before Judges a Cause betwixt a Father and his Son Most Reverend Judges Plaintiff against the Father HEre is the Son which ought to be his Fathers Heir whom for Marryig against his Fathers Consent his Father hath Dis-inherited which is against all Law or Right both of God Nature and Man Defendant Most Reverend Judges Disobedient Children ought to have no Part nor Parcel of their Parents Estate as Lands Goods or whatsoever for it the Parents have no Duty nor Obedience from their Child their Child can challenge no Part of their Parents Estate and since he hath Married Disobediently he ought to Live Poorly or to get his Living by his Own Labour or Industry Plaintiff Most Reverend Judges There is no Reason nor Law that if one man Commit a Fault to an other that man should Commit an other to be quit with him and put the Case the Son were unnaturally Disobedient must the Father be unnaturally Cruel to be Revenged of him Defendant Most Reverend Judges Parents are the Fittest Judges of their Childrens Faults and Crimes committed against them But howsoever Parents cannot be thought Cruel or Unnatural to Punish the Crimes of their Children no more than God can be said to be Cruel or Unjust to Punish Sinners for God who Made Creatures may do what he Pleases with them for being his own Work he may Dispose or Order them as he Thinks best or as he Pleaseth So Parents that Begot their Children may do the like in things concerning themselves Plaintiff But God is Mercifull wherefore Parents ought to be Natural Defendant God is Just and therefore Children ought to be Dutifull Plaintiff But if God Should Punish his Creatures according to their Desert no man would be Saved Defendant And if Children should do what they List there would be no Government for Parents would be made Slaves and their Children Masters so if God should not Punish Some of his Creatures All would be Damned and to make up the Fulness of their Sins they would Despise his Love and not Fear his Power and so they would neither Love nor Fear God so Children would have neither Duty nor Obedience to their Parents But to prove it a Clear cause his Estate is free from all Intails and wholly in his own Power to Dispose of it as he Pleases and to Give it to whom he will and therefore his Son can Challenge nothing by Law or Right SPEECHES TO The KING in Council PART V. A Privy-Counsellours Speech to His Soveraign Dread Soveraign HEre are many of your Noble Subjects chosen out to be I can not say Privy-Counsellours by reason there be too many to keep Secrets of State which shews we are rather Counsellours for Form than for Business Counsellours in Name rather than Counsellours in Nature Wherefore we shall not need to trouble your Majesty or our Selves the one to Hear the other to Speak long Orations or tedious Speeches for should we Speak we should rather speak like Fools than Wise men by reason we are not acquainted with your Majesties Cabinet Designs or Intrigues and so being your Majesties General and not Particular Counsellours must needs speak at Randome Wherefore we beseech your Majesty not to Censure our Judgements but our Ignorances in not knowing your Majesties most Private as Cabinet Desires Designs and Intrigues A Petition and Plea at the Council-Table before the King and his Council concerning two Brothers Condemned by the Laws to Dye May it Please your Most Sacred Majesty I Am come here to your Majesties Council-Table to Plead the Cause of two Brothers whose Cause hath been Heard Judged Cast and Condemned by the Judges of the Laws of this Land and must suffer Death unless your Majesty acquit or Pardon them Indeed their cause is Hard for they were Forced either to Offend the Laws of Government or the Laws of Honour the Laws of Government threatned Bodily Death the Laws of Honour threatned Infamy and being Worthy Persons they chose rather to Venture Life than to Live Dishonourably But their Crime or it may rather be called their Justice which the Laws of the Land have Condemned them for is for Killing or rather Punishing their Sister for the Impurity Immodesty Dishonesty and Dishonour of Inchastity which was an Offence to the Gods a Reproach to her Life a Disgrace to her Race a Dishonour to her Kindred and an Infamy to her Family As for the Sin they past that by to be Judged of by the Gods her own Reproach they regarded not the Disgrace of her Race they indeavoured to obscure But as for the Dishonour to her Kindred and Infamy to her Family her Brothers were resolv'd to Wash off the Dishonour with her Blood and to Rub out the Black spot of Infamy with her Death which Resolution they put in Execution forcing a Surgeon to open an Artery Vein through which she Bled to Death Besides had they let her have Liv'd the Laws of the Land would have Punished her which would have been a Double Dishonour and a Recorded Infamy receiving as much Dishonour by her Public Punishment as her Private Crime Wherefore to prevent as well as to take off all Disgrace they were her Executioners by forcing the Surgeon to strike an Artery a very Easie Death for so Great an Offender but the Natural Affections from Brothers to a Sister did desire she might Dye with as Little Pain as might be Now Dead she is and they Condemned to Dye for her Death unless your Majesty will Pardon them and it will be a Gracious Act to pardon VVorthy Men such men as preferr'd Honour before Life A Speech of one of the Privy-Counsellours which is an Answer to the former Plea and Petition May it Please your Majesty TO give me leave as One of your Council to Answer this man As for Parents to Kill their Children for Children to Kill their Parents for Brethren to Kill each other and Sisters their Brothers or Brothers their Sisters or Neeces or Nephews their Uncles or Aunts or Uncles and Aunts to Kill their Nephews or Neeces or Cousin Germans is Unnatural or to be the Cause of their Death is Unnatural I may say a Great Sin in Nature VVherefore these two Brothers that were the Cause indeed the Actors in effect of their Sisters Death have Sinned against the Gods Nature and the Laws of good Government for which they Deserve Punishment both in this VVorld and in the VVorld after this Life And as for that which is called Honour it is but the Opinion of some men a meer Fancy not any Real Good only a Name to perswade men to do Evil Actions as to Fight Duells to make VVarrs to Murder Friends nay to Murder Themselves all which is against Gods Mens and Natures Laws which is Inhuman Uncharitable Unnatural and Impious The Petitioners Reply Most Dread Soveraign SInce your Majesty is pleased to hear the Sutes of Humble Petitioners and the Causes of Pleaders and the Defences of Condemned Persons as
Eat and Eat more than you have Appetite you are like Misers in your Feeding stuffing your Stomacks with Meat as they do their Trunks and Baggs with Money and the Superfluity of meat Destroyes the Gluttonous Eater with Surfeits Thirdly your Adorning or rather Deforming your selves in Antick Fashions and Toyish Vanities which sheweth your Heads to be Brainless and sometimes your Purses to be Moneyless for Spending so much on your Backs you cannot Keep any thing in your Coffers nor for your Necessary use Fourthly your Idle Visits and Unprofitable Discourses wherein is more Words than Wit and more Time lost than Knowledge gain'd for you become more Ignorant with Talking than Learned with Contemplating for Brains are not Manured with Foolish Discourses but Wise Considerations Lastly your Numerous Trains which are Unprofitable Servants being maintain'd for Shew and not for Use they Spending much and doing little Service is the Cause not only of great Disorders but the Ruine of many Noble Families The Short is you Drink to be Drunk Eat to be Sick Live to be Idle Spend to be Poor and Talk to be Fools Thus you Lose Time Waste your Estate Trouble your Minds and Shorten your Lives Living with more Cost than Worship and more Worship than Pleasure for you are Stewards for your Servants Hosts for your Guests and Slaves to your Vain Humours An Oration Contradicting the Former Noble Citizens THe Former Oration was against the Lawfull Delights and Pleasures of our Citizens nay of all Mankind which Expresses the Orator either to be so Poor of Means as he Cannot Attain to such Delights and Pleasures or that his Senses are Imperfect as not Capable to Receive them or that he is of so Evil a Disposition as to Desire all men to be Miserable or that he is a Fool as not Knowing how to Speak or Live wisely whereas had he Spoken against Hurtfull and Destroying Vices he had Spoken as a Good man ought to do for Vices are Vices no otherwise but that they are Hurtfull or Destructive to Mankind which makes them Vices for the Gods Forbid them because of the Evil Effects as Drunkenness which Disorders the Reason Distempers the Brain and Obstructs the Senses making men Senseless or to be as Mad and causes oftentimes Quarrels Wounds and Death at least Breaks Peace and makes Enemies of Friends besides Drunkenness makes men Sick and is apt to Shorten their Lives all which makes it a Vice and so a Sin But did Drunkenness cause no Evil Effect it ought not to be Forbidden nor could it be accounted a Crime The like I may say for Gluttony for would men Eat only to Please them and not so much as to Disease them it would be no Fault to Eat well or to Please their Palate but it is the Surfeits Sickness and oftentimes Untimely Death that makes Gluttony a Vice and for Adultery it would be so far from a Crime as it would be a Virtue in the Increase of Mankind were it not for the Loss of Propriety in that no man would Know his Own Child nor be sure to Injoy his Own Wife or that Woman he makes Choice of As for Theft and Murder they are not of that Sort to be named Vices only but Damnable Sins wherein can neither be Society Safety nor Security of Life for Thieves and Murderers indeavour an Utter Destruction without Mercy or Remorse Wherefore since Vices and Sins are Vices and Sins for their Hurt and Evil Effects those things that are call'd Vanities which produce Pleasure and Delight without Death and Destruction ought not to be Spoken against for Vanities are Profitable to the Poor and not Hurtfull to the Rich But yet Moralists and Divines Plead Preach and Write Rail and Exclame against all Honest Harmless Delights and Pleasures as if they were Sins to God and Nature as if Nature and the God of Nature should make Senses and Appetites in Vain or only to the Hurt and Dislike of the Creature and not for their Good and Pleasure as to make a Body for Pain and Sickness and not for Health and Ease and to make a Mind for Trouble and Discontent and not for Peace and Tranqullity to make Desires but not Fruitions Indeed Nature and the God of Nature is more Just to Mankind for as they have made Eyes and Seeing so they have made Light Splendour and Beauty to be Seen and as they have made Ears to Hear so they have made Harmony to be Heard and as they have made Nostrils to Smell so they have made Perfumes to be Smelt and as they have made Taste so they have made Relishes and as they have made Hunger so they have made Food and as they have made Appetites so they have given Satisfaction or Satiety Thus we may perceive that every Particular Sense is Fitted or Matched to Particular Pleasures but because Nature hath made some Aversion therefore Moralists and Divines would not have men Injoy the Pleasure in Nature whereas the most Rational men perceive that Aversions were only made to Highten and Re-double the Pleasures and Delights both of Body and Mind but these Men are so Rigid in their Doctrine I will not say in their own particular Practice as they would have men Choose the Worst part and Refuse the Better and would have all Mankind Struggle Strive and Oppose all Nature's Delights and Benefits the truth is they seem to Desire a Perpetual Warr between the Senses and the Objects as also between the Mind and the Body as between the Reason and Sense but in my opinion their Doctrine hath neither Sense nor Reason and their Authors would have as Little if they should Practise what they Preach Wherefore Noble Citizens my Advise is that you Take your Pleasures yet so as you may Injoy them Long as to Warm your Selves not to Burn your Selves to View the Light but not to Gaze out your Sight to Bathe your Selves but not to Drown your Selves to Please your Selves but not to Destroy your Selves with Excess An Oration against Usurers and Money-Horders Noble Citizens VVE have some Citizens amongst us that are Rich and yet Miserable they Covet Much yet Injoy but Little for they Hord up their Wealth and Starve Themselves and if they did Starve None but Themselves it were no great matter being fitter for Death than Life but their Hords impoverish the Common-wealth and so Starve the Poor for there cannot be a Greater Evil in a Common-wealth set a-side Warr than to have many Rich Usurers as Covetous Getters and Spare Spenders for their Great Wealth is like as a Great Dunghill which whilst it lies on a Heap together doth no Good but Hurt whereas if it were Dispersed and Spread upon the Barren Lands it would Inrich much Ground producing Increase and Plenty The like should Money or such sort of Riches be Spread equally to make a Common-wealth Live Happily Indeed a Prodigal is more Beneficial and Profitable to a Common-wealth than a Usurer for a
Delightfull Safe and Profitable Also one thing more I must advise you that you provide a Practick Judicious man to Instruct the Players to Act well for as they must have a Poet to make their Playes so they must have a Tutor to teach them to Act those Playes unless the Poet will take the pains to teach them himself as to Humour the Passions and to Express the Humours Naturally and not to Act after the French Fashion with High strained Voices Constrained Motions Violent Actions and such Transportation as is neither Gracefull Becoming nor Natural but they must make Love Soberly Implore Favour Humbly Complain Seriously Lament Sadly and not Affectedly Fantastically Constraintly Ragingly Furiously and the like all which in my Opinion they do Senselesly Foolishly and Madly for all Feignings must be done as Naturally as may be that they may seem as Real Truths SEVERAL CAUSES PLEADED IN SEVERAL COURTS OF JUDICATURE PART IV. Accusing and Pleading at the Barr before the Judges for and against a Woman that hath kill'd her Husband Most Reverend Judges The Plaintiff THis Woman who is Accused not only for Killing a Man but her Husband we have for this Grievous and Horrid Fact brought before your Honours to be Judged according to the Laws delivering her to your Justice and Judgement Defendant Most Reverend and Just Judges 'T is true that this Unhappy Woman hath unfortunately Kill'd her Husband but Heaven knows it was Against her Will and as I may say Against her Knowledge for her Husband and She being Lovingly together not Mistrusting any Danger on a sudden came a Man who as it seems was her Husbands Enemy for he assaulted her Husband with a drawn Sword this Woman seeing her Husband in Danger as being Unarmed and Defenceless was so afrighted as she knew not what she did Wherefore she having got a Dagger which lay in the Room they were in and thinking to thrust it into her Husbands Enemy Unawares thrust it into her Husbands Body wherewith he fell down and immediately Died which when she saw and perceived the mistake she was as Distracted and at last fell into a Trance but being Recovered out of that faint Fit she hath since remain'd a most Sorrowfull and Lamenting Widdow I Express her Sorrow to prove her Innocence from all Evil Constructions for the Death of her Husband was not Designed or Intended by her but by Fate and Fortune and it is the Duty of a Loving Wife to defend her Husbands Honour Person and Life with all her Indeavours and if the success of her Honest Loyal and Loving indeavours falls out unfortunately She ought not to be Punished for her Misfortune for Misfortune is no Crime but rather to be Pitied and Comforted either can Justice make Misfortune a Law to Condemn to Dye and shall Duty and Loyalty be made Traitors shall Honest Love be Punished with Torments and Death No Most Reverend Judges Love and Loyalty ought to be Honoured with Praise and Respect and not with Torments and Death and the Death of this VVomans Husband was caused by a maskered Fear proceeding from an Extraordinary Love Thus his Death was a Chance not an Intended Murder Plaintiff Most Reverend Judges there can be no Witness of the Intention but her own Knowledge and Conscience which are Invisible and not Proveable and therefore Insufficient to Acquit Her but that which is a Sufficient VVitness against her Intention and may lawfully Condemn her is her indeavour to Resist the Judgement and Sentence of Death for all Good Loyal and Loving VVives ought nay desire to Live and Dye with their Husbands when as they be free from all Suspect wherefore much more ought they to accompany their Husbands in Death who are liable to be Judged and Condemned for Treason and Murder for as it is Unlawfull and Irreligious for to Act her own Death so it is Dishonourable and Impious to Indeavour to resist the Judgement of Death by Lawfull Authority Pleading by her Lawyers most shamefully for Life Defendant Most Reverend Judges It is not that she Desires to Live but not to Dye Infamously as to Dye as a Murderer of her Husband for though her Husband was Kill'd by her Hand yet he was not Kill'd by her Intention but by Chance which misfortune makes her Life a Torment to her for being so unhappy as Unwittingly to Destroy him which her Life did most Delight with but yet she would if she could rather Live Miserably than Dye Dishonourably for in her Dishonourable Death both She and her Husband doth doubly Dye Plaintiff Most Reverend Judges It were better Two Persons should Dye Four times over than such a Crime should be Once Pardoned for the Example will be more Dangerous than to have an Innocent Condemned would be Grievous But it is most probable She is Guilty A Cause of Adultery Pleaded at the Barr before Judges Most Reverend Judges Plaintiff HEre is a Man and a Woman that were Taken in Adultery and brought hither to be judged that they may Suffer according to the Law which is Death Defendant Most Reverend Judges This Adulteress and Adulterer for so in truth they are although the Woman is ashamed to confess in Words only in silent Tears yet the man confesseth his fault publickly and asks pardon only he says it is a Natural fault for the desire of Procreation is Born and Bred in all Nature's Animal Creatures it is an Orginal Appetite but whether it be an Original Sin he says he doth not know yet if it be it may more justly be Pardoned than Gluttony which was the cause of Mans Fall witness Eve and the forbidden Fruit and that Damnable Sin Gluttony that destroyes many Lives through Surfeits the Law takes no notice of but Procreation that begets and makes Life is Punish'd by the Law which seems strange to Reason that Cursed Gluttony should be Advanced and Loving Adultery Hang'd Indeed it is a great Injustice at least a grievous Law and surely our Forefathers that made that Law were Defective either in Bodies or Minds or at least in Judgement and though I confess it is not fit we should break or dissolve those Laws howsoever Erroneous they are that our Predecessors made yet we their Posterities and Successors may Sweeten or Qualifie the Extreme Rigor of their Laws as in this Case of Adultery to Punish the Bodies but to Spare their Lives or to Fine their Estates and Spare their Bodies for if the Rigor of the Law should be put in Execution in all Cases and to all Persons there would no man be Free either in his Estate Person or Life but howsoever this Male-offender my Client sayes that if he must Dye yet he shall not Dye Basely or Dishonourably by reason he shall Dye Loves Martyr As for the Femal offender She sayes that she was seduced by Nature as Eve by the Devil and Women being of Soft and Tender Dispositions do easily yield to an Inticing Appetite besides men being Eloquent in Perswading Prevalent
in Flattering Free in Protesting and Earnest in Vows and Promises all which hath such force with Females who are Credulous and Believing Creatures as she had no Power to deny him his Desire But both these Lovers desire these Most Noble and Just Judges to Consider their Crime is not caused through Spite Envy Malice Revenge Scorn Pride Hate or the like Sins but through Love Kindness Friendship Charity Generosity Humility and such like Vertues which caused this Crime namely Adultery so that it is the only Sin that is Built upon Vertues besides this Sin namely Adultery hath a Well-pleased Countenance a Courtly Behaviour and an Eloquent Speech which is the cause most Men and Women are in Love with this Sin the Gods forgive them for it for this Sin doth not appear with Terrible and Horrid Aspect as Murder as to cause the very Soul as much as the Senses to be Maskered with Fear not it doth not appear of so Foul an Aspect as Gluttony and Drunkenness as to cause Hate or Aversion but it hath so Amiable an Aspect as to cause Love and so Fruitfull an Effect as to cause Life and Living Creatures They implore Mercy and beg your Favourable Sentence and since it is a Natural effect for Males and Females to be Adulterers at least Lovers you may as soon destroy all Animal Creatures as this Sin if it be one and if there be some Men and Women purely chast those are of Divine Compositions and not Perfect Naturals their Souls and Bodies having more of the Purity of the Gods than the gross Corporality of Nature but these two Offendants confess they have proved themselves Nature's Creatures and the Woman says she is Eve's Daughter but if you will Spare her Life she hopes to be as great a Saint as Mary Magdalen for she will beg Pardon by Repentance and wash out her Sin with her Tears Plaintiff Most Reverend Judges This Pleader ought to be Condemned not only for a Corrupt Lawyer but a Wicked Man and may very well be believed to be Guilty of the same Crime he Pleads so well for for if he were not Guilty of the Crime he would not Plead for a Pardon Defendant Most Reverend Judges I am no more Guilty of the Sin than the Interceding Saints in Heaven for Sinners on Earth but if the Pleader should be Condemned for the Cause of his Client neither Truth would be Heard nor Right Decided so that all Justice would be Overthrown with Malicious Accusers and False Witnesses But howsoever Most Reverend Judges I am not to Decide the Cause though I Plead in the behalf of my Clients and it is the Profession of a Lawyer to speak for his Clients and not Against them whatsoever their Cause be for this is the part of their Opposites and I am not to fling the first Stone Plaintiff Most Reverend Judges Howsoever he be Affected whether evil or not yet the Cause he Pleads is a Wicked Cause and the Offenders ought to be severely Punished according to the Punishing Laws for such Offences and Offenders and if Adultery should be suffered Propriety and the Right of Inheritance would be lost in the Obscurity of hidden Adultery or in the Uncertainty of the Right Children or Fathers A Cause Pleaded at the Barr before Judges concerning Theft Most Reverend and Just Judges Plaintiff HEre is a man which is Accused for Stealing privately and Robbing openly against all Law and Right the Goods of his Neighbours for which we have brought him before your Honours appealing to the Laws for satisfaction of the Injuries Wrongs and Loffes leaving him to your Justice and Judgement Defendant Most Reverend Judges I am come here to Plead for this poor man my Client who is Accused for Stealing which is a silent obscure way of taking the Goods of other men for his own use also this Poor man for so I may say he is having nothing of his own to Live on but what he is Necessitated to take from other men is accused for Robbery which is to take away the Goods of other men in a Visible way and Forcible manner All which he confesseth as that the Accusation against him is true for he did both Steal and Rob for his own Livelihood and Maintenance of his Old 〈…〉 Past Labouring and for his Young Children 〈…〉 are not Able to help themselves and for his Weak Sick Wife that Labours in Child Birth For which he appeals to Nature who made all things in Common She made not some men to be Rich and other men Poor some to Surfeit with overmuch Plenty and others to be Starved for Want for when she made the World and the Creatures in it She did not divide the Earth nor the rest of the Elements but gave the use generally amongst them all But when Governmental Laws were devised by some Usurping Men who were the greatest Thieves and Robbers for they Robbed the rest of Mankind of their Natural Liberties and Inheritances which is to be Equal Possessors of the World these Grand and Original Thieves and Robbers which are call'd Moral Philosophers or Common-wealth makers were not only Thieves and Tyrants to the Generality of Mankind but they were Rebels against Nature Imprisoning Nature within the Jail of Restraint Keeping her to the spare Diet of Temperance Binding her with Laws and Inslaving her with Propriety whereas all is in Common with Nature Wherefore being against Nature's Laws for any man to Possess more of the World or the Goods of the World than an other man those that have more Wealth or Power than other men ought to be Punished as Usurpers and Robbers and not those that are Poor and Powerless Therefore if you be Just Judges of Nature and not of Art Judges for Right and not for Wrong if you be Judges of the most Ancient Laws and not Usurping Tyrants you will not only quit this Poor man and set him free from his Accusers which are His and such Poor men's Abusers but you will cause his Accusers who are Rich to Divide their Wealth Equally with Him and all his Family for which Judgement you will gain Natures favour which is the Empress of Mankind Her Government is the Ancientest Noblest Generousest Heroickest and Royalest and her Laws are not only the Ancientest for there are no Records before Nature's Laws so that they are the Fundamental Laws of the Universe and the most Common Laws extending to all Creatures but they are the Wisest Laws and yet the Freest also Nature is the most Justest Judge both for Rewards and Punishments for She Rewards her Creatures that Observe her Laws as they ought to do with Delight and Pleasure but those that Break or abuse her Laws as in destroying their fellow Creatures by untimely Deaths or unnatural Torments or do Riot and oppress her with Excess She Punishes them with Grief Pains and Sicknesses and if you will avoid the Punishment of Remorse Grief and Repentance Save this Poor necessitated man from