the King must have their priviledge and as the King must not be sued but by Petition a Royal cheat so the Lords must not be arrested but by prayer a Noble flattery but a most grand abuse arose from this for much cost did many bestow to get the King Queen and Lords into their debt who never gained more then undoing the recompence of foolery by their knaveries and multitudes of debtors and trespassors bearded Law and Justice both Now for Judges Counsellors Attorneys Lawyers of all sorts or pretenders thereto the other persons priviledged they stuck together like brethren so that hard it was to pinch them especially two the Judge for his power and the Attorney for his priviledges but of this before sufficient for the present intention Thus were all matters in distast as to the great and principal ruling part of the Commonwealth and head and heart thus sick the body sure was in a distemper for all the Courts indeed from the County Court to the Court of Pypowder which I think is one at least of the lowest followed the track in proportion of all the tricks quiddities niceties of unjust dilatory and expensive lawing used in the high so called and supream Courts of judicature I shall but hint the abuse in Witnesses there being now grown visibly many more just exceptions against men then the old Laws allowed But the great evil in all Courts was and is that the indeed common and most ordinary questions were not determined and setled Matters of Accompt matters of Covenant which hold partly an equitable partly a legal right determinations of litigious questions in Wills as in case of a name mistaken in case of a gift given to a child payable under age who shall acquit the party that payes it nay indeed the ancient law concerning acquittances real and personal to me seems lost To ravel all and shew the utmost of absurdity error and perversness grown upon our Courts Lawes and Lawyers is not by one pen to be declared all is out of order I will cease to tell what all know and complain of there is nothing sought but riches and honour by what means soever I wish the Seats of Judgement had been clear of receiving moneys so called Dammage clear which shortly is thus A man sues and recovers now by the Law there is a supposall and but a supposall if that be to be supposed which is well known to the contrary that the Recoverer hath his debt or his damage and costs of suit now the first Law holding forth and looking at a kind of equity if the suit were for so small a matter that it exceed not 3. li. 6. s. 8. d. recovered then it took nothing but if it were more then it took two shillings upon every pound Now although I suppose at the original this was or ought to have been a sufficiency to have tryed the Cause and to be added to the Judgement and paid by the Defendant yet now it comes only to the Master of the Office who assigns Costs upon the Judgement and this is paid before Execution which the party happily never lives to see performed this was as to a moity allowed in the Upper Bench. But in the Term called Easter Term 1649. it was as an oppression taken off by the Judges a small beginning to a great work but fit to operate the clean contrary way but is still continued in the so called Common Pleas. In probate of Wills and suing out Administrations to whom it belongs whether accomptable if divers children or the wife to have all or the eldest child all and the rest nothing with a thousand other things are so difficult in Law though easie in Reason as cannot but be the wonder of any one that sets himselfe to consider it Now to speak a little of the Titles by way of Feofment or bargain and sale what a world of difficulty in them I dare say never a Lawyer in England can especially in the most excellent tenure of the land assure to any man a good Title neither Knight nor Lord and all arose First from the want of care in Judges authorized to enact Laws who heard of cheatings and yet gave no stop for this is sure he that is able and sells not for need but for conveniency to better himself otherwhere will not deceive grosly because he knows it brings scandal as much as charge and trouble though his conscience be but loose but the poor needy Prodigal that drinks away thrift and hardly knows and little cares what he does he it is that falls upon this trick and he first entayles then mortgages then sells The entayle is setled by the wives friends to secure the estate to her and her children they keep this secret but to keep their credit they will not borrow the money nor commonly witness the Mortgage Thus hath he all his deeds and the discent appears fair or the bequest 't is sold to redeem the Mortgage the deeds and state all parts from the Mortgage and the buyer thinks himself secure but is cheated and the Statute of fraudulent conveyances shall not help c. and all the recompence he hath is the Creditors body if he can catch it Lands so setled pay no debts Another way of cheat is the Statute of Uses setling of estates in trust to deceive making long Leases and such like This filled the world with infinite jangles and although an easie and speedy remedy were proposed both to King James and the late King yet the interest of the Lawyers being now made subservient to Prerogative all was quashed so that the Land was filled with multitudes of oppressions cruelties cheatings and extortions and no remedy and the Lawyers only enriched thereby with the Officers of Courts upon long tedious and intricated controversies they were also vexed with old sleeping judgements which no time being set unto it was the fashion to keep money in hand upon a purchase to clear incumbrances and that kept was seldome paid for to say there was no encomber amid so many wayes was difficult to swear it to no end but to prove it impossible thus if an honest seller met with a knave a rich and contentious or contentious buyer only he gat it not or so that he had as good have lost it So for Annuities Rents c. Again for conveying there was livery and seisin the supposed absolute strength a fine and the late passage by enrolment yet none of these absolutely certain for the fine though strongest and the five years limited passed yet if the seller had no right at the time as many had not being neither heir purchaser nor possessor the fine wrought not yet this not to be discovered by all the writings produced which shewed good title the livery voided per some prior lease and the enrolment not done in due time Indeed almost all good Statutes are by the loosness of Judges invalidated for so soon as honest men provide
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
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
many come from the Parliament to him as well as went with him there he erects or allowes a new Parliament And by their advice as his Parliament at Oxford demands Treaty with his Parliament at Westminster which they reject and at last the Lord Keeper of the Great Seal London indeed stood true to them which by its Vicinity to the Parliament and infinite populacy awed all other parts they had a sence of former sufferings under the power of Kings they had a deep sence of the extremities the godly and most piously affected people suffered in all parts of the Nation and how far the vicinity of the Court and Archbishop of Canterbury had violated their Christian Liberty prevailing over the quiet spirit of their Bishop was though little not forgotten they therefore generally followed the Parliament especially stirred up by their Ministers as having in hand the cause of God The King he brands them all with Declarations of Rebellion and taxing them with seeking his life and the rooting out of his Posterity They answer that they were so far from seeking his life as that they should labour by all means possible to defend and protect the same their just Rights and Priviledges preserved and for his satisfaction cause the Nation generally to enter the like Protestation this not satisfying but it being still urged by the King that the Protestation was but to establish their own power not secure his fears While their Armies were in the field against the King they answered They were only on the defensive part and such indeed was the Generals Commission and that they could not but according to their trusts preserve the Laws and Rights of the Nation Hereupon they open the Law that the King was indeed but the chief trusted person and that for his peoples sake that of this not he only but they also and more especially being congregate into a body were to judge that his failings past demonstrate his ends contrary to publike interest and resolve that even the Law of Nature taught self-preservation and that it was too too visible he intended an usurpation upon their just Priviledges That they desired his preservation so it might consist with the Weal-publick and therefore desired him to leave the company of evill men so called his Counsellors who mis-led him and to adhere to his great Councel and promised to make him on these terms the most Glorious King that ever was in these Nations and now a diverse part appearing upon several grounds and opinions amid the Members of the House the prevailing party to firm the union betwixt the Scots and them more strongly whose assistance they had had all this while in the work they frame a Covenant which held forth security and glory to the King and his posterity in endeavouring to settle Church and State upon the firm foundations of Justice and righteousness which taken in Scotland is transmitted hither and they by Parliament made brethren and this is tendred to the King to sign being first taken solemnly by the principal of the Nation with this condition That if the King agreed with them in it they would still not only acknowledge him their King but make him more glorious c. But this was so penned in such general terms that an absolute Royalist might well take it for it was intended by the some I say not the many by the leaders not the followers but as a measure to try the stretch of every mans judgement opinion or interest many no doubt took it cordially many formally some strictly some loosely but though this were not only taken but urged yet Armies were continued against the King as he said in the field against his evil Councel as they said 't is truth their evil Councel was now his the Lesson of absolute power and to be like his Brethren the rest of the Kings who had joyned interest with the Whore of Rome made him not only hold correspondence with that Beast not only at bed and board but Councel also as far as served his interest who undoubtedly aimed to rule in all things according to his own Will which Will yet should have had Regulations but still with such dependence upon his Judgement that he being the speaking Law would have had no Interpreter that should be able to cross him and his determination and so the Law must have spoken in all things to his lust or he would have made it and this he thought and I am perswaded believed to be the undoubted right of all Princes though their people as his in case of contest between competitors for the Soveraignty might wring something from them of Grants or Charters or so called priviledges or immunities which yet he believed they could no more grant to the prejudice of the Crown that is of the heirs and successors in the Kingdom then things sacred to God could be imployed to prophane uses This doctrine admitted which I dare avow was and can prove sufficiently by Witnesses yet alive That our late King Charls said these words openly upon a Hearing Mr. Hern I have heard what you have said What do you talk to me of Law Justice or Conscience according to all which Mr. Herne alledged the Patent signed by his Majesty to be I tell you said the King there is nothing in England shall stand that is not for my profit There stands one pointing to Sir John Banks then Attorney General who had hundred of pounds many I have heard for the work and drew the Patent shall bring a quo warranto against the Patent and see then what you will do Now take notice this Patent was of the new invention of Salt and opposed the Monopoly at the Sheilds under the favor of deservedly beheaded Hambleton and the Inventor not complying with the Kings Interest against the priviledge of the Subject the King brake not onely his private word with him contrary to particular engagements under his Hand carried by Sir Charls Herbert but also his publike word as King this sentence being so ruinous to the man made the Worme speak and said Sir Dare you be a King and be thus unjust I never read of Tyrant said so what ever he did or words of like effect whereupon Lord Dorcet with a great oath by his Maker as I express it said loe and if it please your Majesty these are your prick-eared Rogues the Tub-preachers and indeed he was a Zealot these are they will pluck you out of your Throne unless you dethrone them I pray take not this Lord for a Prophet unless like Caiaphas This word I could not but insert for conscience sake as a firm Index and testimony of his reall intentions This kept him off from closing with his Parliament and the rather because they insisted to have the Sword in their power for so many years or during his life tenderness of him caused the Parliament to venture far for it could not by this sole defensive way but protract the
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
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
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
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
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
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
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
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
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
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
may not be fit to be made publike yet the winding up as it is evident so the reasons of that issue may as some conceive fitly be accounted of at least to some specially appointed who are to be impowred to that particular end as the Ephori or Spartan Court who judged their Kings Actions the Tribunes at Rome and Democratie at Athens To this it is answered That the condition of the Commonwealth where the Rulers and Law givers are transient and personal are naturally inclined to more equality in dispensations then Kings who wholly labour to bring all to the power of their Successors Princes like them but the sons of the other are like to be under government The other reply that with all men present interest works and power present may if not bound and limited prove obnoxious and for private respects neglect publike profit in the Republike as in the Monarchick State for all are men nay experience hath manifested that many Senators have been corrupted to the betraying their estates to the Empire of a Foreigner never yet a King but to assure his Kingdom and so he was not corrupted The other return that these accidents of the world do not at all conclude more then what was done The ambition of most Princes hath made them true to themselves and the Covetize of some Senators made them false to their Country But the Question here is onely of the absolute judgement of the Supream Power and that is concluded positively to rest there in all dubious matters most unquestionably but for matters destructive to common good or to common Justice or against Reason they are allowed to be accountable Yet it is again replied these were the boundaries before to Kings and are the boundaries to all Powers all have generally broken in all sorts of Governments the examples of submissive accounting Supreams are rare one was found in Rome and one in Greece and to finde two more in all the world is difficult for who as these will be buried and have their daughters married of the publike purse when they have the Treasures of a Nation in their dispose and may benefit themselves much with little or no hindrance to the State Pitty it is the injustice of great men should give such cause of suspition and folly were it while men may not to set a bound and not to set it in the first setlements makes the proposal for the future difficult the establishment dangerous Therefore they propound that the Law be established as agreeable to the light of Nature examples of other States continued experience and not against divine institution The wise and just man will submit to that in himself which he holds requisite to require from an other The Parliament of England allowed the King a Judgement of the necessity but not che sole Judgement but that was because the Supremacy was not absolutely in him and all held fit not to vest absolutely Supremacy anywhere but in Law so that untill established by Law the matter is in question And though the time past when the Legislative power depended upon the Kings will and pleasure by his calling or not calling Parliaments as he pleased there might be some difficulty to settle dubious matters yet that Bar broken where can a let be unless we convert our mercy into a judgement Upon all this it is plain that there are many difficulties in the nature of Prerogative whereby to understand it clearly and truly All States that is the Supremacy of power do labor naturally to advance the so called Prerogative And the people generally ayme as much at liberty but Kings most and they more specially where the Crowns go by way of succession for the great part of personal Prerogative of a King dyes in a State except the Supream power will continue it but then it is requisite in such an alteration to settle justly and remedy fore-experienced and evidently foreseen evils therefore it is requisite that the continued complaints of men especially against the Kings Butlers the Clerks of the Pipe Chequer c. in their fees be setled for the paying and gaining of a Quietus upon a duty to the King is almost as much in Fees as the Rent it self Now I come to see 13. Whether the Supream power can grant the inferiour Prerogatives such as Wreck Forfeitures of Felons Royal Fishes Treasure Trove c. and How NOw for this it is plain first that the Kings have done it and these honours were never denyed for for most of them generally the charge of obtaining was as much to the Crown as the thing it self Therefore whereas they had Officers and Offices in every County attended upon every Court and some special Courts for Sea matters The Kings did give these as rewards to their Nobles and great men within special Precincts where in the primitive settlement of the Nation their dwellings were and so he was discharged of his Officers and the due Courts were let down and the Tryals were reduced all to his Court of Admiralty which as in all cases was and is a burthen intolerable to the Subject and to all impoverished persons Justice is by this turned into Gall and Vinegar especially to distressed persons by Sea for the poor people all along the Coast are like so many Harpyes wreck or no wreck all that comes to their net is fish and thus to save a little charge we are infinitely inhumane but by this it is plain all but the power of making Laws war and peace levying Moneys and some say Royal Mines are grantable by the Supream Power Provided that due means of Tryal of Right be preserved for the publique benefit otherwayes not Some say that this is generally true that is the Supream Magistrate hath power in all Laws meerly Civil but in cases religious or wherein properly the conscience may some say does scruple the Magistrates power ceases therefore it is fit to look a little at that and quaere 14. Whether the Magistrate be Keeper of both the Tables so called THey who make this controversie are not presently to be thought enemies to Magistrates nor enviers of Ministerial Dignity Some have admitted the Popes Primacy who have denyed his Supremacy others have given Princes all power some a Negative but not an Affirmative power in so called Ecclesiasticks or Church matters others take away the Popes Primacy for they take him away equalizing all Pastors and that that speciall designation befits no earthly person others bind up the Magistrates hands wholly some by denying Magistracie others by restraining him wholly to the name of Civils not sufficiently caring for by assured and preventive means those errors which have heretofore clouded the excellency of Magistracie by the pride of Church-men For were inherent holiness visibly and setledly and so infallibly tyed to either of these the Supremacy were determined but while they are all men they must have their bounds and limits Yet in the Kingdomes of the world the
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
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
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
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
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
better for see how Lent was kept lay in so much flesh before as served the household And so it would be ye will say for two dayes in a week I agree it therefore I say truly observed therefore as in the historical part I propound that the reason of every law be divulged and conscience from conviction of the benefit of it engaged to obedience and no way like that as the examples of Catholique abstinence now manifest But if the Magistrate would use force I shall offer the best and most reasonable way which is to send to every household in every town so many fish at an equal and set rate by him according to the number of his family so many fish for every head by the year accompting two daies in the week wholly for fish Now the benefit of the preservation of yong Cattell is great and warily to be provided for therefore let the Magistrate enact that all Lambe killed before such a day shall be forfeited and the killer and eater to forfeit a price So no Chicken Turky Duck or Goose till such an age no Rabbit till Midsommer And that in Two great respects First till that time they bear little grouth and do not much harme if well looked too Secondly the wool and skin is then serviceable Now for Calves the laws for rearing of yong Cattell must be made in them more certain for Bull Calves needs not in many places to be preserved equally as others some also are plainly unfit for to be reared at least by opinion Therefore there must be a loose to them more then others But to setle all to provide that every second third fourth or fifth Calfe be reared up or so much paid to the hayward of the Town And every Town to have one seems easie and feazible Whither losses at Sea by Piracy ought to be satisfied by whom and how ASSuredly the taking of customes c. engages the Supream Magistrate to the guard of the Sea now this done many think the work is done and customes are due clearly but the Subject must bear his private loss Others Christianlike say that there are providences which none can eschew and for these each one must bear his own burthen Next there are remote places wherein Traffique is thought setled Yet clearly in dominions of other Princes and States and that for any Supream Magistrate to assure their Subjects in all places is impossible Therefore the Engagement of the Magistrate must be setled First that the Piracy be within such a precinct or bound Secondly that it be a vessel of the Nation Thirdly of goods lawful but not that if any goods unlawful were in the Ship no recompence be but that recompence be only for lawful that is not goods prohibited whether for importation or exportation Fourthly to a Subject of the Nation in other cases let the customes of Nations prevail But in these cases it is just that Recompence be to the loosers by the Supream Magistrate out of prizes taken by his men of War which ought therefore to be valewed and returnes made Annually to the losers as their losses are proved in time allwaies provided a high punishment bee to him or them abuse the State Now there is great difficulty made of the proof of these things But we perceive it is easie to the State if the Governors have a minde for the lading will appear in the Bill or Cocket if they have it if not and That that be miscarried they can have what they can claime out of the office from whence they sailed And the Principal Merchants can quickly make out the work especially if all Merchants be brought under rules of Trade as they ought to be what ever is yet alledged to the Contrary How all Accompts for the Common Wealth are to be setled c. THis ought also to be done in the several Counties there are the men best known and their dealing Admit complaints to men impowred and that with speedy and due Justice and small charge and men in conscience will complain oft where little or no cause is but that is quickly ended But make it difficult and Envy and Malice are the only accusers men do accuse then not of but out of conscience only Let the times be set positively wherein to have all accompts cleared and yet let none be called to accompt upon error after a set time for I would have all formal accompts cleared and burnt once in seven years they are not worth the keeping let the Auditors be carefully assigned who are to prove the accompts and let the punishment be in case of Error or Arrears securing estate till cleared and the person except good Sureties be for it is clear it is the due prosecution of justice is the great priviledge and if nothing but securing persons will keep them in due order let the work be done For the Iudges they must have power to call to account as oft as they see cause but all to be ended with the year as aforesaid And let all Treasurers and Officers have their fees from the State as before Next let them have their offices onely during well abearing and so much in the pound truly for all discoveries of deceits and the work will manage it self especially if once the erroneous principle of conceiving it unchristian and unbrotherlike for a brother to enform of a brother be beaten out of the world In whom is the Right and Power of Calling Councels THis is a great Question much ado is made concerning it in the world and yet all to little purpose for that most spend their time onely in treating what was done but few upon what right it was founded It is not nor cannot be intended here who should Congregate the people in Civil Matters No it is intended in Questions doubtful troubling the peace of the Churches of God Now it is plain by what hath been said before that the latitude of the Magistrates power in these cases is only the preservation of the publick Peace otherwise he hath but the relation of a private Christian Therefore as Emperour King or State to settle or convene a Colloque Assembly Dyet or Councel Provincial or General he hath no Power in a Church-way It must be only prudentiall to assure or continue the publick peace in the best way they may wherein all things that are not unlawfull and be expedient become lawful But to assure the jealousie of the Supream power it is not requisite to have such publick Conventions without the Magistrates permission but to turn this sufferance into a Right was an Error Again for the Churches to desire the Magistrates permission and after to enforce a Grant or summon without was a greater fault for their profession admits less deviation just Magistrates will not deny the Churches lawful meetings while the Churches seek but lawful things lawfully Now as the Churches have the first insight as by Office into Church Errors it is their duty to
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