or what Rule in the Word must be examined in the written Word there is owned nothing as clear for sure then the controversie with some one good Magistrate or Commomwealth or other would be determined and the interest of Righteousness would cloud the interests of riches honor power c. This therefore failing let us see the Reason the first part whereof is in necessity of altering Laws according to emergencies to which it is answered That Laws in inflicting just penalties may be higher or lower according to emergency and the rigorous or exact execution may be justly inforced but the incompatibility or disproportion of the Law of Death for Theft is in that all the goods of a Prince are not of equal worth as goods be they Horses Kine Gold Silver c. to the head of a Slave consider him as man nay the Lord touches not mans liberty for goods meerly if he had wherewith to restore therefore this Reason will not avail But if we consider the Quaere a little further there will appear less reason yet and that is that even Christians themselves doubt not but that would the Magistrate wave his advantages both to himself Clerks Officers c. by the death of Felons and strictly see to the Execution but of restoring two or three fold Theft would not be the one hundred part so frequent as now it is for though generally it be truth that preservation of life is the prime principle of Nature and he will part with all to save that Yet the spirits of some men are such being not polished by divine precept that they scorn to live but as they have been educated some will dye rather then labour and so Thieve or commit any villany Now it is by some thought these may be put to death but these do not put these men to death for Theft but not having to restore they imprison them to satisfie by labor their wrongs and if they break prison they dye for it so that death is now inflicted upon them not only by the equity of the Law Judicial but universal reason cutting off this disobedient son rooting out this Moth of the Commonwealth and there is sure much of Justice in this for now with Christians to prosecute a Felon as any other criminous person will cost a man in expence of time and Fees and other charges as much as would have kept his Family a moneth which added to his loss who would prosecute yet compound the Law forbids but I intend haste The next reason is the Judicials are so mixed with Ceremonials To which it is answered that many are clear use them the other search out how the mixture stands for if there be a plain Law of distributive Justice a necessary rule for the benefit of Societies take that and if there be no corrupt interest in it sure it will be accepted by wise men though meer Politicians may baulk it as well as enact it as King Hen. the 8. did in case of Marriages I am now come to the great head of all namely that the Judicials were a Law of revenge which now is proper to God Christians must not fight war revenge c. I could with some say I admire the wonderfull goodness mercy long-sufferance patience c. of God who willing to shew the Riches of his mercy forbears the vessels of wrath fitted for destruction Art thou a Christian that objectest against the Judicials to elate another Magisterial power then that of the Regiment of the Lord Christ for though they were given by Moses they were the Dictates of the prime verity And where O man hast thou such a pattern But thou wilt say We are Christians and we have no need of Laws I answer with Paul If thou beest the Law to thy self the Law punishes thee not Rulers are set up for the punishment of evil doers So said the Lord to Cain in the first two thousand years And so saith the Spirit to the world in the last two thousand But say you we acknowledge a Law to men but not Christians Brethren be not deceived remember what Peter saith The unlearned and unstable wrest the Scriptures to their own destruction the place I pitch upon to clear up the Righteousness of the Law even to Christians is that of the 1 Tim. 1. from the 8. to 14. There are multitudes of places hinting the same I at present know none more pregnant for thence it is plain that there were then many controversies stirred by the Christian Iews or so pretending concerning the observance of the whole Mosaical Law whether Ceremonial or Judicial Paul had beaten down as much as in him lay the Ceremonial shewing it was but the shadow the body was Christ Now concerning the Judicials particularly there is no question but from the following verses and from other places it is plain what was intended for in the 9. verse he sheweth wherefore the Law was made First Negatively not for the Righteous the foundation of great errors while misapplied Next Affirmatively for the lawless and disobedient ungodly and sinners unholy and prophane these are general Now he comes to particulars Murderers Manslayers Whoremongers Buggerers Men-stealers Lyers Perjured persons and against all other things contrary to sound Doctrine c. There is an objection against this viz. these things are Morall To which I answer that if you take Morall for the Law of the ten Commandements they are not literally there if you intend Moral for what ever is contained virtually under these heads the two generals whereof comprehend the whole duty of man to God and to his brother all mankind then the whole Judicial at least must be therein comprized If you intend by Moral what the light of perfect reason holds forth concerning just and good no man dare say the Judicials wanted the height of perfect Reason If you look at it as rectified by Evangelical Doctrine then it is answered that the primitive error is the cause of our now wandering First generally seeing the errors which have flowed by the Church to the Commonwealth we confusedly judge this to rise from the principle of the Judicials and lay all the pride covetize and various interests of Princes Courts Judges Fees and unjust and unnecessary dependancies Nurses of Heathenish and detestable wickedness villany and ensnaring dependencies to life and liberty of common Societies as well as particular men upon the Judicial Next it is beleeved that Christians take the Judicials proper to them as to the prototype of the Jew which
power absolute and can punish have no rule but prudence in enlarging or restraining them they generally used banishment but this in successive or hereditary alterations upon the same ground of prudence cannot be safe therefore some have immured them and starved them some imprisoned them some cloystered them some privately murthered them but all these were acts of pure power and force and left but an implicite construction of Justice on their actions Our new and unparallelled Transaction doth I know to many seem Heroick and if established by Law upon this president would be an admirable adventure to hold an aw upon the spirits of great men and to that end they desire the explanation of the supream power or Magistrates Trusts and in what cases it shall be lawful to arraign them with the same legal provisions as King Charls tyed his own hands in the Act for a Triennial Parliament but I leave treating of this lest I grate to no purpose I come now to see 16. What are the Priviledges of Parliaments and in them of the Bars to the Supream Power FIrst we must consider that these meetings are according to the Rule of pure Native Law by the advice of many and those duly elected out of the people to avoid confusion to take care for the settlement of all those errors which intervening time produced since such an Assembly last Congregated and that both as to the Actions of the King in his Officers where the King was held unquestionable and therefore which was unjust in some part his servants were punished of the higher Magistrates and inferior Subjects either in a legal way according to the ordinary constitution of the Nation or extraordinary in case of emergencies for which no Law was provided The examples are manifest in both Now the priviledges of these men were and ought so to be whereever such bars are first that the due right of the subject might be preserved that those who were to be of the Parliament were duly chosen that is neither by fear nor favor which was from either open force or private warnings or requests to the friends or dependants of great mâ—… which were commands which how broken and still are even by Reformers themselves to their shame not of Reformation is evident The next priviledge is that being chosen they being now of special use and imployment for the publick themselves horses goods and menial servants were priviledged from Arrests distresses c. and only they for the law of entertaining by giving protections was a dispriviledge of the common Subjects for whose sake only they were priviledged and no more that other being but a meer Royal corruption by degrees to make them all seekers of interests upon that base Maxime that trusts were to their own benefit The next was to have free liberty to chuse their Speaker who was not to be disallowed but upon good Cause and that Cause they were Judges of for all see else the vanity of the formality if the approbation be upon meer will for then there is the power of Election and this Speaker they may also upon good Cause put out by the Votes of the greater number The next priviledge is That they have a free liberty to treate of all matters the assembling by Kings Writ the being called his great Councel are honors of Time and formal and cannot abridge their necessary liberty of free Treaty c. But their power appears in that they had the Guardianship of the peoples Lives Liberties and Estates and though in the variety of changes they did as all mortal Powers do sometimes submit sometimes inforce as the condition of Times were we must use a true foot and ascribe no more to them then is needful not plead presidents but Supream reason by which they therefore might and ought during the forty dayes Session a convenient time which by convention seems the time set during which the King could not dissolve them to receive Petitions from all places by turning themselves into Committees and hear how matters went with the Nation upon such Representations from the particular Counties Cities and Town therein addressed to the particular Members chosen by them for the aid of the whole Nation and upon these to call some say the Kings all agree all the Kings Officers of all sorts to their Accounts as Treasurers and that both for Land and Sea yea Officers of Peace as all Iudges c. and of War as General or Lord Marshal or by what other name or names on Land or Admiral or c. at Sea Captains of Forts and all others who managed the Revenues so called of the Crown that is for the publike benefit and this power is coincedent to every Bar to Supremacy And truely where this is not it is easie to believe the Supream Majesty may soon pretend all is intrusted to his own Will and for his particular benefit then they may adjudge and sentence but not in Committees but in the whole house otherwise there is no legal proceeding and really and purely this did and was to rest principally in the Representatives of the people who are the Commons the separation of the Houses as with us and the single power of the Lords to Iudge the Commons to accuse yet one Court is much differing from excellent Reason if not contrary to it that so right might be done to the whole Commonwealth against the out-breakings of the King and also to every particular person by restitution against the wrong doer yea though by the Kings Command or Commission if not agreeable to the Law Now the limited times of Parliament were necessary lest otherwayes they should abuse their Power or usurp Supremacy absolute and also become desperate debtors because of priviledge And lastly that while being men and capable of erring their false judgements if any were may be rectified by a new for it was and must be the priviledge of these highest Courts not to have ought done there by any of the Members questioned in any other Court onely Treason Felony and the Peace which being flagitious the excellency of Reason admitted no priviledge to for how could such enormous Transgressors of the Law be righteous Law-Makers The last priviledge is to have pay for their pains by a it should be equal rate upon all the Freeholders in the County that is they who legally had or might have had a Vote in the Choice and this allowance was to be set by Parliament and who could they better trust with a little of their estate then they whom they had formerly instrusted with the whole and this was not due till the end of Parliament So jealous is Reason of all Supremacy in the corrupted state of mankinde And surely none that is not actually in this height but will agree to this just Reason and he that is in if he intends onely a due use of it cannot deny it this is just betwixt these powers and them for whom they are intrusted for
and Subject Superior and Inferior in all degrees Political and Oeconomical yea to the superadvising the estates of constant vain idle Spend-thrifts if such should grow in a decayed State of a Common-wealth which in a well setled estate cannot as of persons under age of management of their estates or Ideots or Lunaticks for that vitiousness in full sence is worse then in a depraved one Yea To look to apparel and diet especially drinking and also recreations especially so called Gameing for each mans time growing famously irregular ought to be limited by the publike Magistrate and so in barganing and selling yea where a medium may be to set it or the Rule for it Let not this onely be laid upon the preciseness of Religion No the Greekes and Romanes did by Nature such things and they without the Law becoming a Law to themselves condemn us who have the Law and yet break it is not deficiency of Judgement worse then that of age and the Law of property is not by this broken Again It is the priviledge of the Subject that they have fit Judges Officers and Ministers of the Commonwealth qualified according to the Rules of the Law and can there be better then men of wisdom fearing God and hating covetousness Next That their Salaries be such as may be fitting for their places and not burthensome to the Commonwealth nor their numbers and yet enough and those fitly distributed for the ease of the poor as justice to both them and the rich That all prosecutions in the Law whether criminal or other trespasses injuries wrongs or debts be duly punished lest the Land in general bear the burthen of particular offences well knowing that there are abominations that bring desolation That the necessities of the Nation for War and Peace be levied equally and justly and the expences in a setled way audited and allowed and that not onely for or upon man compared with man but Township with Township Hundred with Hundred and County with County The great reason of many Counties not going about or so long delaying the equalizing rates as to Towns and Persons was lest the injust interest of Parliament men appointed for particular Counties should upon the true value of one County appearing hoyst that up and never regard the due ballance with others and therefore that the Law of righteousness ought to be above the Law of interest must as may be be assured As for example If a Town were a poor small Fishing Town as great Yarmouth in Norfolk was and not able to maintain a Minister as it seems it was not and that it had forty pounds per annum allowed for one out of the Bishops lands after it is able to maintain ten Ministers and have but one or two that it should yet have the forty pounds per annum and other places starve to take this forty pound away and make it pay duly an equal portion with others is general and just priviledge and no dispriviledge So Dunwich Riseing and forty places in the West to send Burgesses to Parliament is a dispriviledge though originally a due and rightly constituted for the reason ceasing the Laws ought to cease and such rechanges are our Settlements So ill Customes to be continued for Interest and publike Grievances tolerated for private commodity whether of men or Townships as the unjust illegal and destructive keeping the so called Assizes at Thetford at the Brink of the County of Norfolk in Confinio Comitatus which is against Law is a great dispriviledge for it ought to be in the body of the County or Head-Town but if that were seated inconveniently yet this is unjust and destructive for so incommodious is the place that the very issues lost there the place not being able to receive the necessary attendants are worth or I am misinformed by knowing men as much as the revenue of the Town is worth yet in driving on this corrupt interest against publike good I hear good men and great pretenders are engaged And it carries little of weight except for honorary interest sake which alwayes hitherto hath been an usual inlet to corruption That the Judge a stranger to the County should appoint the place or indeed that the place should be but fixed except in cases of evident danger to the publike as plague famine publike inundations besiegings devastations or the like so that of two accidental evils not things absolutely evil in themselves the least might be chosen It is likely it will after appear better to take away the so called Assises as to Trials of general actions and such controversies altogether hereafter as being now become a burthen rather then ease to the Subject for it is evident the corruptions of those meetings continue if they do not increase now such things which were good originally when depraved are dispriviledges if after complaint continued And I wish therefore onely I could tell where the priviledge of Englishmen were I know where it should be and it may be found thus by parcels but there is so much rubbish and lumber amidst the multitude of Officers Courts c. It is hard but we will attempt as briefly as we may to offer at least which will discover somewhat though we cannot come through all particulars In a word Shortly then Justice and that both for Law and Equity ought to be in the proper County the Officers known Fees certain and not exceeding so much upon the pound clear dammage and equity ought not to be sought till Common Law determines the thing fit onely for that Court. Lastly As to this that no man be out-ballanced in Law by power favor or riches as Townships Cities and Corporations against a mean man yea if he had never a penny nor awed from seeking just things for fear of forfeitures of his lands as Coppy-holders all of which I shall in their particulars further inlarge as occasion offers So that it is plain here That having and executing just Laws justly whereby publike peace and safety against the Superiors and between equals and well ordering Mannors and Estates for publike peace quiet and benefit be observed and renewed Laws is the proper priviledge of the Subject But as to this point of safety we must proceed a little further and that is to look to the power of the Supream Magistrate in due providing for the peace and wellfare of the people both among themselves and also against others not by way of Monopolizing Trade for benefit or gain but security of the State therefore it s no dispriviledge of the Subject that none should sell Ammunition or Weapons of any sort except Swords and Knives but such as are authorized by the State So also that no one keep an Inn Tavern Victualing or Alehouse for that these houses are and ought to have the Magistrate their Superadvisors and an account from them of the nature and number of their guests least any danger thereby arise to the State And in case of error
Taxes as for the preservation of the place intrusted And surely though to avoid the usurpation of Princes in the Jealousie of Liberties such resolutions have been it is as lawful to lay just Taxes upon the estate as to erect fortresses by the labour of the Citizens and charge them upon Guards Watches c. And to confiscate estates or inflict punishments and that to death upon obstinate and deserving offendors And this must be or the folly wilfulness or pride of some few may be instrumentall by evil example to render all desperate as too oft experience hath plainly manifested But the truth also is that the sufferings of particular persons ought in equal Justice to have some sort of compensation those especially which come from the own party and not from enemies for a full recompence if in all cases would but lay the foundation of Civil Jarrs for interest sake in the purest Commonwealths among men and have therefore been avoided By this it is clear that it is not so much the diversity of Reason as of interest that hath brought forth this seeming Law of contradiction both cases being in time of eminent visible danger war at the door allowed and acted by prudent and Just men Now in our case let us see whether the Subject may be so dispriviledged in time of peace This will not extend to life but to liberty and estate onely or most properly As for example Commissions to Salt-peter-men to dig in the houses Cellars Hosteries c. of private persons and the like much Quaeried as almost every thing is in preparations to great alterations of States So the putting down of Fayrs cutting up of Woods in places of Robbery making Causywayes through Marshes or Fens of particular men yea forcing the sale of Lands for works of publick necessity or it may be of special convenience to the publick as put the case upon the making of Salt or to plant Sugar or make Gunpowder or the like Now there is no question but they who have ultimate power have the liberty to enact Laws which shall with equall Justice relieve the publick necessity and satisfie the Right and Claym of the proprietor yea though he were obstinate not only not to admit the entry of his house but also to convey away his Lands without the scandal of Ahabs forcing away Naboths Vineyard for no supream Power can do that either for honour profit or private pleasure without incurring a censure of unjust onely the publick good and that in a more then ordinary manner can make such Acts lawful For though we may have salt without the Nation and so Gunpowder and Sugar yet these being matters essential to the wel being of a Nation within it self may and ought to be and will be provided for in a well governed State to be prudently improved And for Gunpowder and such like the State may assuredly become the sole masters of it both for making vending c. for such things ought to be in the publick Cognizance or there is little assurance Not that I would open a gap to Tyranny for let unjust Rulers know God will find them out and their own store-houses shal be made their enemies Magazines but to wicked men if they have power you shall not need hint what is lawful they regard nought but interest for the Judge of this common good I refer you to the former Quaere of the same Nature and having asserted that the chief priviledge of the subject is just Laws justly executed We come to handle the due execution of those Laws and Quaere How and where the Laws are to be Administred and whether in the Native Tongue c. and the times of Judgement I Find not any Nation in the world but had ever their Laws in the Native Tongue and in the due bounds of Cities Counties Provinces or what you please to call them except in case of Conquest or absolute power though not at present conquering yet claiming by conquest and mostly admitting no gradual appeals but at a jump from the lowest Judge to the supream I agree an abundance of Reason in Gradations and also of unreasonableness and as with us now practised insufferable Tyranny and Extortion in most cases while seeking Justice doubles the dammage original We all agree walking Courts destructive and therefore our Ancestors got those of the Kings-Bench and Common Pleas made sedentary and wherein lay their insufferableness but from the excessive expence of the suitor in Travail and attendance if so then it is the duty of Judges in Chief or Law-givers so to settle judicatories that the remedy be not worse then the disease and be salutary not only for the wronged but to the Nation and people for it is the duty of all members much more the Supream ones of a Nation to see to the evils and sufferings oppressions cruelties and extortions acted against any fellow Citizen For what is this mans evil to day if once made but a president will be justified as of Right against another man to morrow And if this be anywhere held forth in the Constitution of Government it it most evident in a Republique We all agree the Law is our Rule of well living and that each man ought to be punished if he transgress And the Law it self saith That no man shall be excused for his ignorance And therefore Laws ought to be fitted both in the Tongue and phrase to the meanest Capacity otherwise the Law becometh a snare as ours hath been too long And neither ought there to be so many that a man may not well comprehend them and multitudes of particular Laws is but Civil Popery as well as holding them forth in an unknown Tongue And sure in reason it is as great an error and obliquity to the body and estate to speak to me the Law in an unknown Tongue as to the soul The open and evident reasons of this mystery is First the Norman Conquest setling the Law in French Next the Roman yoak making pleading in Latin and the Reasons making good this is the pretext of Learning which as to the French part can never be approved for it is an antiquated Language in it self now wholly disused and when used then onely in one Province but ours is neither written pronounced nor understood as that old Idiome of Normandia was And our Lawyers to make it wholly private have used all means to draw it into the form of a Canting or Gibberish for it is punishable in Moots to pronounce in the true Dialect but we must use the English reading to the French writing or rather French corrupted by ignorant Clerks which rendred our books exceedingly imperfect and even the best of them but by the sence not to be wholly warranted The private reasons are first this breeds difficulty that contention and that gain to the practiser The next is a quaint one and would Justice and integrity warrant it might bear some weight but there is nothing in the
Error or more of course this Term then more the next and then a peremptory day and then Errors Cassed is but legal extortion So that it is plain to take errors totally away is as bad as to have all allowed but to prevent the mischief let a certain day in Court be to determine errors before issue and not after Now the punishments in these defaults are and must be pecuniary and that both in the Judges of Fact as Jurors as well as Law but where the default is evident there ought to be a dispriviledging for future as to all publike trusts at least for a time but out of the Judicial place presently yea though the oath be that he was onely mistaken in Law and did not do it at all maliciously or with a minde of injustice Now to oaths it is fit any Justice of the Peace should give it at discretion this requires able Judges and so should Judges be but of this more in due place Concerning what things the Magistrate may and ought to make Laws YOu heard before that there must rest in some persons thereto designed either by God as those who claym to rule by absolute power or by men as those who rule by Compact or Convention as who either had no power but were meerly elected and agreed with having no Right primarily or had some power but not enough and so condiscended to some rule that they might rule assuredly Now this being in one person or more yet the power ought to extend to all things justly necessary to the well being of a Commonwealth and therefore they have respectively the general powers of war and peace life and death But because we have before hinted that there was a necessity of the Magistrates regulating of those things which many men call dispriviledge to Christians as well as men we will according to the rule before laid that is of the head Law according to Gods own Law the God of Christians as of the Jew see the Government of reason laid there down both for Divine and Civil worship Wherein first it seems directly given to the Magistrate to have the ordering of divine worship to God under the Law Now let us see how this works for Vzziah is a Leper for acting in the Priests Office Yet the aberrations both of Priest and People are laid to the Kings charge and the good Kings commanding just things and not onely so but seeing of them performed are blessed and on the contrary the evil Kings punished and their Adherents And those disobedient to the King as to Ahab the seven thousand that never bowed knee to Baal were those who were to take root downward and bring forth fruit upward Now the great difficulty is to settle the Magistrates power so that he may not bring sin upon himself and the Nation by commanding or tolerating things evil and unjust or unjustly enforcing things just and good Now as to this it is to be considered that we all profess Grace is from Heaven the meer gift of God and that the Spirit breatheth where it pleaseth as the wind bloweth where it listeth if so the Magistrate Yea grant there were a clear Church Magistrate that were by divine Word impowred with the Sword of Paul as the Keys of Peter could he go further then the outward man it is plain he could not Next then grant no such Magistrate sure the Civil or in case of doubt of Spiritual Power the Civil Magistrate onely can act clearly Now for the Spiritual Power to be helped out with the Civil Sword surely it is one of the grossest vanities that Popery ever broached God stands not in need of mans wisdome or power But God having not cleared that the implicit construction by Analogical or singular reason from the legall severity is proportionate to the gentle and quiet brotherlike Rule of the Gospel nor agreeable to the Commission which our Saviour gives to his Apostles which was either to the Jew Matthew the 10. Mark the 3. and Luke the 9. or to the universality of men Matthew the 28. Mark the 16. Luke the 24. and clear enough in that of the 21. of John and 15. where nothing is spoken of but preaching and teaching and feeding If then the Pastor have not the Sword but of the Spirit let us see the material and Magisterial Sword which is not born in vain what may this do If we look to the Jewish Model which many men seem so much to contend for There we see that the Magistrate had power over blasphemers Idolaters and tempters to Idolatry witches c. and this extended to death and that it should do so with us is by them desired Now many suppose this difficulty though very great may be at least in great part assoyled if we consider that the persons to whom this Law was given was a people chosen by wonderful miracles and wonders from all Nations to be the people of God and bear out to the world the Ensigns of his special love to man in all Ages and Generations which tokens of love in obedience to his Law were suited with answerable judgements in the neglect of the same And surely those things which relate immediately to God in the point of gracious service hold forth nothing to us but assurance of eternal punishments to the unrepentant sinner Saint Paul confesseth himself a blasphemer 1 Timothy the 1. 13. and declaring in the last times what fearful and horrible sins should appear among men 2 Timothy 3. 2. he takes notice of blasphemy and bids onely from such turn away Now if you would have a Magistrate to work without a divine precept we must look at the height of improved reason There we find that zeal for the Gods among all Heathens made blasphemy death and surely reverence is due by the light of Nature to what ever is called God Of blasphemy under the Law the Councell was Judge Now the Sanhedrin was not of Priests they might ask Councel of the Priest but determined themselves and these by Gods Law put the blasphemer to death many conjecture upon this the Devil Aped Gods Law others his delight in blood hinted the Law as in Heathen Sacrifices but sure such reason makes against these objects intended to take away the pure light of reason for who that will acknowledge a Deity will allow the Deity to be blasphemed But now the doubt is whether these are not under the Gospel to be reserved to the last Judgement Some beleeving that if Paul of a blasphemer and who ever was a greater became a Saint a Preacher of the Messiah who did and thought to do many things against the Name of Jesus that is against them called on his name why may not any other be converted where is Gods dispencing with the Law where the special reservation of Paul he did it not against the humanity of Christ but his Divinity it was for calling on his Name Some excuse Paul because zealous but others
to endure no longer then the time Kings and Officers have made great advantage of these unjustices to the insupportable dammage of the Nation and ought speedily to be rectified and all Grants Charters Usages and Customes to that end to be void So have some Lords of Mannors holding originally of the Crown as it is called as of the Dutchy of Lancaster got such priviledges as they are called which ought not to be nor may by just Law for that such priviledges are dispriviledges to the whole Community opening a door to injustice and irregularity and consequently to bondage for all may be freed from charges taxes services and the like as well as one And to say it is to be presumed the Supream Magistrate will not do it is vain they have abused themselves and many subjects much who have paid largely forsuch grants and after the Princes have been forced to plead they were mistaken in their Grants and the poor men have been left remediless for their purchase money In the last place it is fit that all visible personal estates be rated as they appear and people visibly rich in Apparel House Houshold-stuff Dyet c. be esteemed as they esteem themselves Now the end of all Fines ought to be the defraying of the publick Charges of the Nation City or County and the Offices there respectively and to make these certain by composition must be as experience hath manifested the inlet to greater corruption and abuses and though other Ages having seen the evils of the old way of composition-evil deserted that and therefore gave Fees at large presuming they would take their salary and fees besides yet it is manifest it was the evil of bad men for the other is the best Law and punish strictly and fear not you shall have Justice exact The Magistrates Power and Duty as to ordering of Families THis Power hath divers objects as between the Husband and Wife Parent and Childe Master and Servant and so contrarily and also the Master of the Family and Strangers It is very requisite to be very wary in the head Law the Lord God only gave the power to the husband generally Now the exercise of that power in the Jewish state was Tyrannical and absolute and ended generally in divorce and what needed any inferiour Law where the head Law was so Magisterial But this being either obsolete in it self or made so or both and really the Lord Christs words intimate no separation except only for Adultery and that exposition is the foundation to many as they suppose justly not to make Adultery death for if so what needed divorce but this is omitted here and we proceed Let us see what is the Law of the Gospel truly it teacheth a duty and obedience beyond what the rudiments of the world enable unto Our Common Law seems to me in something too divine as I may say As for example it will not admit what we evidently see viz. that a man cannot rule his wife there are women which will offend the Law against the will of the Husband and indeed it is visibly not in his power to help they will not only sell and give his goods but break spoyle mis-spend c. They will some beat the Husband some cruelly mis-use the children c. and no way to punish them but the good man is answerable for all I know the wretchedness of many men but there is a little weak Law against them Let us also have some Law publick for the women with that tenderness is fitting to conjugal Societies but there must be an aw in some one or more Magistrates even to bridle such exorbitances and neglects on either side and make due a provision in all cases and that wisely and speedily or Divorces indeed as usual will be multiplied and from thence Fornications and Adulteries clandestine and private make what Laws you can though a legal divorce may be waved Next as to children there is no due aw and respect of or in some nay many Parents the duty of the sense of education is wholly lost there is nothing but rude and exorbitant loosness not only Parents curse Children or provide not duly for them but Children the Parents and for want of a head Rule no question is made more of this then violences in any other relations Now in case of such Rule it is fit to proceed by a more particular Law for if upright knowing zealous Judges be not there is no right therefore it is fit to make these Laws Oeconomical more particular then others Again as to Parents neglecting the due provision for their family the Magistrate is wholly beaten out of it The rule ought to be that the Magistrate might take cognizance what a man can earn if imployed next that he and his be set on work and thirdly that he doth not nor shall mispend it but that the house-rent and all be carefully discharged and then where labour fayles to be supplyed by the publick Purse Next for servants not each one that will to entertain servants unless visibly able to maintaine and imploy them for otherwise there will be many sluts and more Thieves with multitudes of Receivers which the Law can take no notice of This Law must extend to all sorts of servants which have not estates to maintain themselves visibly otherwise there will be from the neglect in one a visible carelesness towards all Let no servant under a penalty be hired but with a publike inrolment in the Town or Precinct Parishional or otherwayes however neither dismissed or to go into another Precinct without License of an Officer in Writing this is the Law of England at present onely carelesness of Magistrates admitted pride to grow too fast in servants and then all was omitted and this is a main inlet to Confusion It is also fit strictly by a sworn Officer to keep the Records of the Birth of Children for the Age is now grosly mistaken and no ascertained way of probation with a small fee as a groat to the State to pay the Officer for enrolment so much for search so much a Certificate For that of Strangers it is to settle a little better the power not only of the Master of the Family in general but particularly of those who either by profession are Inholders or others like them upon other accidental occasions who now are by some persons made servants to their Lusts and have no power to bridle exorbitancy that they can know for to speak once for all it is not enough some wise learned book-man knows all these Laws or if all the so called Lawyers did the Christian Law must plainly and perspicuously hold forth to every man his certain known and assured duty and power in their respective places or the guilt be it blood or otherwise I fear lies especially if not wholly at the Supream Magistrates door VVhether the Magistrate may appoint the Ages of Marriage And to whom the work of the Marriage belongs
by Execution to this end it is fit as most think to give a general Oath of faithfulness in their trusts although they agree it true that the generalty of men are just for Righteousness sake oath or no oath they are the same And so on the contrary but in a Commonweal in the State that England is now in it is fit to make Laws of this nature probationers for a time in each County and by due returns of what is done which is so required but neglected for that in all things its noted only from all Acts and Ordinances and Instructions earnestly required for a day or two and then rejected which is a great oversight in them supreamly concerned for it is visible all men are by this beaten out of the road of setled obedience and spin out time to attend the issue and that falling out as of old they will never be forward to service after so for service in Arms the forward appear the other slack so in Assesments upon the true value the forward pay to the utmost peny the other half no punishment but talking no deal gently thus is all sense of obedience to Powers and Authorities destroyed by the Powers themselves and their self-ended Agents seeking to make parties for one such time and person-server shall in this corrupt Age have more followers then 20. honest men But I return to my task If the supream Power have due returns let them see and judge out of the severall experiments made what is fittest to be the general head Rule and way of the charge of Arms It s visible in our condition at present the generality of the Nation are unfit to be entrusted but for accidental evils there can no particular remedie be well prescribed the general Rule wisely executed must be the top stone under God of the safety Magazines in the several Hundreds for the publick Arms of the Hundred or the chief Town adjoyning or such head Town or Town of defence in a County to be the Magazine of the County these have all their objections yea in a setled state all or any may be useful and in a distracted one may prove destructive now the difficulty is but to find out the best as we must say for the present temper of the Nation for its certainly true to settle unity love and peace and root out the jealousies and acerbities which are risen in a Nation its fit to have all the same general Law the Supream Magistrate ought so to administer Law that it be the same to all his Subjects To follow the crochets of Machivilian Politicians by transplanting souldiers is to nourish absolute dependences such as free Common-wealths explode only raise to an eminency of power to do good or evil at lust which is tyrannical no a necessary dependance is all here hinted which though some may extend farther then others yet while its rule is not absolute nor its constant practice there is no just ground for exception by this its plain the Laws must be equal that is respecting time place person estate c. and so universal now for the leading and conducting of these whether to place the whole under a general Command absolute and setled of a known Military Officer or of a Civil Officer as now the Sheriff and the other to be setled by the Supream power as need is is worthy enquiry yet easie to be determined for if it be looked into both will be seen necessary for the setled Law of England alwaies allowed the power of the County to suppress Riots c. and against obstinate offenders and oppugners of the Publick peace therefore the chief Judges in the County must have an Officer duly constituted who shall see to the execution of the Laws next to give the ancient Colonel or the Col. of Horse in each County the chief trust in order reserving special power of making an extraordinary Officer in chief is while Commissioners for the Militia are a Court resident the most evidently safe way Now we are come to consider a necessary engagement and that is the pay of Officers and Souldiers of the Trained Souldiers of the Nation To this it s easily answered if in actual service pay is necessary the doubt is only in time of peace now not to distinguish of peace as setled peace and disturbed peace intervalls of peace and war or outbreakings or fears I say in the most setled times its fit the Officer have some setled pay be it more or less as the Supream power thinks fit I shall not enlarge concerning that what the age of Souldiers is is not so needful ours is the best way that requires an able man of body and of this the Commissioners are absolute Judges It s not much requisite with us what rank a Horsman be of especially if the State be mixt Monarchy so called or Republical for honours engage not to a dependance that is should not but as the Law requires For offences done in the field and as Souldiers let them be tryed by the Commissioners for the Militia without any form of complaint legal or in writing that is so necessitated and let the Marshal see the Judgement executed For all things which now the Heralds exercise in Office and which the Lord Marshal did take cognizance of they ought properly to come to the Commissioners thereto appointed in the County and that for the Militia is the fittest for Honours arose from Arms and with them let the Records of Honors remain The Lists of them enrolled Souldiers Those authorirized to make and fell Arms Powder and Ammunition of all sorts Let them also have the sole power of watching and warding but by a like head-rule of a proportionate charge and let them have a set way by a joint consent at Sessions or as is by the Supream Magistrate appointed to raise monies to pay in case of necessity such as are imployed by them for the necessary peace of the County Let them appoint Superadvisors of Taverns Inns Alehouses c. and let them have their Licenses from them if allowed by the Justices at Sessions and you may make a Reservation of a Rent to the State to defray charges but to admit that entrance to increasing gain is a visible in let to all villany in enervating the good Law under colour of publick benefit which is most carefully to be avoided as the shelter to private knaveries Lastly the rule of punishments that is the general Law of punishing mutinous refractory and disobedient Souldiers and that both in actuall service and also in ordinary musters and trayning or better to express it appearing in Arms is to be considered and some other way thought of especially for trained Souldiers who are not in constant pay then cashiering or taking away of Arms for the despising of Arms is yet in mind and the honour of the trust of Arms is unknown it must be corporal punishment as whipping with cashiering some incorrigible rude unworthy
person or running the Gantlop and this by the judgement upon vote of the Officers of Troop Company or Regiment if the Regiment be there Seek not many but fit souldiers but look none keep Arms but those charged or allowed by the Militia or Justices as now one is fit if not of necessity I have now but one word to the Commissioners and Officers and in them to all Officers of Trust Judges and others be strict in your duties to your Supreams and require nothing but just things and obedience will flow of it self it is the Military power that in all alterations of State gives forth the Rule of Government from their order is the Nation setled Reduce therefore your Discipline to a just and setled Rule and then each one labor to beget this opinion in your Souldiery which is truly a Christian as well as prudent humane Maxime That the riches and safety of the Master is in the emulation of servants but as that so this must have a just emulation and by that the Army and so the Commonwealth will be established and preserved but this emulation is fit to be a little better known It consists principally in the glory of doing good but that doing good is materially in avoiding or hindring of evil I mean they that will faithfully serve the Commonwealth must not only keep the Laws themselves out of conscience of their own duty but also see to and as much as in them lies that is as lawfully they may in their places enforce the performance of them by others the want of which hath so disordered Civil Government that he that requires or advises but the obedience to the Law or a just and consciencious regard thereto is thought nay called a busy-headed fellow a Roundhead a pragmatick self-conceited shallow-brain'd fellow Turks and Heathens will rise up against us Gent. you it is that must redeem Authority buried in the ashes of politick mercy which hath destroyed Kings will ruine this Commonwealth ere it hath the honour of a settlement unless the prudence of power set it on his legs again with the blessing of the Spirit of the eternal wisdome without which all mans labor is in vain But I proceed with my intended settlement Whether Indictments or Appeals are to be pursued in cause of crime or both HAving done with the due regulation of Arms which under God are the great staies and support of men to assure their peace quiet repose enjoyment of what God by their friends or labors hath vouchsafed them for I must agree that the foundation of humane happinesse subsists in the providence of the Almighty however he useth us as instruments that is gives success to our endeavors thereto We come now to look at the civil settlement in the remainder and first because the criminal part of law is of most and greatest concernment as looking at the life of man I shall therefore look first at that now in this the difficulties causing difference are these in an appeal there must and ought to be witness besides him that appeals for he is the accuser and that either in his own right or as next of kin but all for private benefit Secondly there the dammages are to the party and it is a personal thing proper to the complainer and he may desist when he will and compound as he will The Indictment is at the suit of the supream Magistrate solely for the benefit of the Commonwealth and the State hath all the goods and all dammages and the prosecutor or complainer is here a witness for the State but at his own charge which is as now used unjust The Interest therefore of the Magistrate the Subject ought here to be compromised rationally for assuredly if life goes for life dammages are cut off as unfit or of unequal value to be rendred for the life of a man therefore the heir or wife or friend who should bring an appeal as I conceive ought to have no forfeiture some recompence may be where the life is lost as in all cases of Murders and voluntary considerate killings and in all appointed duels not in heat of blood especially if for ought the Law gives a remedy for great abuses dispunishable by Law it seems not reasonable but of this more after Now for to clear this indeed it is requisite that there be as is justly supposed in Law an Attorney for the State whether called Clerk of the Crown Clerk of the Peace or what other name you will give him setled in every County who upon a set day each week by vertue of his place should receive all complaints and that upon oath himself being duly sworn and then by and with the consent and advice of one or more Justices should frame an appeal generally thus I do challenge you A. for the peace of the Commonwealth to answer to B. for the death wounding c. of C. whereof you are accused and let B. and another witness make two witnesses and upon the finding of him guilty let him be fined moderately that is so that at least a fourth part of his estate be left him The like Law also in case of Maym wounding c. whereof two parts to the party wounded c. a third part to the State to bear all charges for it is not fit to add charge loss of time to him that is before oppressed in case of life let life answer life unless by misadventure yet then he must be fined but not to the party but to the State and that but to a third part of his estate reall or personal to bear charges and where the life is lost the charges must also be apportioned in like manner For the leavying this the way is before set but for discovery of estate there is the difficulty but in Lands admit no trusts for deceit nor uses to cheat and the estate in the Land will be visible and take the goods in possession at the time of death and all is satisfied that can be expected Only let a set time be for Creditors to come and be satisfied also that the Common-wealth be satisfied and the members not ruined undone and impoverished Thus shall both interests be satisfied and the multitudes of legal quarrels by indictments c. will be quitted which have freed many rich Murderers Poysoners c. and of other offendors multitudes when there have been poor prosecutors That this must be done in the County where the fact is committed is owned Let the transferring him from one County to another when taken out of that County be setled in an easie and speedy way and that a Judge be there ready to determine such cases weekly if not daily however to examine witnesses immediately upon Oath which all Justices must have power to give as they see cause therefore make wise and honest Justices better then yet are and let this be taken as evidence as far as is credible and let not witnesses stay
the Councel be highly fined All these matters are subject to devolve into meer Form except Justice in the Supream Magistrate aws all for according to their example do all others frame themselves therefore it is still fit they be under due and visible regulations How Debts are to be Recovered HAving briefly passed these Heads I come now before I come to treate of the way and manner of Trials particularly by twelve men to treate of the Civil Policy as diverse from Criminal and look at that as it looketh at Liberty Goods and good Name And in this I shall pass over the Introductions to Debts which are Trading Bargaining Selling Giving Granting Bequeathing and the like and the consequences thereof now as to this all Revenge is but bestial Satisfaction is Rational Now the satisfaction must be either from Lands or Goods Lands for the benefit of Posterity ought to be preserved as much as may be therefore till there appear no Goods there ought to be no Process against Lands but as the evil present is alwayes heaviest so the liberty of the Parent is to be esteemed above the future advantage of the issue and then the lands are to be sold Our Law holds forth things just enough I cannot in my conscience but say the fault is principally in the Practiser and the Judge the one to move unjust things the other to determine them although I believe many of the Errors were brought in upon Prudential grounds rather then Legal or to avoid the rigidity of the Letter originally For thus it stands the Law being thus anciently that first Goods then Lands then Liberty was to be seised for debts c. upon a just and proportionate Rule necessity found wayes to evade Quaere the Goods and they were others Quaere the Lands and they were aliened and to run through the difficulties of all these Trials the burthen was found too great and therefore the Law of imprisonment at first by Atrest was brought in That it is against Priviledge that is as used I believe it highly but that it is against Priviledge duly used is not to be deemed We ought in all things to remember we are Christians our professing well and practising ill makes bad Christians nay meer civil ones Atheists and keeps good Heathens from Conversion Surely now we by our Laws make such multitudes of poor that we see no way to relieve them and therefore we exact not the Law of common distributive Justice I dare not be too bitter The Lord write upon the hearts of Magistrates such let me say Christian affections that the poor may be rightly maintained but that is not my task here therefore I proceed If any Debtor be let the Creditor come to a legal Officer appointed and there Avow in the word of a Christian that such a one is truly indebted to him in so much and shew particularly how if the publike Officer knows the man responsal let the Debtor be immediatly summoned to answer to the Creditor for so much be it by Bill Bond Book Promise c. If the Officer knows not the Creditor then let the party be summoned and if he denies the debt then let one legal Witness for all men are not to be admitted Witnesses Avow by that I mean a Protestation in the name of a Christian as before a Magistrate that he knows the thing then if the party satisfies not the debt by a day let a Plea be entered No more but thus A. of such a place impleads B. of C. for ten pounds which he ows him upon a Bond or Bill or as the matter is Then let the Debtor answer thus B. to the complaint of A. for the debt of ten pounds denies the debt promise Bond c. or pleads so much paid and tenders the residue with submission to the Order of the Court. If he appears not let an other summons go by way of exacting the party or parties to appear under the penalty of the value of the debt if he appear not nor any Attorny for him being warned let the goods be immediately seised and inventoried by one sworn man or more and apprized by sworn men as they are truly worth then to be bought at the first hand to the utmost of their knowledge and let one Justice of the Peace administer the Oath to appear equally and indifferently between Creditors and Debtors then let a Jury of twelve or six men such as shall be lawfully called of the next neighbours capable of the great trust of such Judgement sufficiently qualified with estate to recompence knowledge to discern and faithfulness to act according to knowledge for such ought all Juries to be and then the Trial by Juries is excellent where the matter needs or will bear the delay except you shall so enforce obedience that Trials may be speeded as called then the debt proved let not payment be till all Creditors be called in and then let their debts also be proved not allowing above forty dayes for all and then let the goods be divided into three parts if there be no other estate otherwise three parts of the whole be distributed proportionately as the respective debts amount a third part saved to the Creditor c. And the same Trial that settles the goods let it pass the lands and let the Seisure of the Land and Sale be by the publike Magistrate but all enrowled in a Book for that purpose How Lands are to be Recovered SUrely the old way of State and Seisin so called in the simplicity of that Age was good but to speak it once for all it is the Magna Charta the great priviledge of Free men that they may make Laws according to necessity I write not this to destroy but enlarge the Subjects Priviledge who now by the practike part of Law are deprived of the just end of Magna Charta and all else I know there is a conceited humerous generation that are content with nothing but the Letter of Magna Charta and others as much against it I shall equally walk equally between them It was then a good boundary to the Prerogatives of Princes and power of Judges and it were better to follow that truly now then to be again ingulphed in as vast an Ocean as no Law in the variety multiplicity and difficulty of Laws for how many things literally observed would plainly much prejudice the Commonwealth but I proceed Lands then in case of doubt must receive a Trial as for other matters of value before a publike Judge the course by a short complaint at a day set for both parties with their Witnesses present who can prove the matter in question or upon Oath made that they are sick or such Case as is allowed upon Oath taken before a Justice of Peace the Affidavit of such persons may be read attested under the Justices Hand and Seal Alwayes provided the Affidavit without another special Witness doth nothing and in Case that the land be adjudged
equally just yet let the Commonwealth have its due freedom let the Fines be made certain one years clear value which cannot be above two parts in three Next No forfeitures next to pass by free deed lastly all as Free-hold at Common Law except onely the Rent for it is better enlarge the Rent and have no Fine Lastly let no Rent be distrainable for upon the land after eighteen moneths due and for the apportionment of Rent let it be recorded between Buyer and Seller and if parties concerned cannot let two Justices of the Peace upon hearing both parties determine it and let it be recorded in the Parish or Town-book to cease all Controversies after To clear this Let a Commission issue to some persons to return a Survey of all Mannors when granted what Customs what Tenants what Rents Free or Coppy the quantity and nature of lands particularly the value yearly that so a foundation of settlement may be laid but because of the great advantage hath been said to accrue to the Commonwealth by Coppyhold-lands above free and Charter-hold in respect they were not subject to cheats frauds c as Free-hold lands let us a little consider how lands are to be passed Whether Inrollments ought to be in each County and how and the way to avoid deceit in Conveyances c. and of Frauds and the best way of punishing them HEretofore Deceits were not so frequent men yea even the highest preferred honor above inheritance Now as the love of riches the god of the world prevailed so private interest grew and from thence looseness of Law and the jealousie between our Kings and people made Laws come forth difficulty and when ever they came the interest of one side was visible or the Law so choaked with ambiguities or incertainties or so short in the main that it did but add to Contention besides the difficulty of obtaining them without an active leading Parliament man were the Author or eager promoter which in those dayes few would or did undertake out of pure zeal so that men set down willingly by the evil and lookt to prevent it as well as they could and take their chance as they called it amongst others rather then stir for new Laws of any sort This made of late years the legal robberies of cheating and truly fraudulent conveyances encrease as well as Letters yet not within the adjudged remedy of Statute frequent for it is as easie to avoid the Statute as to quench ordinary fire with scalding hot water one good Law against all frauds is better then a hundred of the best against fraudulent conveyances the reason is so gross and visible that it neds no president there are yet too many But while all possible means of the exact purity of Justice are to be indeavored by all Magistrates especially Christian It is just and requisite that they take the hint of the good hath flown from the manner of passing of Coppyhold Estates which truly proves that an Office of Inrollment at least in the Head-Town of every County is of necessity with such due regulations as is fit and in the same Office a passing of the wives consent by sealing the Deed of Sale or releasing it provided the Act be done before two Justices of the Peace be as good as a Fine the Dedimus upon the Fine is to meaner persons less fit to be trusted then some Justices may be however not under the conscience of an Oath which all they be the charge of a Fine is not so much though to some it is more then they are worth and ought to hold some rule of proportion as the trouble care delay c. Let there be therefore alwayes some authorized to take these There is another legal I dare not call it deceit the Custom hath established it as a Fine to bar the issue intayle or a recovery or both with single and double voucher but what is this but Custom against the Statute Law by the assent of the Statute I know the Evasion is but a meer Evasion it is better to mould the Law anew for the Law is both wayes unjust for the Statute Dedonis is in it self a perpetuity and would settle lands impassible in a short time and then all men must flie to the Supream Power for remedy let them therefore settle how lands shall be De jure as for example The eldest son to have all two parts of three or three of four or a double portion or at the will of the father provided he gives it no otherwise but to him and his heires and indeed all other estates are but to be a little over-wise but in this I shall not undertake to prescribe ought I shall onely add let the Law be All frauds to be punished by Presentment which found legally dammages to be to the party according to the value proved and then a fine to the State according to the Law and the nature of the offence Now this according to Law brings us to discussion of Juries Whether it be best to have Trials by Juries and in that of the Course of all Trials Civil ALL agree that right is to be done but many nay most differ about the way and certainly there are divers wayes and all good but there are better wayes and the best but the diversity of Opinions is great in these for some call that best which others call but good so various is Judgement much more Opinion for many which have found the good of one just wise discerning Magistrate will think him better then a Jury of Twelve and they that have found corruption in one Magistrate and Justice from Twelve men abhor what they call Prerogative Sentence it must be assented to that while in the flesh the best men are subject to fails and mistakes and therefore to drain Justice hath been thought the best this with popular jealousie in the just fears of dependencies of Judges rivited England to the maintenance of Juries who will not easily forgo it and though there is at present so much miscarriage that I think there is far more evil then good by them to the Nation I would not their temporary ejection but their due strict and setled Regulation But first every Case is not worth such trouble but Justice must be done in every Case and unless you will pay Juries for their pains they cannot travel therefore to avoid this you must make Judges in every Town and though the letter of the Magna Charta is general yet do but the Justice of Magna Charta and the Subject will not complain Justice never wrought dispriviledge and is above Magna Charta But before we proceed with Jurors let 's see how Cases ought to come to the decision of Juries then what Juries c. Now it is just that before any suit be the party wronged should first privately seek peace then call the party before a Magistrate to know what the difference is and see if it yet may
be composed if this will not do let a Magistrate allow a legal controversie Then let his Case be set down specially as it is after the nature of an Action upon the Case and let Oath be of the truth of it and that he is able to make it good by Law let the Case barely be stated no Conceits no Opinions but the naked truth which the Complainant is to make good Let this alwayes be within twelve moneths after cause of Action Then let a Summons go to the Defendant by a sworn Officer from the Court or the party or some other making Oath of the Summons if he appears not let a Note be fixed to his door under a severe penalty to any one to take off requiring appearance or to shew Cause if neither be done let the Trial immediatly be awarded if he appear let the day of hearing be ordered and entered in the Court-book and that truly by the Clerk under a severe Fine immediatly to be deducted by abatement in his Salary after which time let a Jury of twelve or six men for it is not the number that doth the work I think six best but that contest is not worth the while the alteration of an old received way is the greatest objection be warned not under the penalty of twenty or one hundred pounds and nothing ever paid but of ten or five shillings to be assuredly levied to the States use immediatly of Course unless sick in bed or otherwise imployed in the Service of the Commonwealth in the County above twenty miles or hindred by Providence which Causes sworn and allowed may excuse or essoyn him for not summoned the Officer is sworn and must admit no present contest Now the men must be knowing understanding men and of estate to answer dammages if that be continued if they give a false Verdict which is just being they are properly Judges of the dammage now if they and the Judge differ upon the Law let them do it at their peril for the Case let it be stated the Judges and their hands with the Counsel present set to it and let the yearly Judges decide it and if the Judge be faulty let him otherwise the Jury be fined to the State and if they give a false Verdict that is go not truly according to what is truly alledged and proved unless they or some of them of their own knowledge know the thing of which they are bound to give the Court publike Cognizance for Juries as other Judges are under a Rule of Reason and Common Justice then Jurors must be of the next inhabitants to the place where the fact was Committed of the vicinage neer dwellers so that they know the parties their lives and conversations and thereby judge But there ought to be no relations of Consanguinity or Affinity within three degrees for although spiritual or publick relations ought to be preferred above natural yet this is now little known less regarded Lastly he must not be who is a Jury-man a common Swearer Drinker Company-keeper nor ejected any congregation as an evil person an offender against the peace and quiet of the Nation or one that hath declared his opinion before sworn It is agreed it is best object against the Juror before sworn but what the court is mistaken in ought not to be proceeded in therefore till they be as we say gone from the bar just objections may be offered but the Judge must not allow objections as to favor or surmises after sworn if it be let it be proved for let no Juror after sworn be dismissed but the reason recorded and this proof is easie and then let him be fined When Judgement ought to be and Execution And when void IUdgement ought immediately to follow Execution unless some just cause and that only in Law be offered and for execution notwithstanding the cause which may be for delay alledged let the goods be secured or the money deposited or no cause allowed And if the party be present let him enter caution immediately to perform the judgement or otherwise to imprison his person is not dispriviledge if he be able till he performs it let the caution be setting his hand to the judgement which ought to amount in Law to above all Statutes or Customary Judgements alwayes provided if the execution be not within twelve moneths upon any Judgement whatever the Judgement to be void for the long hanging of judgements and other securities is also legall injustice I say no more Offendors in impannelling Juries Imbracers and the like FOr offendors in putting in knowingly unfit Jurors in any kind let them be fined and the Fines high and deducted out of their salary if any in hand otherwise by distress besides loss of that place and disabled of any other for at least some years for it must be perjury for he is a sworn Officer For drawers of Iurors or informers of them aforehand to draw them to one party let all be upon presentment and tryed and fined What Distresses are lawful THe Law is just that no man be destrained in that whereby he principally earns his living if ought else be But to distrain one man for a Fine due from a Hundred Town c. this is hard without speedy remedy is unjust let this be generally committed to a Court and right done as the fact appears that is let an equal rate be and the Constable and Overseers gather it and pay it immediately with respect to his dammage adjudged and set and if they will not let the Court enforce the rate and all charges upon it and so in all other Cases What to be done in cases of waste c. IN case of waste let the forfeiture be certain for Tenants for year by Lease let it be their Term except an incom be and for that let a Jury mitigate For Guardians of Infants Tenants for life and the like let it be treble dammages those to be assessed by a Jury What to do in Commons THis is a matter of large extent and is one of the great sores of England which wants healing Our Commons are either appendant appurtenant or by reason of vicinage and were originally the relief of the beasts of the Plow and for the breed of young Cattel for the Freeholders and do primarily belong to them and as their Farm was so might they put upon the Common greater or lesser quantity of Cattel according to proportion But long since the rule of Commoning was lost and Commons are become the ruine of the generalty of the poor to whom Commonage belongs not For first they get a Cow in Summer and live idlely of that and not providing against winter they buy dear in the Spring and sell cheap at winter and the rich so long as the purse payes not few regard how things go by this at last miserable and remediless beggery ensues besides the general neglect of Commons as of all matteâ—… of publick interest whereby many poor are undone
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
original and the head of this fountain of bitterness being stopped the streams it is hoped will be dried up From whence doth all this proceed but from the opinion of the benefit of uniformity and from thence the necessity and thus we War that we might have peace and instead of convincing by Love and waiting the appointed time when the vision will assuredly make haste and come and will not tarry we enforce labouring as we think by humane wisdom politiquely to prevent the evils we imagine may grow to a disturbance of the Peace of the Church And surely this pride of heart and humane Wisdom this thinking so well of our selves and looking at the opinions of Christians more then the lives and conversations which is next to the eye of every man and whereby God and Christ and the Gospel is visibly dishonoured is the source or spring of the quarrels of Christians our duty in practicall Christianity is so plain and our conversation so contrary that it is the Wonderment of a Moralist and all our divisions for Church Government Power oh had we Power And what brethren could you do with your Power could you raze one opinion out of the heart of any conscientious man now after so many thousand yeers man leave this vanity Christian now after sixteen hundred yeers learn to know the motions of the heart are only in the hand of the Lord teach in season and out of season to draw to the Faith but let the Spirit of man be convinced of the duty of Faith What sense and reason is capable of in the plain Law enforce so far as to secure the peace and expiate justly the offence For the Quaere of the power of Churches one over the other I suppose it is beaten sufficiently and in whom the Power of setling of Pastors and Power of excommunication rests I shall now proceed and as a necessary Quaere treate a little First of Impropriations and then of Prescriptions Impropriations to speak plainly are of two sorts the first called appropriations being the granting presentative benefices to Religious houses The other was the freeing of such Lands as were given to Religious houses from the payment of Tythes the ground of this was the supposed vertue that was in the prayers of these Religious persons but indeed there was a knot of carnall Policy also which was to keep the people ignorant by admitting little preaching which was counted the mother and nurse of Sedition Now this Arrow came not only out of the Popes quiver but secular so called Princes after he began followed till at length the Abbyes Monastaries Fryeries c. had abounding in riches and thereby abounding in ease growing Luxurious and sinfull beyond belief fulfilled the measure of their iniquities and Henry the 8. was the instrument as aforesaid to plague them who yet looking rather at Lucre and Power temporall then Religious duty did not return the Benefices and Tythes into the Ancient course but conveyed them still along to the owners of the Lands of those Monasteries c. to which they were annexed as they are still continued Now as many had such things by particular grant so others held them and some other onely by prescription but the not doing of three or four things makes Reformation difficult First the not ordering all Christians in a Congregational way either limited or parochiall or absolute which is best without which a choice of a just safe and equall representative Christian will never be Next the not ordering all Annexations and Impropriations into the Common stock for the maintenance of teachers Humane and Divine Thirdly the discharging of all prescriptions customes Grants c. of particular priviledge of old either of places times or persons Lastly the setling one Law weight measure and tenure precisely throughout the Nation Now to speak one word of prescription I take it to be but only the continued Right of a particular person or family or now of a Corporation Township c. So that upon due and full search it seems to me no more then a custome in many places and cases Now for this the time of prescription ought to be set certain next the same ought after once pleaded to be setled and published just as a custome so that no publike Right may not be publikely known and the Justice of it owned for many prescriptions are as unjust as many customes and equally to be disallowed as arising upon false grounds evil in themselves or tending to the dammage of the publike I now come to Quaere What Law the Christian Magistrate ought to settle THis I suppose many will accompt a needless quaere both in respect that the law judicial generally is formerly asserted requisite to be the head law and also a forme or kinde of setled proceeding in law agreed to be principally according to the reason of the common law so called of the Nation herein laid down as grounded on the word of God But my intent is a little to discuss the rights of the so called common law and civil Law and whither it be fit to allow such divers courts of so called divers laws and to search shortly whether they were originally one and the same or not which I really suppose they were for it is evident that although the first writers of our laws use not the forme of words of the civil law dividing the law into the tomes of the Digest the Code the Authentick and the Feuds Yet the rule of Justinians Institutes which are an epitome of the Digest is by them wholly observed Now the Digest or Pandect that is the new called Institutes for they are various in names I agree to be but the drawing of the multitude of particular opinions and judgements of many venerable sages of the Law into one setled body of Law containing variety of learning upon particular Titles of law or head laws which laws being grown exceeding voluminous and intricate the English neglected them and few being learned they were under the sword dispensed with and politiquely brought into the Closet of the Conquerors breast and as the condition of the Nation required were enlarged or streightned at pleasure And upon interest only the municipal law or customary Law of the people was by some setled in opposition to the so called civil Law Now this interest was partly of Princes who found the Civilian still to draw strongly towards the advancement of Papall interest partly of the practizer who hereby siding with the Prince at last drew the Civilian into a narrow room and got the name of common lawyer as studious of that law which was used and received among the people by tradition generally and in time they got preheminences and liberties as we have seen established We have known the great strifes that have been in these courts not out of conscience of the interest of justice to be either more faithfuly or more speedily and at a due rate executed but to bring grist
to the Mill as the ministers glory was to have a multitude of Auditors no matter how few Christians they would but scan his Doctrine question his life and unless he were more worthy scruple adding more to his former abundance So these mens honor was to have their courts packed with sutors that the several practiser from the Judge to the dore-keeper might have his Fee from these shifts grew the so called prohibitions consultations c. And the poor Sutor was undone while the Courts admitted First with ease the Quaere and then eagerly prosecuted their own dues and rights before his could be determined which was ever slow paced enough This evidences the necessity of setled Fees in all places and that from the supream Magistrate This also clears the case that the supream Magistrate must admit but one Law in practice and proceeding nor one sort of Lawyers he may for the advance of learning order the study of it in Latin and all the exercises But the practise all ought assuredly to be in the vulgar tongue of the Nation and in that tongue to be constantly printed and also all precepts and processes of the Courts whatsoever for the pure executing of justice is more to be eyed then humane learning For as in the Ecclesiastick State when the ordinances of men and unction of men are preferred above and justle out the ordinances and unction of the Lord the Church is Apostate So when interests overtop justice and justice and righteousness are become Nominal Topical heads Hypocritical Colours to wilder the people the State is also Apostate and as long as either of these work in Church or State the Apostacy the fatal ruining Antichristian Apostacy reigns Therefore all the Courts of a well constituted Nation a Nation that seeks the welfare and freedome of her people indeed must have a body of Law proper to the Nation and this must as before be so setled that every Subject may in due just and evident way partake the benefit of it therefore it must all be common and keep that name that weak ones may not be offended what law soever be setled for it is most properly belonging to the Community Lastly admit as little form as may be yet I would settle the habits of Judges and practizers in all Courts but by way of honor for I intend but this one word the glory of form is lost where form is made Common Scarlet the ornament of Judges is the guard of a Groom in these daies Whither offices may be put to sale IN a word this is the plain inlet to all corruption admit this and your setlement must totter to distinguish betwixt judicial places and other is but to hook in a liberty to unlawful things by degrees for all are officers tending to the execution of Justice and it is unjust to pay too much and to stay too long for justice as well as to be denied justice or have false justice Admit such practises and all evasions of Law will be not only studied but practised one evill admitted a thousand follow That just and honest and wisemen have done it and do it is not worth the while the short answer is there is no man but errs And soonest in matters of interest much more where custome signes the lawfulnes of it but a word to what makes it seem lawful Suppose the place be eighteen hundred pounds per annum accompted as the Chancelours was in the late Kings time and Sir John Finch pay so much annually viz. Two thousand pound to Duke Hamilton Two thousand to Lord Au. and at last hath four or five thousand pound a year only to himself So the Prothonotary of the Common Pleas to pay eleven thousand pounds for his place and have eleven twelve thirteen fourteen fifteen hundred or two thousand pounds a year had he not better have had it freely and only five hundred then if he had died within a year left his only daughter a beggar and his Friends engaged only to purchase a more then necessary allowance I could set down who had this money how it was shared unless wise and honest men then misinformed me By this it is clear that there may be a sufficiency to settle the interests of the supream Magistrate if they have wise and honest men to carry on the work upon foundations of certain Justice and pay every officer and the Supream Magistrate to be a gainer however no looser but the people to be surely advantaged in the just procedure and Issue of their litigations Now for the choice of Officers it is setled before both in the qualification honest and skilled and in due manner approved and in places of many Officers where aptness is by the course of succession if no objection bee is most plausible but not to be tied to it Now the way to have good Officers is to settle eminently just Judges and to gain them is not to have too many and in yong States or beginnings this is of absolute neeessity for without it ruine is unavoidable The necessity of educating Sea-men and the way of breeding them and from that of the Politique Law to restrain eating of Flesh THis quere is of great concernment to This Nation and Island God is our support but the means which the Lord affords us are not to be neglected Therefore in the first place we shall look at the way of encreasing and breeding Mariners I suppose it is clear to most intelligent men that by the fishery there by long being abroad in stormy seasons and high Seas whither great gain invites them they become not only inured to the Sea but grow hardned and dreadless their experience being much more then either a Merchant or man of War can atchieve So that where they breed one able Mariner a poor North Sea-man breeds Ten. And indeed from these are your great Ships manned I must therefore be the care of the Supream Magistrate especially to provide for even these The first care is that they may fish safely therefore the convoy ought to be sufficient Next when they come home there must be vent for the fish The obstacle is the old superstition of the Lent or the Forty dayes fast the just and prudent Magistrate can easily remedy this by making it Twenty eight or Thirty daies There is an objection or two against the season First religious or so supposed just before Easter and carries the time of superstition setle it to begin upon a certain day of the Month yearly and that scruple is gone The next is Physical then is the return of the year and our bodies which should then receive best nourishment are filled by fish with cold and flatulent nourishment this may seem much to some but it is not worth the while for suppose there were nor flesh nor fish there is variety of meats to live on for a month in England But I suppose two daies in a week truly observed to have no flesh spent were
consult a remedy and if a meeting of some few Churches yea be it provinciall shall be required till error arise it may not be unlawfull they have the Right But if the Magistrate upon error settle a Law to prevent that error further the Magistrate ought not to go and so far he may then the Churches ought to observe that Law But in case of Error or such Conventions as are possibly dangerous to the Civil Peace the Supream Magistrate ought to be advised and ought to be obeyed if dissenting yea though his dissent be not in some eyes well grounded for this evil is the least however experience hath manifested in a superstitious Age the Church-man prevailes in a swording the Magistrate What I have written may to many seem doubtful to whom the power of Right belongs But the plain meaning is this This being a Church-Affair an Assembly for the settlement of conscience it is the proper work of the Churches And if the Churches have power over one the other as in the Popish Episcopal and Presbyterian way the Summons ought De jure to move from the Church but the Magistrate may prohibit and ought to be obeyed but divers Churches dissenting this in fact caused first an address to the Imperial Power and so it would do again also the very Congregating such Members into one place ought both for the safety of them that meete and the place where they meete and of the whole State to be not onely with the knowledge but the approbation of the Supream Magistrate and the rather for that though those elected ought to go yet no Christian may be debarred this in that way and in the Congregational way more clearly will assure that though the business be a Church business and concerning matters of meer conscience yet the great matter is as they are men to consult of difficulties and this is the Church-work and therefore the Magistrate ought not to prescribe the Christians met what to propound For I presume That ought to be long before manifested first in the private Congregation then in the adjoyning Churches yea in publike Conventions There is another part of the Quaere that is Whether the Magistrate may summon without the Churches prayer Now as to the right assuredly as a Father of the Country principally intrusted for the good welfare and peace of his people and as a Christian taking notice of unchristian Controversies he may invite assembling the Churches and may require it but ought not enforce untill the civil Peace be actually disturbed he leaves the sin at their door This root of bitterness arose from thoughts of the necessity of remedying what was amiss and venturing all for that which is true and false A false colour of truth with a real mistake the Magistrate cannot enforce here the Church must have its due liberty here otherwise we must admit by the Rule of Contraries the like power to the Church against the Magistrate offending No let each keep their place and if the Magistrate will amend the Church let it be by Preaching not fighting let them come that will upon his call let him perswade the other not enforce actually politickly he may no not though all that come agree with him But I am confident Take away the interest of Power and Revenue and the Spring of all these controversies will be dried up for the matter is clear in it self and by most so agreed I could enlarge much in this and all the heads that I have treated on I could have multiplied Quaeries to delight the Ear and make the Book more Merchantable in this Age I could have scattered witty varieties Recorded old Histories and enterwoven new Stories to have delighted a foeminine fancy I could have so polished my phrase and trimmed my discourse that it should have stoln away the heart of a light youngling and like a Romance fettered him in a clew of delights till he had come to the end of the Book and been never the wiser But as the first thing moved me to this Work was the serious apprehension of the bitter Cup the Lord had put into the hand of the Inhabitants of this Nation to drink and what God had done in Germany when my soul considered the deadly defiances among men so called Christians not onely Nation against Nation but they of the same Nation one against the other When I eyed the Threats and Promises of the Word of the Eternal God Revolved his Acts of old and at present done amongst us comparing the Professions and Practises of Christians and that though we had light above others yet our sins were more grievous then others but most of all was my spirit affected with the many engagements which lay upon the Nation For this light drew from us on all sides Royal and Parliamentary and that under what notion or name or opinion soever you will rank them Promises and Vows of setling Truth and Righteousness King Parliament and People all seeing the Errors in Church and State a bare name no face if a footstep of pure Christianity This in the first place put me upon a more serious way of Writing and in the second place the multitude of my occasions would not permit the idle time to clip and pare and file when I was forced to steal time to cast and mould the matter of this Discourse by a quarter of the hour to day and as much the next seldom an hour together and then happily not of a week two or three sometimes not of a moneth after This will render me to a wise man over zealous and over-confident to rush so unadvisedly into such a great undertaking as it doth attempt the holding forth though but in Essay the frame of a Civil Christian Government and they that know me will say Have so many Ages passed Are so many wise men at present And none to undertake it but one so young a man not able for time to have digested in any part the voluminous Tracts which he that but offers at such an Essay ought to have gone through and to do all this raptim and that by snatches which required the most serious thoughts Lastly A man that practised the Law of England so short a while that he could not comprehend the Ambages of it and for eminency of parts a man of no Renown the world hath not taken notice of him I know this as to others will be the whispers and speakings concerning Me and this Work It is not presumption of my Abilities nor to gain applause that I adventure upon this Work my heart was fired within me when after so many reiterated undertakings for Righteousness Justice c. I saw the VVork so far off from perfection that it was worse then before I waited attended hoped prayed and all yea incited men able and skilled in the Laws of the Land by long study and approved parts They agreed Error in the whole a necessity of Reformation and that even by a
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual