wil be rent up by the roots in this Fifth Monarchy which will lay open the lewdnesse of them 1. In their Ordination 2. Dispensation 1. In your Ordination as Antichristian whiles they make that Ceremony or Ferme nihil as Chrysostom cals it of imposition of hands to give essence to it and whiles they take it from an usurped Power whether in Prelates or Classes that have no more right then the Pope himselfe had to ordaine and receive it not from the true Church of Christ and whiles they with the Papists Bel. de Ordin in an Antichristian order i. e. contrary to Christs order and rule left in the Gospel receive it before a Call and choise this is obvious to every one how they Ordinationem praeponunt vocationi electioni which is disorderly and Popish See Rutters chap. 15. pag. 265. as tending to give them a Jus in re before a Jus ad rem a right in the thing before they prove they have right to it by the orderly Call choise and acceptation of a Church of Christ till which I say they have not the essentials that belong to Ministers of Christ in Call but are palpably Popish and Antichristian in their Ordination both for matter and forme and at best but Priests 2 In your Dispensation they are so unfit for the Ministry of the New Testament that quite contrary to the rule 2 Cor. 36. Who hath made us able Ministers of the New Testament not of the Letter but of the Spirit they are Ministers not of the Spirit which they spit at but of the meer Letter and such only are your Orthodox men that are litterall Preachers though unable in the Scriptures and ministrations of the Spirit But the truth is we finde few of Paul's able or Orthodox Ministers i. e. of the Spirit in our dayes that preach the hidden wisdome of God in a mysterie as the hidden Gospel of Christ and whiles the Learned Doctors and Rabbins like the Pharisees wil be laid aside for their stumbling at Christ now in the Spirit counting him in the spirit an Impâ—stor too some poore Babes and Fishermen shall be fitted for his worke in the Spirit when as it shall be a higher degree to commence the lowest in the Spirit then the highest Doctor in the Universities and then shall a Minister of the Spirit say according to the dispensation of the Spirit given me for you I am come to preach the Gospel Col. 1. 25. Ephes. 3. 2 3 this look for ere long Sirs Secondly Their Maintenance which is now by Tithes must tumble ere long to purpose It is true as yet this corrupt maintenance must stand a little time to the persecution of tender Consciences and of divers godly Gospel-Ministers whom I could name some are driven as it were out of England into Ireland or elsewhere on this Account already It is true too that the Lawyers are so much obliged to them for letting them live so by sinne in cheating oppressing and lying without reproofe that in requitall they plead for the Ministers to live by Tithes and Oppressions c. I confesse I was occasionally the fourteenth day of the seventh Month at the Committee for Tithes in the Checquor Chamber where was a rude rabble and amongst them many Lawyers and Ministers of the City and Country too to tugge for Tithes and finding liberty given to any that would speak I being desired so to doe by some Parliament-men I accepted of the Call for that I could not in Conscience be silent seeing I had such a season to make my blow at Antichrist and to speake for Christ but finding that the liberty was limited to what could be said as to or against their Propriety by the Law I only laid a foundation for a future Discourse which I tooke up the sixteenth day and because Master Jacob being of a like complexion and constitution in Principles with the Priests with the assistance of one of his Brethren that foule-mouthed scandalous fellow of Garlick-Hith censoriously and rashly condemned me as full of impertinencies therein although they were well rebuked for their rough proud spirits and the Committee took Mr. Jacob up sharply for his folly impertinency and impatience for he wanted his Note-booke yet to satisfie some of the precious Servants of God I shall here insert what I asserted Quest. Whether the present Clergy have right by the Laws of this Land to Tithes c Before my answer I premised that without Fee Prefermen or By-end I should offer my judgement being brought hereto in a good conscience as perswaded that I appeared for Christ against Antichrist so that I would not be daunted at the threats of any given out against me Then I digested my discourse into four heads Ans. Neg. 1. Ab origine from the Rise of those Common Laws that they plead to give them this right i. e. Ecclesiasticall Cannon or Christian Law so called If the Cannon or Ecclesiasticall Law is down and gives them no right then the Common Laws which arose therefrom are down and fallen with them But the Canon Law is downe c. ergo The consequence is clear for that secunda lex derivatur à virtute primi moventis the subordinate Law derives vertue and life from the Supreame Now that the Common Lawes were but subordinate and assistant and that the Cannon-Laws were ever since the Conquest accounted the Supreame there is sufficient proofe Sir H. Spelman saies whosoever takes the Tithes or Gifts bestowed on the Church must doe it by the Laws of the Church i. e. Canon-Laws hence we had Bishops Courts So Sir Edward Cooke sayes plainly that by the Common Laws of England it is evident that none but an Ecclesiasticall man hath Ecclesiasticall jurisdiction or right to Tithes and that by the Ecclesiasticall Laws yea de jur reg p. 5. he denies that Kings can meddle with them being unordained thereunto i. e. according to the then Cannons by the Bishops And this agrees with the Canons in the Lateran Councell 1215. in K. Johns daies sub Alex. 3. p. 26. c. 8. which was no other then the Popes Notary to ingrosse that fair which he writ before in a foul copy which forbids Tithes to any but to those whom their Cannons gave a power unto qui Decimas Laico in seculo manenti concesserit est deponendus and he should be deposed that granted Tithes to an unordained man Yea Cabilonens c. 18. Qui decimas dare neglexerint excommunicentur They that neglected to pay Tithes were by their Cannon Law to be punished by Excommunication yea in another Synod Moguntin c. 7. 5. Statuimus ut decimae quae jure debentur Divino aut lege Christiana solvantur sine fraude Our Law is that Tithes which are due by Divine and Christian Law be paid without deceit By all this it appeares their Cannon-Law or Christian Court gave them their pretended
folly upon a hill to lose this â—r virginity if it be possible to save it and never was more â—pes of help then now the people being Conquerors to get â—m under this Norman tyranny if we cry aloud and complain God and men and in our applications to the Lord General â—d the Parliament we declare our wrongs and call aloud and inâ—ssantly for justice upon those villainous Laws that have ravished â—d robbed us of all our rights ere-long then it may be all the â— to question and sentence those Laws Let us consider but â—at William the Conqueror hath robbed us of and then we â—all know what Oliver the Conqueror ought to restore us to â—d re-invest us with as our own as 1. Whereas the Laws the free-born people that were rational â—d in a capacity were the Institutors of by their Deputies or â—resentatives William the Conqueror usurps that power and eates all Laws in his name and so ever since they have run in â—e Kings name as in an orbe above the people on purpose to â—rannize over the people Hence sayes Philip Honor Cum à â—ulielmo Conquestore quod perinde est ac Tyrannus instituâ—â—iâ—t leges Angliae admirandum non est quod solam princiâ—is utilitatem respiciant subditorum vero bonum desertum esse â—idâ—â—tur Seeing the Laws of England have been made by â—illâ—am the Conqueror and from thence the Tyrant it is not to â—e wondered at that they onely regard the Interest and Prerogaâ—ive of the King and seem to relinquish the right and liberties â— the people and so not at all to favor or be-friend the freedom â—f the people But this must be amended for the interest of great â—es will byass the Law till the people be reinfranchised and â—ll there be no Laws but such as arise from the peoples voice 2. Williams Conquest brought in Laws with the Norman â—anguage and French Tongue and least any Law should remain of the people that would not fetch and carry for him he comâ—ands them all to speak Barbarism to them in his own barbarous â—guage of broken French i. e. not to be so much as understood â— the poor people So that ever since the people have been under â—aws they understood not which is a grievous yoke and curse as â—â—ut 28. 49 50 51. appears The Lord shall bring a nation against thee as swift as the eagle that flieth a nation 〈◊〉 tongue thou shalt not understand a nation of a fierce co 〈…〉 nance which shall not regard the old nor shew favor to the yo 〈…〉 he shall eat the fruits of thy cattle and the fruits of thy land 〈…〉 til thou be destroyed Thus William the Conqueror gave the Normans the chi 〈…〉 possessions of the Lands and he changed all the temporal Law 〈…〉 the Realm and ever since the Norman Lawyers pleaded caus 〈…〉 an unknown tongue this is contrary to the Laws of God and 〈…〉 ture as appears Deut. 30. 11 12 13. This Law which I 〈…〉 mand is not hid from thine eyes neither is it far off It 〈…〉 in Heaven that thou shalt say who shall bring it to us ne 〈…〉 is it beyond the Seas but it is near thee Gods Laws to his 〈…〉 ple were to be known yea the Politick Laws were to be 〈…〉 their own tongue that none might say we have not heard t 〈…〉 nor known them Rom. 1. 20. But they had it at the hand of M 〈…〉 Deut. 6. 7. and were to teach it to their children and talk of t 〈…〉 at home and abroad when they walked by the way and 〈…〉 they rose up and lay down yea the Heathen abhorred such 〈…〉 ness and brutishness as to enslave the people under unknown 〈…〉 guages Esther 8. 9. Then were the Kings Scribes called i 〈…〉 third moneth Sivan on the twenty third day thereof and 〈…〉 Law was written to every Province and to every people 〈…〉 their Language and to the Jews according to their Wri 〈…〉 and their Language The very Heathen had so much equity 〈…〉 reason therefore in Edward the third his time the Laws 〈…〉 commanded to be Englished and no more Pleas to be in Fr 〈…〉 or Latin And honest Vespasian as soon as he was Emperor 〈…〉 sently commanded all the Laws to be written legâ—bly in B 〈…〉 that none might plead ignorance in any one of them but that 〈…〉 people might all understand their Liberties and Laws and 〈…〉 fore it hath been ever the policy of Usurpers and Tyrants to 〈…〉 people ignorant of their Laws and Freedoms But are we not 〈…〉 delivered beleeve it the people cannot do less then expect 〈…〉 their Laws to be abbreviated and Englished and not one 〈…〉 Plea or Proces to be but in English and that not like Calig 〈…〉 who upon the peoples out-cry of this tyranny caused the La 〈…〉 be brought openly and set up for all people to know it but 〈…〉 â—â—r his own Interest to keep the people in ignorance and to enâ—â—â—re them under tyranny out of policy he appoints it to be writ in so small a letter as few could read it and to be set up so high as few could reach it This policy appeared in the late Parliamentâ— ordering of the Law to be Englished but yet in a mystery too This policy must be questioned and condemned to death for the peoples Laws are to be open and known by all and this right they hope to be restored unto by my Lord Cromwel as the peoples Conqueror not as the Norman did to divide the best Lands and Mansions and Mannors of the Nation to his Natives and Souldiers which was an undeniable argument of self-seeking and of an interest that will be broken apeeces in due time but to deliver up the peoples Laws and Liberties in their own Language This God and Nature requires else it will prove destructive to the welfare of this Commonwealth 1. That the Free Commoners be kept blinded and ignorant 〈◊〉 to their own Interests and Priviledges which are theirs by free birth-right 2. To be constrained from all parts round the Nation to come to Westminster for justice or right by Law 3. To be â—orced to put out their Causes to corrupt Lawyers to plead and censure them and to make merchandize of them and of the Law 4. To wait there for justice four five six eight or ten years in Law till the Norman Lawyers have made themselves rich by removing suits out of one Court into another and by retarding of justice to the ruine of the Client Now certainly God will in due time deliver his people out of this tyranny and slavery and proclaim Liberty to the Captives that are kept in darkness and misery under the ignorance of their own rights and priviledges which is a grievous curse to us as appears Deut. 28. 49 50 51 52. Jer. 5. 15 16 17. And if the Lord
Right and Rise to the Common Lawes So in Synod August c. 19. Qui just as non solvant decimas ter moniti iis neganda communio Those that after thrice admonition pay not their full Tithes deny them the communion so that they had such Lawes to give them their pretended right and to punish the refusers which Prelates punctually observed yea Littleton himselfe sayes Sect. 5. 28. the Ordinaries give the grant of Tithes yea Anno 1538 K. H. 8. made this positive Law That whoever denied to pay his Tithes should be made to doe it by the Parsons or Vicars c. at their Ordinaries Hence were such cruel Bishops Court so that the Kings Lawes were but to help the Whore herein being besotted with the wine of her fornication Revel 17. 2. Thus wee have proved Tithes fallen with the Bishops Ecclesiasticall Courts Ans. 2. Ex objecto The Lawes which they plead and pretend for Propriety look on such only as were ordained according to the Popish Cannons then in force when those Lawes were made but the present Clergy dis-owne those Cannons and Ordination ergo the Lawes that referre thereto That they dis-owne that Ordination and those Cannons none can deny the Presbyterians practise an Ordination being openly contrary thereunto though indeed as Popish and soppish as theirs The major is easily proved Judge Dier quoted by Sir H. Spelman Lord chiefe Justice of the Common Pleas H. 8. fol. 58. p. 3. avers it a horrible thing for persons though religious to take Tithes and not ordained i e. according to the then Cannons to give the Sacraments and read Divine Service c. he instances in Appropriations now as we say it is an horrible thing to be so ordained so we say also to take the Tithes which are given by the Lawes and to such so ordained and therefore ought to be abolished But this sayes Master Lambert an eminent Lawyer in his Preamble of Kent It is one of the monstrous births of Covetousnesse that came from the man of Rome in the night of Superstition So Serjeant Rastal in verbo Appropriation sayes It is a wicked and unlawfull thing for any Lay-men or one un-ordained by the Bishops to hold Tithes c. So Sir Edward Cooke before and the severall Councels say the same and those very Lawes which the Lawyers brought before the Committee to plead for Parsons right give right to none else but such so ordained as their Magna Charta 28 of Edw. 1. c. 13 the 27 of H. 8. the 31 32. Stat. and the first of Edw. 6. ch 13. c. Thus it appeareth that these Lawes look not on this Clergy Ans. 3. A Fine from the end of all honest Lawes which must be preferred before the Letter of the Lawes viz. the publick good and freedome of the People Those Lawes lye forfeited to the State that are against the Publick good and freedome of the People but these Lawes for Tithes are against the Publicke good for they are a Publick evil and freedome of for they are an oppression to the People therefore their end being voyd they must be voyd and lye forfeited to the State vide Chap. 4. Ans. 4. From the foundation of the Lawes which ought to be the eternal Law of God ch 4. So far Moralists reach as Tully Plutarch Suarez Plato c. So the School-men say that all Lawes must fetch their radicall force and vertue from Gods as Prov. 8. 15. By me they decree Justice c. Now there is no Law of God that requires to maintaine the Ministers of the Gospel by Tithes but the contrary for Hebr. 7. 12. The Priesthood being changed the Law of Tithes that kept it up is changed with it But Doct. Seaman wil not that they be called New-Testament Ministers but he hath told the Committee the Ministers of the Nation and the State i. e. for Tithes-sake and Masterships of Colledges so that their foundation-lesse Lawes cannot stand to give them a right no more then a Caligula's Law could to make his Horse Incitatus a Priest This businesse of Tithes the Protestants of old ingaged against the Papists in And we shal finde the Civil Power hath pulled downe such groundlesse Lawes as these they pretend to of old as Constantine Lib. 1. tit 14. leg 1. who tooke away the goods of the Priests as forfeited to the State for their Idolatry So Theodosius Leg. 5. he was zealous against their superstitious Publick places of worshipping he required them to be joyned to his Treasuries So when Symmachus said O! the Emperours have taken away the Priests revenues Ambrose answers Sublata sunt praedia c. They are aprey to the State for that they did irreligiously use that they tooke under pretext of religion so are Tithes now which are taken under pretence of Gods Worship and Law but they keep up Idolatry Superstition Service-Booke hence lyes Drunkennesse Malignancy and Popery and what not that is Antichristian oâ— Prophane among the Nationall Clergy especially in the Countries a hundred or two hundred miles off Therefore there is as much yea more reason for the down-fall of this Devillish not Divine as now it is maintenance as was for the fall of Abbies Monasteries or the like which had as good Lawes to keep them up as Tithes now have In Augustines time there was no compelling to pay Tithes who was content with the 1000th part and to lick up the Peoples crums for their good The Bohemians have protested against Tithes in 15 Art and say The Priests preach that men are bound to pay Tithes but they say falsly for there is no proof for it in the New Testament that Christ commanded it or the Disciples tooke it c. So the Muscovites say Sacerdotes ex contributione sustentantur c. and many others therefore their present Lawes for Tithes being without foundation of God must fall and lye forfeited to the State that stands for God as unlawfull reasonlesse and religion-lesse Lawes The 6th and 16th Article against Wickliffe Martyr was his opinion in this that the Civill Magistrate might alter or take away such maintenance from the Spiritualty so called that offended habitualiter as these doe Secular Lawes are but the materials or the hempe of our obedience Religion twists them strong to last The worke that lyes before this Parliament is as to the Lawes themselves as well as to the Tithes the omission of which made their Predecessors the former Parliament to be rejected and these to be called of God and as soon as they were set to have this Work of Lawes and Tithes first presented to them that they might begin where the other left off and goe on where the other stumbled and fell which if these also doe the Lords work negligently deceitfully and but by halves their rejection wil be the more to their reproach and shame then the former
make not the General as his peoples Conqueror faithful to them herein it will light sadly on some of this Generation but yet his people shall be delivered as Esther 4. 14. For it is one of our priviledges promised us that we should be restored unto in these latter dayes as Isa. 33. 19. among the most excellent priviledges Gods people must partake off as freedom from bribes oppressions blood c. Vers. 15. is Thou shalt not see a fierce people a people of a deeper speech then thou canst perceive of a stammering or ridiculous language as such is the Lawyers Latin and Norman that thou canst not understand Antichrist in the State hath kept the poor people in darkness too under an unknown language and made this ignorance the mother of their devotion to his Civil Worship and Ordinances But it is now high-time to tumble seeing Gods Israelites are to have his Laws viz. Political in their own language Deut. 30. and that for these ends First That they should be in the mouths of all the people whereas now they are onely in the mouths of Judges Lawyers Councellors who are indeed Concealers of the Law and lock 〈◊〉 up till a silverkey come to open Secondly That they might teach them to their children 〈◊〉 know them which they cannot do now the Laws are in an unknown language unless their children be brought up at Inns of Court or the like Thirdly That the Laws might be all writ upon Posts and Gates for the people generally to know them all but now they must go to the Records which lie at Westminstâ—â— or Inns of Court or Judges or Counsellors Chambers and give a good sum of money too before they can come at them so as to know them All this is tyranny and oppression diametrically in opposition to the Word of God the promises of these latter days and the liberties of the Subjects so that our expectations must not be frustrated of our freedom from this Norman bondage 3. Whereas the people had Justice and Law at their own doors in every County and Hundred in this Nation and their Law was plain and honest and Controversies soon decided in few dayes by their honest neighbors of the Hundred who making the case as their own administred justice presently were it for a thousand pounds it might have been recovered at the charge of a shilling or two for there were several Courts in every County but the Supream Court in the County was called Genâ—rale Placitum being to determine those differences which the Parish or the Hundred Courts could not decide and also to ordain Sheriffs and other County-Officers c. But the Conqueror William alters the Law in this takes away the peoples liberties herein and instead of this he sets up Courts and Terms at Westminster takes away all Law and Justice out of the Counties and to keep up his own Darling under his eye brings all up to him hither by a policy For he commanded nine men out of every County to be chosen to make a true report what their Laws were before the Conquest and after they had so done he changed the most of them and brought in the Customs of Normandy in their stead commanding causes to be pleaded and all Matters of Form to be dispatcht in French He revived again the Danish Custom he being a Kin to the Danes in Tryals of Rights by twelve men so that for his own ends and profits it appears all his Laws were established and the people 's pulled away from them to this hour Hence the peoples freedom in their Gemote or Monethly convention for Law and Justice at their own doors was rent away from them as appears in the History of three Norman Kings pag. 98. And William the Conqueror ordained says the History his Councel of State his Chancery his Exchequer his Courts of Justice c. These places he furnished with Officers and assigned four Terms in the year for determining of Controversies among the people whereas before all Suits were summarily heard and determined at home in their own Counties and in every hundred without Formalities or delays Now it is highly incumbent upon this present Power and his Excellency the Lord General to redeem the free-born oppressed people from this Tyranny and servitude and that it is such a tyranny and bondage will appear several ways 1. In that by this injury done the free Commoners they are forced to come up to London from all parts of England and to wait at Westminster at great charges and expences during the four Terms for Right and Justice or recovery of their own which attendance on the Lawyers is well known to be lamentably chargable For though the poor Commoner that lives threescore or a hundred miles off could before for a little matter in a day or two at furthest have had justice and right at home Now he must wait long and lamentably till he make himself poor and his Lawyer rich before he can recover his own and I know them that have been beggered and undone by it for they not onely carried up to Westminster full purses and brought home empty but they have been forced to borrow money at London besides that to suffice their Lawyers and to bear their charges home again with weeping eyes which brought them upon their knees and made them to work hard night and day with sweat and tears till their fingers ends aked again to get up some more money to fee their Lawyers for the next Term and to finde their long journeys to Westminster again and yet were compelled for all that to borrow again and again at London before they could get home and if this be not oppression and wrong to the people what is 2. The bondage of it is further for the delaying to do right when not a moneth nor twelve moneths nor twelve years sometimes will be enough for a Lawyer to remove actions out of one Court into another from one place to another to enrich himself and undo his Client nay threescore years have some been tormented and hurried out of one Court into another put to charges paying fees preferring Petitions retaining Counsellors and yet continue in that bondage and misery I know many who are in Law and some have been six others ten others twelve others twenty others thirty others forty others fifty years and yet as far from help relief and right as at first O what crying and complaining of this delay of Justice is in our streets notwithstanding many Statutes to the contrary as that of Edward the third An. 2. cap. 8. in these words That it shall not be commanded neither by the Great nor little Seal to disturb or delay doing right and although such commands come yet the Judges should not cease or delay to do right in any point So An. 20. of Edward the third cap. 1. That all Justices do
the Lawyers stink in our nostrils and bring forth vanities in some but righteousnesse and peace and joy in the Holy Ghost to his Saints and deliverance and sweet freedome and blessings to the Common-wealth In the meane time it is a shame that Ministers of Christ can see them live so in sinne and say nothing seeing those Agags that the indulgent eye of Sauls have spared and favoured must be met with by the two-edged Swords of the Samuels of God â— but so much to our Authority in the Legislative power for the advancing the Law of God as the only fundamentall Law of this Nation Secondly My word to the People is as a Remembrancer for when Cyrus King of Persia proclaimed liberty to the Jewes only those went out of captivity whose spirits God stirred up in Ezra 1. 5. This is the case we are freed from our Norman Captivity Now you whose spirits God hath stirred up why appeare for your Liberties and Rights returne home unto your owne it is high time be not longer Slaves to Norman Lawes or Lawyers This your liberty is Naturall and connaturall as Paul said Acts 22. 20. I am a free-borne Roman which was his Plea and unsuited his Adversaries and made them afraid which surely had never been had not this boâ—est man made use of his right and liberty and let his Judges and Governours know it Surely this liberty is more worth then all the Lands in the Nation to us and if we know it wee should not slight it so as we doe therefore honoured Ames cas l. 5. c. 22. tells us that this Libertas proxime accedit 〈◊〉 vitam ipsam Liberty a man counts next his life and will not loose it if it be possible but wil loose his estate yeaâ— the â—loâ—theâ— off his back first yea further for the Publick Liberty and common safety a faithfull man wil loose his very life and prizes it abundantly above his life as some honest hearts have done in England in most ages And if any wonder that I will â—rive thus against the streame seeing I cannot turne it I must tâ—ll them That the Fish which alwayes goes downe the streame we suspect for dead whilst the living Fish makes against the streame but the truth is as when Tides turne there is first a secret motion and turning at the bottome before it comes at top and so there is in the bottome of our hearts which wil ere long be more openly to all eyes in the meane time we must minde the People of the time of dâ—y and tell them what the Clock strikes for their liberty and deliverance is hard by And beleeve it Brethren the flaming Sword is in our sight turning hither and thither every way to drive out these Wretches that have lived so long upon forbidden fruits and although the bowles of Authority seemes to many to run Byass to a bad I was ready to say Mad Mistresse this wil be mended ere long when the Mistresse is removed but we must ballast our Ship before we put to saile therefore consider Country-men First of all No Governours are above the Peoples Lawes and Liberties hence it was that Kings could not De jure conclude or determine businesses according to their owne wills and Aristotle Alexanders Tutor tels us That absolute power in Governours is the next degree to plaine Tyranny yea had it not been for feare of offending Alexander I thinke he had called it absolute Tyranny and said true too Therefore are Kings and Magistrates the Organs or Instruments of executing the Peoples Lawes and must receive their Lawes from the People Hence it is that the Emperor King of France Kings of Spaine England Poland Hungarie or Princes of the house of Austria Dukes of Brabant Earles of Flanders or Holland before their Coronation or Creation to the Governments do ingage to keep the Laws of their Country and their breach of the Laws is or ought to be as punishable upon them as any others And to shew how the Laws and Liberties of People are above their Governors God alwaies gave Laws to such as should govern the people for the peoples good Deut. 17. which their Rulers ought not to alter vid. Brains New Earth Secondly All Rulers and Governors are bound to execute their Offices and Authorities for the peoples benefit and publick good and the greatest Treason is against the peoples Laws and Liberties And Caesar himselfe in his Commentaries tels us that Amblorix King of the Eburons confessed that such were the conditions of the Gaulish Empire that the people lawfully assembled had no lesse power over the King then the King had over the People but rather more So we find there how Vercingentorix gave an account of his actions before the people how they were for their good and freedom Thus in England Ireland and Scotland the Representative of the People have the greatest authority i. e. as from the People the like in Spaine especially in Aragon Valentia and Catalonia cum aliis c. There is a Justitia Major who stands for the Peoples Rights and Liberties hath more power then the King or his Councel and therefore at his Coronation the Lords of the Kingdome use these words in their own Language to the King p. 60. Nos qui valemos tanto como vos y pâ—demos mas que vos vos elegimos Rei con estas è y estas conditiones entra vos y nos un que mandamus que vos We who are in as much value as you and have more power then you yet have chosen you King upon conditions c. and there is between you and us one that commands both you and us i. e. the Justitia Major who is altogether for the peoples Laws Right and Liberties and to see that for this end the Kings and Princes govern But in case Governors doe not rule for the publick good then Thirdly The People may orderly declare against the dangerous Practises of their Rulers and make an orderly resistance for their owne Rights and Liberties Now let me not be mistaken for I fear this Doctrine will not please some selfish Rulers but this I say whilst I call upon the people to appear for their own freedome and rights I mean not by armes to fight or wage war against their Governors in a rash disorderly way O no! not for a world that we should bee guilty of so ungodly a Rebellion for really I would bee one that would spend my blood against them that so doe but this I say let them mildly declare against the mis-governments of such men as seek their owne private more then the publick good and let them use means to correct that mis-government to admonish the offenders to petition to the Parliament or to our Conqueror the Lord Generall with the same importunities the poor Widow used to the unjust Judge till she was answered and so continue untill the
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sagrir OR Doomes-day drawing nigh With Thunder and Lightening to LAWYERS In an Alarum For New Laws and the Peoples Liberties from the Norman and Babylonian Yokes Making Discoverie Of the present ungodly Laws and Lawyers of the Fourth Monarchy and of the approach of the FIFTH with those godly Laws Officers and Ordinances that belong to the Legislative Power of the Lord Iesus SHEWING The Glorious Work Incumbent to Civil-Discipline once more set before the Parliament Lord Generall Army and People of England in their distinct capâ—â—ities upon the Account of Christ and his Monarchy Humbly presented to them by JOHN ROGERS an unfained Servant of Christ and this Common-wealth in their best Rights Laws and Liberties lost many years Bread of Deceit is sweet to a man but afterwards his mouth shall be filled with Gravell Prov. 20. 17. Whoso stoppeth his ears at the cry of the poor he shal cry himself but shal not be heard Prov. 21. 13. They are Brasse and Iron they are all Corrupters the Bellows are burnt the Lead is consumed of the fire the Founder melteth in vain for the Wicked are not plucked away Ier. 6. 28. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When their Judges or the greatest Lawyers are thrown down into stony places they shall hear my Words because then they are sweet Psal. 141. 6. Causidicis Erebo Fisco fas vivere rapto Militibus Medico Tortori occidere ludo Meâ—iri Astrologis Pictoribus atque Poetis LONDON Printed for Tho Hucklescot to be sold at the George in Little Brittain 1654 To the Right Honourable The Lord Gen. CROMVVEL The Peoples Victorious Champion in England Ireland and Scotland My Lord HIs EXCELLENCY the Lord Jesus hath sent out his Summons to other Nations also and the Blade of that Sword whose handle is held in England will reach to the very Gates of Rome ore long but by what Instruments we know not yet for what end we know Psal. 72. 2. 4. 13. viz. to breake in peeces the oppressor and to deliver the poore and needy yea to spoile the weak-hearted and be more excellent then the mightiest mountains of prey Psal. 76. 4. 5. this shall goe on till all the earth be filled with his glory Now my Lord hitherto he hath honoured you in his War let him also doe so in his Work which the War hath made way for viz. in throwing down of Tyranny the Oppression which as you have begun to doe so this Treatise hath unavoydable reference to your Selfe to carry on as our Conquerour upon Christs and the Common-wealths account and not upon your owne Therefore are the eyes of thousands upon you to see what you will doe for their safety and freedome according to the just Rights and Liberties of the People of this Nation which they had before the Norman Tyranny and Conquest for it is far better for us my Lord now to hang us then not to help us against these unsufferable Lawes and Lawyers which rob us of Justice and righteousnesse as it is obvious in the Treatise whiles not one honest man in England dares justifie them the mouthes of all are open against them which like doores without Lock or Key can scarce be shut close againe till there be an alteration Jethro's counsell to Moses my Lord concernes you in Exod. 18 19. Hearken and I will give thee counsell and God shall bee with thee be thou for the People to God-ward that thou mayst bring their causes to God c. we beseech you hearken to the inexorable yea inexuperable cryes and calls of the Communalty for godly Lawes and for justice upon the usurping proud Lawyers for their lying perjury and treachery which is according to the Statute and good Lawes punishable It is without malice to a man of them and meerly out of Conscience to ingage against sin and enemies to Christ and this Common-wealth that I must make such a Character of them as I doe it may be I speake spiritfully yet not spightfully though oppression makes a wise man mad sayes Salomon Eccles. 7. 7. and indeed if it be madnesse to ingage against Sinne I will be so for Si natura negat facit indignatio versum but here 's no need of Passion seeing Piety preaches yea the light of Nature presses these lines against that sinfull Society yea the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 calls for it The Aegyptian Hieroglyphick for Legislative Power was oculus in sceptro but ours had need to be oculus in ense the eye in the conquering Sword of the people I meane first a full eye to looke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 backward and forward with an open Prospect into the Peoples Liberties and advantages for their safety and freedome and then an able quick eye to deliver the People from oppressors and to defend them in their owne â—ights And indeed my Lord we would have no Law Nisi lex oculata but that Law which sees how and what and to whom to administer in aequilibrio in justice whilst many of our Lawes are the â—lawes of this Common-wealth for as Plutarch sayes Turpe praeceptum non est lex sed in quitas The Chineses would perswade us that they only see with two eyes and other Nations but with one O that we could convince our Neighbour Nations now by our Lawes and Government that we see with both eyes for our selves and friends too if need be wherefore let us fall to their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let us worke and watch for Christs Monarchy which is now upon the borders and be sure to keep in the Kings Christs Road for that is safest Israels Omen of going on against his enemies was 1 Chron. 14. 15. the voyce in the top of the trees and this is ours also viz. the voyce of God as in Primitive times and in the top-ages of the Church for his Spirit is mighty and growes great every day and when the enemy shall be like a Floud the Spirit of the Lord shall lift up a standard against them Isa. 59. 19. and why see Isa. 31. 3. the Lord Gods greatest worke in these dayes is Spirit-worke and none will be found fit to be imployed in it but such as are spirited for it by the Holy Spirit for then our Warres wil be holy Warres our Lawes holy Lawes our Parliaments holy Parliaments c. and not before Wherefore my Lord for Christs sake minde and finde out what your worke is you have not done all yet for now you have won us you must wall us with the good and wholsome Lawes and Liberties of the People as we were before the Norman invasion or rather as Israel of old Deut. 6. 1. or else Gog will arise who sayes in his presumption I will goe to the Land of unwalled Villages I will goe to them that are at rest It is dangerous indeed now to sit still seeing the Wheele full of eyes is in his swiftest motions and may without heed run
upon us and ruine us The Devils designe is to make the most able and eminent Instruments uselesse by idlenesse when the greatest worke is to doe as one sayes of the Crab that seeing the Oyster gape he throwes in a little stone which hinders it from shutting againe so am I and hundreds beside suspicious least Sathan should deale with them that now sit still and gape about as if they had nothing to do by throwing them some temptations or other to stay them here behinde in purchases preserments or pleasures and make them loose their work and opportunity O it is sad if it be so for the best Birds dum morantur in nidis doe moult and loose feathers But my Lord hark the Trumpet sounds and Christ is coming in great glory arise and to your worke It is not notions of Philosophy nor Principles of Policy which will give us to see this for in Philosophy what is so dark as light and the Sun which one would thinke most evident to be seen is hardest to be looked on and so is this glorious approach of Christ and his Fifth Monarchy But Eagles see better then Owles The Lord Jehovah then make you Eagle-eyed and Eagle-winged in this worke which you have to doe for Christ and this Common-weale Cicero expected extraordinary knowledge and practise from his Son because of his conversing and living with Cratippus no lesse doe wise men looke for from you my Lord for that you are so conversant with the Occurrences of these times and seasons and that so eminently too and live as we hope so much with Christ and for Christ yet we know a man may have good cards but loose the game by playing ill But my Lord I leave you to that Spirit which gave Daniel skill Dan. 9. 22. and Ioshua courage the same wisdome that tels us He that understands is of an excellent spirit tels us also That the Prince who wants understanding i. e. in the things of God according to the season of his government is also a great oppressor Wherefore my Lord I beseech you contemne not the Clock that tels you how the time passes a meane Herauld may goe on great errands and on this errand he is contented to be mean contemptible who is sent to you and prays unfainedly for you that you may never be set aside but be of singular use yet in this Generation and then and not till then rest from all your labours as David did Acts 13. 36. The Sword of the Lord and of Gideon together gets the loud suffrage of your suffering From my Study the 8th Month 20th day Tho. Apostles Yet your heartily humble Servant in the service of our Lord Iesus JOHN ROGERS To the Reader of any Faculty whatsoever in the Commonwealth of ENGLAND SIR WHat is your Profession Be what thou wilt I professe that this Treatise concernes thee and bids thee beware of a fall Hold fast especially if thou art any of the Supreame For he that ventures to fall from above with hopes to bee catched below may hap to be dead ere he come to ground this is sat sapienti a Word to the wise Therefore with humility and love to you 1. Are you a Parliament man mind your worke then and the Fifth Monarchy or else the stone Dan. 2. and the wheel Eze. 1. may hap to minde you and grind you too Righteous men know their work of the Generation they live in Gen. 4. 20 21. 22. Gen. 6. 9. Act. 13. 36. So did Abraham Noah Moses Aaron David Daniel Nehemiah and Ezra and all men whom the Lord annointed and appointed to govern And so will you if you be of God for good to this Generation Your worke so absolutely incumbent is obvious to every discerning eye the neglect of which if you be guilty I fear lest it should be more fat all to you then to the last Parliament if that be true in 1 Sam. 15. 26 28. and 16. 14. and may hap to throw you aside as well as your Predecessors and others in all ages that have through carnall Reason and Policy laid aside their worke and duty Now I doe declare to all that hear or read this Treatise and will if my life were on it that your worke is about the Lawes and Tithes to strip the Whore both of her outward Scarlet-array and to rend the flesh off of her bones by thorwing down the standing of Lawyers and Priests It is not enough to change some of these Lawes and so to reforme them as is intended by most of you according to the rule of the Fourth Monarchy which must all to peices O no! that wil be to poore purpose and is not your worke now which is to provide for the Fifth as chap. 5. by bringing in the Lawes of God given by Moses for Re-publique Lawes as well as the Lawes of God given by Christ which must in for Church Lawes Isa. 26. 13. Mark 10. 42. so that seeing the Law-booke of God which hath been lost so long is now found againe therefore like Josiah in 2 King 22. 12 13. Command that the Lord be sought to about it lest the wrath of God be kindled for not hearkening to the words in that Booke and cause these Lawes of God as chap. 23. 2 3. to be restored and read as he did in the eares of all the people that the people may be subject to those Lawes and then the Lord wil blesse you as he did Israel But if you doe it not I feare you wil be found to neglect your worke and opportunity for God and Christ. Why are there so many perplexable cares about the Lawes Hath not God given you a Booke of Lawes ready to your hand and can men make Lawes better then God then if Moses dare not set up any other Lawes but those given of God for the State or Politicke Government how dare you Now God hath brought you out of the house of Aegypt shal the Aegyptian or Norman Heathenish Lawes yet rule you O God forbid Wherefore seeing you have Gods Law-booke before you if you lay it aside and take up mens before it it wil not be well taken I promise you therefore the Lord open your eyes both as to the Lawes and Tithes and that you may looke before you leap It wil appeare this is your Generation-work 1 By the variety of Providences and Dispensations of God which declare it and have called you to doe it Micha 6. 9. The Lords voyce cryeth the voyce of the Lord from the City for all that common or corrupt Counsel-Petition put in for Tithes August last which was not the voyce of the Lord but the voyce of the Lady the Queen that sits on the Scarlet-coloured Beast full of Blaâ—phemies Rev. 17. 3. abusing the most precious Saints and Servants of Christ with a subtil insinuation of Jesuiâ—s and the like but it is wel knowne they were put on to it by the High Priests of this
the High-way So that herein the Law of God engages us Et nullus subditur legi inferioris contra superiorem What then though some Humane Laws through the corrupt close and clandestine Interests of men should not allow this liberty our consciences are not bound to humane unjust Laws which run run-counter and justle against Gods but as 1 Pet. 2. 13. to submit our selves to mens laws propter Deum for God Nemo astringitur mandato inferioris cum superiori mandato dirigatur So that we are bound to mens laws but secundum quid as we say but we are absolutely obliged to Gods Laws And in obedience to Gods Word we must not onely endeavor to free our selves but our neighbors from Tyranny and Oppression Love thy neighbor as thy self Let me a little digress now for the Publicks sake in this my discourse not onely to acquaint the Governors of our Nation how much the Message from Burdeaux in France or any other Nations concerns us for we are bound by the Law of God to help our neighbors as well as our selves and so to aid the Subjects of other Princes that are either persecuted for true Religion or oppressed under Tyranny What mean our Governors to take no more notice of this How durst our Army to be still now the work is to do abroad Are there no Protestants in France and Germany even now under persecution And do not the Subjects of France that lie under the Iron yoke of Tyranny send and seek and sue to us for assistance Well wo be to us if we help not the Lord Judg. 5. 23. against the mighty For it is the Lord hath sent for us thither and calls for a part of our Army at least into France or Holland Therefore Cursed be they that do the work of the Lord negligently or but by halves Jere. 48. 10. Object O! but some will say What call have we Answ. Can ye have greater You are called thereto by God and Men Object We have no example for it Answ. 1. Suppose it so yet by faith it is ye must subdue Kingdoms obtain promises stop the mouths of lyons quench the violence of fire wax valiant in fight and turn to flight whole armies Heb. 11. 33 34 35. 2. Stay for such ceremony and your help may come too late Mattathias I told you of before fell pell-mell upon the work as soon as ever necessity called for it and opportunity seconded it 3. Your work is not to be after the commandments or eâ—â—mples of men for that is the way to be broken Hos. 5. 11. Isai. 29. 13. But by you the work of God is a strange work to confound the wisdom of the wise c. But 4. If nothing else will serve there is ample example for you both in Scripture and History in Scripture we know Hezekiah though King onely of Judah 2 Chro. 30. yet looked after them of Israel too though under the Dominion of the King of Assyria yet even to those subjects of Assyria that were one in faith he sent Messengers to invite them to come into Jerusalem and he gave aid to them though against the Laws of the King of Assyria to destroy their Idols and Idolatry and to set up the true worship so may we assist our friends in France if we are called to it and invite them to us to joyn with us And we may yea and must if we sin not send help and aid to them till their Idols and Idolatries be hewâ—n down with all their high places and so go on till that France whom I conceive the second of the ten horns Rev. 17. 12. Dan. 7. 9 10. have her Judicatâ—â—y Throne set up Psal. 89. 14. 9. 4. also and then the work will run on round about without much of our help and all the ten horns will tumble apace and in few years Babylon will be faln and Christ reign to the total extirpation of Antichrist Another example is given us by good Josiah 2 King 22. 2 Chro. 34 35. who out of true zeal to God took upon him to expel Idolatry not onely out of his own Kingdom but also out of the King of Assyriaâ—s dominions But now we are or may be sent for to do it in France or Holland or the like wherefore let me tell our Army and Statesmen that if they belong to the Lord yet and if God hath good to do by them yet that then they shall not be able to sit still long for if they will not take their work abroad they shall have it home as sure as God lives and is righteous For where the Kingdom of Christ comes there is no such thing as bounds or limits or Rivers or Seas that shall cage up or confine the fervent zeal and flaming affections of an Army Representative or People spirited for the work of Christ which is more and more publick and looks beyond Seas now O no! no more then the bounds or limits of a Parish shall confine a Minister of the Gospel to the Spiritual work of Christ. In History we have examples enough Constantine the Christian makes Wars against Licinius the Emperor for his persecuting the Christians in punishing and putting them to death and depriving them of their Christian liberties so that after Constantine had warred for the oppressed ones he compelled the oppressor Licinius to give liberty to the Christians in matters of Religion and then he put him to death in Thessâ—lonica for his Devilishness and Cruelties to his Subjects And after him we finde that Constans threatned to war upon his own and elder brother Constantius for banishing Athanasius from Alexandria because he was so hot an Antagonist against the Arrians and this war would have been a bloody one too had not Athanasius been restored And is it possible that Constans who adhered to them that were the Orthodox Christians for the restitution of the Biship thought his call to war sufficient And shall not we upon suit and petition of the oppressed City of Burdeaux and Subjects of France or distressed English in Holland imploring aide against Tyranny and Persecution think we have call enough for the restitution of Christ his Kingdom Saints Liberty of the poor oppressed Protestants and the deliverance of distressed Cities Citizens and Subjects For shame away with this irrational irreligious and unchristed spirit and take courage upon Gods command mens call the spirits motion and Christs arrand in the world and call the scarlet whore that sits on that Horn of the Beast to a strict account for the innocent blood that is to be found there upon the Inquisition Thus Theodosius made war on Cosroes King of Persia to deliver but a few Subjects fewer then are in the City of Burdeaux from tyranny and persecution But upon a more civil account we know the Roman Common-wealth and the Lacedemonians and Thebans
and Spartans have ever sent succor and assistance to their Neighbors when oppressions and tyrannies compelled them to implore it as now the Bâ—rdelois do of us and must we not aid the afflicted and distressed There is a notable sentence of the Spartan Senate left upon Record For the Spartans being Lords of the great City Byzantium they made Olearchus Governor there who kept up the corn in the time of wars for the Souldiers and let the Citizens die for hunger but Anaxilaus a great Citizen disdaining such tyranny enters into treaty with Alcibiades to deliver up the Town who indeed was received soon after But Anaxilaus being impeached by Articles pleads his cause himself for Lawyers were not then as now and his Judges acquitted him with these words Wars are to be made with Enemies not with Nature for it is against the very Law of Nature that those who should bee their Defenders and Preservers prove more cruel the enemies So as it is against the Law of Nature for the King of France to be worse then an Enemy to his own Citizens and Subjects So it is an much against the Law of God should they supplicate to us for assistance to be worse theâ— Neighbours and then such Professors and Pretenders for the Kingdome of Christ as we make a noise of in the world to be if we strike not now in for the interest of Christ and take not the opportunity to visit those coasts and to view the condition of the Protestants and oppressed ones in that Kingdome So let us come into our own Country for examples did not King Hen. 2. war against the Emperor Charls 5. under the colour and command of defending and delivering the Protestant Princes yea K. H. 8. made ready to helpe the Germans if the Emperor should oppresse them And shall we sit still now the eyes of all oppressed and distressed Protestants and Subjects in all Nations round us are upon us and the rather for that we pretend to do all for the Interest of Christ and Liberties of people Nay in this we have all the advantage that can be that whereas others waged wars with their own Interests ours will be with Christs who is to rule all Nations their 's about meum and tuum ours onely for Christ and his Kingdome Oh then that our Powers and Armies and Navies and Churches and all together would joyne in one to ingage together as one armed man And in the name of Jesus now to proclaime liberty to the captives and oppressed ones of other Nations abroad as well as at home were there but once a Proclamation made in the name of Jesus Christ O how many would come running under his banner from all parts beyond expectation of such too as are not yet known to the world and then woe be to Gog and Magog The Gaddites desired to be at rest and to go no further but to stay on the other side Jordan and to live there which though Moses assented to yet it was with this proviso that they should goe on and assist their other Brethren with their whole worke and go through-stich with it now they had begun â—t until the Israelites had conquered the Land of Canaan yea and to goe first out as the Van because they would first sit down and if they refused to doe thus then they were anathematized and destined to destruction like them that were adjudged Rebells at Cadesh barnea and none of them by the decree of God were ever to enter into the Land of Canaan So such of the Army Representative and Commonwealth that have 〈◊〉 heart to go further beyond the Seas Jordan but would be â— rest on this side should hear a Moses say what what yâ—â— brethren go on and fight further for Canaan and you sit still aâ— live lazing and idling at home No! no! away you that woâ—â— first sit down and lay down Armes and live in Peace get you first out beyond Jordan for you shall not returne to your Cattle and Corne and fine finical fig-leaves to be Coached and complimented into effeminacy and fooleries no nor yet to dwell â— home in England with your wives untill the Lord hath driven 〈◊〉 enemies before you and granted a place to your Brethren beyond Jordan as well as to you on this side it and then you shall 〈◊〉 turn in peace and with welcome and be innocent before the Loâ—â— and his people Israel and abide in quiet but not till then Therefore Uriah said 2 Sam. 11. 11. The Ark of the Lord and Israel and Judah abide in Tents and my Lord Joab and the Servants of my Lord are encamped c. And shall I goe into 〈◊〉 house to eate to drinke and to lye with my wife as thou liveâ— and as thy soule liveth I will not do it O brave Souldier come on then let 's be gone abroad and get on the other side the riâ—â— in the name of the Lord Jesus and those that will not doe it liâ—â— the Rebels at Cadesh barnea they must be cursed and never enâ—â—â— into the land of Canaan which is on the other side the Rivâ—â—â— Wherefore to our Neighbors both at home and abroad let every one discharge his duty aright and let not Holland or France bâ— forgotten and it shall be a door of hope to us in the valley of â— chor For beleeve it upon perpending the concomitants wiseâ—â—â— know what I mean Hos. 14. 9. there is a necessity of taking all 〈◊〉 opportunities to show our love to Christ and his Kingdome and our charity to our oppressed and afflicted imbondaged neighbours and let not men dispute so much whether it be lawfull 〈◊〉 defend or strike in for anothers liberty and deliverance if it wâ—â—â— lawfull to doe so for our own seeing we must love our neighbâ—â—â— as our selves Diligit in proxime quod in seipso diligit â— diligit proximum eandem ob causam propter quam diligit sâ— ipâ—um if we love Christ then in our Nation why not in another and if Justice and Peace and Piety and Righteousnesse among our selves why not among others O for shame sirs let 's rubâ—â— eyes and look about us And after the wicked Lawyers have had a bâ—ng let us beat a march and alarm the whole world Jer. 50. 2. Declare ye among the Nations and publish and set up a standard publish and conceal not till ye say Babylon is taken Who is on my side saith the Lord. Who Come against her from the utmost border even Ireland and Scotland open her store-houses cast her up as heaps destroy her utterly let nothing of her be left Wo to them for their day is come the time of their visitation The vengeance of the Lord our God yea the vengeance of his Temple or Churches Jer. 50. 26 27 28 29. I intended not this length but the Lord will have it so and so I come in again to the
those Lawes which have in their bowels freedome and honesty do owe their homage to the peoples choise A people rightly principled as before with Reason and Understanding are the proper originall in that sence that Origo is a re ad rem and rise of rationall Laws which are laid out altogether for the peoples rights and Liberties from hence we have these Observations 1 Obser. Reason and Judgement goes before to create a capacity Freedome and Honesty follows after to execute and fulfill it 2 Obser. Justice and Equity must be in men before they come to be in the Lawes of men 3 Observ. The rationall honest people in generall are the true originall or rise of those Laws which they are Governed by 4 Obser. The genuine intent of Lawes in their originall is to curbe and keep in principally the Princes not the People the rich not the poor Oppressors and Tyrants not others of the people To bridle Great ones who are most lawlesse and to keep Governours within their due Precincts of just and righteous Government 5. Obser. True Laws as they arise from their originall are not to burthen but to ease to grieve but to relieve to hurt but to helpe to insnare but to take care for peoples Liberties and Freedom 6 Obser. As Laws cannot be made but by the peoples voice so a Judgement cannot be rightly executed but by the peoples concurrence So that Sicut cogens aliquem ad aliquam legem non publicâ authoritate sancitam servandam injust è facit ita quis alium judicans non habens authoritatem vel usurpandâ— sibi judicandi potestatem graviter peccat As to compel one to keep such Laws as are against the Liberties of the People and have not their originall from the people is Tyranny and injustice So to passe Judgement upon any one of the free-born people by an Usurped power and not derived from the people this is no lesse Tyranny and Injustice But all this while I speake of a rightly principled people that are in their capacity Use 1 Where abouts are we then as to the Laws and Lawyers or whence had they their original by what Rules do they proceed And to the originall of the Lawes first we shall find them since the Norman Conquest that the Lawes were a Norman bondage an Iron Yoake and Coller about the necks of the free-borne people to this day For as Fortescue tels us c. 17. Regnum Angliae primo per Britones deinde per Romanos iterumque per Britones deinde per Saxones possessum extunc per Danos iterumque per Saxones sed finâ—liter per Normanos c. This Nation hath been under divers Conquests so that severall alterations have thereby been made of the Laws either in part or in the whole upon every Conquest and if at any time the Conqueror continued any Laws which the people allowed of it was for his own ends to ingratiate himselfe into the people thereby and yet to espouse his own Interest For as one saies ch 2. p. 6. of his Survey of English Laws so some noble and notable Theeves doe as Hinde the Robber return back again some part of the moneys they take from the poor Travellers to be the better thought of and the lesse pursued But this is certain the honest hearted Britains lost their Laws and Lands together though the Saxons and so the Normans after them allowed of some of their Laws after they were Saxonized for their own ends Now the reason of all is that the Conqueror was evermore carryed on by his own will and lust which he looked upon above the peoples Rights and Liberties and meere force being partial would never suffer a Jury of Freedome Thus Will. the Conqueror altered some and quite took away others of the Laws that were in Edward the Confessors time which Laws were so allowed of that Kent and other places would never have yeelded to him but on condition they should keep their own Lawes But notwithstanding his ingagement to them and his oath at his Coronation he takes away those Lawes that were the peoples Priviledges and at his own pleasure makes Lawes destructive to the peoples good and publick weale only to advantage his own Interest and promote Prerogative By him and the Saxons before him our English civill Laws were so barbarously razed up from their foundation principle and original that we were made and have so continued absolute Slaves to Great men and whereas before when the people were the rise of the Laws they were wont to curb and controle the exorbitancies of Great ones and were therefore principally intended but now they are changed and are made principally to enslave and oppresse the poore and commonalty or free-borne English and to make them Vassals and doe homage to great mens humors Thus Great men got a latitude ore the free-born people and could oppresse by law and by the proudest Principles of self-Interest and worldly Greatnesse stand upon the pinnacle of power and tyranny yea on tip-toes to be high enough for men to fall down and worship them in offering sacrifice to their lusts and in doing homage to their huge wils Thus great men were followed as consonants follow Vowels with obsequious flatteries and complacent compliances of the simple fellowes and servile spirits that have lived in the world before us who easily adored these golden Images and gave up their rights as they were the free-born people of England for a free will Oblation O these Prodigall and stupid white-livered people It is pitty they were Englishmen that would give that away for a word or good look from a King Courtier or Conqueror which will cost much time and labour to recover Obsequious and servile spirits are but faint and treacherous Guardians of Englands just Rights and Priviledges Upon this advantage hath great mens Interests gotten in and tip-toed it over the people when the poor silly people durst not but open the door at their knock they could not do lesse then enter in shut us all out for Fools And when once they had got the possession of the Law their first work was to secure themselves and their own Greatnesse by a guard of Laws against the Liberties and Freedom of the people in so much that our Cannon being thus turned upon us they charge us with thunderings threatning of us for Traytors and Rebels by the letter of their Lawes if we but stir a step towards our Freedome so that the Laws are forced to accuse kill and condemn their own Mother and the best Friends they have in the world Thus the Law became any thing or nothing at the commands and courtesie of great men for which I blame not such as were ravished of their Rights against their wils when all their â—ing and crying out for help in corrupt times could not save â—em from being deflowred But it is
they can beare seeing that Subjects are not to bee dealt with as Slaves and Bondmen But God himselfe in his Law to Kings Deutr. 17. 15 20. calls his people his brethren and so David did own them for his Brethren 1 Chron. 20 2. and so one Bartolus a famous Lawyer in Tract de regim Civit. says Subjects are to be held and used by Kings and Governors in the quality and condition of Brethren and not of Slaves so that our Governors and the General must use and ease the free-born Englishman as their Brother Fiftly Wil. the Conqueror brought in another Iron Yoak which the people call for ease from and that appears in p. 99. of the History of the lives of the three Norman Kings That in all those Lands William the Conqueror gave to any man as he did much give away to the Normans yet this covetous Tyrant he reserved dominion in cheife to himselfe for the acknowledgement whereof a yearâ— rent he caused to be paid unto him and a Fine whensoever thâ— Tenement or Land did aliene or die these were bound as Clients to him by oath of fidelity and homaâ—e and if any died whoâ— Heir was in his minority the King Conqueror received the profits of the Land and was his Guardian til the age of one and twenty This bandage of slavery is great though it is in part taken awâ—â— by the fall of the Court of Wards yet there remaineth a very greâ— Tyranny under such as are called Lords of the Mannor for eveâ— since says Holinshed as Lords and Great ones have held this 〈◊〉 the King so also have inferior persons and the poorer sort of people held this of their Lords and in case of disobedience the proprâ—itâ—ly does revert Hence came Lords of the Manor Landlord Tenaâ—â— Holds Tenures c. which are all slavish ties and badges origâ—nally grounded upon mâ—er conquest and Power inslaving the people Now let us but consider the nature of this bondage foâ— when thou that art a free Commoner hast bought a peece of Copyhold-land and paid all to a penny for it of the Owner and toâ— farthing the full worth of it yet the Lord of the Mannor foâ— sooth must have his Fine or else you shall not have a foot of the Land but hee will ceize on it that never pald a penny for it Nay more if you leave it though it be presently another Fiâ—â— fals upon it or if you die your poor Widow or Fatherlesse chilâ— that is in need and comfortlesse must pay another Fine for it too oâ— a Herriot of the best goods left which the Lord of the Mannoâ— must have or else the Land be forfeited O these arbitrary tyrannous customes For as Jer. 5. 26 27. Among my people aâ—â— found wicked men they lay waite as one that sets snares thâ—â— set a trap to catch men As a cage is full of birds so are their houses full of deceit therefore they are become great and waxen rich These grievous Laws are snares indeed So that foâ— Fines and â—â—rriots they covet Fields Amos 4. 1. and take them by force and houses and take them away so they oppresse â— man and his house hear O yee kine of Bashan which oppresse the poor and which crush the needy Amos 8. 4. These as the Prophet Isa 59. Turn Judgment backward Equity cannot enter and he that refraineth maketh himselfe a prey These oppressors takes pledges of the poore which is forbid Joâ— 24 9 and they turne aside the needy from righteousnesse and take away the right of the poor that widows may be their prey and that they may rob the Fatherlesse Isa. 10. 2. Is it not time Fellow-Commoners to call for our freedome from this formality and lust of man what are these Lawes but the direct issue of Tyranny and the badges of our slavery shall rich men thus reign over us and contrary to all Reason or rule of Righteousnesse thus oppresse the poor and widows and fatherlesse and all with â—ealtieâ— Homages Oaths Fines c. What Law is this but Lust and Will Power and Custome which is insufferably corrupt and full of that Feminine which Juvinall speaks of Sic volo sic â—ubeo sic pro ratione voluntas This absolutenesse in some men over the persons and estates of others is plaine Tyranny and without Reason which the ravenous Conqueror brought in and will not our Religious and Rational Conqueror take it away then Shall men as the Psalmist says Psal. 94. forge wrong or frame mischief for a Law God says plainly they shall not oppress the poor and the widow c. Exod. 22. 22. Zach. 7. 10. and will not all the godly say so too Then surely this Supream Power so called i. e. the Parliament of England had need to arise and redeem the people who expect it from this arbitrariness and absoluteness of men who oppress the poor fatherless and widow with this iron yoke of fines rents and herriots to Lords of Mannors and the like which was brought in by the lust humor will pride and covetousness of a Tyrant Pure Religion visits the fatherless and the widow Sixthly and lastly There is another and that a most notorious servitude and misery which William the Conqueror brought the free-born people of England into which by Oliver the Conqueror the people expect deliverance from or else their lives will be but a burthen to them This bondage is by Lawyers for whereas before when the Law was delivered at our own doors every man was heard to plead his own cause without Sollicitors or Attorneys since that the Customs of Normandy were advanced by William the Conqueror the Courts set up at Westminster and the Laws commanded to be made and causes pleaded in French the poor Commoners must of necessity retain Norman Lawyers seeing they themselves understood neither the Law nor Language Thus the poor people were miserably abused and forced to buy their Law and come by their own at a dear rate whilest Lawyers pleaded their causes and at one tryal of a suit sucked up more money may hap then a poor man could get by his work and labor in half a year So that their rise may be ascribed first to the unknownness of the Law in a strange tongue secondly to the intricateness and fallacies of it whereby an honest plain man was rendred unable to extricate himself therefore he must have recourse to the shrine of the Lawyer unless he have learned State-Jesuitism tricks and quiddities in some of the Inns of Court and thirdly the Terms at Westminster whilest the Lawyer like the Roman sets up his god Terminus for all the Country round to fall down and adore The common sort of Lawyers carry a head full of Idea's of right or wrong and so can run on in a round oâ— formulary of words to couzen poor simple people I trust God will undeceive us But as yet in King Williams time the
Lawyers interest which from the first was grounded on corruption was but a Jelly a poor little puny thing For one friend coming up to London to the Term about his own cause for a little matter towards bearing his charges in his journey would appear and plead something for his friends or neighbors cause so that it soon came to this that he that was most versed in the tricks of the Law and these Courts would be desired by his Countrey neighbors about him to undertake a journey to London and to do their businesses too and so they would bear his charges and give him some small reward Thus honestmen would get sometimes Parents Friends Brothers Neighbors sometimes others to be in their absence Agents Factors or Sollicitors for them at Westminster and as yet they had no stately houses or mansions to live in as they have now called Inns of Court but they lodged like Country-men or strangers in ordinary Inns. But afterwards when the Interest of Lawyers began to look big as in Edward the thirdâ— days they got Mansions or Colledges which were called Inns and by the Kings favor had an addition of honor whence they were called Inns of Court Thus those that came to be versed in the niâ—â—ties and formalities of the Norman Laws every Term were employed by others of their friends in the Country and found it sweeter then to follow the Plough and as Controversies increased they increased in number and took up their quarters and by degrees grew up into an orderly body and distinct interest as now they are and after they were thus formed into a body they hired the Temple of the Knights-Templers for their abode together and as Contentions increased their Interest grew great and by a long series of time so great as it is now What grounds the good people of England have to expect the fall of these Norman Lawyers and restauration of our Liberties and Freedoms as at first by Oliver their Conqueror will appear first from their rise and interest secondly our bondage thirdly their trade and practises in sin To the first 1. The rise of the Lawyers was the will of a Tyrant or an Arbytrarâ—â—ower which was and yet is a plague to the free-born people of England 2. Their Interest comes from pride strife fulness of Broad and prosperity 3. It was at first but a bare title and upon the ruines of others and by corruption it grew up to an interest as it is now 4. Their interest grows great by sin as lying cheating wronging and robbing the poor and making merchandise of the Law to the free-born people of England 5. As their interest got up they would suffer none to plead or be a Lawyer unless he were brought up in their Courts and Inns in their trads tricks and cheats to sell the Law at a large rate to Chapmen called their Clients so that the Law must be bought and sold before it be had 6. This Interest taught them ever since to m 〈…〉 ize and ingross the Law into their own hands for their own gain and markets 7. It is an Interest that regards no other but its self yea and is resolved to promote its self though it be with the ruine of others round about 8. This corrupt tyrannical Interest for fear of a fall knowing how wickedly it stâ—le in with robbery and ruine to the people so that it is a wonder it is suffered to stand all this while I say for fear of a fatal blow it doth back and barricado its self with secular powers and use all wiles to establish its own greatness so as that the fall of it may be costly and chargable to the poor oppressed people Thus from the rise and interest of the Lawyers it is obvious to every rational capacity what a necessity there is for the throwing down this dangerous and destructive order of the Lawyers before we can be freed from slavery tyranny oppression arbitrary will and power and lusts of men lying and cheating away our estates and liberties and making merchandize of the Laws of England and Justice These must down I dare ingage my life on it before the people can be quiet or the Commonwealth flourish with Equity and Justice all Objections to the contrary we shall answer by and by Secondly Our further grounds are from the peoples slavery under this tyrannical order of the Lawyers For First Let a man now seek the benefit of the Law he shall lose it and his right too without the Lawyer be lustily feed for it and this was not before the Norman tyranny so that as the Jews were in Christs and the Apostlâ—s days subject to the Romans and could not have the benefit of their Law but by the Romans so the Commoners of England have been miserably abused to this day by a company of cheating Lawyers and cannot have the benefit of the Law but by these Norman Customers or Publicans that sit at the receipt of custom Secondly The free-born Subjects of England are under slavery by these Lawyers in that they will allow â—o Advocates but of their own coat forgetting their own first original to plead a cause â—hich I the more wonder for that the Norman and Dane were so near a kin that the Norman set up several of the Danish Customs but I beleeve purposely he omitted this that King James mentions in his Star-Chamber speech In some Countries sayes he as in Denmark all their State is governed onely by a written Law there is no Advocate or Proctor admitted to plead onely the parties themselves plead their own cause and then a man stands up and pleads the Law and there is an end Surely this Custom had been borrowed of the Danes too but that for the Lawyers who would lose their fees then This made some of the eminentest of them imagine me of a Lilburnian spirit for that I would ever speak in my own cause and in others honest causes too and would hire no mercenary fellow of them all but I have told their Masters and Lords several times that I would have my liberty to plead my own cause which I have done and carried it too against four Counsellors in fâ—â— against me But this made them most enraged enemies to me ever since and such are afraid their markets must fall if a man come once to plead his own or his fâ—iends cause which is our freedom to do And we finde it was good Statute-Law in 28 Edw. 1. cap. 11. For mens friends parents brothers or neighbors to plead for them without the help of a Lawyer This must be again ere the people can be quiet or sit down under their own freedom and then there will need no Solicitors Agents shirking Cheats and such alike mercenary train too at Committees but an honest man shall tell his own tale as Anaxilaus did in the Spartan Senate Diod. Sic. lib. 2. c.
all our Freedom and Liberty lost Now to conclude this Chapter know the poor oppressed people and free-born Commoners are passionately looking upon the Lord General for a restauration of their Rights and Liberties which they lost by William the Conqueror for these Reasons 1. William the Conqueror waâ—â—ed upon his own account and for his own Ends and fought meerly for himselfe and so robbed the people of all But our Generall Oliver the Conquerer went out to War and ingaged against the Normans and got the Garland through mercy upon the Peoples account and for the people to free them from tyranny and oppression and this he hath often and often declared to the Nation and Commonalty and for this next to the Interest of Christ he hath had the peoples prayers and purses and persons and hearts estates blood and all and upon this score have so many Battles been fought Towns taken and Victories obtained in these Nations Therefore as Austin speaking of the History of David and Goliah Serm. de temp saith nemo pugnavit in valle Terebinthi donec David veniret ad praelium no man ever fought in the valley of Elaâ— or Terebinth Turpentine trees till David came So no man did ever appear so openly so publickly so solemnly to act the part of so excellent chivalry in the peoples cause against the Goliah's and those that bid defiance to Israel as this our Generall did who is the peoples Champion The cheifest Oath the Athenians ever took was this Pugnabo pro sacris pro patria cum aliis solus I will fight for God and my Country whether I fight with my fellows or alone for it Wholesome meat breeds good blood so a good cause good courage in men this good Cause on the side of our Conqueror carryed him out and brought him off with good Successe and can it now be forgot or abandoned Tu pia tela feres saies the Poet. The Jewes never acquitted themselves so worthily nor fought so faithfully as when they fetched their Armour out of the Temple from the Priests hands nor could our Country men have been such Conquerors â—nder the Lord Generall had not the faithfull godly people of this Nation brought them armour and magazine out of the Temple of the Lord insomuch that they fought with consecrated weapons which were kept in their hands by the faith and prayers of Gods dearest and the Commonwealths faithfullest Servants and shall they now be left in the lurch God forbid when the Israelites went to war they first consulted with God and the Priests gave answer from God by the Ephod though in latter times says Josephus they guessed at the ovent by the glowing or duskishnesse of the Diamonds on the Breast-plate which if they shined bright shew good successe but if they looked dim and failed or changed into a pale Colour it portended ill successe all along these late Wars the precious Diamonds that are on Christs the High Priests Breast-plate did shine the most excellent and discerning Saints in England did confidently foreâ—ell and foreshew the good successe of these wars and they glowed to have Israel go and so they do now as much if not more to have the Army march on and to remember their work on the other side the water and not to rest on this side Jordan as wee said in the first Chapter although the Diamonds doe looke dimly as to some selfe-seeking Gaddites who are alwaies almost aâ— Worcester-house or Drury-house to have their portion allotted them here and to go no further But ah alas is all done is all done at home yet why doe not we follow the victory over the Norman Tyrants Hâ—nnibal said to his Souldiers Qui hostem vicerit mihi erit Cart haginensis so let my Lord General say come sirs we fought and have conquered for the people and upon their account now let us deliver them up their own Laws and Liberties and free them fully from these Norman Intruders and Intrusions and whosoever hath conquered shall carry the tryumph of an Englishman over all these Normans we will noâ— seek nor set up our own private Interests though power be in our hands because we ingaged all along for the Peoples and the publicks and for that end God hath given us power in our hands to deliver them and throw down the Normans As when Titus had taken the City of Jerusalem his Army saluted him Emperor and presented him with Crowns and Garlands by way of congratulations which he modestly refused saying He had done nothing more then lent his hands and help to God and his people who hath declared here by our Conquest his fiâ—rce wrath against this sinful people Thus should his Excellency say I have but lent my help to God and his poor people that were held in unsufferable slavery by the tyranny oppression and injustice robbery and wrongs which William the Conqueror brought upon them from all which we are to deliver them and against all which with all the Norman Lawyers and Oppressors God hath justly declared by our conquest of them in his fierce wrath against them This is the first Reason why the peoples eyes are so on his Excellency being their Conqueror 2. William the Conquerors Army were strangers and outlandish cruel Kites and therefore made all that was the peoples of England their prey without mercy but the case is now altered this Army were our own Countrymen and Fellow-members under the Norman tyranny with us so that the Law of Nature calls upon the Army of our Brethren for our deliverance and recovery from these alienâ—tions We finde this in France Anno 1483 1522 1531 1549 1560. by divers Decrees of Parliament the care they had to recover and wring the power out of the hands of strangers intruders invaders and usurpers So in the Assembly of the Estates at Toures where King Charls the Eighth was in person divers alienations made by Lewis the Eleventh were repealed and annihilated and divers great places of power and trust were taken away from strangers and given to their own Countrymen as from the Heirs of Tancred of Casthel c. So also they did in their last Assembly at Orleans What makes so much opposition now in France against their yong King and the old Queen about Mazarine but that he is an intruder and a stranger How can we then be content to have Usurpers Intruders and Out landish Normans to eat us up and possess our Estates Laws Liberties and all Charlemain sayes Paulus Aemilius lib. 3. did once endeavor to subject the Kingdom of France to German strangâ—rs but the free-born Frenchmen most stoutly withstood it to the face of their King and chose the Prince of Glasconny for their mouth most couragiously to declare against it that they would not suffer it that forrainers should rule over the subâ—ects of France and certainly had Charlemain proceeded in that business it had
Observation The End that humane Laws tend to is mainly to be eyed by all 2. Observ. Good Lawes are ever tending to the Publicke good 3. Obser. Such Laws as swerve from this honest End are dishonest and unjust 4. Obser. Every humane Law imposed upon others is imposed per modum regulae mensurae according to the rule and measure that is consonant and suitable to such as are so ruled and measured and this Forma is to be in proportion ad finem 5. Obs. It is necessary that every positive humane Law be just honest and possible agreeing with the Lawes of God the light of nature the custome of the Country the conditions of the people and the times and seasons wherein we live These things observed will bring forth Laws well Larded enlivened and enabled to suit their end and to serve the publicke But as to the End of them more in specie 1 The safety of the People hence such as are Defenders of good and wholesom Laws are called the Conservators of the people and so Cyrus acknowledged himselfe to be a Conservator of his Countries Laws and Liberties for the safety of the people and oblieged himselfe to oppose any that would offer to infringe them and this he did at his Inauguration notwithstanding Flatterers had tickled the ears of his Son Cambyses that all things were lawfull for him So the Kings of Sparta ingaged to govern according to the Laws which the people had from Lycurgus for their safety Hereupon when it was asked Archidamus the Son of Zeuxidamus who were the Governours of Sparta he answered their Lawes So that to resist or refuse those Lawes which are for the safety of the whole is not to be suffered in any no not in Magistrates but may be mentioned amongst the worst guilt of disobedience and rebellion Seeing t is far worse then it is for the people to appear for such wholesome Lawes against Magistrates for the Laws which are for publick safety and advantage are to be obeyed before Kings or Rulers saies Aristotle de mundo lib. 3. Polit. c. 7. But to this by and by in the interim take these Conclusions 1. Conclusion Those Laws which are dangerous intricate and Insnaring are not to be allowed of but the publick cryes out against them 2. Conclus Humane Laws have their end in common or to all alike in Justice which ought not like a Bowle to run by assed by humor or favor of men but to be impartiall to all alike and then it makes harmony Job compares it to a cloak or robe Job 29 14. not hanging loose or on one shoulder for so it may soon be blown off but it must be girt with a girdle yet with care that the girdle be not over-loaden with the purse for then as you see in Carriers it will lag and bend all to one side But 3 Conclus Humane Lawes are of an unavoidable necessity for the peace and tranquillity of a Commonwealth Necessarium fuit ad pacem virtutem hominum quod leges ponerentur saies Aquinas A good Commonwealth consisting of Hetrogenean parts must be like Peters sheet knit up at the four corners Act. 10. to which end humane Laws must tye up all in one They must speake to all men in one and the same voice Sayes Tully 4 Conclus Civill Precepts or Laws have their vim coactivam compulsive power and faculty 5 Conclus Matters of Fact are the proper object of the Laws cognizance and the Laws take no notice of thoughts nor words neither doe they judge of the intentions but of the actions of men Cassius was once wished by the Caldean Astrologer not to fight with his Enemies whilst the sign was in Scorpio why prethee saies he speak to children for I fear not the signe but the sight meaning such an Army against him of Archers and saies he I fear Sagittarios meaning the Actions and Aimes of his Arch-enemies the Parthians more then Scorpio So should Governors and Judges mind more the actions then the Intentions the facts then the thoughts or words of men 6. Conclus Honest humane Laws are the publicks Shield and the peoples Buckler of defence They are for the security of the poore against the rich oppressors and to guard the poore lambs from the violence of wolvish natures and till that time that the Wolves will lie down quietly with the Lambs Isa. 11. which will be in the fifth Monarchy which we are almost at till then I say there is a necessity of such Laws as will restrain their rage and wolvishnesse They are made of right against the exorbitancie and injustice of Rulers and great ones to keep them within bounds of civility honesty and righteousnesse that the Great might not oppresse nor tyrannize it over the small ones Now will a man lend mony without security so it is on good security we may venture to deale with Great men Now the Laws are our Security so to doe and they save us from their Injuries and teeth which else would tear us In the Strand the other day was a Lyon and a Lamb to be seen together and the Lamb would sit and lye down by the Lyon so long as the man stood by and did not fear So so long as just Laws stand by us we need not fear for they secure us from the fury of others but if the Laws be as many of ours are unjust partiall or corrupt for great mens peculiar Interest more then for publick good or safety as in p. 38. p. 48. then we are in danger indeed There is a Sea that is called Mare mortuum which is as smooth and even at the top as can be but it is very deep and deadly at the bottom So there be many Laws in England yet some of which I have named that are very fair smooth and good in the letter as to common sence but alas they are a little under deep subtle intricate and twisted up with craft and cruelty to take away the lives of faithful Commonwealths-men if once they call for their Right and Liberties and these are not leges mortuae dead it were well if they were so but mortiferae deadly Laws The Dove fears the tyranny of the Hawke and knows not what to do well the Birds advise one wils her to flie aloft O but says she the Hawke hath the largest wings to help and will mount as high Another advises her to keep low then oh saies she it is true that were better of the two but the plaguy Hawke will stoop â—aw too to get his Prey rather then hee'â— loose it Why then saies another keep the Woods O but saies she that is the Hawks Mannor there is no safety for me there Why then saies another keep in the town alas saies the Dove there I am a Prey to every man and must have my eyes put out to make my
enemy the Hawk sport too Well what should the doe then why the best advice was to live in the Coat or hole of the rock under the protection of man the parable is easie and many are like Aesops living creatures who must have Morals tyed to their tayles let this be one then that the most innocent are the greatest sufferers and find the â—â—rst adversaries and such sometimes as there is no escaping from but in Christ the Rock and truly were not the poore under protection of Lawes there would be no living wherefore for shame Sirs let us see to the Lawes of England that they administer us safety from great Tyrants and Oppressors Augustine tels us true enough when he sayes the Lawes are necessary for this reason because they are respected by such as otherwise contemne vertue and honesty for that the Law forces her way thorough them constraines them to obedience and ministers conduct in warfaring and gives life vigor and luster to Justice and Equity The Spartan Pausanias tels us all men even Kings and Princes must come under the Lawes to be directed and Agesilaus a King confesseth that he and all Commanders must yeeld obedience to the Commandements of the Law Now as Cicero sayes Lib. 2. de Offic. When men began to doe unjustly the people to redresse their wrongs done them by great ones and Oppressors appointed and invented Lawes to direct the Magistrates for the publick safety and peace of all men c. So that the Law of Nature reason equity conscience all consent to the Peoples Lawes for their owne publick good and safety for every Creature wil have a shelter as Snailes their Shels Bees their Hives Dogs their Kennels Birds their Nests Foxes their Holes Conies their Burroughs and whither must wee run for shelter without honest and just wholsome Lawes O! honest Country-men we must looke to our safety for many of our Lawes are such rotten refuges and shelters that they wil soon fall upon our heads and leave us naked to the gripes of Oppressors and if we seek not remedy from the Supreame Authority I am sure I shal be sure to say with the Poet ere long to purpose Non expectato vulnus ab hoste tuli but thus far for the first speciall end of the Lawes The second speciall end of the Lawes is the Peoples Freedom to keep the People from slavery for otherwise there would be no moderation between the Lordlinesse of some and slavishnesse of others Thus we shall finde in the Lawes of the Aegyptians and Romans and by the constitutions of the Antonines what notable care was taken for the Peoples liberty insomuch that the poore slaves in those dayes especially the infranchised ones might bring their actions for any apparent injury against the Patrons or Masters Now seeing there is so much difference between slaves and children and notwithstanding the very Heathens would not permit the very slaves to be used cruelly but they might have open recourse to and present remedy from the Law what should we look for then we that are the naturall lawful free-borne children and Sons of this Common-wealth How can we indure to be Slaves and if Heathens would not suffer their slaves to be wrong'd but would presently right them by Law wil then our Christian Governours see us so wrong'd of our liberties as we are and shall we not finde speedier remedy and have freer recourse to just and honest Lawes which aime at our liberties then we have God forbid It is true hitherto and the runner may read it in the Chapter before the free-borne English have been abominably abused and enslaved and could finde no remedy after many yeares attendance on a corrupt Law but we hope this wil be amended and the Lawes intended as they ought to be for the safety and freedom of the people that Princes may be manacled and their rages curbed that private ones may be guarded and their rights restored by righteous Lawes not measured by the interest or power of great persons but wel and evenly weighed in the ballance of freedome It is true most Common-wealths are as yet in a middle posture as having their Lawes partly for Great ones interest and partly for the Peoples liberty but alas the Great ones have the greatest influence and the poore peoples liberties lye as lost and as loath to speake for themselves for feare of a foule check if not of a break-neck but in due time we doe hope for deliverance and in the meane time doe groan for our liberties yet let us observe 1 Obs. So far as Lawes are just and allowable they advance the peoples interest and freedomes 2 Obs. Such Lawes looke first and principally upon the peoples or publick good 3 Ob. Honest Laws make legible to the people their positive and 〈◊〉 〈◊〉 4. Obs. True Laws for the peoples Freedom have their Rise from the People and Rule by clear Reason Till which the people are slaves to others and it is no marvell then if our Laws as they now are are out of tune and make no good musick in the end but that instead of Freedome they end in Bondage But the Nightingales will not long live incaged whilst your common hedge-Sparrows can indure it very well When Cyrus was young Sacas was appointed by his Grand father to be his Law-giver in Diet Recreations c. but when Cyrus grew elder into tiper years he became his owne Law-giver and a Sacas to himselfe so surely we are old enough now to be our owne Sacas's which wil be our happy time Like as a man that hath been long in prison so soon as he gets out oh how he leapâ—s and dances so as no ground wil hold him such a time of deliverance is coming to Englishmen But thus far for the End of the Law Use. Then wee are not too old to learne that the end of the Lawes is the honor of them and of the Nation And no greater dishonour can redound to this Commonwealth then yet to have such Laws and Lawyers as are neither for the profit safety nor freedome of the people How how many hundreds yea thousands in England that can and some doe positively assert it to reflect with the greatest reproach upon us that can be viz. the corruption of Laws Lawyers Judges c. as in the Chapter before which to the shame of this Nation is noised and noted beyond the Seas the particulars I forbear as yet Secondly The next thing is the Object of the Law which I shall be short in Now the Object is not the materia ex qua but circa quam the matter out of which the Law is made but about which the Law is conversant and takes most speciall cognizance that is wicked men in their wicked actions whom the Law is to curb and restraine which takes in also the formall reason of the Law with reference to the End that we
handled before i. e. for the publick good freedome and safety it a habet rationem finis c. The Apostle therefore in 1 Tim. 1. 9. sayes We know the Law is not made for a righteous man but for the lawlesse and disobedient for ungodly and for sinners for unholy and prophane for murderers c. and whoremongers for men-stealers and liars and perjured persons c. that is for their punishment to the muzzling of the mad world and of wolvish natures that would tear a peeces the innocent and destroy the Lambs of equity truth and honesty Such as these are the proper object of the Laws punishment and none ought to escape that is an oppressor of the poore and innocent though he be an Emperor or King Trajan knew this well enough when in delivering the Sword to the great Provost of the Empire he said to him Sir if I command as I should use this sword for me but if I doe not but oppresse the people then use and draw it against me So that the greatest of the Nation are as properly the object of the Law and of the word of justice for their evill doings as the poorest Thus Zenophon lib. 8. Paed. mentions Cyrus's solemne Stipulation and Confederation with the Persians They say O Cyrus In the first place thou shalt promise to the people that if any make war against the Persians at home or abroad or seeke to infringe or intrench upon the Liberties and Laws of the Persians that thou wilt to the utmost of thy power defend and protect this People with their Liberties and as a faithfull Guardian execute their Laws upon all offenders and evill-doers To which Cyrus faithfully and solemnly engages And then they say so we Persians do faithfully promise to be aiding assisting to keep all men without respect of persons in obedience to thee according to our Laws and Liberties which thou art to defend for the Persians All this shewes that those Laws of theirs were without respect to persons evenly dispensed to all alike making wicked men in their evill actions their object whether great or poor Use. What have we to say then for those Lawes and Lawyers in England which make honest faithfull innocent men the most object of their torment and punishment in Rev. 9. 4. the Locusts were commanded to torment and hurt none but them that had not the seale of God on their fore-heads and yet contrary to their Commission they must be medling with the green things O see how sadly this is lamented and threatned in Mic. 3. 2. Is it not for you to know judgement who hate the good and love the evill who pluck off their skin from off them and their flesh from off their bones c. O Tyranny is it not so now with the Lawyers are not the good the object of their craft and cruelty do they not torment the innocent ones most tear away their estates and torment them with injustice and oppression and who can be worse Tyrants or viler Malefactors then they that insnare the honest afflict the innocent pillage the people lay traps for their â—â—ves liberties and estates scoffe at oathes and mock at our â—â—iseries Insomuch that when the poor and oppressed come to the Law for right the Law is so handled and handed out by them that it proves their greatest wrong and grievance Oh! is this to be suffered Did the Law look aright the Lawyers would be the object of her punishment to purpose for Rom. 13. Justice is unicuique reddere suum for which end is the Law to be a directive line and Lawyers should make it a terror to evill doers and not to honest men in this there is need of a thorough Reformation both of Laws and Lawyers Thirdly The Foundation of the Law is that upon which all other Laws are built as Super-structures in their severall Stories and Loâ—ts This I account the eternal Law which is as August 〈◊〉 1. de lib. arbit cals it the Supream Reason that every Law must be brought unto and regulated by Lex aeterna nihil aliud est quam ratio divinae sapientiae secundum quod est directiva â—â—â—ium actuum motionum Hence the Stoicks and Heathens would have all their Lawes they say born ex cerebro Jovis of their Gods braine And the Schoolmen must acknowledge that all humane Laws have their Foundation here and fetch their vertue radicaliter remotè from this Eternall Law So Tully that eminent Patriot tels us the linage of all other Laws Hanc video sapientisâ—imorum fuisse sententiam legem neque hominum ingeâ—iâ—s excogitatam neque scitum aliquod esse populorum sed aeterâ—um quiddam quod universum mundum regeret imperandi proâ—ibendique sapientiâ Ita principem illam Legem ultimam â—enteâ—â— dicebant omnia ratione cogentis aut vetantis Dei It has been the judgement of the wisest men all along that an honest just Law was not a spark struck out of humane Intellectuals at first nor blown up nor kindled by popular puffe or â—â—eath but from an eternall light and wisdome shining ruling and irradiating the whole Universe and clearing up what wayes were allowable and what forbidden by God So that the mind of 〈◊〉 himselfe makes the Centre of all honest Laws from whence they are taken and to which they return Plutarch that florid Moralist as one cals him gives us the like account and resolves aâ— Lawes and Justice into that primitive eternall Law even Gods own wisdome For thus in his language saies he Justice does not onely sit like a Queen commanding at the right hand of Jupiter when he sits on his Throne but she is alwaies in his bosom and one with himselfe and he saies that God is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Neither does Plato come much behind him in his acknowledgement of a Law which he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods golden Scepter to rule men Now this Law is say others Aeterna quaedam ratio practica totius dispositionis Gubernationis universi The eternall ordinance of God lying in his own wisdome and Councell for the regulating and governing the whole world minding the publick welfare of all being Now every one of our Lawes should be a beame of this and of no other fountain nor foundation seeing as acute Suarez cals every Law jus in communi constitutum c. a constitution to common good according to the command and Law of God So that this Eternall Law is the onely immutable and necessary fundamental Law and whilst men make meere notions fundamental Lawes and cry up such customes as are of eldest date for their fundamentals they make Idols of their formes and oberre from the real unalterable Fundamentall Law for the most part For that Law is the Fundamentall Law that is first laid for all other Lawes to be fetched and derived from and this is none but this
Eternal Law as appears Prov. 8. 15. By me saies the Wisdom of God Kings reign and Princes decree Justice or make Laws And Augustine tels us plainly in lib. 1. de lib. arbit c. 5. c. tom 1. That no humane Laws are to be allowed of as honest just and lawfull unlesse they be fetched from this Eternall law of God and good reason for it too for as in all motions in omnibus moventibus virtus secundi moventis derivatur a virtute moventis primi the second fetches force and vertue from the first so in omnibus gubernantibus c. in all Governors the subordinate hath Commission from the Supream and the inferior from the superior So a Subject-Magistrates commands are according to the commands of his King or Supreame Governour who hath given him Commission And thus are all humane Laws according to and derived and Commissionated from this Eternall Law of God or else they are not good and for as much as they doe partake of right and Orthodox Reason they are thus derived ab eterna lege so such Laws as are against Reason are iniquity and not fetched from this eternall Fundamentall Law Let us note then 1. Rule This eternall Law is the only absolute unchangeable Fundamentall of all humane Laws 2. Rule Of all others this Fundamentall must be knowne Now a thing is said to be known either in seipso as it is in it self and so God and Saints are said to know this eternall Law or else in suo effectu as one that knowes not the Sun in his own substance knows it in suâ irradiatione in his irradiation and opperation So we are said to know this Fundamentall Law by its irradiation of Reason in us more or lesse so that by its effects â—nd our participation of Divine Reason we know it 3. Rule Meer humane Reason secundum se is not the standing Rule of things but according to its participation of divine 4. Rule Meer Humane Reason doth not partake ad plenum dictamen to the full of divine Reason but only reaches to a measure in every age so that as it increases and grows more divine so must humane Laws 5. Rule Humane Laws are not infallible demonstrations or conclusions 6. Rule The more agreeable the Laws are to this Eternall Law the more unalterable they are and the more they partake of this Fundamentall Law the more absolute they are and to â—e obeyed and the more proper excellent and profitable are the acts and ends of such Laws Use. What remains But the day of reckoning and reforming the Laws and Lawyers of this Commonwealth seeing they for the most of them faile in the End Object and Foundation All are not Fundamentall Laws that are so called neither is the notion of a Fundamentall Law such an Idoll as men make it as if a noli me tangere were writ upon it because it hath been of long continuance and therefore must not bee altered but without such respect or fear of such a Scare-crew have the Conquerors all along altered even those they called Fundamentall Laws that stood not with their Interests or Intents and they have abrogated them without any judiciall processe against them and so did William the Norman without the least respect to the peoples Rights or Liberties And what shall Oliver the Peoples Conqueror do nothing doth the fearful word of the Fundamentall Laws of England i. e. of the Normans in England which have robbed and cheated us of our Rights and Freedomes doe these their Lawes strike more terror being secret enemies then a whole Army in the field of open enemies have we none to plead none to intercede as the Prophet sayes for us seeing for so many years the Norman Lawes of England have been such pure Servants to corrupt Interests as none else as I know of have enjoyed the honour of Fundamentall O fie for shame let us looke about us and see We have lost our Fundamentall Laws by William the Conqueror and other upstart irrational selfish unworthy Laws have usurped the title and honor from the people and shal they not be altered and others be set up upon the Eternal law of God agreeing more with divine Law in their stead for the liberties peace profit safety and Freedome of the people and that will not torment honest men as hitherto Laws have as the object of their tyranny It is this that we call for and nothing else and we will never cease day nor night nor give rest to God or Men till it be granted us for the good of the godly of this Nation Those Laws are most honorable and fundamental though they be but of a dayes standing that agree best with Gods Laws But O our misery how many Statutes Acts and Judgements are there which have subjected the bodies of men and women to arrests and imprisonments yea and sometimes to death diametrically contrary to the Law of God Reason and Charity yea to Magna Charta it selfe such as were named before in the Chap. 3. and yet I might adde many more as that of Habeas corpus whereby any Freeman of England may suffer imprisonment before his cause is heard or judged by the Law which imprisoning is the utmost punishment the Law can inflict upon Trespassors and Debtors This Writ is a wrong to the Liberties of the people and delivers many times upon malice honest men into the hands of devilish minded men yea of Foxes Walves Bears and Tygers I mean wicked Lawyers Bailiffs Serjeants and Goalors to raven upon their Bodies and Estates with unsatiable and monstrous cruelty whilst their poor Wives and Children want bread to eate O unsufferable Tyranny and such is the starving men in Prison and murthering them upon malice So the imprisoning upon debt and keeping their bodies in iron cages whilst by their liberty and industry in their callings they might by degrees make money to pay their debts off which would be to the honor and inriching of the Nation I might also mention the hanging men for meere Theft and other Laws beside which are cruell absurd and opposite to the Laws of God Against whose Lawes no Laws are or ought to be Fundamentall Wherefore away with that Bug-bear word of Fundamentall Laws and let us look to the Eternall Law of God as the only Fundamentall that must stand when all is done which does formaliter obligare as the Rule of Rationals Wherefore my word to the Supreame Authority of this Nation in Parliament is 1. As they are the Supream in Rule so they ought to be Supreame in Reason Now Supream Reason is divine or the wisdome from above which is not cruell bloody litigious oppressing c. But saies the Apostle James 3. 17. It is pure peaceable gentle easie to be intreated full of mercy and good fruits without partiality and without hypocrisie This ratio divina is ratio Gubernativa Of all men it is they
that must have the Reason of the Law Now these Lawes which they have not a right Reason for and such a Reason as is derived ab aeterna lege must not stand None must abide but such as agree with the Law of God as the Fundamentall of them Wherefore seeing they sit not for themselves but for the people I pray God they may hear the loud cries and complaints of the poore oppressed people under the tyranny of such Laws and Lawyers as are now in being to the robbing and ruining of our Rights and Freedoms Oh! we fear least what victories are continued us according to our faith and incessant prayer should produce in some a desire to take up the Dutch Titles of High and Mighty and to seek more to be adored for a Supremacy in Government then a Supremacy in God or Grace oh God forbid least the Cannon mouth be turned upon us Only this we say that we see these tryumphs by Land and Sea make some monstrous high and too high to take notice of the Petitions of the poore and oppressed fatherlesse and widows who are begging and weeping and praying and Petitioning and to no purpose to men when they complain and sigh and sob before God who have some of them more right to and have made more faithfull prayers for these mercies and victories then some of them who usurpe and assume the whole benefit of them ratling about in their Coaches and blazing it abroad in their gold and silver and yet oppresse or afflict and reject the prayers and tears of such as have most right it may be in Gods account to what they enjoy But our prayers are to our God that he will keep our Parliament humble and to make them wise for the Fifth Monarchy mentioned in the next Chapter and in the mean time the supreame Rationalists for the good safety and freedom of England whose eyes are full fixed upon them for deliverance out of this Norman tyranny and Tyrants according to the Eternall Law of God which is ratio divinae sapientiae moventis omnia ad debitum finem directive in all actions and Laws that tend to the publick good Secondly As they are Legislators too our eyes are upon them in the earnest expectation of greater matters in restoring us to our Right and lost Liberties then hath been hitherto Lex sayes Isidorus est constitutio populi secundum quam majores natu simul cum plebibus aliquid sanxerunt and it is not the ratio cujuslibet that condere potest legem but of such Governors as represent the people whose rights and freedomes they sit for our prayers herein are that they be rightly principled and spirited to make the Laws which we must live under in these dayes as to the people of this Nation Wherefore 1. The Intents and Wills of the Lawyers must be bent upon the publick good in all their Laws and Statutes therefore the honest people are all purposed to waite with patience upon this Parliament or Legislative Power for the pulling downe those Laws which are against the publick good and for setting up of others in their room Because hitherto the Brambles have made Laws for the trees and have scratched and tore them and then wrote Laws in their blood Carneades was wont to say utilitas justi propè mater aequi which in an honest sence is sufferable Our Lawgivers should send out Lawes with olive branches in their mouths which should drop sweetnesse and fatnesse to the Nation Look how the Sun is said to shoot out with healings in his wings and so should our Law givers It is not for the Parliament to be the supreame Power of the Nation in the next Monarchy but they may then bee content to be subservient wherefore in the mean time let them like honest men and good Christians execute justice with mercy as well as mercy with justice For a Plutarch can tell us that God is angry with a too hot and hasty spirit in Legislators 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he wil not have them meddle with his Scepter his Thunderbolt and his trident i. e. he does not love they should Lord it over their Brethren as if they were the supreame Power and had his absolute dominion or Soveraignty he would not have them too violent or domineering but rather darting out such warme amiable and winning and cherishing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beams of Justice goodnesse and clemency so as might inlarge all the hearts of Gods people to praise him Our Laws should therefore like so many fresh pleasant green pastures in which these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Our Parliament are to lead their flocks to feed sweetly and securely by those refreshing and gliding streames of Justice that run down like waters as is promised But O when when Well but if all Laws be for the peoples good a Broom will soon be found to sweep down these Cob-webs or Laws that are so full of venome and subtle workings against the faithfull ones for the peoples interest and this will sweep down many an Achitophelian and Machivillian and Devillian web which hangs yet in Westminster and so also many a Hamans and Herods web which intangle honest hearts so as to take away their lives and catch them in snares for many of the Laws are not for the publick good being by Kings and Courtiers to keep up their own Interests and like Domitians Play-fellows to make royall sport and pastime in catching the poor Flyes for so they accounted the people of this Commonwealth and insulting over their torments with Tyranny But let these vile Lawes avaunt and let us not have reeds to peirce us through but staves for the weary and afflicted to leane upon Let our Lawes be cords of love and not snares and nets to trap our Brethren with and to hunt them as the Prophet sayes in Micah 7. 2. so Jerem. 5. 26. They set snares to catch men Therefore our God give this Supreame power here the supreame priviledge of Reason as to fetch their Lawes from the eternal and only true fundamental viz. the Law of God for those Lawes are most radical and fundamental that come nearest to the Law of God and are participations of that eternal Law which is the spring and original of all other honest inferiour and derivative Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Plato sayes and there is no such publique benefit as that which comes by such Lawes for they they are that tend to the conservation of the vitals and essentials of a Common-wealth in the which all have an alike and equal interest and priviledge Secondly Justice is the next aime of the Legislative power on purpose to keep up the publick good Thus the great Jehovah and Almighty Legislator hath let us see his method in the Decalogue and set our Law-givers an example for in the first Table the intention of the Law-giver is to ordaine for
godly people have their rights of a free choise of another Representative in their stead that will doe better and more righteous things for the People and this priviledge the people may freely seeke by peaceable means to enjoy and challenge as their right If these in this Representative should wrong or yet rob us of our Rights and Priviledges or act against the publicke good Seeing the People have the right and originall power as was declared in the last Parliaments Declaration after the cutting off of the King for his tyranny of chusing their own Rulers Thus the States or Princes of the people met at Mispah to chuse Saul 1 Sam. 20. 18. so 1 Sam. 11. 14. which was confirmed to him by the people at Jabesh-Gilead so was David first in Hebron and after in Judah by the generall suffrage of the people In this sence saies Hushai to Absolom 2 Sam. 16. 18. Nay but whom the Lord and this people and all the men of Israel shall chuse his will I be and with him will I abide Yea we read how the Heathen people had learned this lesson by the light of nature to chuse their own Governors Thus Cicero saies 1. de offic that Deioces from a Judge of private controversies was for his uprightnesse chosen by the whole people of the Medes for their Supream Governor and Livy tels us the like how their Governors and Senators were chosen by the people and upon their defaults how they set up others and put them out Hence Tarquinus Superbus was esteemed a Tyrant being neither chosen by the people nor the Senate but intruding And thus wee might goe on to show the people had ever the right of chusing their own Governors therefore they have the priviledge orderly to declare against their male-administrations and to use all means that may be to remove them that are retrograde to the publicke good that others may succeed who are more sensible of our bondage and tyranny And this I say that the people have a defensive force of armes to preserve their Rights and Liberties with from those tyrannies and oppressions of their Rulers as would wrong them of them and wring them from them yea moreover if it be by consent of the publick and not upon discontent of a few private hot-brain'd spirits the people generally concurring may decline obedience to those Governors that have or hold them in slavery under Laws against the publick good whether as in relation to liberty of Conscience or liberty of the Subject with reference to Gods Laws or the Peoples Thus Libna withdrew obedience from Jehoram King of Judah 1 Chron. 6. 17. 2 Chron. 21. 10. for abandoning the Laws of God and the People So when Antiochus by his tyrannicall Laws required the Jews to imbrace his Religion and thereby robbed them of all the Laws of God and their own Laws We finde Mattathias resolute to resist and he saies to the King We will not obey nor will we doe any thing contrary to our Religion But he took up armes got into the mountains gathered Troops and waged war against Antiochus for Religion and Laws and Liberties of the people the Jewes Yea we shall find Debora raise under the conduct of Barac an Army for the Laws and Liberties of Israel yea when many of the Tribes thought not of Liberty as Reuben Dan Asher Benjamin and Ephraim and were against it too and adhered to the Tyrant and tyrannies of Jabin by a few out of Zâ—bulon Nepthalie and Issachar they overthrew Sisera and restored the people to their just Rights and Priviledges Now these are so far from being Adversaries to the Publick that have a publick call thus to do that they are her faithfull Friends and Servants that seek to defend her Rights and Liberties though it be a disobedience to usurping or tyrannicall powers but be sure they have a clear call upon the publick account before they appear so then let them be on the defensive side too as for their own Fourthly Let our Countrymen know that this conquest hath been altogether upon the peoples account i. e. for their just Rights Laws and Liberties now is it not fit for them to demand their own will they loose their own for want of humble asking or honest acting The children of Sophocles would have impeached and impleaded their Father for an old Dotard but Sophocles brings forth a book of his own writing which was ful of Ingenuity Art and Reason and bids his Judges see by that whether he were a Dotard or no So let other Nations see by something or other that we are past children and fools to loose our Liberties and Rights any longer therefore for Christs sake and the Countries let us use all honest and lawfull means to take possession of our owne and pull them out of the hands of the Norman Tyrants and Intruders Where be the faithfull Commonwealths-men that call for their Liberties and Laws as was before William the Conqueror are any of them left alive The Host of Nola in the story being commanded by the Roman Censor to goe and call the good men of the City to appear before him went to the Church-yard and there called at the Graves of the dead Ho! O yee good men of Nola come away the Censor calls for your appearance for I know not where any good men are left alive I think we may go so to the graves of some faithfull Commonwealths-men and say O hasten out of your graves for we know not where to finde such faithfull ones for the Peoples Liberties left alive for where are they that will stand up for their Rights would we but joyn more magnanimously in a general issue herein some particular faithful ones would not be so much sufferers under the tyranny and cruelty of the Normans as they are whiles we sit still and say nothing O sad will not after ages blush at our folly doe we not say it is pitty but the prisoner should stay there and lye by it seeing he will not goe free when he may when his Irons are off and doors are open on purpose although it is true after a man hath his Reprive the dogged Keeper will make him wait and beg too long enough ere he sets him at liberty and lets his feet out of the Iron bolts and this I fear is our case too much but then le ts complain to the Supream Power of Heaven and sue them before him for our false imprisonments and bondage if they doe not deliver us and give us our Liberties upon our concurrent desires so to do Wherefore pluck up courage Countrymen and let us be no longer cheated with Lawyers or Oppressors Lastly Consider the daies entring in the fifth Chapter which will put a full period to all their Tyrannies and Usurpations CHAP. V. Of the FIFTH MONARCHY when and how and why with the alteration of all the LAWS and OFFICERS of the
FOURTH MONARCHY Improved with use to the PARLIAMENT and the PEOPLE THe consideration of the Fifth Monarchy now entering is very pregnant to our purpose For all the Laws and Ordinances Civill and Ecclesiastick of the Fourth Monarchy must tumble at the entrance of the fifth That there is such a Kingdom to come is obvious to all intelligent men by abundance of Scriptures as Dan. 2. 35 36 37. and 7. 17 23. 25. Rev. 11. 15. Isa. 9 6 7. Psal. 2. 5 6. Psal. 72. 8 9 11. Luk. 1. 32. 39. Rev. 17. 14. and 16. 11. 19. Jer. 15. 25 26. cum multis aliis and it is for this fifth Monarchy which must remaine for ever Isa. 9. 7. Dan. 2. 44. Luk. 1. 33. Psa. 72. 8. and 47. 2. Mic. 4. 7. Zach. 9. 10 c that all other Kings and Kingdoms Powers and Policies Laws and Lawyers in the fourth Monarchy must be shaken and broken into fitters and shivers like potsheards That there is such a mighty Monarchy a coming which must be universall all over the World is without doubt but to our matter we must examine First When it enters Secondly How it enters Thirdly Why it enters to the ruin of the other First As to the Time though men be of divers minds as to the precise time yet all concur in the nighnesse and swiftnesse of its coming upon us The graduall entrance of it as to us being just by although the universall discovery of it all over the world is like to be about forty years hence as appears in Chap. 3. of my Tabernacle for the Sun or Idea of Church Discipline But to clear the time as to us see Dan. 7. 17 22 23 26 c. The Prophet tels us there expresly of the foure Monarchies now the fourth Kingdome as he cals it ver 23. or earthly Monarchy he distinguishes from the three foregoing for its tyranny and extent ver 7. agreeing with Rev. 13. 2. c. and tels us that it had ten horns that is ten Kings Rev. 17. 12. which are enumerated by Mr. Cam in his voice from the Temple p. 12. but after this that Daniel had seen the ten hornes in the head of this fourth Beast or Monarchy ver 8. hee looked well and then saw what see v. 8. and behold there came up among them another little Horne before whom there were three of the first hornes pluckt up by the roots Pray note it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I considered saies he with great attention and serious intention i. e. to something very observable in this Vision and that is to the rise of this little horne that ravenously got up in the room of three hornes Some there be that interpret this of the Pope others of the Turke others of Julius Caesar so Calvin others of Antichrist So my friend Mr. Canne others to Antiochus Epiphanes so Polanus But I must differ from them all for that the Prophecy agrees with none of them all fully but though I may seem singular yet with much assurance and clear sight I assert it that William the Conqueror was this little horn and so all along the Line of William and the Norman Kings on our English Throne And that for these Reasons 1. This Little horne was unseen and none a while even after the ten horns were seen for he arose after them all and was at his first rising seen besides them and another vers 8. 20. which the Prophet makes observeable seeing hee saw him not before at his first rise he was the least and the last this was K. William the Norman who arose by usurpation over the other horns on the head and so his Line therefore 2. He rose up or thrust in among the rest i. e. as Will the Conqueror did by force and armes not by choyse and election not naturally with the rest of the horns by the suffrage of the people 3 He was as is in Dan. 11. 21. a vile person or base borne as we have it in p. 37. of the English Chronicles Robert Duke of Normandy the sixt in descent from Rollo riding through Fallis a Town in Normandy he spied certain Damsels dancing near the way among whom he fixed his eye upon one Arlote a fair Maid but of mean Parentage a Skinners Daughter whom he procured that night to be brought unto him of whom he begat a Son who afterward was named William c. So that this Will the Conqueror was the base Son of Robert the sixt Duke of that Dutchy This is the vile person who rose up so by usurpation of power whence all the Norman Kings that sat since upon the English Throne came 4 After the League made with him he shall work deceitfully c. Chap. 11. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or with fraudes and arts did not Will. the Conqueror thus See but the third Chapter how oft he broke his Oaths and Promises and contrary to all set up the Norman Interest and pulled down the peoples with the losse of all their Laws and Liberties to this day 5 This Little horne was to wax great and famous in time and to subdue three Kingdomes and get up the roome of three Hornes or Kings ver 8. 20. 24. as one more stout then all his other fellowes This was fulfilled by William the Conquerour and that Norman race in England and by none else this Line of William by degrees got up all the roome of three Kings in England Ireland and Scotland and took up those three hornes himselfe who was so little at first as a poor Skinners Girles Bastard In whom could this be fulfilled else not in Pope nor Turke nor Antichrist nor Caesar nor Antiochus but only in this English Horne usurping the place of the other three and plucking them up by the roots 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6 This little Horne shall speake great words against God ver 25. and as Chap. 11. shall doe according to his owne will ver 36. and exalt himselfe and magnifie himselfe above God and prosper untill the indignation be accomplished After Will. the Conqueror and his Race had made themselves great and gotten up all the Brittains wealth and riches their fattest fields and Meddows c. as Chap. 11. Ver. 24. he grew great in pride and Tyranny and Arbitrary power according to the lust of his heart as the Hebrew hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and this got up into such a height at last in the late Charles that he not only opposed God but refused to be accountable pretending no Mortals must question him and thus he magnified himselfe usque ad consummationem irae till his head was off which indignation was to begin with him first for his height of Arbitrary Will Lust and Tyranny in which as Chap. 7. 20. he was more stout then all his fellowes wherefore this horn must needs be the English by Will. the Conqueror 7 This little horne
that speaketh these great words against the most high shall afflict and perplex the Saints of the most high chap. 7. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and think with himselfe how to change the times and Laws and that this takes in the Laws of the people especially appears by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dath which is not interpreted Legem Dei vel Evangelium the Lawes of God but the institutions Statutes and Lawes of men Now who did ever so palpably rob and wrong the People of their owne rights and liberties as William the Norman and his Successors all along taking away their Lawes and setting up his owne for his owne ends and ever studying how to guard their own Interest and Prerogative with tyrannicall Laws to the oppressing of the people and the publick 8 This little horn was to be a hot fiery fierce persecutor of the Saints Dan. 7. 21 22 25 26. till the Judgement should sit and so was William and all his Line of Norman Kings to Charls Stuart ever persecuting and afflicting Gods Servants under the notion of Hereticks Brownists Puritans Roundheads Anabaptists and the like till the last Tyrant ran out into armes openly and continued it untill the Judgemen-Seate was set 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was Anno one thousand six hundred forty eight in that High Court of Justice erected for the Kings Triall the Ancient of dayes came and gave Judgement first against this little Horne of the Norman Kings and that was according to the Prophecie ver 9 10 11. who wil see Master Canns first voyce from the Temple p. 14. may be more satisfied as to this 9 This little Horne was to be by that Judgement Court or Throne erected so cut off as never to be more see Ver. 26. This judgement shall sit and shall take away his Dominion to consume and to destroy it unto the end ah dreadfull Tragedy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was acted accordingly and enacted against all Kingly Power in England never more to arise in these three nations 10 After this Horn thus judged the worke is to goe on and the Thrones of Justice or Day of Judgement will reach France Spaine Denmarke Poland c. with all the rest of the ten Hornes but they have some respite after the little Horne is cut off and therefore chap. 7. ver 12. As concerning the rest of the Beasts their lives were prolonged for a season and time the Hebraism is ad tempus tempus which is very remarkable and excellent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the rest of the Kings their Lives are kept for a fit season i. e. Gods owne time of visiting them which certainly is upon the wing 11 Then enters the fifth Monarchy as is ver 14. There was given to him dominion glory and a Kingdome that all People Languages Nations should serve him c. So in verse 27. And the Kingdome and Dominion and the greatnesse of the Kingdome under the whole Heaven shall be given to the people of the Sainst of the most high whose Kingdome is an everlasting Kingdome and all Dominions shall serve and obey him Hitherto is the end of the matter This hastens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 within this seaven yeares by one thousand six hundred and sixty the worke wil get as farre as Rome and by one thousand six hundred sixty six this Monarchy must be visible in all the earth but in the meane time it must have a gradual entrance as to us very suddenly as appeares in Daniels Prophecy after the fall of the little Horne or the Norman line in the fatall stroke given to Charles Stuart one thousand six hundred forty eight and this wil be to the ruine of those Lawes and Lawyers which as yet stand to oppresse the people O terrible DOOMES-DAY to them at the entrance of this fifth Monarchy And then 12. Lastly This fifth Monarchy must be the last Monarchy on earth ver 14. 27. His dominion is an everlasting dominion that shall not passe away and his Kingdome that shall not be destroyed So ver 27. whose kingdome is an everlasting kingdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hence it is that there must be SHAKINGS of all Nations until the DESIRE of all Nations come Hag. 2. 6. and till that Kingdome come which wil never be shaken and then Christ shal have the only Supreame Power the summam potestatem in the Nations Hebr. 12. 27 28. Now the time being just by us for the fifth Monarchy and for the breaking all to fitters of the fourth let the PRIESTS and LAWYERS looke about them the ALARUM is given them already Throw her downe come against her from the utmost borders destroy her utterly let nothing of her be left Jer. 50. 26. God wil execute the judgement that is written Psal. 149. 8 9. For now hath the Angel poured out the fifth vial upon the seate of the Beast here in England Revel 16. 10. So that such men must needs gâ—aw their tongues for paine but very shortly shall the river Euphrates be dried up for the time drawes nigh Secondly How this FIFTH MONARCHY must enter in a word to that 1. Gradually the Stone cut without hands grows by degrees greater and greater till it fill the whole earth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dan. 2. The stone is this fifth Monarchy cut out without mens hands which must breake a peeces all the other Monarchies never more to rise The fourth Monarchy is breaking up apace and wil suddenly tumble and kick his heeles in the aire 2 Mysteriously Being cut without hands it comes in and men know not how whilst men act and intend their own designs in comes Christ with his Kingdom Was it not mysterious to our States in the late tryall of King Charls did they think to fulfill the Prophecies and Scriptures thereby no surely for they intended to fulfil their own wils the wil of the people in taking away tyranny and Tyrants but God intended thereby a fulfilling his will so long fore-told of this little horne Thus how mysterious was the war with Scotland and now with Holland and O how wonderfully mysterious will the following Wars be and especially the Catastropâ—e of the Tragedy upon the other Horns I know most men are in darknesse as to the great change the Fifth Monarchy will make amongst us yea and in all Europe seeing already they are netled at the verge of it or the very appearance of Tith-tumbling and Lawyers-downfall But it must be so Rev. 16. 10. When the vial is poured out upon the seaâ— of the Beâ—st his Kingdom is full of darknesse c. Yea grosse darknesse shall cover the earth when this glory is rising Psa. 60. 1 2. it must be mysterious being not by might but by my Spirit saith the Lord Zach. 4. But besides this the manner of this Fifth Monarchies enterance will be suddenly too as Lightning Matth. 24.
Then shall new Preachers be sent to thee that shall not only rebuke the People but also thunder against the Priests and put to silence the lofty and swelling Masters and they shall so bruise the forehead of that lewd Whore that it shall be reputed Righteousnesse to them that rebuke thee Finally saies he chap. 30. the LORD shall not make an end till New things doe arise and that there come a Generation bringing forth good fruit and a full Reformation be Then Qui in tenebris ambularunt ad lucem redibunt quae erant divisa dispersa consolidabuntur c. Besides him we have anothers Judgment in a Prediction of long standing and that is one Cataldus Finius once Minister of Trent When Rome saies he begins to hear the loâ—d bellowing of the fat Cow I know not who that is unlesse the English Nation as seems by what followes Woe woe then be to thee O Flanders full of blood and Zealand and Holland full of treacheries as if this were the way of the war to Rome Alas alas weep thou unhappy Babylon thou damned pit of Priests for the dayes of affliction are come upon thee and like unripe corne thou shalt suffer a threshing for thine iniquities Many shall come against thee yea from the foure corners of the Earth the Holy ones of God shall bee gathered together against thee Over and above all these one Baptista Nazarus hath translated a prophecy out of Hebrew how in the sixth thousand years which is now shall begin great wars to vex Nations and they shall come into Spaine France and Germany and put the Romans to the edge of the sword and that the English shall combine with others and the Venetians shall enter into a holy league with the English I conceive that to be meant a league upon theaccount of Christ against Antichrist c. and they shal go on conquering and have the chief hand in vanquishing the Turks So that it seems long since it was foresâ—en what God would do in and by this Nation and how fast from them the Fifth Monarchy should goe on and grow up to the ruine of the fourth Monarchy in all Nations which appears to strike terrible strokes at the Ecclesiasticall and Civill Interest of Babylon I could heap up many more Prophesies and Predictions of this nature But I shall end them in one more of the Sibyls lib. 3. p. 268. 269. which saies that in the last daies after grievous and intestine wars shall be set up instead of the cruell Lawes and wils of men the most venerable Decrees Laws and Ordinances of the Lord and then shall the beloved People of God flourish again So that it seems the Sibyls fore-saw how sadly the poor people would be oppressed and enslaved by cursed and cruel Laws and Lusts of men all along the fourth Monarchy and what redemption herein the fifth Monarchy would bring them for as in Psal. 72. 3. 7. Christ the King shall reigne in those dayes and then the Mountains Kings Princes Parliaments Generals and the Hils viz. Judges Justices c. shall bring peace to the people by justice and thorough righteousnesse and then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in those daies the righteous shall flourish and abundance of peace shall be so long as the Moon endures and Christ shall reign from Sea to Sea i. e. by degrees at first till it come to the ends of the Earth but thus for the first Reason Secondly This fifth Monarchy must enter a pace for that Christ hath of right the Supream Authority of the Nations therefore Dan. 7. 27. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the Kingdome i. e. the fifth Monarchy and the summa potestas Regni the Supreame authority of the Nation is his or the absolute Soveraignty is given him the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Heaven and in Earth Wherefore woe be to those Usurpers that trade and triumph with the title due to Christ alone who is now coming for his own No wonder Holland hath so hard a tug now to keep the title of I was going to say Almighty but High and Mighty which Christ has a Commission to take from them with a powder Doe but observe de Wits Letter to them dated 11 alias 1. Aug. 1653. lying before the Texel who ends it thus Which is the account sent to your High and Mighty and Noble Great and Mightinesses So ending I remaine Your High and Mighty and Noble and Great and Mightinesses faithfull Servant Cornelius de Withe Witte And he deserves the Withe for flattering men so This must not be endured ere long and it were well for us if we took not that Title which Christ alone must and will have ere long to himselfe as his by right Besides Christ alone must be the Law-giver and have the Legislative Power in this Monarchy Isa. 33. 22. Jekovah is our Law-giver So Gen. 49. 10. Shiloh should be their Lawgiver so Psa. 60. 7. Judah 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Christ of the Tribe of Judah is my Lawgiver 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 t is as much as to say there is no stability in Government or Laws till Christs Fifth Monarchy till he come 〈◊〉 give it them He hath the Judicial Power too John 5. 22. 27. But although he doth delegate a Judiciall Power to his Servants Isa. 1. 27. 1 King 6. 12. and subordinate Officers Isa. 60. 17. Dan. 7. 27. Rev. 19. 14. which must all be Saints too yet he keeps the Legislative Power to himselfe and will not part with it nor can he to Princes or Parliaments He alone is to have the absolute Soveraignty as the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dan. 7. 14. So that his will his word or command is the Law and the Law ought to be none but his Word all grounded and fetched from the Word of God which is to be the Statute-Booke Psal. 147. 19. He sheweth HIS Statutes and HIS Judgements to Israel Then the ablest Lawyers wil be such as are most conversant with Christ his Scriptures and Ordinances O happy dayes then the Lawes will bee healing as Soveraigne Medicines and the Magistrates like Pâ—ysitians must apply them for these and divers other reasons we looke for the fifth Monarchy and doe continually cry Come Lord Jesus come quickly Let every one that longs for these new Heavens and new Earth wherein dwels righteousnesse 2 Pet. 3. 13. Pray Our Father thy Kingdome come that thy will may be done in earth as it is in heaven Matth. 6. 10. that we may have none but Christs Lawes Statutes and Government but forget all old Formes of Civil or Ecclesiasticke for which end Lord hasten this fifth Monarchy Vse My first word is full to our Governours in the Honourable Court of Parliament if so be the fifth Monarchy is so nigh us it concernes them to set upon their Generation-worke then in these dayes
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and polish their Impostures so as Pindar saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. And thus did our former States men even â—â—vish and rejoyce the hearts of the people with promises and pretences as of freeing them from taxes troubles and oppressions even whilst they were creating new Acts and Designs of oppressing them curling their smooth Complements into rugged Practises 2 Principle of Piety is to avoid Popularity which will be wisdome when all is done and indeed our Lord and Lawgiver Jesus Christ went away from them that would have made him King and evermore he would avoid the multitudes when once they began to throng after him Besides Piety accounts Plain-dealing the Jewel and though it be a maxime in morality yet it is true in Divinity too Bonum oritur ex integris 3 Principle of Policy is to temporize like the Dutch-man that sails with all winds so they turn with the times and like Caâ—s will be sure to pitch upon their feet If the times turn for Religion who like him if for Brethren to preach he will preach too he can fashion himselfe fit for the times omnia pro tempore nihil pro veritate 3 Principle of Piety the true Christian is constant to his Principles and holds fast his profession without wavering Heb. 10. 24. for all the times If the ship wherein Christs Disciples are miscarry he had rather â—â—â—re cum Christo then regnare cum C 〈…〉 4. Principle of Politicians is to put a necessity upon the most exorbitant actions as a Competant apology for them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So that be it for wars acts of oppression banishment taxes or the like necessity makes the Law The Andreans answered Themistocles when he came for tribute and told them he was accompanied with two Goddesses viz. eloquence and violence they replyed they had two Goddesses as strong viz. necessity and impossibility 4. Principle of Piety is to put an absolute necessity upon nothing but Christ and his Kingdome and to hold no necessity to any thing that is sin but rather a necessity against it which is the vertue 5 Principle of Policy is to calumniate and inculcate the lapses and failings of their former Rulers with the greatest advantage For this doth indear the present Rulers the more 5 Principle of Piety is to look upon infirmities and failings as such which the best of us are subject unto and ingenuously to look upon the good actions to imitate them as well as the evill actions to avoid them for what is worse then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 6 Principle of Policy is to urge good successes as arguments to authenticate or canonize their cause for this is a popular and taking argument as the Romans were wont to call their Victories the Arbitresse of their just cause Event us belli velut aequus Judex unde jus stat ei victoriam dabit c. 6 Principle of Piety is first to have our cause clearly authentick and good and then to wait for what successe God will give knowing prosperous vices are Cardinal ventues in the account of fools and ignorants Prosperum ac foelix scelus sayes one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are not one wherefore let our cause be canonized in heaven 7 Principle of Policy is to oblige some mercenany men that have some influence on others to applaud their actions and explode the contraries The Popish Polititians have imployed the Jesuites to such Offices and so have other of the States others that were as greedy of gaine and as full of garrulity or tongue Was not this the reason that some Ministers and others were exalted into great places preferments Colledges or the like above 〈…〉 7 Principle of Piety is to oblige such as have influence on God and Christ to call for his spirit to be poured out upon them and they are content to have the righteous reprove them Psal. 141. 5. Yea and find comfort in it and care not for such Clerical Statists as would skreen them or others from seeing their errors 8 Principle of Policy is to impose Oaths Covenants Ingagements full of ambiguity and yet pleasing and plausible in the vulgar sence so as may make for their designe Thus Plautus hath it Pactum now Pactum est non Pactum Pactum est cum illis Lubet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch tels us thus men are couzened with oaths as boyes with toyes 8 Principle of Piety is to be favorable and cautious in making or taking Oathes and to be plaine in the sence of them when they are tendred to the consciences of men least they should 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a promise is derived of the performance in the Etymol 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it ties a mans hands behind him in this let our Governors pursue Piety 9 Principle Politicians pursue the most impudent designes with the most confident endeavors and the foulest vice with the fullest face as Cicero saies Such carry things so cunningly that when they deceive most they make appearance of dealing best 9 Principle of Piety is to act with moderation and discretion by rule and measure according to the thing intended Phil. 4. 5. 10. Principle of Policy is to bribe such men to silence whose mouthes would make a great noise and whose words have influence upon the people And this our Statists have usually observed yea by the former Parliament were many mouths stopped up and filled with gifts and gratuities that they could not speake and one I could name had five hundred pounds to put him to silence and say nothing though he knew much of their corruption and injustice But I beseech the Lord to lead these our Governors into the Principles of Piety and Honesty 10. Principle of Piety is as freely to accept of Articles â— Impeachment against a corrupt Governor as against a corruâ—â— Subject seeing the evil of Governors is of as bad yea of worse consequence then the evils of Subjects And seeing the Governors are no more exempt from Laws then the Subjects Therefore we shall find Romulus made this agreement with the Senators that the People should make Laws and he would take them both for himselfe and others to obey them And Ephron King of the Hittites could not grant Abraham the Sepulchre without the peoples consent Nor Hemor the Hivite King of Sichem contract alliance with Jacob without the people would allow it and give him â—eave So that the publick weale being above the greatest Governours it is of the greatest concernment and resentment to receive complaints against them that are evill Governors without â—verâ—wing or over-ruling the Plaintiffs as has been formerly see but how boldly Esther accused Haman chap. 7 6. Saying the adversary and enemy is this wicked Haman and then Haman was afraid O this would
that cannot take Tithes ☞ ☞ 5. To the Lawyers Sim. ☜ Adams What Law ere long 6. To the Country in generall Clergy and Lawyers Back-biters and Presbyters Hus lib. de vita reg Antich cap. 37. Dr. Crips◠☜ ☞ What dayes we look for 1656. By that yeare hast hast hast Three sorts of Administrations 1. Church Discipline 2. Spirit-Discipline 3. Civil Discipline All are a purging apace from Tyranny ☞ The Tyranny of Lawes and Lawyers c. Sim. ☜ The great burthens of the Nation Sim. Sim. ☜ What puts the Author upon this Work Q. What Call Answ. â— The Law of Nature proves and gives a cal 〈◊〉 Tull. Cicero Roman Law Cicero ☜ The Lawyers complained of ☜ Observ. 1. Isidorus in lib. 5. c. 4. Etymolog Jus naturale est commune omni nationi ☜ Observ. 2. Observ. 3. Aug. in l. 2. confes c 4. tom i Justice Injustice of two sorts ☞ Observ. 4. Vertuous acti on s considered two ways Damasâ—â—n M. Tully ☜ 2. The Law of Nations gives a call Terence The use of this Law The Lawyers complained of Theeves ☞ Who are the worst Theeves ☞ Theeves hanged at Tyburn les guilty then some Lawyers ☜ The Authors resolution Egyptians Diodor. Sicu l. â— c. 2. Sim. The Authour put upon this Their Robberies how Pliny Alex. â—b Alex. ☞ It is against the Law not to discover them A word to honest men to be up Sim. ☞ 3. The Law of God gives a call to this work Amos. Expos. Complaint of the Lawyers ☜ Expos. Germans Prov. Micah Expos. Of the Lawyers They trade in sin ☞ 1. The pronunciative Law of God Jâ—remy Expos. Ezekiel ☜ 2. The directive Law of God â— Mac 3. 43. Isaiah Exposâ— Gods Law is to be obeyed against mens ☜ A digression To assist our Neighbors France c. Holland Object Answ. Object Answ. 1. 2. 3. 4. Examples of this Hezekiah Vide Chap. 5. ☜ Josiah A word to the Army ☜ The work will go on beyond Seas ☜ Examples Constantine the Emperor Constans The call abroad ☞ Theodosius Soâ—om l. 7. c. 18. Romans on a civil account Spartans Justin. lib. 1. Diodor. lib. 2. c. 3â— Examples at home K. H. 2. H. 8. ☜ In the name of Jesus Ingagement Numb 32. Josh. 4. 12. Deut. 3. 20. A Proclamation to be made Gaddites who now When t is time for the Army to rest Uriah ☞ Our Warrant for this An alarm ☜ Vide Chap. 5. Laws of men must breathe by Gods ☜ Wo to Lawyers Priests and Lawyers the two Plagues that rose together Lawyers Locusts 1. Arising out of the bottomless pit smoke Malmsbury 2. Unclean Creatures Cooper 3. For multitudes 4. For their variety of orders ☜ 5. For their earthly dispo sitions ☜ A mouth and a belly 6. For their leaping Exception of some ☜ No honest man can live a Lawyer Tit. 3. 13. ☞ Greg. Moral Job 39. 23. 7. Like to Scorpions 1. Flattering faces full of craft and cruelty Carthus in Apâ— Cotterius Pliny 2. They eat the dust as it is a curse They cannot abide a plea out of Scripture 2. They sting deadly and by degrees Pliny 8. Monsters 1. In their bodies Full of fury for Antichrist Carthus Beda 2. Their Heads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prima Leo postrema draco media ipsa chimaera Par. in loc 3. Their Faces With their art of dissembling ☞ 4. Their Hair Cotterius ☞ 5. Their Teeth Terrible Lyra. 6 Habergions of iron Pareus 7 Their wings and priviledges Beda The Army of Locusts Noise of their wings what ◠☜ Lawyers perplex us and how 8. Stings in their Tails who Such multitudes of Clerks c. are against Justice and true Law Mir. of Just. fol. 246. * Judge Arnold was hanged for saving a Bayliff from death who had robbed the people by distresses and extorting mony from them See Mir. of Just. sore p. 241 and now the Bayliffs do it daily and no justice 9 Their limited power 1 To persons Et electi licet percutiantur non reputant laesionem Hugo in loc 2 To time Andreas Casarieâ—s Bullinger Brightman 1 The military Locusts 2 Religious Locusts 3 State Locusts Common Law when it arose Lawyers Rastal And so Stowes Chron. in loe The Lawyers end within a year or two ☜ Hildegard Prophesie ☜ Jer. 1. 17. In civill Discipline 1 Reges 2 Leges 3 Greges Lawes Sim. Calvin Laws necessary Law defined And explained Tully Calvin Institâ— l. 4. de e rt Mediis Austin Isadorus The Principle of the law The Law of nature ☞ Culverwel 1. What Nature is Durand Culverwel Galen 2. What the Law of Nature is ☜ Suareâ— Grotius Chrysostom Phile. Plutarch Plâ—â— Cicero 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sim. 3 The light of nature ☞ Law of Nations Humane Laws The principle of them Suarez 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ☞ Tully 1. Corol. 2. Corol. 3. Corol. 4. Corol. 5. Corol. 6. Corol. ☜ 7. Corol. Aristotle ☞ Warr. â— Corol. The right Leveller ☞ Suarez Hierocles Pythagoras Socrates 9 Corol. ☜ 10. Corol. ☜ 1 Tim. 1. 10. 11. Corol ☞ 12. Corol. Tho. Aquin. 1. Laws Lusts. ☞ ☜ When Laws are and are not to be obeyed Sim. ☜ Terms down and why Justice is a Leveller M. Antoninus Reas. 1. Light of nature is a certain light Reas. 2. A calm peaceable light 3. A sweet pleasant light 4. A guide or leading light 5. A light derived of divine 6. An aspiring light ☞ A Call to our Countreymen to let out the light of reason for the reforming of Forms and Laws against Reason Object Answ. Who is the honest man Who is the greatest enemy and traytor Object Answ. Laws unjust how and when 1. When contrary to humane good Augustin 2. When contrary to divine good Use. Martyrs in State-Mattars and on Civill accounts Object Answ. 1. 2. ☜ Quest. Answ. Who are to make and mend Lawes Isidorus What Laws we would have Suarez Plato Law of Subjects defined Aquinas Suarez 1. 2. 3. 4. The People give the rise to their Laws M. Tull. Ciceroâ— Isidorus Observ. 1. Observ. 2. Observ. 3. Observ. 4. Observ. 5. Observ. 6. Use 1. Our Laws and Lawyers their original Fortescue Sim. Brittains lost their Laws and Lands together Will. the Conqueror His perjury to set up Norman Laws and Lawyers The people made slaves And Fools And Cowards ☞ Laws made to keep in slaves ☞ Hopes of recovery What William the Conqueror did that Oliver the Conqueror is to undo and how 1. In the original of the Laws Phil. Hon. 2. The language of the Laws Against the Laws of God to be of strange Languages Edward the third Vespasian What the people hope for Caligula Tyrants would have people ignorant of their Laws ☜ What will be destructive to the Common-wealth 1. Ignorance of the Laws 2. Terms at Westminster 3. To buy the Law of Lawyers 4. Delay of Justice Deliverance is promised and expected ☞ Politick Laws in our own Language and why 1. ☞ 2. 3. Tyranny 3.
Law and Justice at every door in every County ☞ How Terms came in at Westminster How the Jury of twelve men came in How Councels of State Chancery Court c. came in Tyranny and slavery where in 1 Their oppression and misery for right and justice ☜ Their long and chargable journeys to London 2. Delays Whereas before all Causes of Controversie were fully and truly determined in fifteen days at farthest in Mirror of Just. fol. 8. ☞ Vide Captain N. Burts appeal from Chanceâ—y pag. 9. 3. Justice bought at too high a rate Example So Mr. Ch. dealt with one Henshaw borrowed all his money then kickt him out of doors then clapt him up in prison and by â—eeing the poor mans Lawyers kept him there The late Act of Parliament worth nothing Justice desired to be had at home ☜ Down with Terms and Westminster Courts Object Answ. 1. Trading would not be lost by it 2. 3. 4. From Tribute and Taxes Vide The lives of the three Norman Kings p. 91 98. Bucan Seneca Bartolus 5 From Fines and homage c. to Lords of the Mannor Holinshed 6 From the Norman Lawyers Lawyers their original 1. 2. 3. Terms Inns of Court when and how they began ☜ The Temple 1. The Lawyers rise and interest 2. 3. 4. 5. 6. 7. 8. ☞ 2. Peoples slavery by them 1. 2. ☜ ☜ Diodor. Sic. 3. Lawyers 1. Robbers Augustine Sim. Sutton Oppressors Acts Mon. p. 230. 2. Tyrants by practise how 1. Sim. 2. ☞ 3. Machiavil in principe Arist. l. 5. c. 11. Polit. 4. Solon 5. 6. Sim. ☜ 7. Sim. Dr. Featly Ser. p. 495. Sim. ☞ Col. Prides speech 8. Sim. ☞ Sim. Vacation times how ordered Sim. ☜ 3. For their Bribes No right in judgement is to be sold for Fees or Bribes Mirr of Just. fol. 258. Dr. Featly Sim. 4 For their incouraging contentions ☞ Râ—gers on Love p. 24. Sir H. R. and Mr J. R. Sim. 5. For their Frauds Sim. Diod. Sic Antiq lib 3. In Henshaws Case p. 55. Sim. ☞ Sim. Dr. Don. Sim. Mr. â— Mr. â— Sim. 6. For their Fees Sim. ☞ Sim. ☞ This is contrary to the Stat. Aâ— 18. of Ed. 3. And contrary to true Law Mir. of Just. fol. 64. Tully Sim. ☜ Sim Sim. ☞ Dr. Benson on Hâ—s 7. 7. ☞ Sim. ☜ Cook of Graisâ—nn at the laâ—e Kings tryall Thucydides ☜ The Parliaments great work about Tithes and Laws ☜ 7. For that they are strangers ☞ 2. Lawyers live by sin as 1. By Lying A Lawyer once attainted of false pleading or maintaining an unjust action or cause is to suffer bodily punishment Mirror of Just f. 230. Dangerous todeal with them ☜ A word to our Governors about them Robinsons Essayes ☜ 2. For Perjury Oaths unlawful ☜ 3. For innocent blood and murther Theeves * It is manslaughter to put any to death for meer theft and a bloody Law against Gods of Tyrants invention Mr. Châ—dley hath writ very well to this therefore say only thus that the Law in its virginity did ackowledg it that none ought to bee hanged for theâ—t Mirror of Juâ—â— fol. 102 257. Pretended Traytors and Enemies Holinsh Chron. Juries wronged Juries right Cooks Instit. Littleton A Lesson for Jury-men Judge Jermins speech Hide Cooke ☜ Oâ—to â—rising Châ—â—n l. 3. e 7. * Imprisonment of any man till he die in prison is manslaughter by thâ—â—â—â—y law viâ—â— Mir. p. 88. of Iustice â— 27 28 30. 274. so to suffer any though never so poor to perish for want p. 228. Or to delay to releive prisoners till any one dye is manslaughter f 30. One Judge Pâ—rine was hanged for this Expos. 4. For their cheating and stealing Judge Hall was hanged because he saved Tâ—ustrom the Sheriff from death who had taken away goods from many men against their wills though for the Kings use for that it was robbery vid. Mirror of Jusâ— f. 241 241. And do not the Lawyers rob thus daily ☜ Sim. ☜ Dalton ☞ 5. For oppression 22. Q. 12. a. 2. Ministers suffer by their tails Widows sufferings Example ☜ In his Discription of the World p. 196. â— For Pride ☞ The peoples eyes on the Lord General for deliverance from all these Norman Tyrants and tyrannies ☞ Vide chap. 5. And why so Reason 1. Oâ— the Conqueror conquered not for himself but for the people Augustine 1 Sam. 17. ☜ ☞ Josephus Vide Declaration Aprill 164 and Maâ—ch 16. 18 Sim. Reas. 2. They are ouâ— Countrymen that have conquered Strangers unsufferable Aemilius Object Answ. ☞ ☞ Our rights not lost ☜ ☜ A word to the Army 3. This liberty is our birth-right 4. There be several and solemn engagements made to do it ☞ ☜ 5. Fast actions best ☜ 6. Scripture promises Jer. 30. 21. Cap. Ch. Rev. 11. 15. Pythagoras ☞ 1 The end of humane Laws what 1 In generall Isidorus in dig vet l. 1 tit 3 lege 2. 24. Isâ—l l. 5. c. 211. 2. In specie 1. safety Zeneph de Reb. Laced ☞ Aristotle 1. 2. ☜ 3. Tho. Aquinas Cicero 4. 5. Cassius ☜ 6. ☞ Sim. ☞ ☜ Austin c. 4. 6. de civit Dei Pausanias Cicero ☜ 2 Freedom Cicero lib 3. Offiâ— Diod. sic l. â— 2. l. 1. D. ☞ ☜ Sim. ☜ Use. ☜ 2 The object of the Law who or what Trajan Zenophon Cyrus Use. Our English Laws persecute the honest ☜ 3. The foundation of the Law what Austin Aquinas 12 â— 93. 3. c. M. Tu Cicero Plutarch Plato Suarez Fundamentall Law what Augustin Reas. Fundamentall Laws meeâ— notions ☞ What Laws are most fundamental ☞ A Writ of Habeas corpus tyrannicall ☜ Imprisonment for debts illegal Mir of Just. 102. 257. ☜ 1. To the Parliament 1. As the Supream ☜ ☞ 2. As they have the Legislative power Isidorus in l. 5. c. 10. Etym. 1. Carneades The Parliament not supream power when ☜ Plutarch ☜ ☜ Cobwebs in Westminster to be swept down ☞ Plato 2 Justice cald for from the Legislators ☞ Men made good by good Lawes and bad by bad Lawes Sutton Embleme of Phisitians Ministers Magistrates 3 Legislators wils inspired by divine reason Aristotle 4 Legislators judgement sound Aegypt Sim. ☜ Aquinas 1. 2 Q. 100. 9. â— Averroes in 2 Rhet. c. 18. ☞ 5. All Lawes made known by Legislators â—â—idâ—r Vide Master Braine 's new â—arth Q. 1. A. 1. What Laws must be altered 2. 3. Augustine ☜ To the Parliament ☜ ☞ ☞ How we come by our owne without Lawyers Object Answ. ☜ A word in charity to warnâ— the Lawyers Prayer for our Governors ☞ Sim. Priests and Lawyers help one another Priests let them alone to live by sin and Lawyers in requital pleads for them to live by tythes 2. To the free-born people of England Our Liberty what it is ☜ The worth of it Ames Obj. Ans. Sim. Why we strive against stream ☜ Gen. 3. 1. Lawes and Liberties of the People are highest Aristotle de mundo lib. â— Polit c. 7. 2. Rulers are to be for the peoples good ☞ Caesar l. 5. 7. de bel Gal. 3. Else the people declare against them ☜ Rulers how Not by open armeâ— By new choice Why Cicera â—ivius ☞ 1. Macc. 1. 43. 2. 22. ☜ 4 This Conquest hath been on the peoples account ☜ 5 Cons. The Fifth Monarchy now hard by Which breaks the Laws and Law-givers of the fourth Monarchy apeeces 1. When Mr. Cam. Calvin Polanus The little horn i. e. Wil. the Conqueror 1 Unseen for a while Rose up 3 A vile person 4 By deceit 5 To subdue three Kingdoms ☞ 6 Speaks great words against God ☜ 7 Perplexes the Saints by changing their Laws 8 A fierce persecutor of the Saints till the Judgement Master Canne 9. Never to be more 10. The rest of the Hornes continue for a time 11. The fifth Monarchy When. When. ☜ 12 The last Monarchy ☜ 2. The manner how 1. By degrees 2. In a mystery ☞ 3. Suddenly and terribly 3. The Reasons 1 The Redemption of the people Gellius Redemption 1. From Ecclesiasticall slavery of soulâ—s 2. From Civil slavery of bodies Psal. 12. ☜ Of both Prophesies of the Sibyls Of the restauration of good Laws Of Pâ—â—acelsuâ— Of these warâ— with Holland To France Spaine Itâ—ly Laws plain and honest ☞ Prediction of Nostradimus Of France â—oannes Wolâ—ius Of Rome destroyed by our Army of England Predictions of Ioachim ☜ Concerning CROMWEL it is so be thought Romes ruin by the English English Preachers sent thither Predictions of B. â— Finius Of Rome Of Holland ☜ ☞ Predictions of Baptista Nazarus his Ital. dish Of Spain France Germany Rome The Turks by the English ☞ Predictions of the Sibyls Of new Lawes and godly Decrees 2. 2. The Supremacy of Christ over all Powers and Nations ☜ Who then Law-giver ☜ What Lawes then Who the best Lawyers then Vid. Brain 's new earth Vse 1. To the Parliament to model all for the fifth Monarchy 1. To intrust none but honest men ☞ ☜ Throw out men of sin 2. That the Lawes agree with Gods Lawes State Policy a great enemy ☞ 3. To doe all for Christ and his Monarchy Gods Law must be set up ☜ Gods Law Expos. In the Fifth Monarchy ☜ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 ☞ 4 To avoid factions and parties The pretty designs of the former Parliament ☞ So now parties about Tythes ☜ 5 To avoid Achitophel and Machiavell Vide Moderne Policies 1. Principle of Policy Machiavelâ— 1. Principle of Piety 2. Pr. of Policy Pindar 2. Pr. of Piety 3. Pr. of Policy Origen 3. Pr. of Piety 4. Pr. of Policy 4. Pr. of Piety 5. Pr. of Policy 5. Pr. of Piety 6. Pr. of Policy 6. Pr. of Piety 7 Pr. of Policy ☜ 7. Pr of Piety 8. Pr. of Policy Plautus Plutarch 8. Pr. of Piety Aristophanes 9. Pr. of Policy Cicero de offic lib. 1 9. Pr. of Piety 10 Pr. of Policy C. P. 10 Pr. of Piety Fulgos. lib. 5. c. 6. Gen. 34. 11 Pr. of Policy Caesar. 11 Pr. of Piety Scipio 12 Pr. of Policy ☞ 12 Pr. of Piety The price of blood for God only Jesuited who Sim. ☜ Use â— Word to the people to understand the times Object Answ. Against Astrologers The stinking â—â—lly Mirandula Understanding â—nlightned Daniel Then we shall fâ—ll to praying pell-mel ☜ A false Alarme given the Author to take him off of thiâ— Crofton ☜ 1655.
right to all people not having regard to rich or poor without being let and hindered Yea it is accounted a Maxim sayes Markham that the Law hates and eschews delays and see but Magna Charta Chap. 29. We sell no man we deny or delay no man justice and right Many other Statutes command right to be done to all men without delay as 22. H. 6. 40. a. v. 2. C. 25. Stat. Glocest. c. 2. and they are sworn to it too 2 Edw. 3. c. 2. 28 Edw. 1. cap. â—0 4 Inst. 109. but to no purpose for they are as slippery as an Eel and make nothing of an oath as will appear afterward whiles they think fourteen eighteen or twenty years not long enough to delay justice but still must be new Motions new Petitions new Orders new Reports new Demurs new Deceits and new Delayes on purpose to vex and weary the Plaintiff with new Fees and to undo the poorer sort of people that cannot follow If this be not injustice tyranny and oppression wronging and robbing the poor of their Right and Liberties what is 3. It is a bondage for that hereby the price of Justice and Law and of recovering of a mans own is too high for a poor man he cannot pay for it and is thereby oftentimes forced to lose it for that the mercenary Clerks and Lawyers can as they list raise the market of their Fees to a great rate or else delay their orders or the like The poor oppressed pay for all I know an honest man that lent a Lord his Master a great Swash a sum of money upon a sudden but after some years seeing his great master refused to pay him he told him then he must make use of the Law which the Lord no sooner heard but sent for a Writ arrests the poor man and without Declaration for what got him into prison and all to prevent the poor mans suing for his own by corrupt Lawyers and large Fees he kept him in Newgate many years till he was â—igh starved rotted and stunk to death So that the poor man must lose justice because he wants purse enough to pay for it and a Plea upon the late Act for one not worth five pounds was not worth five farthings The Lawyers are such Juglers Thus for these and divers other Reasons this murthering and bloody tyranny requires quick relief from these delayings charges deceits and fees turnings windings and intricacies of the Law Wherefore with full eyes are the free-born people of England expecting their return out of captivity in this also by my Lord Cromwels their Conqueror means So that Justice and plain honest Law may be had as was before William the Tyrants time at their own doors and in their own streets in every County and Hundred in England which would much inrich the people and keep the more money in their purses to pay taxes with and the like the which doubtless then they might do without murmuring Therefore down with Terms and such Tradings of Lawyers at Westminster and spread Law and Justice all bout the Nation Object Thereby many would have but little trading Answ. 1. Little the less for that because the successive Representatives at Westminster would keep it up and thereby the City would be frequently full of people from all parts 2. People when they come up to London will have the more money to buy Commodities then now they have seeing the Lawyers are such Money-suckers and Purse-soakers but 3. Let not people be deceived so as to think the promises and priviledges which we expect in all the changings and turnings of times tend to set up better trading for the world for all the earth shall be shaken and reel like a drunken man but as the Kingdoms of the world become Christs so tradings will become mostly a trading for Christ and his Truth and a taking off of the old world looking for the blessed hope and glorious appearing of the great God and our Saviour Jesus Christ. 4. Whereas before the Conqueror William in Edward the Confessors days the people lived in much liberty and freedom from taxations and tribute yea Edward the Confessor freed them from Dane-gilt which the people before payed being at least forty thousand pounds But the Greedy Tyrant William the Conqueror did contrary and sought to enslave the people with cruel burthens as we finde in the Summary of English Chronicles pag. 41. He made enquiry what riches the people had how many acres of ground were sufficient for one Plough by the year how many Beasts to the tilling of one Hide how many Cities Castles Farms Granges Towns Rivers Marshes and Woods and what Rent they paid per annum c. All which was put in writing at Westminster and kept in the Kings Treasury in a Book called Dooms-day Book And according to the Roll he imposed heavy Taxations and squeezed out the â—at of the Land to himself So in Acts Mon. p. 173. he gave his Normans the cheifest possessions of the Land and stripped the stoutest of the Nobility and Gentry of all But now the people are high in expectation of ease and deliverance from heavy taxes which hitherto have been gathered and required of necessity for the use of the Commonwealth and benefit of the free-born people But now they hope to have the bands of wickednesse loosed Isa. 58. 6. And that their Conqueror Oliver the Lord Gene tell will set the oppressed free and undo the heavy burthens and â—ose them and deliver them from this bondage which appears to bee so for that Governors are limited by Gods word in Ezek. 48. 18. The Princes shall not take of the peoples inheritance by oppression and thou shalt not steale is a mortall command to Kings Princes Parliament Armies c. Exod. 20. 15. as well as to the poore oppressed people Naboths Vineyard was his own Inheritance and propriety which the King had nothing to do with by right for as Bucan says de Magist q. 75 76. 77. Distinctio dominorum propriet as possessionum est juris divini juxta mandatum non furtum facies c. Distinction of dominion and propriety of possession is of divine right according to the command thou shalt not steal It is not said thou shalt not give or lend or the like but thou shalt not steal for that no man can lawfully take away the goods or propriety of another Saies Seneca l. 7. de benef c. 4 5 6. Caesar hath the dominion of all things belonging to him but the propriety belongs to particular persons As the Civilians say one may make claim to a House or Ship but not to all the furniture or lading in the House or Ship Therefore it is injustice and tyranny for a William the Conqueror to command mens Estates and Purses so as against all Law Liberty of the Subjects and propriety of the Law to lay Taxations upon them above what