moved justly who was the first and principal Agent the Lord in appointing or the people in requiring a King which being plain on the peoples part it is objected that the Lord in his first laws to his people Deut. 17. 14. c. gave them a Rule concerning the choice of their King namely one of their brethren c. and that Jacob prophesied of the same and that God laid down the duties of the King c. To which it is answered that neither the prophesie of Jacob nor Gods laying down the Kings choice duty and such like no nor Samuels annointing Saul by Gods appointment proves any divine institution no more then the prophesies c. of great sins and defections from God c. warrants them No no the utmost it holds forth is rather a Divine concession then an original institution for the Lord in that eighth of Samuel tells Samuel the people had rejected him for being their King and laying before the people by Samuel the usage of Kings ruling at list or according to their own will and power as it were to deterre the people from it the peoples stubbornness ver 7. 8. and 19. and 20. shews plainly that in wrath as the spirit elswhere expresses it he gave them a King that is yielded to their desire of a King and Saul annointed by Samuel was chosen by Lot and being hidden was sought and by Gods direction found out of the people and saluted King with a God save the King whence if it be thought fit to be objected he was chosen by Lot and so the disposition of that being from the Lord the Lord appointed the King it s agreed but thence to infer that Kings are of divine institution it followeth not This only is properly raised thence that God appointed that person Saul to be King of his own people after Saul David comes to the Throne and though by Gods appointment and special designation the house of Saul contends with him Absolom he Rebels and carries the multitudes of Israel after him and Solomon the wisest of the sons of men succeeding though by Davids appointment yea by divine approbation many waies manifested if not fore-prophesied he so sins that the Lord rejects him dividing the Kingdom and now in the settlement of hereditary succession that special spirit which accompanied the cheifs or Kings of Gods people ceases as to the most if not all of them and rested upon special Prophets whom the Lord raised up in the Raignes of several Kings for the manifestation of his glory and love to his people not only declaring his notice of their especial sins but also denouncing judgements in case of impenitency which accordingly fell out in the several raigns of several of the Kings of Israel Judah which subsequent Kings were either faithful wholly or in the main depending upon God walking in the waies of David their father or else a kinde of formal servers of God not faithfully but hypocritically or openly prophane and Idolatrous one or two especially Jeroboam who made Israel to sin yet of Gods appointment renting the kingdom from Solomons heire to give it him and Ahab that sold himself to work wickedness in the sight of the Lord for whose outward humiliation only God spared the Nation during his daies Now this is to be noted that even then such as was the King such was the pople generally and for the greatest part at least in outward profession An idolatrous King an idolatrous people a luke-warm King a careless people a zealous faithful King a reforming praying people So far ever was outward splendor and power a leader of outward profession and civil conversation and under the law accordingly as the Lord was served faithfully negligently or prophanely such was his cariage towards this his people under faithfull and holy Kings great blessings both of War and peace under the indifferent luke-warm neuter self-seeking Kings Secureness in peace and cutting short in War But under the idolatrous and openly wicked actual devastations besiegings overthrows and at last general captivities of which the kingdom of Israel so called being of the ten Tribes under the head Tribe Ephraim felt sorely and still feel where ever they were carried by the Assyrian Monarch who was punished as for her own sins so for the example of her sister Judah whose race was yet continued in their own land under their own governors but for sin cut short and the royal race wasted or over-awed the kingdom at last became Mercinary and set forth by the Asian Kings the successors of part of the great Alexanders Monarchy to a publique sale yet sold to the Preists and of the royal blood untill at last in the fulness of time the Romane conquering or Commanding both the Asian and Aegyptian Princes it was sold or given to Herod an Edomite so that now the Law-giver and Scepter departed from Judah The temporal kingdom of the Jew in power royal ceased from all the Tribes of Judah and Israel And now the Jews themselves expected the comming of their Messiah and the fulfilling of the Ancient prophesies according to their received vulgar interpretation of a most glorious mighty powerful Prince then to be raised up of God who should subdue all their enemies under them free them from the Romane yoke now so much feared and should lead them in the strength of Moses and Elias and by his power should consummate all their joyes in reducing their dispertions to an head and seating them freely and absolutely the Commanders of the Universs Thus private interest still led on the people though pretending to God so powerful is nature ever with the flesh Having here drawn into a short sum the Misterious history of Gods dealing with that people which he did more immediately hold as his own inheritance and made a special covenant with them before we pass to new matter let us a little look back and reveiw generally and briefly what this people was the form of the Covenant the nature of the Laws and Statutes given them by God and their execution and such other particulars as shall offer themselves In the first age the persons magnified in holy writ is Abel Enoch and the rest what were they but plain men living innocently Abel though loving God and loved of God God rescues him not from the violence of his brother Cain but he falls and perishes under his hands and Enoch among the Ancients lived no more then three hundred sixty five years and was translated as t is translated that is to Saints taken into the mistery of God but to men ceased to live longer on earth both were blessed yet one dies violently or untimely the other timely he lived not half the daies of wicked men before translated both judgements in mens accounts In the succeeding generations after the flood what was Noah the preacher of righteousness or of the truth which were traditionally or otherwise received as the word of the righteous God
clearly evince that those national meetings were and are not only the most natural and prudent means of composure of civil differences but also proper to this Nation the due rights of which were alwaies contended for This contest wrung away from the King those two great Charters of priviledge called Magna charta charta de foresta being the express limit and boundary of the Prince that he might not upon occasion fly out after upon his title of conquest the subject matter of them are evident to each mans veiw they are generally consonant none contrary to right reason they are restraints of the Princes absolute will or of Governing according to his own lust and declarative to the subject what he might trust to establishing indeed the right of property meum and tuum against that high point of levelling which the Princes of this Land as of all other Nations sought after not only the great men Mountains Lords but even the Mole-hills the meanest Subjects to the nod beck word of this man God the King The Lords and others saw this wherefore they bound the King by oath but what coard is able to hold a covetous much less an Ambitious spirit first therefore they plead duress or constraint and I must ingenuously acknowledge there was force against force another King confirming it in his minority or under the Age of twenty one years he thinks this a loose to his oath as if he were old enough to vow but not to perform and to these refuges of the Princes the Lawyer could give excellent colours and now the master-piece was to set the work afoot in a legal way and the Judges of the land were to determine this part they were sworn to the King and therefore they must give their advice and afford their best assistance to him the histories publike say it was an enforced opinion whereby they annihilated all the principal priviledges in the grand Charter putting at once the sword and purse of the kingdom into the Kings hand upon necessity making him to be judge of the necessity for the great trust reposed in him as King for the benefit of the Common-wealth and of this faithfulness there must be no doubt this was in the time of a weak wilful yong Prince so that the Lords in Parliament for who else durst budge or stir question the Judges as betraiers of their trusts and the liberties of the people and make them examples by hanging them at the common Gallows There were then men whose judgements and opinions were as absolute for this King and his actions these men and their determinations as might be who cried out upon the Lords and the Parliament as Rebels Subverters of the Law the setled Law and that by the opinion of sworn men the Judges magnifying the King as one that did but intend to take away the Root Spawn and seed-plot of Rebellion for while a power of contest or visible cause thereof remained which these Charters had often manifested themselves to be there would be no visible security for a setled peace if the Lords might judge of one right or privilidge of one part of the Kings prerogative why not of all if so as good be no King this was the Court dialect and of their dependants and this controversie ceased not till at last the King had ruined all the power of the Lords and now all was safe the Kings therefore to divert the stream of affection in the people from seeing into the invasion of their liberties propound Wars in France wherein being successful they please the people with smal things and take away great but especially curtail the Lords of that absolute dependance which was upon them by their under-Tenants granting the use of Magna Charta and the other Charter as Law but breaking it upon all occasions in times of War and then complying in times of peace and truly this was the State of England for the space of about three hundred years after the Conquest But you will say why did the Pope suffer this why did not he as the common and spiritual father of the whole Christian flock use his power both over the great Ram the King and the lesser cattel and younglings of the flock what such devastations murderings perjuries and other evils as must of necessity follow so many Warlike conflicts under Christs kingdom the Lion and the Lamb were to feed together and the Wolf and the Kid to lie or couch together Truly the Pope had ever an Oare in the Boat of the Common-wealth But know Rome was now the Princess and Queen of Power she raised up the people to scourge Princes disobedient to her not those obedient they should whip the people to the bare bones and this juggling appeared and there were open complaints even to Princes against the Vicar of Christ But as the Princes to appease their Subjects propound War against a neighbour Prince yea though Christian for now great men and Princes being become Christians it was hard to know whether Christians were Christians yea or not their actions were so far different from their professions So the Popes to take the Christian Princes off of their intentions to look into his Court and customes propound War against Turks and Infidels a holy and specious pretence to redeem Hierusalem from the hands of heathens still the Jewish pattern by this he hath a double advantage for his chief Enemies gone that is the most active and most zealous Princes for reformation he propounds the same to others but discharges them of their oath for they that went did so for many others he employed against his private Enemies that is Enemies of his leudness wickedness and apostacy from the faith of God the Kings of the earth making a league with the whore and drinking of the cup of her fornications and shall no doubt of her destruction also so that they who should and ought being taken off from punishing her God raised up poor despicable Creatures yea taught Babes and Sucklings to vindicate his truth as the so called Waldenses Albingenses poor men of Lyons in France and boundaries of Italy Wickliff with us John Huz and Jerom of Prague with the Germans and others with others thousands of which the Pope in the teritories of France caused to be murdered by souldiers sworn for Hierusalem Now as the Popedome was corrupted so was the generality of all the Bishops Doctors and Priests in all places they had an abundance of riches fat paunches and lean pates they had now found out an easie method of serving Christ they were in the years of the Churches prosperity that themselves agree and we believe that was the great reason they took so little pains The Kings had reserved donations of Bishopricks to themselves and riches and honor the nourses of ease were what all strove for these dependances held the generality close to the Kings if any opposed it was pride stirred up anger that they were omitted and
and such like epithites which some mens zeal bestow upon it cauterised under the scourge and lash of a long pilling polling suit hurried from Town to City from City to Country from Court to Court Hearing upon Hearing Order upon Order Judgements and Verdicts both so called and yet in a labyrinth not onely Term after Term but year after year and still almost as far off as ever if not further no I aim but to give a clear light that our Laws practised are not the Laws of the Nation that is a set rule of Justice but usurped upon us by evil men they are as practised neither according to natural reason the foundation of the Laws of Nations nor Religion the Law of the Almighty Wisdom pardon my zealous digression I now return to what I had omitted which is that by Law that is the custome allowed A Sheriff or under-Sheriff shall make Returns of Course onely for the benefit of Officers as for example that the party was not found within his Baylewick or that he hath no goods c. when both are contrary yet he is sworn to excute all Writs truly but this is no perjury by or within the judgements of any the English Judges because not being within the niceties of their wise sayings or resolutions no more then thousands of other perjuries which though they may excuse themselves for because the Laws of the Land so called look not at them as the Judges of such perjuries yet that they get no other Law established seeing the great want for redress of such matters they finde before them will be their or the Lands afflictions at last but to go on in a course of Triall These difficulties over I must now put in my Declaration that is the narration of my complaint into the Court in writing and that not in English but Latine though I understand never a word and that in the form the Law requires though I can tell no more then the meer matter of my wrong And in the same manner must my adversary so called also though little wiser then my self But to help out this we have Attorneyes so called allowed Deputies to answer for us skilled in the way of practise and these men they do even do what they list for the Client so called is seldom knowing of practise and he hath so much first for his Fee then drawing the Declaration or Plea which is either general or special and though done with much difficulty and charge is oft mistaken the one for the other again double pleas are exploded and though great advice taken which matter to plead the best is left and so left remediless at Law unless a new bout in another Court help him or else the Chancery either of which remedies is generally worse then the disease Now the reason of Attorneys was this as riches multiplied pride and outward pomp encreased long suits came into fashion and to maintain Officers it was laboured for to avoid further suit by these means to bring all Trials to the upper Bench or common Pleas c. And pleadings ordered wholly in form and in Latine which what for ease and what for the so pretended being so made necessity namely keeping of Records as presidents they were admitted and to get an Attorney was difficult in such chargeable prosecutions which to remedy they were allowed privilâ—dges as Officers in some Courts yet being the Clients Deputies they were the Plâ—…ders or Serjeants I say no more servants and carried their baggs as divers of them did throw in their teeth upon discontent though they have now almost shaked the yoak off their shoulders Give me now leave a little to speak of Attorneys and their practise which almost over-ruled the whole Law First the Judges though the Licenser or allower of Attorneys yet receiving great part of his extraordinary revenue from him as upon Fines c. Next the Serjeants upon all special pleas and the Serjeants and Câ—…ellor upon all legall proceedings the â—lient being generally if not wholly led by the Atturney they were the principal men and Lawyers grown numerous many would covenant to have half Fees with the Councel I profess and averr that a late Judge did being a Serjeant declare it to me as an audacious part of I. B. whom I then found going from him with these words Paultry saucy Knave cast after him by the Serjeant But assuredly they were grown very knowing in the practical part of the Law and some of them have among multitudes of more had these abusive practises laid to their charge against the Laws as taking of Capias's from the Common-Pleas yet never filing an Original This redounding meerly to his profit abusing the Officers of the Court to inrich himself and not advantage his Client for the Cursitor so called looseth one shilling the Philizer one shilling two pence c. So that the Writ which is six shillings two pence cometh onely to him except for the Seal seven pence and if this be discovered before Iudgement though after Verdict I believe it would overthrow the whole proceeding So in suing forth the Capias utlag For whereas upon true practise a Capias being awarded to the Sheriff who by wicked custome not looking after him returns a Non est inventus that is upon a Writ to take his body the Sheriff though he might take him returns him not found whereupon another Capias or Writ to take his body wherein of Custome as aforesaid the Sheriff again makes such a perjured in Christian acceptation return again then goes forth another Writ mentioning what ado they have made to get him and oft times he is out of the County indeed it being done of purpose in another County that he might not know it and then for his contumacy he is exactioned proclaimed and out-lawed and this oft in two Terms which ought to be done in five by the Law but little justice in any part of it though spetious in pretence yet if the Capias were delivered to the Sheriff there were some rule observed but the knowing Atturneys can do it themselves using the Sheriffs name who never sees the Writ and did he not one of a hundred can tell what to do but by his under-Sheriff a late constituted Officer upon the high made difficulties of Law who being one of the same Tribe calleth discovering of error defiling the neast and so lets all pass as Custome leads Thus is a man put out by the Law of the priviledge of a Subject and this only to maintain Officers for let all the course be examined and the issue will be nought else I have known this sued against a man for that the Law gave no action the party yet never demanded the thing and of a man not worth twenty shillings in the whole world and the matter it self not worth five shillings the Charges came to nigh four pound and if he hath notice no way but to sue a Supersedeas which is I take it
remedy against an evil present and emergent by act it is the knaves work to converse with a quick brained little conscienced Lawyer and crafty Attorney to find a loose from the Law which is too oft allowed and the Judge excuses himself by the letter of the Law Therefore I shall now generally declare that the whole frame and foundation of Englands Government was loosed rotten and vanished which I thus manifest Look at the Lands and its evident that had Noy lived or but the Parliament been deferred the most considerable part of the Kingdom had been Forrest upon the claiming of which what quick work was made in some places few but know that which had not been Forrest to the King would all have been secured to him by Office as holding in Chief or forfeiture otherwayes either upon the chief Lords or some inferiours want of Service And as the King had dealt with his great men so would they with their Tenants whether Knights or Soccagers but especially the Copy-holders should have suffered without remedy for it was grown to this that as no Jury durst find against the King if a strong contest were that is if it were a matter worth the striving for and supposed to be or might be a flowre of the Crown so neither durst any find against the Lord nor indeed well could they tell how to do right either to the Lord or between the particular Tenants for the Copies were generally brought to this course only to name so many c. of the Tenants R. or B. c. the Rent they denyed to set down so that the Bailiff cheated the Tenant but especially the honest or ignorant one at his pleasure and exercised more power rather Tyranny then a Prince for the Fines they generally drew them to the meer Will of the Lord and in that were absolutely illegall and although it was pretended the Chancery was the moderator that was but to help the Lord for not one man of a thousand would contest if rich seldom but he was a Lord for every Peasant was now become the purchaser of a Mannor if poor the controversie ruined him Now let us a little here look at the nature of Copyholds Which I conceive came in thus at the Norman Conquest upon the setling of his Commonwealth as he had laid his frame that is that all held of the Crown mediatly or immediatly that is they by greater services as Dukes Earls c. and the inferiour Lords of them so all these Lords had their inferiors under them that as they served the King in his Wars to preserve the publique so these might serve the necessities of the ptivate Families as Soccagers to plow sow and cut down c. and Villains to carry muck and do all drudgery or meaner work and were both but a kind of servants the one yet more free as having his Land only paying his Rent Corn c. the other absolutely bound over whom he had at first power of life and goods and all both yet of which as the Nation grew civilized and religious got more liberty and priviledge so that they became absolutely free and their present conditions are so diverse from past though the names remain that a man will hardly believe such things were Yet from these divers harsh villanous Customes and usages are still continued all or any and every of which are unreasonable and unwarrantable for the villain or bondman his Land was his Lords as was himself his wife and children After it was given him under a Service but he could not give nor grant then Services were turned into Rents yet he had no power to dispose all was in the Lord after the policy of the Kingdom being depraved and these villains being grown too numerous taking advantage of civill dissention among the Masters the Servants gained the priviledge of inheritance but not to pass it by free Deeds or grant or sell but to descend at last they came to sell and usage only regulated all this and then were used as free Lands all but the way of passing it which matter of form is most highly penall even to forfeiture and indeed these forfeitures are the sole end of most Lords Now these evils of forfeitures and the like though for small causes are grown exceeding penall mostly from the difficulties and delays of Law but enough from the rigorous unjust and cruel principles of the so called Lords of Mannors which now each greedy griping rich man is purchaser of and the value according to usage set accordingly Now these evils arise thus First all the Jury who enquire of the forfeiture are the Lords Tenants and those that are pannelled are not able or rich or commonly of any great reach and the Steward most commonly an Attorney he is the meer pentioner of the so called Lord and his improvement of his fortune is to improve his Lords Rents or estate and that is by searching out old antiquated Evidences for original Agreements Compositions or the first or primitive Custome and then pinch a poor weak Tenant upon that Custome and he submitting another and so on till all or the most be buxome and who is able to withstand If it be quaeried why some rich man opposes not it is answered few rich men but are either Countrimen and then either are or expect to be Lords if Citizens their gaines are great and are not desirous to spend their estates to inrich Lawyers and thus Lords and Clowns got into things called still Mannors broken divided and shattered no way retaining their original constitution through the baseness of Kings Judges and Officers and the interest of Parliament men few of them whose cause it is not the subject especially the poor is kept in a base unworthy vassalage under the constitution of the Norman Conquest and free men engaged by the tenure of lands and by prevailing and unregarded Custome to a slavery which was abhorred in the King yet usurped by fellow subjects upon each other and that with Prerogatives higher then in any the Princes Courts for the common priviledges of extraction and profession are no way pleadable against their Fines and Amerciaments so that I have known a professing Esquire take of a Christian a Knight and Barronet his neighbour fourty shillings for Amerciaments for not attending at his Court which was paid by him onely with this protest by his Steward that that fourty shillings should get his Master twenty pound per annum and where they may call a Court as oft as they list and too often as some widdows so called Ladys of Mannors holding it but for Life do it must be as burdensome as unjust Besides there is nothing certain in any Court either for the Ground or the Rent or the Fine or the Custome but the legal pated Steward can to wreack his spleen finde a flaw in and laying his land onely by so much in such a place if any ground be wood or rich that is the Lords
of the day in the wisdom and power of mans strength did the Lord give such a signall Victory as being wisely followed and improved the Kings party were never able to make head again but their severall parties in the severall Counties were partly by the Scot keeping them on work by diversions The English Generall neither Winter nor Summer gave any stop till England had but two Armies the mercinary so called of Scots and the other of English And the King Oxford now only left unto him was enforced to try his then last shift namely to betake himself to the Scot having a strong Army before Newark thereby to engage a quarrel as is more then evident to all by whom he is presently upon the surrender of the place carried back to New-Castle and they wisely finding the difficulties attending them in case they should carry him personally into Scotland upon a Treaty deliver him up to the English and what was altogether unexpected return into their own Land what engagements to a return I know not And now the Presbyterian party so called fly high indeed and urge execution to the highest of the settlement of their own Interest having no other publick enemy bandy against their brethren in the Lords War the generality of the English was for them the so called Independents being esteemed by the many as the Christians of old actors of all impurities and their fry of Confederates the Sectaries but as so many legions of Divels sent into the world to give a stop to the erection of the glorious Kingdom of the Lord Christ Jesus and sure some in their zeal would have thought they had done God good service to have killed them I can in my private thoughts compare their condition to none better then that of the Israelites when they had the Sea before them and an Army behind them and were in the wilderness I know the passion of many a soul when after all their travails for Liberty from the yoak so called of the Bishops Tyranny they found themselves ground to powder under the Milstone of the Presbyters Rigidity and all this for conscience sake for the Presbyter began according to the old Rule with Church work and that was and ever will be long work especially where men take it upon them without the Lord the builder builds in vain From this the Commonwealth being still as over-burthened as before the distastes were great against the present Governors still as before the galled back seeks ease let the plaister cover or saddle be not only gilt but gold This opens a way to the oppressed for the righteous and just ends of the undertaking of this war being held forth that the ends of the Covenant as looking at Gods glory the peoples good and the just Rights of the King were not ever intended to be denyed but the pretended ends namely thereby to ensnare the consciences of men by self-ended glosses or the banishing their persons and confiscation of their goods not for neglect of civil obedience but not conforming to the opinion of others when as yet it was professed that grace was the free gift of God that the rules of prudence or earnall policy had no ground in Gods Word if prudence only might rule why not the Popes and Bishops as well as the Presbyters and to enforce conscience with the Sword of the Scot was as evil as the Mace of a German These and the like matters dispersed abroad and especially in the Army some Regiments rowze and head and notwithstanding all possible endeavors of the Parliament both at London and in the Counties the whole Army is fixed and both with life and Armes meet at the Rendezvouz and engage to prosecute the just ends of Liberty or to obtain the just Liberty of the people and hereabout the name of Levellers first arose part of the Army actually seize the Kings person at Holmby and now the active Grandees of the ruling party so called Presbyterian are accused of high Treason The King is under the custody of the Army and all means endeavoured I beleeve to make him instrumentall to the ends propounded to themselves how far their Treaty proceeded or what obligations were on either side were and are to me private I can take them to be but politick Transactions with respects to their mutuall respective or particular Interests and no further carried on but that either party had their safeguard their way and place of retreat But to proceed there was much spoken now of the Scots return and many agitations a great body was enforced to attend the King And he of a politique head was much catching and drawing and it is likely that his great knowledge where he met with true conscience not equally gifted he must prevail for prevention of which and other evils he I beleeve by stratagem and over-reach was brought to carry himself into the Isle of Wight where five hundred could do more then ten thousand otherwhere but see this brings greater preplexities for many now wearied with war and its effects of all sorts or so pretending taking advantage of the Armies opposing of disbanding cry out there can be no peace while there is an Army and though it is truth they were not a meer mercinary Army but raised by Parliament under the notion of engagement as free men for their own just Rights Yet it was plain their Interest was now grown wholly into the Army and that experience shewed there could be no just settlement while the Sword was unsheathed That they intended nothing but to take away property and introduce confusion and were Levellers haters of all Justice so that now the Souldier was enforced to stand upon his own guard London was opposite her Trade was decayed her Assessments great and all places filled with complaints The weaker party in Parliament being sedulous and crying up the Common good got not only many hearts but had enwoven many strong dependants into principal places of Trust and Office both at Sea and Land so that all that the mighty men could do was only to plot but they could not bring to effect The Army was before much admired for complying with the King and who so high against them as the Presbyter O they treated indeed it was the success however carried they maligned sure I am they opposed not the thing for they acted higher in it then ever did the other but to prepare for the work about the eleventh of June 1647. The London Apprentices so called made the foulest breach unto the Liberty of England that ever was forcing away the Speaker and all partaking with the Interest of the Army and the residue of the Members to testifie their contrivance of the fact choose a new Speaker and declare them at Windsor the head-Quarters of the Army whither the Speaker and divers Parliament men were fled or retired a meer Juncto as the Parliament of Westminster and the Assembly at Oxford had before mutually declared
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
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
these being originally Regal and absolute held one course to engage as our William so called the Conqueror did the great men to an absolute dependance upon him and by them to vassalize the residue I know many godly honest people see no such thing I believe it God gives gifts variously but most certain it is such dependancies are the Nurses of Feuds and Jealousies If therefore you will setle the Militia aright you must suppose your Nation or Jurisdiction at terms of Unity among themselves under no great and eminent civil broyl for then none on the adverse party to them in power or justly suspected that is openly opposing by purse or person can be for a time entrusted but otherwise the power muff be in the dependance in the Supream Magistrate and their active power by his general Law That is That all within their Limit from twenty six or twenty eight c. to sixty seventy or c. be chargeable to the War that is to say They that have not estate to such a value to be in inferior services as Pyoners c. And of this let the inferior Magistrate take the ordering care Next All that are of such an estate to be charged Foot-Arms All of such an estate Horse-Arms that is Dragoons and Light-horse as the estate is Now as to this and to all Rates it must be known that there will be multitudes of Quaeries arising some have great estates fit in proportion to find ten twenty thirty forty fifty a hundred Horse some in respect of great and vast real others vast personal estates some have their lands lie altogether some dispersed some live in their own some in Cities some have great charges of children poor friends and decayed some in debt and some have granted out Annuities Rents c. and have outwardly a fair visible estate bur indeed and really small Now in all these there ought to be a Rule of proportion with safety to the whole for first it must be agreed that the Commonwealth consists of real and personal estate the real estate House and Lands the personal estate Goods and Money Now this is certain that all Land must have stock all Trades must have stock it is visible therefore the rule of Charges of all sorts must be the Land and the Stock and that whether in City or Country Now for discharge of this it must of necessity be either theirs whose visibly it appears to be or others For Lands in which there is so much more then Turkish Knavery if it were inrowled wisely and justly it would prevent much but due punishment would take it all away while impunity breeds offences that controversie that gain to the Officer and therefore is mercy c. cried up so This Land and this Stock is the subsistence of the Nation I know Corruption fears discovery of estate for either they are rich and would conceal it or poor and fear undoing Now to nourish either of these corrupt interests is destructive the last is most to be eyed but least to be regarded for though some good come of it yet it is the most dangerous for from hence comes all the stock of Bankquerupts and the sudden undoings of many esteemed rich men and indeed it is most unchristian and utterly unlawful for a man knowing himself poor to borrow or buy at a day for what he visibly and certainly sees not he can pay though such may have thriven Thefore allow no discharge either for rates of Assessment of Moneys or Arms contrary to the visible estate but with certain knowledge of the owner onely this is fit that for Assessments for the visible personal estate abatement be per rate as for land by the hirer all the Objections are answered before as to personal estate and for real let it be charged as it lies in the Counties I say not in the Towns it is best leave that at the discretion of the Commissioners or Judges for Arms unless a general settlement by a standing National Law be only let such rents c. as are going out bear a proportionate charge of horse or foot respectively as the said Judges shall under Hand and Seal appoint and Record in their Muster-Book For to say it once for all all these Jurisdictions ought to be setled and to be the Records of the County Now I presume you will not find a better way for the present settlement then the owner to be at the charge of the Horse and Arms the Tenant to find the keeping of it labouring him reasonably so as alwayes to be ready for service and if he dyes not by negligence but sickness or in Military service the owner to find another otherwise the Tenant and the Training service by the Tenant also for all service more then for meer Trayning service ought to be the expence and publick charge of the County at least if not National which is more just then one County shall not bear all the burthen of war and charge also as is too frequent and for price of horse lest the owner and Tenant differ let a set price be so much for a Dragoon so much a horse of service and this price to be set yearly at such a day But finding in divers places where the lands lie will ease some part of the just doubt of the great mens over-powring the County by purse and power but nothing will avoid it wholly except it be enacted that no one man find above 6 8 10 c. horses or Arms and that for every one that he is in proportion of estate chargeable above that number let him pay so much yearly as shall be setled to the publick purse or for the ease of some particular service but better all to come to the publick purse either of the County or of the Nation Next all Arms are to be owned the Nations or Publicks yet to be in the hands of the particular persons charged unless dispriviledged Next these Arms must be imployed in War by fit men and even to Christians it may be so requisite if it be not simply unlawful to administer a Military Oath of obedience to the Officer according to the Tenor of the Commission of the Officer or General of faithfulness in his trust for though just men and vertuous are true for honesty sake yet the evil will not but the fear and conscience of an oath will reach far with the worst of men And so to the Souldier respectively Let this and the reason of the disuse be well Quaeried Some presume the best way of settlement is to charge so many Arms only upon the Township whether horse or foot or labourers in the wayes or carriages and all to bear their equal proportion now this generally may be good but the particular rule wil vary every moment either or any of the wayes may do so the Commissioners as they are Judges do justly for all Laws as Governments are not so much good or bad by Institution as
that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
him and that not onely in high and criminal matters concerning his Crown and Dignity the life and honor of his subjects the original due object of the power of the Court now called the Common-Bench or of his Treasure the object of the Court now called the Exchequer or the Court concerning matters of the Income Profit Revenew or Treasure of the King But also of the differences betwixt party and party the object or subject matter call it what you will of the power of the Court now called the Common-Pleas which for ought I can finde authentique to convince me had all one officers which were not many all one Process which was a special Writ for appearance and a trial before the King or such as he appointed in his Court for the King was to be always present and there was also help in case of Equity by the Kings Chancellor in matters of the Summum jus of Law according to the common Lawyers phrase or severest opinion according to the rule of pure conscience that is do as you would be done unto or like a good Christian according to the Episcopal and Church-mens equity in the times of their Regiments now this foundation laid which offered benefit as well as Law to the people who had hereby remedy against the greatest oppressions of great men or Judges in the Courts of the Sheriffs or Lords Courts or Hundred Courts which all at first submitted by way of gradation to each other all to the Kings and so the Courts in Cities and Boroughs and other places incorporate as also Franchises and Liberties which were the evident marks of conquest and granted larger or stricter as the King pleased Now the King plots his own setlement first as being a Norman that is French he wills all our pleadings to be in French for he being as chief Father of the Commonwealth to see to all ought to understand it Next he ought especially for offences criminal or trespasses of force voluntary to have the punishment of the offender as a disturber of the peace of the Commonwealth as well as the particular party to have reparations and therefore he brings in together with Appeals the ancient usage of England which was the challenging of a man to have committed an offence as of treason murder rape felony and the like a kinde of suit in the name of the King called an Indictment and truly all the reason of the introduction that I can see was to advance the end of the Kings gain for here the King hath all the gain all the goods of the party at first from the day of the offence done truth now he hath it in appeal but it was not so for this the old true tale of Kents freedom will be known Evidence for they opposed this part of prerogative and then the father to the bough that is to be hanged upon the arm of a tree the usual and ready way then of dispatch and the son to the plough that is to the improving the inheritance left Concerning the common Law Prerogatives of a Prince or what the Laws of England anciently as by the right and light of natural knowledge granted to their Kings a certainty of land of the Crown Mines of gold and silver Royal fishes lands deserted of the sea and of them who died without heir as the prime person in whom the honor and glory of the people rested I omit to speak at present Truly that this William used Parliaments I finde not though others do for it is evident to the world and he that is not blinde may see he to quiet the people pretended Title but his intention was to make it his absolute conquest he therefore calls Councels where his Lords were present they do what his Will is and there is an end So that grant it a Parliament or National Assembly of the Estates yet it was but to grant or enact what the King desired his Normands had liberty to speak their will what English man durst oppose but the acts of his successor fully demonstrate this who destroys thirty towns and Churches to make a Forrest the Monks of the time durst speak but who else So that now it was evident what Title he claimed by pretend he what he will for the King had still his pretences truly the English were now in great streights they saw their Laws utterly abolished and their lives and estates to lye at the Kings mercy there was no remedy to complain who durst The Bishops yet notwithstanding something interpose but their mouthes are stopped by a command from his Holiness for people must not rise against their Prince but at his will and fill his coffer and you have his Crosier at command for Rome was now at the full height of wickedness but God taking away this sacrilegious Prince he soon opens a way of comfort to the almost cowed English giving them some means of revenge by a royall contest or a quarrel for the Crown this and matters of like nature setled there now ariseth a greater quarrel which hath continued even to these times though with divers parties and upon several grounds and that was betwixt the Lords and the King it seems God would have the English free and though he chastised them he would not forsake them for he makes their enemies the chief assertors of their ancient Liberties for these Lords finde now that they had not the same free priviledges their Ancestors had and claimed their births had now made them English of sharers in principallity they were made meer though greater Subjects The King Lawyers belike had found some flawes in their patents it may be they had done some wrong to their Tenants and were complayned of and the King to anger them that they might forfeit their too large liberties did the poor men right the greatest vexation and Soul or heart-grief a proud great man can have but be the ground what it will many of which are evident and arising as before is said The contest grew high there were things called Parliaments assembled to the end to determine these differences and in them divers good Laws tending to reconciliation were enacted but what was the effect of force ceased in execution when the cause was removed and the Lords armed against their Princes and truly their Tenants took part as the rest did they feared the saving of their faith to their King would prove the forfeiture of their lands to their Lords and now what was intended for the Kings safeguard was his ruine the most immediate Lord carrying all the power the superior Lords all along were strangers So vain a thing is the most prudent settlement of men if Divine providence affords not success But this still remains a sure foundation good Laws are ever the same though the badness of men may enervate and weaken them yea oft times invert them but still as differences grew higher and higher Parliaments were the means of quieting of all which doth
civill State where the Kings as I tell you still laboured to maintain their Prerogative so called by which they intended the absolute rule of their will holding all that was yielded by the Law not as datum or given but debitum therefore they refused it not but laboured to encroach and therefore there was no immunity granted to the Subject but they paid for it no right cleared but bought at the hardest market yet upon these chaffers the Kings settle the Courts of Judicature both of the Common Pleas Kings-Bench Exchequer and appoint Judges and salaries at Westminster a certain place and at certain and appointed times whereby the great and arduous causes the difficulties of which could not be determined by the ordinary Judges of the County might by these eminent and most learned or so esteemed receive a period with less charge to the Subject and to these were appointed Officers and Fees After this the Chancery was setled and the chief Judges of all these Courts I have read the Parliament were to appoint and they might if Annuall but if but every seven years as by after agreement was established it was requisite to admit the king the choyce once and then to be sure he was like to keep it for ever there was a president out of these Courts the kings raised large supports for all the Officers which were now multiplyed went all along with the Crown and yet these Courts the kings liked not but laboured to introduce other Courts the settlement of all these Judicatories by way of gradation admitting a finall appeal to Parliament in course therefore the Court of Wards is erected and that upon a good colour but a bad cause for the latter kings having seen the issues of things before as is related now neglected the warlike education and the preferment of their Wards as at first institution indeed the cause which was then that was the putting by degrees the whole power of the Land by Marriages was now ceased and now none bare less affection to the king then the race of Normans the issue being like in condition with the English ill brooking the service and vassalage which themselves laboured to lay upon the English After this Court came up the Court so called of Star-Chamber intended still as a bridle to curb the head-strong humours of the Lords and great men There were erected Courts of Admiralty and all these Courts were bounded had their Rules in all circumstances the defects of which were still as I said lyable to appeal that is to be questioned in Parliament the Law Courts and Statutes Courts of course the other agreeable to their own nature by supremacy of power neither were the Spiritual Courts so called that is the Courts of or under or by or from the jurisdiction power authority of the so called Clergy from the highest Bishop to the meanest Surrogate of other settlement yet in these the Kings were chary for they appealing to the Pope a curse might follow and who that hath a due consideration of conscience can blame the Princes Judges Magistrates and Officers of those times seeing they pretended to beleeve the Popes Supremacy of power and all other things conducing thereto But now we shall see a stronger opposition to the Pope then ever for he sending out many prophane Indulgences as for pardoning of the greatest offences and tolerating the highest wickednesses Luther a Popeling opposes and that openly before the Emperour at the great meeting or Parliament of the Princes of the Empire many of which took part with him he thus upheld and the Pope scorning the check by a paultry Fryer he curses and excommunicates him Luther writes against that and seeking and searching the Scriptures to find out how to assure the truths he had declared God manifests many more Now here I must observe that Luther broached no new matters it was the old Scriptures and the old truths of the Scripture but the men that then lived thought it then strange and novelty as being contrary to what they had been trained up in Of all the forreign Princes to Germany who stickled in this business none so hot as the king of our England then called Henry the Eight a Prince not esteemed so Religious as Warlike nor approved so Warlike as fierce every violent spirit not being for the management of Military Atchievments and to speak the truth the ease and delicacy of Court breeding imbecillitates the mind and enervates the body for the pains care and danger of War This king nevertheless had sure some design in his head to gain his Holy Fathers good will in as other Princes he therefore writes or causes to be written which he fathered a Book against Luther in maintaining the Popes power yea even in the unjustest matters that is That Luther a Vassal of the Sea of Rome a Child of the Church ought not to judge the Fathers acts nor censure much less controul matters allowed by him much less authorized nay commanded for the bearer of the Indulgences had his Letters missory or Bull so called Luther bears this shock and all and alone stands the dint of the whole so called Christian world a few men and one or two inferiour Princes with an university excepted but this notwithstanding Luther teaching and holding forth the Doctrine of Christ and his Apostles fears not and multitudes are converted I may say to the Faith from the Pope to him he appealing to a general Councel but the Princes oppose with the Emperour as well as our Henry and good reason as I before declared set the Councel to order the Popes matters and a Parliament or Dyet will by Analogical Rule argue at least rationate at first and at last determine of the rule of Princes let a Fryer question the Pope and any Subject may as well altercate with his Prince and at last appeal to a Parliament as Luther to a Councel truly all the irregular Interests of Popes Cardinals Bishops Priests and the rest of that rabble and of kings and Princes Judges Advocates as Lawyers and the rest hang upon one thread and I presume that one sword at one blow cuts at last both asunder assuredly as they have stood so they will fall together but mark Gods way our Henry was a dissolute young Prince and he married young and to a widdow nauseous to such a spirit vain though Heroick or magnanimous to give it the best among such epithites he was desirous of a divorce which he at first at least sought not so much as is most probable for conscience as humour sake for this change he seeks the Popes dispensation she was a daughter of Spain the elder son of the Church that is the most ambitious among the so called Christian Princes which now stood ready at all assayes to act the Popes pleasure He was nigh and potent and must not be displeased the Pope dallies puts the English king desirous and hoping of a divorce upon an injury to
his Crown as it is at last resented by making him in a private manner as a subject to the Pope appear before his Legat to answer his fact Truth is the very Court of England was now tainted with Luthers Doctrine notwithstanding the kings Book and these men taking opportunitie of the kings wrath blow it up to ingratiate themselves and advance their interests by subverting their enemies they instill into the kings eare a Rhetorick pleasing enough to a high and angry spirit namely that he had no dependance on the Pope his Royalme was free True his predecessors either of weak Title at first or controvertible at last of weak parts or in a turbulent State either durst not or did not openly oppose yet truly did what they could to extinguish that power that they beleeved usurped The king upon this resolves to proceed without the Pope and at last having experienced many wayes receives satisfaction and withall to despight the Pope renounces his Supremacie and gains it Enacted by Parliament But to shew his zeal to the Romish Religion he continues the Act so called of the six Article a most bloody and Popish device and executes it by which two conttary Acts a Papist is burnt for denying the Kings Supremacy and a Protestant for affirming the Pope Antichrist and such other matter both at one and the same Stake so that it was evident this Prince sought not the honour of Christ but his own interest but this foundation laid he proceeds a step further which enlightens this somewhat more for the Pope who thought he had as good hold in all his Christendome so called as Henry had in England he first cites then excommunicates him but this Prince all fire by his Colleague in Arms Bourbon assaults and had not Woolsey been truer to Rome then to England had had the Pope his Captive but money not coming timely enough hinders that but he that regards not the father neglects the son Henry therefore throughly angred finds some default in the great Church-men most obvious to Law and least favoured of the people and not at all owned in the word of God as were Bishops Pastors Priests and Ministers He therefore feiseth the rich Abbies Monasteries Nunneries and Frieries and as before the Knights Templers once faln had many sins laid to their charge which it was believed they never did so these had many sins found which it was proved they might well be charged withall which but few ever believed of them as Sodomy Beastiality Murder and the like for Adulteries and whoredoms they were known and he justified his actions by the actions of the late named Cardinal Woolsey who had as he said destroyed little Monasteries to build a great Colledge and he destroyed great ones to support a noble Kingdom intimating that he found that these would be his enemies in his contest against the Pope to whom they were more surely tied then to him so that in case contention came this was so provided for as a dangerous fire hid within his own bowels the lands he exchanged with his Lords Nobles and Servants at easie rates whereby he was little advantaged and they highly obliged whereby he got fast friends against the Papal power and they that would not exchange were noted as favorers of the Pope and from this change first arose our Lay-preachers or Impropriators so called See how God works his ends against his enemies not a title of or for God intended and yet his work done and Henry hath the glory of the first Reformer yea and his Declarations pronounced no less then zeal for Gods Glory but what he truly had others as truly deserved in his Court whose faithfulness to their Prince and zeal for Gods House yet at last by the malignity even of the contrary faction was when his service was ended and the Kings coffers full rewarded with an Axe such fickle things are Princes the sons of men and this is the promise of the faithful in this world of affliction in the life to come eternal felicity this was the first turn of the wheel of wrath against these Apostates from the purity of the Gospel and the practise of the Gospel having left the Service of Christ to serve themselves in the honors riches glories pomps and vanities of the world lusts of the flesh and pride of life and now as wave succeeds wave so doth sorrow sorrows to these children of bitterness for the son makes clean work and hardly leaves a handful of Popelins in England and this was presumed to favor more of conscience because they saw not the hire of the work there was little pay for their pains but he of short continuance Mary though born in unlawful wedlock was notwithstanding the Will of the last King or the Acts of Parliament for disinabling of her through the potency of the Popish party yet by Parliament advanced to the Throne But surely England had now well thriven in knowledge especially from the after Lights to Luther who following his steps went further in the knowledge of the Gospel truth is Luther opposed them and had his followers but the other and more and the opinions increased and spread further And to declare the truth and honor it with respect enough to Luther who deserved much of Gods people as an instrument he had raised up for their benefit his bitterness against his brethren desertors from the errors of Rome as from what they accounted his mistake gave the Papists much advantage to upbraid the dissentions of the Schismaticks so called urging that there was never like to be peace where this gap was opened that the divisions of the Church were subject to the questions or judgements of particular Christians for from hence each man as his understanding or ability was less or more should believe as he listed and trouble the peace of the Church as these Schismaticks had done to prevent which in England it having had some footing as was conceived here through the interest of Henry and the youth of Edward who though begot by a Popish Father was educated by a Schismatick Tutor The Bishops ply it hard by fire and faggot to root out all that followed the way as it was called they had many nick-names in all Ages but here they who were the Lords Wheat had the name from the envious man of the devils Tares cast upon them Lollards and they had as in the Primitive times all evils errors and sins charged upon them they were generally poor and happily the rich thought any way a good riddance especially being so at least accounted of proud minds though in beggars rags and had all those phrases of Scripture applied to them as to those who subverted souls So that here was a great persecution many hundreds were put to death in opposition to the Doctrine of the Church of Rome but the State in policy medled not with the taking away of the Abby-Lands because of the strong party that might have engaged
that he found not absolutely buxome that is without any scruple to yeild compliance to his absolute will he by his power removed and displaced to this end after one contest with one he changed the stile of the Pattent this raised an odium and at least he must bear the blame for by whose insinuations or abuses so ever it was done Yet while no man can force a resolved man who can force a King and the last and great Act being his the whole was adjudged to him yet not alone An other Act of great judgement to his end was the constant use of proclamations declarative not only of the Law but his pleasure in other lands called Edicts or Acts of the King alone or his saying or will resolved into Law these were at first put out upon things benificial for the Subject and were as it were a temporary Law of exigency or provision by the King for what the Law was either being antiquated and now revived or els that for which there was no Law in the case yet necessary to be provided for and so was a time of Tryal or an Act of probation against the next Parliament And these powers were never denyed Kings formerly or but seldome being but seldome used and generally upon good grounds so that no disobedience followed but at last his proclamations were divers of them though carrying a colour of Law slighted But he being of a very quiet spirit could not enter a contest but sought to work his end an other way and that was to call Parliaments And to create new Honors and so over-vote and consequently over-power the Parliament debasing Spirits by dependance and this having a strong influence upon the Gentry dulled now with long peace a natural politique of this Prince and not the least conducing to his end if he could or would have known when to have taken up the sword as he supposed they would for they were generally so besotted of these Court bables of honor that upon his or a great mans letter who their Lordships pleased was made a Parliament man and the House of Lords and Commons the Bar or Clyff against the Torrent of Tyranny was become an inlet to that Ocean but there was one great jealosie still which was a bar and this was the Kings excessive prodigality to his own Nation who were as greedy to aske as he to give so that the English grew a little I may say a great deale discontented especially the understanding sort But more upon the judgement so called given concerning the naturalization of a Scot ipso facto by the Union of the Crowns in one person as if all the rights priviledges and immunities of the free-born people of England were become hereditary to the Scottish Nation by one born in Scotland being next of blood and so inheriting the Crown of England And though great and wise men had their hands in this work and saw no evill in it yet they that were as wise though not so great and more uninterested and so less questionable were otherways minded supposing that this extraordinary favour to that Nation the seconding and approving of it by so many wise men and supposed affectionate patriots zealous of the liberty of the English Nation though it seemed to them as but a wise and civill policy and Act of munificence not much to be supected of danger carried hay in the Horn namely by this and such like plots fitted them to introduce and continue quietly what they all thought fit of necessity to be done the order of episcopacy in that Church and with that the whole liturgie of the Church of England with all those rites and ceremonies thought requisite as in the Church of England which the King upon petition of some Ministers at his first coming to the Crown was fully resolved in I mean in the conference at Hampton Court and the consequence of it By which he was resolved not to alter what the late Queen Elizabeth had established But these men believed that as this was indeed aimed at and this aime publikely allowed so that there was an other intention which lay hid and undiscovered and that was to force Scotland in case of opposition by English Armes and to provoke each other to these several works by a short kind of policy the Scot was engaged so as he must yeild what was his chiefest glory And if he yeilded not the English thus disrellished would be quick to the quarrel This I say not to be the Kings aime No I believe he might see no more then the plain surface matter and never be able to discover either this intended by some or that other politique which I now relate intended by others who yet drove on the same design but as supposing that it was a certain way to involve the two Nations in a War which their conditions required but his resolution was to keep all quiet and truly knowing of the Scotch temper he urged but inforced not commanded but compelled not and though he better approved Englands Hierarchical order he would not utterly reject the rigidity of the Scotch Presbytery though he had found some cross dealings at their hands which in England would have been called the scandal of the Crown and were not altogether savouring of a Christian modesty and humility were it but for the Kirk to command a Fast on that day the King had appointed a solemn Feast of State and that after the Feast was publikely known and divulged I mention but a peccadillo and that under a supposition because I would not apply that to things which may be was and will be only the errour of persons during the reign of these two princes Elizabeth and James notwithstanding the many complaints of the excess and defects of the Laws in their several respects yet nothing was done truly worthy the supream powers by them claimed there were some particular streams or rivulets of errour amended or at least pretended by particular Statutes both in giving Laws where none were and amending what was amiss but out alas the Ocean whence all these had their rise was still the same Three special Statutes I must here remember of James one to punish with death him or her that had two wives or two husbands but not made death to commit Adultery yet as I have heard canvassed at the same Parliament this Statute severely executed The second as rigidly which was concerning them that were or are delivered of Bastards pretended dead born and having no witness present to be taken as murderers The last was the regulating of the number of Attornies for good cause there specified which never was so much as in the least observed nor a Judge ever questioned for it yet this as to the world and in carnall respects of as necessary concernment as the other I shall not progress further here concerning ought being now come to the portall of the Theater of all Quaeries in the multitude of questions
performed or otherways adorning Churches the several Manners Places Times of bowing gesture and order of pronunciation at or in reading all not only discoursed of but applauded and generally practized adoration at the entery of the Church and also at departure and that to the East all for uniformity the great and special pretence of the so called Church that is the Bishops the Fathers of the Church according to their own stile Bowing or Genuflexion or Adorations to at or of the name of Jesus Extream unction Confirmation Pennance all practised yea a Nuntio of the Pope but not so owned yet well known and which troubled the people most of all a raile of wood or other partition betwixt the so called Priest and people at the receiving the Sacrament so called of the Altar and this of necessity and the words of administration purely Popish as yet in the directory But all persons without question in the parish admitted to the Sacrament as by Law was established these things setled they haste for power to the further setlement of the Church in power and purity and by the Kings power they are convened and called the sacred Synod where they Act with large commission and fearing counter-buffs of Providence by them called Fortune they denied the Pope but admitt Popery in its full height and to evidence the Antichristianisme they establish their Hierarchy with an oath with that famous clause of c. labouring as the brood of old Rome to bring all Temporal jurisdiction under ecclesiastick censure and this was the condition of the Church or Churchmen or Clergy men so called I shall now as shortly give you a veiw of the civill State as the necessity of perspicuity will well permit You have heard upon what a politique Basis William so called the Conqueror founded his Empire which yet from evident causes declining even in the space of his own and Sons Raign did evidently shew the frailty of all humane wisdome and therefore might well in the space of six hundred years be brought to nothing and truly once for all to say it I am in my conscience perswaded that King Charles did see the want of Law in this land to govern the Nation rightly and upon that foundation sought to mould the kingdom to the similitude of other Nations for it is a sure and certain principle that States grow old and Laws c. And if not reduced by reformation there is a necessity of a new formation Now the chief thing which a Prince looketh at is the power of War or the Sword and this so far as the power rested in the King which was his Tenure was clean lost and gone for the many transmutations of possessions had made many litigious questions partly through the corruption of officers not duly awarding process against alienators without license partly other defects of certain boundaries and partly the evill of time which had through divers discents parcelled great estates into many persons So that there were many Tenants but few Knights and what was at first an honor to hold of the King or by Knights service because the Tenants Son and Heire should yet come to the education of a Lord paramount or higher then the Father and so should be bettered both for Arts and Arms the Kings of late years had made them absolutely but the fees of their Servants and the Heirs of gallant men were as bad as slaves to the will of the Kings Grantee whereby they were yoaked unequally in marriage or their estates were generally squeised of sometime a third sometimes a fourth or fifth part in the Court of Wards so that they that should have been the Princes guard as it were being thus prejudiced in their minority and drinking in hastily the complaints of their friends bewailing their Wardships as an insufferable vassalage could not heartily seek to maintain that power whose subsistence was their ruine to eternity in all their progeny and through the long tract of time it was grown to this that almost any great or rich mens Son must be a Ward all Titles of Lands being so exceedingly intricated that it was almost impossible to clear it and this rigor was never higher then in the daies of this King so that it is evident for a setled Militia for his own defence he had none but had left himself naked to the strokes of any timely opposition Next as he had robbed himself thus of power so had the example of all the Kings in part and the power from jealousie in other part devested the Lords of all power military by dependencies of Knights service The Oathes of homage and fealty the Kings had respited them to enhanse a revenue and the Lords were not willing to urge that which had been so fatall to many their predecessors through their dependencies and being now grown generally loose lazy or worse from the long peace we had enjoyed they had no contests but at Tennis Drinking Dicing or worse sports and sometimes a Law suite These yet sunk many of their estates and they had no waies of raising them but by the Kings sole favour for there were no Lords now that had absolute power in any County this made them wholly quiet and the rather because to be of an active warlike spirit gave cause of jealousie to a Prince especially of any who were not meerly his creatures namely of ancient popular Nobility that is their Ancestors of great repute with the people Many therefore retired themselves lived privately and quietly in respect of the Court but few of them with great love in the Countries where they were resiant carrying too severe a hand towards their Tenants by racking of Farme-rents and otherwaies as Lords of Mannors enhansing fines as all the Gentry also at their own wills enclosing of Commons for private profit and by the evill example both of themselves Servants and Retainers bringing a general Lewdness Looseness ād debauchery in religion and civill manners into all the quarters of the Nation For the Country still at least as far as it may or can imitates the Court and so downward by this means a general almost universal pravity and corruption stole upon and got possession of the English Nation not that I think to speak once for all that England was worse in any respect eirher for civill or Ecclesiastick government then any other Christian kingdom no but that it had departed from that purity of Government which it self held forth and had in some measure exercised yet was then taxed to hold forth little of a true Christian Government at all for first though the Sabboth was held moral yet it was prophaned and that by publique authority as by the book of sports which also gave such a loose to the power of the master of the family that he could not govern by an exact rule that power being before too much broken and this opened a gap to all inordinate walking towards magistracy in other both superior and
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
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
agreeable to the Rule of Proportion I may say that the law of England did own this as its necessary pattern it is seldom denyed but if any do oppose or doubt let them first consider That no law in England was setled generally at least until the Pope had come to an obliging power and that agreed sure as he aped the Ceremonials he did engage a conformity in Princes as far as might be to the Judicials I shall now see the onely or main objections against the Judicials which may be reduced I take it to three chiefly First they were given to the Jew Secondly they are not or cannot all be performed by us for some were onely proper to the Jew some no way fitting this Nation for they were never received and there is a necessity of altering laws as vices encrease and grow more Obnoxious and also in regard the Judicials themselves are not all so clear that it can be said which are all the Judicials by reason of mixtures of Ceremonials with them Thirdly The Law of Christ is a Law of Love not Revenge to pray for enemies do good to them that hate us turn the other cheek to him strikes one and give the cloke to him takes the coat and go two miles with him enforces thee to one God assisting we will endeavor to clear these Heads and then in consideration of the particular Laws answer some particular Objections if any be seen needful Now as to the first That these things were immediatly directed by the Almighty wisdom to the Jew it is agreed But what doth this hold forth Sure onely this That the Jew was bound by them God having commanded them to that Nation that God required not obedience from the other Nations to whom he had given no command but that any other Nation might not use them it proves not But rather that those Laws as far as holding forth a rule of Justice to them which had no Rule or a better where defective ought by these Nations to whom they were known to be established is sure out of controversie while Legislators have Just and Good for their Rule To the second That they cannot be all performed by us Let us see the hindrances First Some being supposed onely proper to the Jew if we come to search what those be which we cannot perform there appear here visibly but the Law concerning the Trials of Adultery and Virginity we allow these ought to be inquired into and satisfaction given to the jealous spirit but we presume the special Law binds not That in case of Virginity being though natural yet as it were onely proper to that Nation and that by some extraordinary power of Divinity giving forth Testimony to his own Law The other simply extraordinary in regard the same water wrought so contrary effects so that the vertue was evidently not in the water and if we should search the depth the seeds though conceived by of the Adulterer could work no more then of a husband in the ordinary course of Nature There is also some particular Laws of two wives humbling of Handmaides with some others The next sort of Laws are such as are said hold no proportion with the natural condition of the people of this or other Christian Nations and therefore the Nations setled others and never received them To this part I answer That if it never received them there was no trial whether agreeable to the Nation or not Next if tried how doth this indisposition in Nations generally to the receit of particular Laws appear sure it is not by way of Antipathy so that the Nation fails dies or is removed upon receiving of them truth is we all agree Nations may be altered by Laws as the Romanes brought from natural savageness to a more moderate temper by Numa's Laws and the Lacedemonians by those of Lycurgus and they may be heightned and debased in spirit as well as moderated but all this rests not in the Law but the executive part or power of it Now that force will naturalize Laws it is plain why then not Reason It is evident Laws are the reins of Reason over the beastial part of man therefore now to the reasonable man any just Law is approveable as to his obedience he is a Law to himself and happily gives far less liberty to his particular beast his appetite be it to or in what it will then it is fit the general Law should hold forth and this hath just wisdom in it hereby are the good and wise distinguished from the vain and idle even by the subjection of natural appetite from whence it is hereby clear that to govern a fierce Nation the same Laws will not serve as to govern a quiet peaceable one But now our Quaere must be whether there be not be a just Law in the generality agreeable to the light of Nature set down in the Judicial heads of Law which will agree to govern all Nations by take two Laws for example Murder and Theft The first is the head-Law of mankinde towards his like the prime end of Magistracy being to preserve life The next is goods Now in this I finde no loose to the Magistrate but life must be for life if murder that is lieing in waite or as with us malice before hand in this the Magistrate hath no liberty to ingratiate in refined Reason it lies upon the Land if not expiated with the blood of the offender and so upon the City and so upon the Army But the chief guilt surely lies upon the chief Magistrate who is the prime in trust executive as to the fact this sure is and ought to be death in all Nations The like head-Rule of common Justice is in the Law of the manslaier at unawares and surely of this sort there will be no doubt nor of the expiation of incertain murder which ought to be setled rightly by an Oath of Inquisition c. But the great quaere will be concerning Theft which is the matter most or with the most to be considered as a grould of controversie For the most of Christian Nations have made it death yet the Judicial maketh it death in no kinde That punishing life with life and goods with goods c. in the rule of proportionate Justice Now this alteration is not without reason as things stand that is upon the received principles forementioned out of the seeming contrariety which Christians have gathered out of the Law Judicial and Apostolical For they have gathered that Christs Kingdom being of brothers there should be no servants that is no slavish servitude or bondmen which was the issue of not satisfying what was stollen with the Jew and upon this presumption they at last wholly abrogated as to Theft the mulcts of two three four or seven-fold restored for his life and took away his life now this being onely practice cannot determine the Controversie Let us then see the Reasons if any be whereof the most eminent
put to sell his Freehold all which are argued for with much nicety little Christianity Now as for the benefit of the Commonwealth the Law put the King into possession of others though by matter of Record so it kept him in the State of the Commonwealth for for Lands Jure personae or hereditary at Common Law the rule of Law extends not to it as I conceive therefore the King cannot be disseised and many other such things as the goods of Felons murderers c. which is or may be just in murder in some sort but in no case in Felony but they ought to go to the person wronged and in manslaughter and defence of a mans own person there ought to be no right to the Checkquer not in the Self-defence at all and in the others it ought to go to the party for if the Law in forceable strikeing give dammage and more in wounding and more in Maihem then most in killing where the life of the criminal is saved That of Deodands is in the Law and I see no warrant for it but the meer allusive equity of the Judicial It is also said to be a part of the Kings Prerogative to have special Iudges to try the right of his revenues as is the Checkquer and the differences of his immediate Officers and servants as the Steward and Marshal of his house and instead of Action against his person The Law by the Ordinance of Edward the third for honor sake framed it in nature of a Petition but the Process was as against an other person and so if Iustice be upon that it is just otherwise not it will also admit no wager of Law against him and which proved a great abuse and was unjust and is no way either honorary or necessary he did take men under pretence of being his debitors into his protection to the overthrow of many particular persons and universal detriment thus was Derogative Again Judgment was never final against him but with a figmentitious advantagious evasion of a saving his right and this was also new and not necessary I come to two main and principal steps to the eminency of Prerogative alwayes afforded the Supream power which are first That the King hath by his publike trust power to do whatsoever there is no Law against So that from hence hath arisen the obstructions to Laws upon new Causes namely setling that in the Law which was before in the King and so abridging the Royal Tenure By vertue of this he created Corporations and made Denizens The other was from Gods appointment to Moses surely to appoint places so called of Priviledge like Cities of Refuge but undoubtedly this was a civility betwixt the Kings and Popes to raise a benefit to the King by priviledging That Charter had many Fees and then the Pope made it by allowance a Sanctuary and so secured by both powers what can be doubted that must be just where Moses and Aaron joyn and these men both Pope and Prince did well they saved the life but squeised the purse and none affoord such milke more freely then Rogues and Whores as all Histories evidence This is the summ of all the Prerogative so called that I in this haste remember just or unjust that the Laws of England hold forth The three main pillars upon which the Edifice of Prerogative stands all these being but the Ornaments thereto are the absolute power to make Laws War and Peace and raise moneys Except in some few scattered judgements arising upon Emergencies and are not indeed worthy the name of Prerogative though in our Topical heads of Laws they be so ranked but rather priviledges or Royalties many of which were obtained by Subjects for what a Subject may enjoy I count not Prerogative therefore not Copning of money c. nor Royal fishes nor a hundred matters of the like nature and wreck is generally detestable and the Royalty of grandage abominable but the generalty of them are justly belonging to all men with the Supream Majesty especially those favors of errors in pleadings c. Now this Legislative power was never in the King nor no reason it should which alone shews the Kings in England never was since the establishment of the three estates the Supream power for the makeing of Laws was alwayes since in them as the body Representative of the Nation and so the Lords and Commons were put as a Bar to invading Prerogative Next for war or peace it was not in the Kings power his Knights were bound according to their Tenures but not otherwayes and the special of them not performing their service were to be fined nowhere but in Parliament The last of them which are the sinews of the war were always in the peoples hands never denyed by any King however subtilly obtruded upon as by loans privy Seals c. which were always declaimed against and damned by Parliaments These were and are necessary to the Supream Power but never trusted to Englands Kings a sure sign the Supremacy was not in the King he knew it necessary to aggrandize his power and for an absolute subjection of all interests to his to claim that these were incident and appendixes to the Supremacy absolute which he aspired unto And though the Forts Ships Magazines and appointing Judges Governors Captains c. were actually in his power yet hereby it is plainly seen to what end and how trayterous they were to the then true English Interests who stuck to the King against the Parliament in this war but that controversie is besides my task here Therefore I proceed and say that it is necessary still that the total and absolute Supremacy hath these powers viz. of making or giving forth Laws making Leagues offensive and defensive denouncing Wars and establishing Peace and also to raise moneys Now this I know not denied by any publike and approved Judgement but these men have their bounds their limits also for general common and publike good is their limit their chain and to see the end of this it is fit next to see 12. Who is Judge of publike good and his Rule of Restraint and whether it be fit to admit this absolutely in the Supream Power THe Kings formerly were not unskilled in the issue of this mystery they boulted out what others will bake who ever eats it Now it is plain this also is required in the Supream Power for it is impossible to settle particular Laws sutable to each particular occasion for in the corrupt state of man as the Law is profitable or disprofitable so it is rellished as for example in an equal rate the just man likes the equality and so doth the covetous but he saith no rate at all and if an honest Miser can be he approves equality but he repines at the payment Now the boundary is evident publike good and of this in the manifest parts of it are all men Iudges for though in transactions of the high affairs of State the progression
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