a great abatement in the Countrey of what is spent and paid in London 7. The last thing which shall be mentioned touching this matter and which is most suitable to the propounded end of the discourse in hand is that this carrying of all causes to Westminster makes in a manner all the Courts of Record in all other Cities Towns Corporate with the County Courts Hundred Courts and the Courts of the Mannours and all other Court Barons to be disused and in a manner destroyed to the prejudice both of Lords and Tenants who are much impoverished with Suites at Westminster upon every trivial occasion and in the mean while there is much disorder at home for want of Courts to redresse petty wrongs and so to keep and preserve quietnesse 8. These things are enumerated as evils occasioned by the general Residence of the Laws at Westminster without reference to the particular Courts now something shall be spoken of in relation to the several Courts which are necessitously oppressive to the Suiters in regard of the multitudes of Suites The chief grievance in this kinde is the crowding of all causes of Equity into Court of Chancery except a very few in some cases in the Exchequer in which Court there have been said to be ten thousand causes entred into the six Clarks books some of which are seven eight or ten years old and without doubt there are as many more upon Sub-poena's and Bills not fil'd of all these there cannot be lesse than one thousand alwayes ready for hearing besides such as stand to be heard upon Reviews Pleas Demurrers Exceptions and Reports And in one Term there is not time usually to determine one third part of them besides hearing of motions which necessarily arise in most cases the rest being put â—ff insomuch that many times you shall finde above twenty cauâ—s in the paper for one day whereas within thirty years last past ere were usually appointed not above four or five causes to be â—eard every day in Court and not many more at the Rolles But since the abolishing and disuse of the Court of Wards Court of Requests high Commission Star-Chamber Ecclesiastical Courts as they were called Queens Court and Dutchy Court every of which as might be easily shewed especially the Court of Requests poured something into this Ocean the Chancery the same is grown so full that it 's impossible that the causes there should be dispatched without an excessive charge and long attendance (i) Cooke English Law pag. 45 46. And this Court as it now stands is the next great oppression of the Nation and tends chiefly to the inriching some few Officers and Practicers and the impoverishing of the Common-wealth where in most causes unlesse they be agreed by Compromise the remedy is worse than the disease 9. The next thing to which I take exception occasioned by the general practice of the Laws at Westminster which may be accounted a grievance is That almost all the Suites in Law of the whole Nation are brought in the Courts of the Upper Bench and Common-Pleas which are more tedious and chargeable than they need to be for whereas a man arraigned for his life hath but a day nay it may be but an hours warning to make his defence onely he knows before hand when the Goal-delivery will be here regularly a man cannot begin and end his Suit be it never so trivial under three Terms unlesse the Defendant will confesse the Action especially in the upper Bench where after the Arrest or appearance which sometinies is hard to get done the first Term the Plaintiff declares and the Defendant imparles the second Term the Defendant pleads to issue and the Plaintiffe carries down the cause to tryal to the Assizes where if the cause be tryed Judgement is given thereupon in the next Term following and this takes up about (k) At new England the Defendant hath warning a covenient time before the Causse be heard and most Causes are ended upon the hearing at the same Court. Lechfords News pag. 29. seven moneths time but if the Defendant be wilfull and liberal he may keep the Plaintiffe in Suit a far longer Term whereas in some Courts of Record in the Countrey such a cause may be ended in six weeks and might be done in half the time if the Law were amended and made like the proceedings in Wales which are better and shorter than at Westminster 10. To these may be added as an evil growing out of the general Execution of the Laws at Westminster the greatnesse of Offices both in respect of work and revenue which for the most part are executed by Clarks and Deputies and nothing done by the Master of the Office but onely to take the Accounts and receive the Fees at the end of the Term allowing little or nothing to such as do the work but what comes by sharking the late-born Miscreant called Expedition and indeed the great Officer who stands like an Andiron in a great Room onely to make a shew sets the Clarks to all the labour and to abide the heat of the businesse And this must needs be so for these Officers formerly used to pay seven years purchase for their Offices Is it not a shame that one man should pay for an Office first and lust forty thousand pounds as it 's generally said one paid for the Upper Bench Office That a Prothonotor of the Common-Pleas should pay nine thousand pounds for his Office That a six Clark in Chancery should pay seven thousand pounds for his Office And not Aphilozers The Romans used not to sâ—ll Offices the Qâ—â—stoâ—ship was granted according to the worth of the Suiters untâ—ll by Dolabella's advice it was put to Salt which is blamed by the Heathen Historian as a fault Tacit. Annal. lib. 11. cap 7. pag 148. The Senators were chosen by voices and if they proved infamous they gave up their places to save their Credits Idem l. 11. c. 8. p. 150. Exigenters Clark of the Warrants Essoines Curciters or hardly any other Office to the very Cryer and Bag-bearer but all exposed to Sale in this last Age and many times sold to such as were onely fit to be entertained because they gave the most money for them And then as a necessary consequence he that bought dear must sell dear insomuch that I have heard it credibly reported that a Souldier becoming a Courtier was by King James made a Master of the Chancery the man I knew well this Master being taxed that he expected too much money in some businesses before him in an angry manner said that the King promised him that the place should be worth five hundred pounds by the year to him and he would make it so if he could (l) Alexander Severus at his coming to the Empire after that proâ—use beast Heliogacalus although he found thâ— State much in debt refused to make Sale of any Offiâ—e saying Non Paâ—iâ—r mercatores Potestatum and
a number as might be such a Survey might do well in the Courts in these dayes to the end that the trivial frivilous and vexatious Suites being spewed out as (p) Lord Bâ—kon Essayes the surfets of all Courts such as were of good use and concernment might have time to be determined (q) Sueton. Tranq in vita Claudii Nâ—ronis sect 17. It was a Law amongst the Romans that no Clark or Notary who was to draw or write any other mans Will should put down any Legacy for himself Also that impleading and deciding of controversies all those causes which aforetime were debated before the Masters of the Exchequer or Citie Chamber should be removed into the Common-Hall there to be tried and that appeals from the Judges should be made onely to the Senate (r) Bodin Republ. l. 4. c 6. p. 500. 502. The Historian commendeth this practise Sueton. Tranq in vita Augusti Caesaris sect 33. Idem in vita Tiberii sect 31. 33. Augustus Caesar used to sit daily in Judgement to hear Causes in the Tribunal or if he had not health then in his own house (Å¿) Idem in vita Flavii Domitiani sect 8. Flavius Domitianus used also to sit in Judgement upon the Tribunal and many times reversed such Judgements as were given for favour or obtained by flattery he warned the Judges not to give ear to perswasions and Rhetorical assertions and such Judges as were faulty he used to tax publickly and he was so carefull to chastize the Magistrates that the Historian saith they were never more temperate and just in their places than in his dayes (t) Bodin ut supra p. 415. Romulus left the ordinary Administration of Justice to the Judges but reserved the greatest matters to his own Judgement (u) Godw. Aâ—â—i Rom. l. 3. Sâ—ct 4. c. 6. The Romans had a Law that no Senator should use any Trade but those were utterly forbidden the use of trading for fear it should breed favour or corruption And another Law of the Romans was (x) Idem l. 3. Sect. 4. c. 17. Ex Cicerone de Senectuâ—e that no Advocate or Oratour should receive any gift or reward from his Client for pleading his Cause for that they were paid by the Common-wealth which was a very (y) Cook Essai pag. 185. indifferent way for all people Cock Essay pag. 185. (z) Rous Att. Ant. l. 3. c. 1. pag. 110. and pag. 111. 112. The Graecians proceedings in their Courts was like to the Romans and if the Defendant did not appear upon the Summons he was taken by default and if he would have any ease against the Judgement he must bring the Cause on to hearing against himself within six weeks or else the first Judgement to stand That Defendant which had not five of the Judges voyces for him was to be fined and the Plaintiffe that made not good his charge was to pay costs And if the Cause were Criminal before the Suit was allowed to proceed the Prosecutor took his Oath that his accusation should be just Cook English Law p. 103. To conculde good Laws are more securitie to the people than good Magistrates our Laws have sufficient in them to bring in the whole body of Popery except the Popes supremacy and to destroy all the faithfull people of the Land and therefore it 's to be wished that the Laws were (a) Lâ—chfords Newâ— pa. 26. In the great Câ—uâ—t at new England held twice in â—he yâ—ar like our Assizes the Matters of the Charge to be inquired of are reduced by the Governour who gives the Charge under the Heads of the Decalogue made agreeable to the Laws of God and then if the proceeding and execution of them were either like the Jews the Graecians or the Romans and that all ordinary matters might be decited and determined in the proper Counties it would be found I doubt not a great blessing and happinesse to the people And I cannot imagine what can be said against this but that which is called reason of State the very name whereof an honest Pope abhorred This (b) Grotius Pol. Max. par 1. c. 4. p. 31. 32. as one saith was anciently the same with Equitie but as now it s used in the world is nothing else but a device that carries the face of equitie supposing it Lawfull not onely to transgesse the Laws of men (c) Bodin Republ l. 1. pag. 104. accounts this a thing most absurd The three Temples belonged to the Templâ—rs untill Ed. 2. his time and thence to the Hospitallers untill the desolution in the time of H. 8. but even the Laws of God for Politicke ends And since Machiavel plaid Achitophel this for shame is called reason of good government 1. This policie will tell us that thee hange of the Laws the practice thereof will dishonour and demolish the most famous Universitie in all the world for our kinde of learning the Inns of Court and of Chancery 2. It will Eclipse the glory of Westminster and a great part of London whose inhabitants live by lodging and victualling 3. That tediousnesse of Law-suits and the great expences thereof are to be tolerated as a necessary evil or punishment which serves to keep men quiet and deterre them from many unnecessary Suites which otherwise would be commenced but that they fear the remedie may be worse than the disease 4. That the Law is a (d) Tyrants use to imploy their Tributaries in wars abroad or idle and needlesse Trophies that they might want leasure to think of other things Jun. Brut. Vind. Conâ—râ— Tyran p. 10â— Upon this ground stage-playes and Stewes are suffered in some Countreys necessary evill to keep men from contriving and practising Worse mischief in the Common-wealth which they have no leasure to do whil'st they are wrangling and jangling about Law-suits 5. That expence on Law-suits is a good means to keep such men who are of restlesse and unquiet spirits poor in the Common-wealth whereby they are disabled to make head against the Government These and such like props for upholding this frame of building appear upon the first view to be too weak and unsound to prop up the same being herein already answered and are all overthrown by that rule of Scripture (e) Rom. 3 8. We must not do evil no not the least that good may come thereof Now seeing it hath pleased the Lord our God to bring us not onely out of that iron furnance and darknesse of Egypt the hard service and ignorance of Popery but also to give an end to our wildernesse miseries and to settle us in peace after all our wars and distempers and so to put us into a condition as the Israelites to receive good and wholsom Lawes let us learn Gods end in this and know for our instruction what is recorded by the Holy Ghost Psal 105. v. 43.44.45 hee brought forth his people with joy and his chosen with gladnesse c. And
Law of the 12 Tables is said to be the end of Law and Equity Tac. 1. Annal. l 3 c. 5. p. 71. Nature holds forth but one Light to men and God gives but one Law to Christians This is the end of Magistracy The Execution of Justice which in their hands whether Supreme or Subordinate is that Vertue which is commonly called Distributive Justice and comprehends in it (c) Equity is the Law of Nature to which all men are bound That is honest which is agreeable to the Equity of Nature Bod. Rep. l. 1. p. â—05 Equity and the same likewise is called Righteousness Now that Justice and Equity are the same thing there is nothing more clear as Aequum Justum are Termini convertibilés so are Justice and Equity (d) Weems M. L. Com. 8. Exerc 8. p. 225 230. Godw. Antiq. Rom. l. 3. sect 4. c. 1. Isa 59.13 14 15 Prov. 17.26 And these are indifferently taken one for the other in the Holy Scriptures Isa 59.14 Justice standeth afar off and Equity cannot enter By these two words is elegantly set forth the Injustice of the Magistrates who had to do in execution of Justice and Judgement as is there expressed The same appears in that place of the Proverbs To punish the just is not good nor to strike Princes for Equity It is an evil and wicked thing to punish men for doing that which is just or to abuse Magistrates for executing Justice Coloss 4.1 Col. 4.1 Masters give unto your Servants that which is just and equal The two words there used are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are indifferently taken one for the other and either of them signifie just or equal Phil. 1.7 Phil. 1.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montanus translates it Sicut est justum (e) Pasor Lex p. 187. a. 2 Cor. 8.14 Pasor in his Lexicon renders it Prout aequitas postulat 2 Cor. 8.14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this is Englished That there may be equality The same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is translated by the (f) Pasor Lex p. 343. a. Learned Aequalitas aequitas justitia and so it 's indifferently used for either Equity or Justce which are the same thing being referred to the act of the Magistrate in distribution of Law or Right (g) Psal 98.9 1 John 3.7 And Almighty God is said to Judge the World with Righteousness and the People with Equity The like appeareth in many other Texts of Scripture And in the same sense these words Justice and Equity are indifferently used by Profane Authors to signifie the same thing and they are onely distinguished thus (h) Franc. Sylvii Com. Orat. Cicero pro Murena Tom. 1. p. 771. Aequitas est ratio Legis Jus vero sententia ipsa so that Equity and Right are not administred as several things (i) The Law without Equity is as the Body without the Soul The least Judges have power to judge and give sentence according to the equity of the cause Bodin Repub. l. 6. c. 6. p 763 764. but the one is in the minde of the Judge the other more perspicuous and both made up the act of Justice And the same Author chargeth it as a fault that Usu saepè venit ut inter se pugnent Juus Aequitas In this sense the Lawyers themselves have used Lex for Jus and Aequitas or the one for the other (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Finch c. 1. f. 1. Consuet Norm tit de Jure fo 125. tit de Justit cod Cust Norm tit Justice pag. 7. B. Arist Eth. l. 5. c. 41. Lex dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à distribuendo que ceo distribute droit a Chesc ' Because it gives Right to every one The very same words are used in opposition of that Law of the Romans called Lex (l) Eubul Din. Scho. in Orat. Cicer. de Lege Agraria tom 1. p. 710. This Law was for Division of Lands amongst the poor Commons being sound in the possession of private persons Tit. Liv. l. 2. p. 71. c. Agraria where the Commmentator in his Scholia's upon Cicero's Oration against that Law saith Lex suum cuique tribuit and thence reasons and concludes Logically thus Maj. The Law gives to every one Right Min. This Law doth not give to every one Right Concl. Ergo haec Lex Justitia non est Let our Law and Equity be laid to this Rule and see how any man living can defend both A poor man for Example is bounden in a Bond of Twenty pounds conditioned for payment of Ten pounds with Interest which Bond is forfeited because the Money was not paid at the day although it was paid two or three years after and nothing unpaid but Interest The Creditor puts this Bond in Suit it may be either out of meer covetousness or to hook in some other pretended Debt or Duty The Defendant pleads Condition performed or upon the general Issue gives in Evidence the payment of the Principal three years after the day limited in the Condition The Judge in such case must give direction for Law That the Jury must finde for the Plaintiff for that the Defendant (m) Justitia legalis stricte sumpta quatenus opponitur aequitati est iniquitas c. Amesii l. 5. de Conscientâ—â c. 2. p. 269. Finis Legis est Justitia Coed Rhod. l. 13. c. 19. p. 697. must have his Remedy in Equity and accordingly a Verdict is given for the Plaintiff And the Defendant preferreth his Bill into the Chancery and therein alledgeth all that is true and somewhat more to make his Bill hold and if the Plaintiff at Law get Judgement entred before the Bill come in which may be had the first week in the next Term after the Tryal there is an end of the Suit the poor man hath had Justice Summum Jus that is the extremity of the Law which is Summa Injuria and his Adversary hath Execution against him for the Twenty pounds Penalty and Eight pounds for Costs which is given in nature of damages This he Defendant must pay or lie in Goal and the Law as it is Justice in conceit cannot relieve him Well the poor man hath it may be got a Reprive upon preferring his Bill the Plaintiff at Law is either in Contempt or prayes a Dedimus Potestatem to answer in the Countrey or it may be in his Answer confesseth part of the Money paid or else that the Bond is ancient Hereupon the Complaint in Chancery obtaineth an Injunction and in short goes to Commission and brings the Cause to Hearing and hath a Decree That the Plaintiff paying the Interest which may be some thirty shillings and Costs which may be five Marks besides the aforesaid Eight pounds the Defendant who was Plaintiff at Law shall acknowledge satisfaction of the Judgement and deliver up the Bond. The Decree is inrolled and the Defendant served with a
the entry accordingly of persons acting and things done but nothing really except the parties coming to the Bar to do they know not what This is meerly a device or fiction to deceive and scrue morny from the people the very fees come to almost four pounds besides the fine upon the Alienation which is according to the value of the Land taxed by the Commissioners if above 40 shillings by the year it may be from 6 shill 8 pence to 20 pounds lesse or more All which might be saved if all mens estates were made fee-simple and the Statute de Donis Conditionalibus replealed or that the making of a Feoffment which is done by livery or the Inrolment of a Deed might discontinue the intail and Bar the Remainders In the mean while this Common recovery in regard of the expence is an oppression and the formality or rather subject matter of it being nothing but lyes whether Jocosa officiosa or perniciosa is against the Law of God Col. 3.9 Levit. 19.11 Rev. 21.8 Rev. 22.15 2. That Errours in Judgments and proceedings in the Upper-bench the Action being brought by Original should not be heard and determined but before the (b) Wingat Law cap. 47. pag. 89. N. 10. King or Lord Protector and Lords in Parliament seems to be a hard Law and at best is a Tedious and expensive way and so an oppression to the people and against the Law of God Ezek. 18.8 1 Thes 4.6 Isai 33.15 Prov. 22.16 3. (c) Westm 2. c. 1. Stat. de Donis Condit 27 H. 8. c. 10. Statute of Vses Châ—dlyes Case Coke l. 1. fol. 121. Intails upon the heirs males of a mans body with remainders over to brothers and after to strangers of the name to the disinherising of ones own Daughter having no Son is sinful and against the Judgment of Almighty God immediately given in the case of Zelopheads Daughter declared with an emphatical addition That this shall be a Law of Judgment c. That if a man have no Son his inheritance shall go to his Daughter There is a Custome in Ireland that all Lands which have not come to the Kings hands by surrender escheate Attainder or forfeiture The eldest Son of the house shall enjoy the same during his Life and then the second and third if there be so many Brothers before the heir in Lineal descent This is called the Custome of Tanestrie and the same grew by reason of their Civill warrs not only the greatest against the greatest but even every Baron and Gentleman one against another Therefore they left their Successors of Age to defend their territories Davis Report case Tanest Ra. Histor lib. 2. cap. 4. S. 15. And the same is a Law of Common equity not one of those Judicials which only did binde the Jews in their own Land but dictated to every man by the Law of nature which teacheth that a mans own child being part of himself is more dear and near to him then a stranger and hitherto is that to be referred He that provides not for his own and those of his own House first his own Wife then his own Children and then his Servants as the rest of the househould such a one hath denyed the faith and is worse then an Infidel Then are many of the Nobility and Gentry worse then Infidels whose inheritances upon such an Atheistical or Heathenish opinion as the builders of Babel had to get them a name least they should be scattered are turned from their Daughters to strangers and little or nothing left for them upon consideration of which a wise and Religious Judge once said I would surely make such mine heir whom God makes mine heir the contrary practise is against the Law of God and nature Numb 27.7 8. 1 Tim. 5.8 4. In a Replevin no man living knoweth what is the general issue to be pleaded by vertue of the last Statute and in some cases there can be no (d) This is agreed by the Protonotaries of the Common-Pleas and the practise is accordingly Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 1. fol. 14. Judgment to have the Cattle returned and when such Judgment hath been given and the Cattle taken upon a reâ—urn habend he that took them and obtained the Judâ—ment can neither use them as his own nor sell them nor can the former owner have them again but either the Taker muâ—â— keep them at his own charge until the owner will redeem them or they must dye in the Pynfold and then the Avowant who first distreyned may distrayn again and go to suite afresh and so be put to a circuit of Action which the Law in other cases doth disallow This is a foolish and ridiculous Law and against Common right and so against the Law of God every one ought to have recompence in his suite where the Law passeth for him Lam. 3.36 59. Amos 5.24 1 Kings 10.9 Isai 59.14 5. The practise in real and mixt actions occasioning (e) Stat. 51. H. 3. concern dayâ—s in Real Act. and Stat. 51. H. 3. concerning dayes in Dower many Delayes by Essoynes Adjournments Veiw Counterpleading Colour and Dilatory pleas is a great oppression by reason of the delay and unreasonable expence besides the nicety and thereby uncertainty in the proceedings where by mistake of a word syllable or dash with a pen or coming to adjourn an hour too late the Cause may be lost this is an oppression and a meer Trap to catch men and an occasion of much injustice for who will yield to any man his right where he hath hope to foile his adversary by any such trick or weary him at Law Job 22.10 Luke 18.4 Isai 59.14 6. Trials by Nisi prius in personal Actions begun in the Courts at Westm where the plaintiffe to have amends for a trespass or battery for which five shilling would satisfie him This is Common in evâ—ry mans Practise and needs no Proof must spend before he can have Judgment neer eight pounds and the Defendent about half as much although to his ruine and he must pay the plaintiffs charges and damages which is all in nature of Damages or lye in Gaol this is a grievous Law and not to be suffered but rather such Courts of Record are to be Cherished where a cause may be tryed for 30 or 40 shillings this were more for ease of the people and more agreeable to the Law of God 1 Sam. 12.4 Isai 58.6 Isai 5.7 and 33.15 Zeph. 3.1 7. The like and much more may be said concerning tryalls at the Bar Common Experience shews this to be liue which cannot be tryed if the Jurors come but two dayes Journy under an hundred marks and commonly there is much more spent This is a horrible oppression and such courses make poor men affraid to sue for their right and great men to Trample upon the poor the same is a crying offence against God Psal 73.8 Ezek. 18.8 1 Thes 4.6 Prov. 22.16 Isai 33.15
Creatures he prohibited under a severe penalty Prov. 12.10 Deut. 14.21 Exod. 23.19 66 That Men-stealers be punished by losse of life and as the greatest Felons in the World Exod. 21.16 Deut. 24.7 1 Cor. 6.6 67 That Marriage of children without Parents consent be disanulled and Marriages with Infidels prohibited Ezra 9.14 Gen. 27.46 Mal. 2.11 Hest 1.22 Numb 30.5 68 That strange fashions and Whorish attire be prohibited by Law and all persons ordered to wear Apparel fit for their degrees and callings Zeph. 1.8 Isa 3.18.19 Prov. 7.10 Gal. 5 9. Deut. 7.3 69 That the matter of divorce be setled in the Magistrate onely in case of Adultery that Marriage likewise be solemnized in the presence of some publick Magistrate in an open place after due publication Ruth 4.9 Math. 19.9 Mark 10.12 Luke 16.18 70 That unlawfull Magick and the Rudiments thereof Judicial Astrologie and all other such wicked Arts be prohibited under severe punishments Deut. 13.1.3 and 18.10.11 Ezech. 21.21.22.23 Dan. 2.2 Jer. 10.2 71 That Heirs may be bound to pay the Debts of their Ancestors after the Lands which descended be sold as well as before so far as the Land extends and that an Action of Accompt or Debt upon contract may lie against an Executor or Administrator for the Debt or duty of the Testator so far as he hath assets 2 Kings 4 7. Prov. 22.26.27 Rom. 13.8 72 That the Processe in all Cases of Suite be onely a Summons which being duely served if the Defendant refuse to appear or shew not sufficient cause to the contrary the Plaintiffe may proceed to his proof and so to hearing or trial as if the Defendant had appeared Numb 16.11.14.28.32 Deut. 25.8 Hest 1.10.11.19.21 73 That no man have final Judgement against him by default without proof in any Case be it never so small unlesse the party accused do at the time of the Judgement openly confesse the fact Numb 35.30 Deut. 17.6 1 Kings 8.31 74 That common lyars and Inventers of false news slaunders may be punished as disturbers of the peace Psal 101.7 Prov. 26.20 Levit 19 16 75 That the Superstitious and Paganish names of the moneths and dayes be changed and called by the names of first socond and third c. according to the Scriptures Levit. 20 23. Exod. 12.2 Deut. 12 3.4 Genes 7.11 Genes 1 5. Ezech. 32.1 Psal 16.4 Exod. 23.13 76 That the body of the Law may be collected into a volume that it may be known to the Supream Magistrate and to the Judges and the people 1 Sam. 10.25 Deut. 17.18.19 Exod. 20. from verse 3. to the 9. verse of Chap. 23. Hester 1.19 77 That all the Tythes and Gleab Lands with other things called Church dues may be sold and that a more fit and lawfull maintenance be provided for the Ministers of the Gospel Hebr. 7.9.12 1 Cor 9.7.8 9 12.14 Gal 6 8. 78 That no Monarch or Supream Magistrate may usurp that Impious priviledge to pardon murder if ever any such pardon should be granted in any age hereafter the same may be declared void Numb 35.31 Levit. 24.17 Exod. 21.12 Jam. 4 12. Prov. 28.17 79. That some course may be taken by a Law for ballasting the Trade of the Common-wealth and for relief of the Inland Cities and Towns of the Nation 2 Cor. 8.13.14.15 Exo 16 18 Josh 13.32 80 That Godly learned men may be incouraged to labour the conversion of the Iews and to that end to learne the Portugal's and Italian tongues that they may be able to preach to them for that in most part of the World they understand those Languages Rom. 11.25 26. Isa 43.6 and 59.20 and 60. whole Chap. Rev. 81 That interest of money be not suffered to run or be exacted upon poor people which borrow for their necessitie for food and cloathing or grow poor by the hand of God Neh. 5.10.11.12 Exod. 22 25 26 27. Levit. 25.35 36. 82 That all Laws which upon examination shal be found repugnant to the Laws of God or oppressive to the people may be repealed Mich. 6.16 Psal 94.20 Isa 10.1 2 3. 83 That Guards of Souldiers and Armes are necessary and to be used for safety of the Common-wealth and of the Princes person 1 King 1.38 2 Sam. 23.8 to the end 2 Sam. 20.23 2 Kings 11.8 2 Chro. 23.7 10. FINIS ERRATA IN the Epistle pag. 2. lin 5. add he before little lin 13. for of read and. pag. 13. and pag. 16. in the Margents for Cok. read Cock pag. 49. lin 19. for chuse read cheat and lin 20. for use read trust pag. 56. lin last save one for deductions read dedications pag. 61. lin 14. for habâ—ntes read habentis pag. 63. lin 21. add help pag. 87. lin 2. for fined read feigned pag. 106. lin 2. for maney read money and lin 6. add it pag. 108. no. 3. add been and for started read sterved pag. 109. lin 1. for excrementious read excremâ—ntitious pag. 114. lin 4. add on lin 6. put out some pag. 116. lin 18. for were read was pag. 117. lin 8. add of pag. 123. lin last for Judges read Indiâ—s pag. 121. lin 12. for Balington read Babington pag. 128. num 22. for seeing read seeming pag. 131. num 29. lin 9. add but. pag. 132. lin 1. add punished pag. 133. for in estate read intâ—statâ— â—ad lin 8. add nor ead num 35. lin 6. for some read come pag. 135. num 39. lin 10. for purâ—ly colouâ—ed read paâ—ty coloured pag. 139. num 40. lin 8. for counsels read Consuls pag. 140. lin 14. for Ciâ—y read Citiâ—s pag 145. lin 3. add l. pag. 146. lin 16. add noâ— pag. 148. num 1 fo Summe read Summons Scripture-Groun num 46. to be to be read before brought up
Bishops could do or procure without the help of the Judges 1 Cor. 8.12 Joh. 16.2 3. 1 Pet. 2.19 Jer. 38.6 51. The Law concerning Heriot-Service where Heriots multiply insomuch that if a Tenement be divided into twenty parts he that hath but a Foot of Land shall pay a Heriot (f) Kitch f. 134 44 Ed. 3. Fitz. 1 Custom Corley Com' Wai ' Case between L. Brook and Sewal Cowel Inst l. 2. Ti. 3. S. 31. p. 129. that is his best good or beast or the second as the Custom is The Lord doth usually till on the Tenants and takes 5 s. or 10 s. for a Heriot where a man pays Five or Six but if the Tenant cross the Lord he can take the utmost according to the Rule above-said This is a great Oppression Isa 33.15 Exod. 1.13 14. Levit. 25.46 (g) Bodin Rep. l. 2. p. 202 This Tenure was first created and payable by Souldiers who had Lands given them by the Conquerours in England and many other Countries long since and is worthy to be abrogated 52. That great (h) 25 H. 8. c. 22. Cock Engl. Law p. 4. Jun. Brut. vind p. 49. Laws Geneva p. 12. Claiming Offices by Descent is condemned and rejected by the French and several Decrees made against it In the Records of that Court one solemn Decree appears Anno 1272. Bod. Rep. l. 3. c. 5. p. 331. The Israelites before they had a King in time of Warre chose them a Chiâ—ftain such a one as God had stirred up to save them and to him they gave Regal power Idem l. 3. c. 7. p. 363. Offices of Rule and Trust requiring great abilities and especiall graces for the execution thereof should be Hereditary or by Succession seems to be against the current of Scripture Moses sons ruled not but Joshua succeeded for that such as have been special Instruments to save or deliver the people as Moses Joshua some of the Judges David and others were especially designed of Almighty God for Government and others were appointed and elected by the People who were to be such as are described Exod. 18.21 Psal 89.20 1 Sam. 10.12 13 21 24. 1 King 19.15 16. Deut. 17.15 It 's said of Augustus Caesar That he never commended his sons to the People for Government but with this Clause added thereto If they shall deserve Suet. Tranq in vita August Caesar Grot. Pol. Max. part 1. cap. 3. pag. 20. Godw. M. A. lib. 5. cap. 5. Willet Hexa in Exod. 18.21 22. Qu. 21. Hos 1.11 (i) Idem l. 4. c. 1. p. 412. Hank Right dom l 2 c. 6. p. 37. This Succession is judged to be the cause why there are so few good Rulers and Magistrates 53. Tryal by a Jury is no Scripture-way and as now things are generally practised As a man is friended his Cause is ended In ordinary Cases the Jurors are of the meanest of Free-holders both in Understanding Credit and Estate and for the most part such as will give the Bayliffs nothing to excuse them Anciently they were to have (k) 8 H. 6. c. 9. 1 H. 8. c. 8. 23 H. 8. c. 13. 35 H. 8. c. 6. 40 s. per an of Free-hold afterwards that 40 s. was raised to (l) 27 Eliz. c. 6 Four pounds yearly Now in cases of Titles and other business of any considerable importance the Jurors are privately dealt withal and although no more can be proved but that (m) Cock Eng. Law p. 45. such a man desired them to appear and do their conscience which is justifiable yet many times the Jury know the matter in question beforehand sufficiently and one side or other is confident of the Jury if such and such leading men appear and they know who will give them the best reward or are like to prove their best friends If the Judges were such as the Scripture holds forth That they should be able men men of truth fearing God and hating Covetousness there were no need of such poor-conâ—ition'd fellows as many times they are to be Judges as these are in all matters of Fact between Cause and Cause which I take to be an offence against God Cock Essay p. 138. the Jurors wanting the qualifications of Judges that the Judges and those which ought to be Judges delegate their power to others and do not judge all Causes themselves (n) Plow Com. f. 231 a. Anciently there were a Jury of Judges in the Upper Bench and Common Pleas that is Six in each Court who used to meet together to declare the Law It is the pride of man to judge onely matters of (o) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 1. f. 58 a b. 9 H. 6. 38. 14 Eliz. 410. Law and to let matters of Fact to be tryed that is judged by the Jury who may also try the matter of Law if they will The Jews had a righteous Law from GOD which was That the Nasi or as the Grecians call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prince or King for so Moses was called should judge all (p) Augustus and Tiberius did observe this Course Hawk Right of Dominion pag. 55. Ex. Bodin Sueto Tranq the hard causes and the Judges should judge the rest without any Juries The Jews had the great Court of the seventy Judges or Sanhedrim (q) This fulfilled that prophesie Gen. 49.10 Godw. W. A. L. cap. 1. pag. 4. lib. 5. cap. 5. p. 213. Num. 11.16 continued from Moses until Christs time when they were put down by Herod the Askalonite they had also two other Courts for tryal of smaller matters the Sanhedrim although they usually sat at Jerusalem Yet many times they divided themselves and did sit in five several places for the ease of the people although all the Land of Canaan which the Jews had on this side Jordan was not above 100 miles in length and 36 miles in bredth The next (r) Godw. M. A. L. 5. c. 4. pag. 210. 111. 212. Court consisted of 23 Judges which sate in the Gates of the several Cities every City having such a Court. The third Court consisted of three Judges which judged the smaller matters in every Village (Å¿) Godw. An. Rom. lib. 3. Sect. 4. cap. 20. The Graecians and Romans had their proceedings in causes criminal and civil and personal much like unto the Jews and in case of life and death the whole Court of Judges sate who were more in number then the Jews Sanhedrim and the Judges (t) Rous Att. Ant. pag. 110 112 118 125 126. were sworne where there was a Law to Judge according to that Law and where there was none to Judge according to equity and conscience The Chief Justice or President amongst the Graecians was called Basileus in Imitation of Moses who was the first chief of the Sanhedrim And if the heathen by the light of nature thought good to receive these laudable Customes and Laws from the people of God why
is repeated twenty or fourty times at one Goal-delivery if there be so many Prisoners arraigned God send thee a good deliverance (z) Perk. on the 2. Com. vol. 1. pag. 38. col 1. This formality or rather superstitious profaneness in Prayer wherein the Holy name of God is used so lightly and accustomarily being pattred over as the Papists patter over their Pater Nosters Ave Maries and such like upon their beads without either fear or wit In Imitation of whom we have this and all other forms of Prayer devised by man This is against the Holy Laws of God which forbid 1. Profane using the name of God 2. Superstition in so applying this form of Prayer 3. Vain Tantalogies as if the very repetition of it were effectual for some good purpose being used without reverence or devotion Matth. 6.7 Rom. 12.11 12. James 5.16 Jer. 12.2 Isa 29.13 14. 21. That Law accounted amongst the Laws of Merchants that Accounts made up between Merchants or other Tradesmen Barker against Nayler and Townsend in Chancery Anno 1654. and signed under their hands and allowed Errours Excepted as the form is should not again be examined although there be palpable or Errours wilful mistakes seems to be a hard Law It 's true that suits upon Trivial supposed mistakes are not to be incouraged but where Errours are of great concernment to mens estates and clearly proceeding from injustice such Accounts ought in Equity to be examined Although now in such case the wrong'd party hath no remedy either in Law or Equitâ— It were fit some honest able men were appointed to Determine Accounts in such cases to avoyd wrong and oppression amongst Merchants and Tradesmen Isa 58.6 Isa 1.17 Job 29.15 16. Lam. 3.35 36. That Golden Rule of our Saviour over-ruleth all things of this nature Whatsoever ye would that men should do unto you the same do ye to them Matth. 7.12 CHAP. XIII That the general Execution of the Law as it 's now seated and practised at Westminster is a Common oppression to the whole Nation First it is to be premised which cannot be denied that by the Ancient Law of the Land no Action could be brought at Westminster out of the proper County I do not mean in respect of the Ven. or place for triall but in respect of the beginning continuance and end of the suite all being done at home except the matter in question were of the value of forty shillings or more By the Statute of Gloucester (a) 6 Ed. 1. cap 8. anno 12â—8 Cook Inst 2. part p. 311. aâ—d 312. Ex. Briton c. 28. fol 61. which is taken for granted to be in affirmance of the Common-Law It is ordained that no man shall have a Writ of trespas for goods taken unlesse he swear that the goods taken away were worth forty shillings and all such causes where the (b) Powels Cou r Leet fol. 12. 13. matter in demand was under forty shillings were anciently determined in the County Court Hundred Court or Court Baron of the Mannour where the cause of Action grew then were not the Courts at Westminster stuffed with such a world of frivilous and triviall suites as they have been in this last Century especially the last fifty years for then I mean an hundred years since began those Courts to fill and ever since have swelled and the Courts of Record as well as those Court Barons above-named in the Counties and Cities have decayed and in many places grown out of use It 's written that in King Hen. 8. his Reign who died but 110. years since there were some dayes in the Terme when there was not one cause heard or so much as any motion in some one Court at Westminster And that about the tenth year of Queen Elizabeth there was but one Sarjeant namely Sarjeant Bendloes at the Common-Pleas Bar which is a strong presumption that the businesse was little or else there would surely have been more Sarjeants created before the residue had died 2. And if it be considered what proportion forty shillings in money in King Edw. 1. his time when the Statute of Gloucester was made bears with many in these dayes no one will wonder that there were few causes in Westminster Hall when all under that value were dispatched in the Country I take it to be clear that forty shillings then was as much in value in respect of the use and benefit of as forty pounds have been since and that forty shillings would then have bought as much Lands goods or Commodities of the growth of this Nation take one Commodity with another as forty pounds would have bought fourteen years ago which doth appeare thus (c) Cooke Compl. Copieholder Sect. 25. p. 36. twenty pounds by the year was in the dayes first above mentioned held (d) Cooke Com Littleton L. 2. Sect. 95. fol 69. Camdens Britan. p. 136. Westm 1. Compared with Fitz. N. B. fol. 6â— Lowes Case l. 9. fol. 123. sufficient to maintain a Knight and that is a Knights fee they that accompt it by the quantity say that it contains eight hundred Acâ—es all conclude it to be between six hundred and four-score and eight hundred Acres whose accompt is the least so it hath been lately reputed within thirty miles of the middle of England where commonly Lands are valued at ten shillings the Acre by the year being neither Forrest Heath Waste nor course arrable ground and as much above that rate as under According to this accompt twenty pounds by the year at twenty years purchase comes to 400. l. and eight hundred Acres at ten shillings the Acre comes to 400. l. per annum which at twenty years purchase comes to 8000. l. which is for every twenty shillings twenty pounds then add to this that money it self is raised (e) Cooke Inst 2. part p. 311. from twenty pence to five shillings the ownce and above and the native Commodities of the Countrey are raised as much as Land It's Reported by Stowe (f) Stowe Annal. in the life of H. 2. pag. 154. in his Chronologie out of the black book in the Exchequer that Anno 1175. a measure of Wheat to make bread for one hundred men was valued at one shilling the carcase of a fat Oxe at one shilling a fat Sheep at four pence Provender for twenty Horses at four pence and I finde in an old Manuscript of good credit that Anno 1372. a quarter of Wheat was at two shillings and a fat Oxe at six shillings eight pence and if credit may be given to such as have died in this age such a beast as twenty years since was worth five pounds might have been within an hundred years (g) It s proved by many instances that within one hundred and seventy years past Lands have been raised in France and the Countreys adjacent twenty times dearer than they were and Fruits and Victuals raised near the same proportion Bodm Republ. l. 6. cap. 2.
together yet sometimes it cometh to passe that they slash cut and wound one another in a fearfull manner this is a wicked custome taken from the Heathen and against Gods Law and some Law ought to be provided against it Some of the (t) Godw. Ant. Rom. l. 2. sect 3. c. 10. p. 9â— 99 100. Heathen have restrained this wickednesse and (v) Sympson Chu Historie Life of Constantine p. 61. Constantine the first Christian Emperour utterly put down and prohibited the same It was Abner the General of that wicked rebellious Absolom who first set up this cruelty under the pretence of play or sport 2 Sam. 2.14.16 26. There is no Law against Idolatrous Pictures and Images of which the Picture of Christ as is pretended is the most common this and such like Pictures are unlawfull as being teachers of lyes Willet in Exod. 20. 2 Com contr Ex Uysino Vrsinus condemnes them upon this ground because Christ being both God and man the Image must needs be a lying Image because it cannot represent the God head whom no man hath seen nor can see 1 Iohn 4.12 Deut. 4.15 Li. Assisse 19. pl. 2. 32. H. 8. cap. 38. 2 Ed. 6. 23. 27. Neither is there any course setled about divorce which is to be done by the Magistrate nor is it declared for what cause there may be a divorce at the Common-Law there were many ridiculous causes of divorce which were taken away by the Statute of 32. H. 8. formerly spoken of (w) Cook Comm. Littleton Li. 3. Sect. 380. p. 235. Cook l. 6. fol. 66. and li. 5. foâ— 98. b. and divers unjust causes of divorce yet remains since that Statute The power of divorce was then left in the Bishops and their Courts (x) Wison Histor Britan. pag. 68 69. Adultery by our Law doth not dissolve Maâ—iage A vinculo Maâ—rimonii but only à Mensa Thoro. but these de causa 1. Praecontractus 2. Metus 3. Impotentiae sive frigiditatis 4. Affinitatis seu consanguinitatis are still causes of divorce and dissolve the vâ—ry bond of Mariage Cook Ut sup Junius in Deutr. 24.1 3. Matth. 19.9 Amesius l. 5. de conscientia cap. 38. fol. 371. The baudy Bishops allowed causam frigiditatis to be a sufficient cause of divorce in the case of the Noble Earle of Essex and declared his Marriage a nullity upon that ground There ought to be some other settlement that place seeming to give liberty for divorces Deut. 24.1 2 3. is not to be read positively let him give her a Bill of divorce but hypothetically If he give her a Bill of divorce that is cleared by our Lord Christ Math. 5.32 Luke 16.18 28. That there is no Law against lying except it be for telling false news of Counsellours of State and great men Insomuch that I have known when a fellow hath been the onely material witnesse in a cause and by his means the Suite hath been prosecuted having affirmed he would testifie thus and thus when the cause came to Tryal this witnesse swears the clean contrary (y) The Law of the Romans called Talio that such a witnesse should pay what the Plaintiff by means of his falshood is adjuged to pay might justly be inflicted upon suâ—h a witnesse and the same is agreeable to the Law of God Exod. 21.24 Lev. 24.20 Bodin Republ. l. 40. p. 470. and being asked at the Bar if he did not say such and such words contrary to that he swears he hath impudently answered or the Counsel hath answered for him that he did formerly but discourse with the party to please him because he was earnest with him but now he is upon his Oath he must and doth speak the truth And yet no punishment was ever inflicted upon such a knave for his lies Levit. 19.16 Prov. 18.21 Iam. 3.8 Raising of lyes and false rumours are prohibited by the Laws of Geneva pag. 32 37. 29. There wants a Law to supprâ—sse the Rudiments of unlawfull (z) Perkins 1. vol. com p 43. Deut. 13.1 3. aâ—d 18.10.11 Magick and (a) Tit. Livius l. 8. pag. 294. and lib. 39. p. 1033. C. Wizards and fortune tellers sevâ—rall times banished by the Romans and thâ—ir bookes burned seâ— the place last above mentioned Tac. Annal. l. 2. c. 8. p. 43. and Hâ—st Tac. lib. 1. c. 4. p. 16. observation of Heathenish customes and for surppressing of books of Magick Conjuring Judicial Astrology and many other Devilish Arts and usages now very common in England which prepare men for consultation with the Devil and bring them within the compasse of Wich-craft before they be aware I could name many of these Tricks and Devices and tell the Authors who discover them some to good ends and some to bad ends that I suppose they are too well known already and it were well such things were wholly concealed and the books burned as the same kinde were by the converts Acts 19.19 Although they were prized at 50000. pieces of silver which is of our money at least eight hundred pounds and surely they would never have been burned if they had been of any use or might have been lawfully kept It sufficeth to know that they are against the Law of God and invented by the Devil and his Agents to drive a man from belief of Moses and the Prophets and to turn men from God Now Astrology Judicial is in great credit almost as much as it was amongst the Heathen Babylonians Graecians and Romans but in many things hath neither (b) The Heatâ—en Romans had then good dayes and dismall dayes as the Astrologers have without any ground or reason at all two of the most famous dayes were the 16. and 18. of July Tit. Liv. l. 6. p. 217. A. B. foundation in nature or reason much lesse in the Law of God but these Astrologers judgements are meer conjectures grounded upon the opinions and sayings of Sorcerers Conjurers and other men like themselves the whole Judicial part of Astrology being condemned by the Learned as the (c) K. Ja. Daemonol l. 1. c. 4. p. 13 14. Perkins ut sup p. 44. Furius Scribonianus was banished for consulting which wizards and Calculators of Nativities Tac. Annal. l. 12. cap. 11. pag. 171. Root of many Devilish Arts and hath been prohibited by some of the (d) Sueton Trang in vita Augusti Caesaris Sect. 31. Idem in vita Tiberii Sect. 56. in vita Auli Vitelii Sect. 14. Heathen Roman Emperours and their books likewise burned and Astrologers And these Astrologers are reckoned with the Southsayers and Conjurers in the holy Scripture Dan. 2.2 Jer. 10.2 Isa 8.19 20. 1 Jam. 4.14 (e) Wall on 1 Corint 2.2 Ex. Pico Mirand The Astrologers attribute those things to the Stars which belongs to God alone To Conjecture of mens fortunes ends vertues vices c. by the Stars is impious and who seeth not but that these deceivers are ignorant of what shall befall themselves
most communion with God and were best instructed did in matters of Law and Justice in these respects 2. And then we will consider what the Gentiles did by the light of nature and reason or rather what they had gathered from the Laws of Moses not so much because they were the Laws of God as because they were the Laws of a wise Law-giver and of a wise people for that the wise of the Heathen Gentiles and the Philosophers Poets who were accounted their Prophets had knowledge of Moses his writings there is nothing more clear by many passages in their books and the very Laws of the Heathen themselves in many particulers suit with the Judicial Laws of Moses Concerning the Jews I have set it down before in this Treatise that upon occasion of Jethro his wise Counsel their (b) Exod. 18.21 22. first Judges and Rulers of all sorts were instituted and afterwards the Court of (c) Numb 11.16 17. Wâ—llâ—t Hexe in Exod. c. 18. ver 21 22. quâ— 19.20 21. Deut. 1.15 16 17. seventy which was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Senate of the Jews was appointed by Almighty God This was the great Court or Judicatory of the Jews and consisted of three-score and (d) Bodin de Republ. lib. 1. pag. 57. ten persons most eminent in their Tribes and the President which was Moses or as others say three-score and twelve that was six out of every Tribe however they were called the seventy as were the Interpreters of the Old Testament who translated it into Greek bearing the name of the Septuagint although they were seventy two This Counsel of the Jews heard and determined generally all controversies according to the Laws of God and if a cause were too (e) Exod. 18.22 hard for them by reason of the want of a particular positive Law (f) Numb 27.1 2 5 7 8. Godw. M. A. l. 5. c. p. 209. Willet Hexa in Exod. 18. ver 22. qu. 21 22. as the Case of Zelopheads daughters then they came unto Moses (g) Alfonsus the tenth K. of Spain commanded his Judges to come unto the Prince himself as often as there was nothing written in the Laws of their own Countrey concerning the Matter in question Bodin Republ. l. 1. c. 8. p. 108. who enquired of the Lord and received direction from him and according to the minde of God the Case was Judged instead whereof we have now the written word of God compleat Besides this the Jews had another Court which dealt in Criminal and pecuniary causes consisting of three and twenty Judges and this Court was subordinate to the Sanhedrim And thirdly they had another Court which consisted of three Judges which was subordinate to the other two Courts The Sanhedrim sate commonly at Jerusalem and was sometimes divided into five parts and sate in five several Cities The Court of three and twenty sate in the several Cities and were a standing Court every (h) The Romans had such a Court in every Citie Tac. Annal. li. 1. c. 3. p. 5. Citie having such a Court these the Jews called Councils and of these our Saviour speaks when he saith (i) Math. 10.17 They will deliver you up to the Councils The third Court or Court of three was in every Town or Village and dealt in ordinary and smaller matters And by this we see that the Jews were not forced to go far for Justice but had it near them at all times and (k) Mercat Atlas descript Holy Land pag 839. Jerusalem it self was not above fifty miles from the Confines of the Land of Canaan in the length of it and not above twenty miles from the Confines in the breadth thereof and yet the Jews had not all that in possession And in the next place in imitation of the Jews (l) Rous. Att. Ant. l. 3. c. 1. p. 108. Bodin Republ l. 3. pag. 263. the Grecians at Athens had a Senate consisting of four or as some write five hundred persons which was the great Council of the Citie and Common-wealth and upon weighty occasions all these or as many as would sate in judgement (m) Idem Att. Anti. l. 3. c. 1. p. 125 126. There was another Court called Ariopagus consisting of the number of three-score of the wisest and most grave Citizens of which the President or Chief Justice was called Basileus that is King and they had cognizance of matters of life and death and Criminal causes and other things of great concernment Then they had also another Court which heard and determined matters by way of (n) Idem l. 3. cap. 3. Sect. 4. Thâ—se were like the Jews Courts Godw. M.A. lib. 6. c. 10. pag. 294. Willet Hexa in Exod. c. 18. v. 25. q. 26 27. Compromise and there was not any cause if it exceeded in value ten Drachma's which is but fifteen pence of our money the Attick Drachma being but one penny half penny but it past these mens hands before it might be admitted into any Superiour Court. In like manner the Romans and likewise the Lacedemonians agreed with the Athenians for the most part in respect of their Courts and Judicatories The Romans had three Courts †Sueton. Tranq in vita Julii Caesaris Sect. 41. untill the third was put down by Julius Caesar and afterwards Augustus other Emperours appointed a privy Counsel of twenty of the chief of the Senate to treat of great affairs of State in private like the privy Council of England which at first were but 15 Persons instituted 450 years since 1. * Bodin Republ l. 3. pag. 262. and 267. Godw. Ant. lib. 3. sect 4. cap. 20. The Romans in their Suits proceeded in this manner 1. They obtained a summe of course 2. They asked leave to enter their Plaint or Action 3. Then the Action was entred if it were allowed of by the Court. 4. Which done both parties put in pledges either in money or gave security the one to prosecute the Suite and the other to abide the Judgement The proceeding at Geneva is much like the Romans one Court or other sits almost every day and the causes judged in three weeks or a moneth usually Laws Geneva p. 17 18 19 20. The third Court day regularly the Cause was heard and Judged if the Cause were Criminal the Praetor would not suffer the same to be entred untill the Prosecutor had sworn that he did not accuse the Defendant falsly or maliciously And when any man had killed another the Chief Justice and the whole Bench of Judges sate upon the life and death of the Man-slayer o Sueton. Traâ—q in vita Flavii Vespasian August Sect. 10. And when in the time of Flavius Vespatianus Augustus the Courts were too full of Causes that whil'st the old Actions hung still undecided new quarrels arose to increase them he chose certain Commissioners by Lot to Judge between party and party and to reduce the Causes to as small
2.42.44.46 Josh 9.14.15.18 Psal 15.4 Eccles 8.2 Heb. 6.16 33. Such as curse or abuse the Chief Magistrate or Judges are to be severely punished Exo. 22.28 1 Kings 2.44.46 2 Sam. 16.5.6.7 Acts 23.5 34. That tale-bearers contentious persons and breakers of the publick peace are to be suppressed 1 Tim. 2.2.3 Cant. 2.15 Prov. 26.20 Hab. 1.3 Levit. 19 16. 35. That no man is to be his own Judge or Avenger and therefore all such as enter forcibly or take mens possessions from them without their consent to be punished and the oppressed relieved 1 Kings 21.19 Mich. 2.2 Rom. 12.19 36. That excesse of riot in feasting and drunkennesse ought to be punished and restrained Hos 7.5 1 Tim. 1.9 Dan. 5.1.5.30 1 Sam. 25 36.37 Isai 22.13.14 37. All Estates of inheritance are to be Estates in Fee-simple and no Intails upon the Heirs Males Numb 27.7.8 1 Tim. 5.8 Gen. 23 11.17.20 38. All Estates with the Owners Pedegree are to be Inrolled in some convenient known place for avoiding strife and contention Jer. 32.11.12 Josh 14.14.15 Josh 15.89.19.20 Ezra 2.62 39. All mens Estates to be disposed of according to their Wills whether by writing or word of mouth Gal. 3.15 Gen. 48.22 Gen. 49.29 and 50.13 Heb. 9.16.17 40. The eldest Son not being guilty of any Notorious offence ought to have a double portion Deut. 21.17 1 Kings 2.15 Gen. 25.33 and 48.22 41. All younger children to have parts of their Parents Estates according to their deserts and as the Estate will bear Gen. 25.6 Luke 15.12 Josh 14.15 and 16.17 42. The Preachers of the Gospel are to have liberal maintenance that they may not be encumbred with the world 1 Cor. 9.7.8.9.11.12.14 Gal. 6.8 Luke 10.7 1 Tim. 5.17.18 43 Schooles of learning are to be maintained and godly learned men to be countenanced and encouraged Acts 19.9 1 Kings 18.4 1 Sam. 19.20 44 Lunaticks Mad-men Idiots and Infants are to be cared for by their friends and overseen by the Magistrates and the Estates of unthrifts to be managed and preserved by others for their Wives and Children Isa 49.23 Psal 78.71 72. 1 Tim. 5.8 45 That such as run in Debt shall have their estates sold to pay their Debts he that hath nothing to pay not to be imprisoned for Debt 2 Kings 4.7 Exo. 22.26 27. Luke 6.35 and 7.42 Math. 18.25 27 33 34. 46 Every man is to be enforced brought to be up to live in some lawfull calling and he that refuseth to labour not having other sufficient maintenance to be kept to work in some work-house like Bridewell Jonah 1.8 2 Thes 3.10 11. Gen. 3.17 1 Cor. 7.20 47 That all mens Demands and Complaints concerning Estates Debts Duties or Trespasses shall be made in plain Terms as the truth of the Case is Neh. 5.2 3 4 6 12. Numb 27.1 2 3 4 8 9. Acts 24.5 11 12 13. Josh 7.19 48 That the Defendants answer be plain and true without nicety of pleading or obscuring the truth Acts 26.4 5 6 7. Acts 7. the whole Chapter Joshua 7.19 20 21. 49 That all differences and Demands be heard in the prehence of the parties accusing and accused ad Judgemenâ— given before their faces if the parties be able to appear unlesse they wilfully refuse Acts 23.35 24.8 25.16 1 Kings 21.10 1 Kings 3.17.22.27 50 That no Counsel be retained for any Suters but that the Pleaders be rewarded by the State and be sworn as assistants to the Judges as indifferent men to endeavour to finde out the truth and not to obscure or overthrow it Exo. 23.2 Lam. 3.35 36. Judges 19.30 and Judges 20.7 8. Numb 22.7 17. 2 Pet. 2.15 Acts 24.5 51 That no man be admitted to be a Judge or Justice who takes any Fees or useth any Trade or dealing whereby he may be engaged to any party Exo. 23.8 Pro. 29.4 15.27 Isa 1.23 Deut. 16.19 52 That in taking of Oaths the holy name of God be invocated with lifting up of the hand without kissing the book Genes 14.22 Rev. 10.6 Jer. 4.2 53 That the matter of Clergie be exploded and instead thereof Judgement be given according to the merits of the Cause with reference to the Law of God Exo. 23.3 6 7 Mich. 6.8 Deut. 1.17 54 That the circumstances and equity of every Cause be weighed together with the Justice and matter of fact and Judgement to be given accordingly Isa 59.13.14 15. 2 Sam. 8.15 Josh 7.11 25. 55 That the poor be cared and provided for according to their necessities and such as want houses to be suffered to dwell by their rich Neighbours if they be able to provide for themselves or otherwise to be provided for by the inhabitants where they live Amos 8.4 6. Isa 5.8 Psal 41.1 2. Levit. 25.35 56 That there be a Clark or officer who may constantly attend at every Market and Fair to see that there be no deceit in weights measures or other deceits in Trading or Manufactures Pro. 20.10 Deut. 25.13 14. Amos 8.5 7. Isa 1.17 57 That the Oaths of two or more witnesses may be a sufficient conviction in Law without any Indictment Deut. 17.6 and 19.15 Math. 18.16 2 Cor. 13.1 58 That no by-Laws or Orders be made or suffered in the Common-wealth to the oppression of the younger or poorer sort of Tradesmen and others as is usually done in every Corporation Amos 4.1 2. Isa 10.1 2 3. Zeph. 3.13 59 That all Suits and controversies although popular or Criminal be determined upon hearing witnesses sworn and giving evidence on both parts as well as for the party accused as the Common-wealth and in cases where there are no witnesses that the accused's own voluntary Oath be taken for his discharge Exod. 22.9.10 11. 1 Kings 8.31 Job 29.16 Acts 26.5 Isa 43.9 10. 60 That there be Judicatories and Courts established in every Citie and County where the Judges may sit constantly in open places to hear and determine all controversies Exod. 18.13 25 26. Deut. 21.19 Prov. 31.23 and 25.7 Ruth 4.1 2 9. 61 That before any Cause be entred in any Court or come before the Judges peace be offered by the Plaintiff and that wise-men be appointed to take up controversies 1 Cor. 6.5 6. Math. 5.25 Deut. 20.10 Psal 34.15 62 That he that misprints the holy Scriptures or bindes them up false be punished according to the greatnesse of the offence especially where the Text or translation is falsified or corrupted Exo. 39.43 Gal. 3.15 Deut. 4.2 Rev. 22.18 19. 63 That such as swear by Idols or Creatures or prophanely swear or un-reverently use the holy Name attributes or word of God be severely punished Math. 5.34 35. Jer. 4.2 and 5.7 Exod. 20.7 Amos 8.14 64 That such as use Lots lightly or prophanely in sporting or gaming be punished and also such as game for money or money worth be prohibited and restrained Prov. 16.33 Levit. 16.9 65 That Bull-baiting Bear-baiting Cock-fighting and Hors-races and all other abuses and cruelty towards the