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A67913 The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7. Jackson, William, 1636 or 7-1680. 1660 (1660) Wing J93; ESTC R207910 14,659 20

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make one harmonious body of people and not be yeilded up to any severity more than others I answer first that not one of a hundred interressed in any such unjust acquests had the least good liking to this revolution but as much as in then lay both with body mind endeavor'd all such meant to hinder it as was possible for them to contrive by which the Parliament and Nation are not so obliged to them in point of gratitude as some of them pretend And farther though that consideration were eminent enough to obliterate all past disaffections though visibly it be far otherwise yet ought not far greater merits than they can plead for to priviledg them more than the rest of their fellow-subjects for if they be continued in such Possessions as the Common Laws of the land wil not Justifie them in are not they made above Law to their advantage and others whose right the Law saies it is oppressed against Laws so that if it should pass thus breach of Laws Peace Justice c. would be rewarded with privildges above and against Laws and Duty Obedience Conformity to Laws Honesty good Conscience and loyalty which let me tel you is no smal virtue in any Member of a body politicko ppressed contrary to Law and equity which were a pestilent perverting of the very essential constitution of al Governments and a poyson beyond al Antidotes for as Justice is the greatest maintainer efficient cause of the wel being of a Nation so injustice the greatest poyson destroyer that can be permitted but that Government that shal prescribe so broad a way for the propagation of it like a dispairing man provides the readiest instrument for its own destruction that may be and renders it self highly guilty of self murder All this pleads still with the most equitable moderation but for equity on all parts that we may have all the same Laws nor is it my drift to urge rigor at all against the greatest offenders whatsoever but shal while I breath desire so much Justice that Laws may be equally general to all and that upon so little deserts the worst of subjects might not have their unjust actions countenanced nor the truest subjects for their duty and love both to King and Laws Country and Justice be injur'd by post fact laws such things as no honest man that made Conscience of his actions would ever need No modest man that did not arrogantly seek to priviledg his unjustifiable actions could ever have impudence to demand So barbarous are they that there is but one Nation or rather herd of wolvish Tartars that even own'd them These are those Spiders Webs that catch only the laboring Bees but let ravenous Waspes and Hornets go free and since they have been and are still endeavored to be made so mischeivous to this Nation we have as much reason to insert them into our lettany as the Plague Pestilence or Famin and indeed the Judgment that such Laws are like to bring upon us may give all good men just cause to say From Post-fact Laws and the contrivers of them good Lord deliver us Now for the last Asylum Or resuge that those Law breakers have for themselves to say that others are wicked themselves good others profane themselves holy others Devils themselves Saints and many expressions of like Nature first let me tell them t is an ill signe for people to speak well of themselves and no Law either of God or man in any Nation ever accepted of a mans testimony in his own cause and Christ himself denies it of himself though the transcendency of his person might have priviledged him without being an example of the like to us but belike he foresaw of how il consequence it might be to leave such an example therefore saith If I bear witness of my self my witness is not true Mens own words are no testimony in their own cause next let me tel them t is so Pharisaical a trick that though perchance it should proove true it wil make others Judg of them as the Gospel censures the Pharises alwaies joyning the Name of Hypocrites Wo to you Scribes and Pharisees Hypocrites for self Justification when not necessary to vindicate a man from some imputation laid to his charge is a common badg of Hypocrisie and next this as is before mentioned is no Justification of a wrong Nay 't is a notable return that those that intrude upon such specious holiness unjustly are more wicked in such an extortion than all they can object to the wronged party wil render him guilty of and are so very justly disrobed of their own holy Cloak that cover'd their covetousness Such Boasters are very wel resembled by the Peacock which gives a glorious shew with his spread traine forwards sees it himself and walks stately with the conceit of his glorious appearance But to them that veiw him round behind his Feathers are dark colord and unseemly and his Feet black and uncomly which is not so easily discover'd when he gives not standers by occasion to observe him by his pride If therfore these men did not so much cry up their own holiness and others Prophaneness their imperfections might pass less noted but to cure such arrogancy there is no way but to let them see the blackness of the feet they stand on that Peacock like they may let fal their boasting with shame I mean to give them a remembrance of the unjust extortion which they conceald under the specious covering of reformation and zeal for whilest they make these gay pretences they rob others contrary to the Laws foment the divisions of the Nation to the procuring of much effusion of blood and much more mischeif that might be reckoned now if they would look upon these deformities sure they would never boast of their Saint like appearance T is not for a man to boast of godliness and urge breach of Laws or to say they feed the flocks that rob the true Shep-heards put in by the Laws of the Land St. Peter and Paul both give other Ruls Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supream or unto governors as unto them that are sent by him for the punishment of evil doers c. So that t is not mens guilded behavior but their obedience to the Laws of the Land is to give us direction to judg of their goodness this makes a man a good subject without which what ever he pretend to he can never be a Saint indeed Obedience saith Samuel is better than Sacrifice and St. Iames Shew me thy faith by thy Works Appearances are good if they be joyned with inward righteousness for Christ commands it Let your light so shine before men but he adds That they may see your good Works Now the work of obedience to the Laws of the Land is the great and weighty work as is shewed before out of Peter
men whose profession it is that being the very top of the building to beautifie and confirme the foundation laid by the civil I think it might be much more pertinent to the condition of our Nations at present if every man would make it his request that we might enjoy that firm hand of all societies JUSTICE being the true rule to regulate all actions in any society whatsoever and give up his cause to such a decree but in regard we are apt looking through the fraudulent Medium of lusts before mentioned to be too partial in our own causes t is not fit we be our own judges The party perhaps that thinks himself injur'd if he have not his will will be apt to say neither ought our adversaries to be judges in their own cause against us so say I who then JUSTICE say I So I beleeve all men will be ready to say too what ever they think yet will not they say they desire any thing but Justice but cannot have that yes but any English man may really say we can have Justice our Fathers have so labor'd in their daies that we receive from them both Tree and Fruit for in Political or civil Discipline it is impossible to maintaine any at all without order whose business it is to fit every thing to its proper place to appoint some to Judg in cases of difference between party and party which Judgment though in the Infancy of the world it were wholly left to the discretion of the Judg yet finding men apt to be byassed by Alliance favor brybery c. it was then found a very unsatisfactory way the suffering party being apt alwaies to think himself wronged whether so or not to prevent which it was thought a much more indifferent course to have all cases reduced into Judgments which should be for Laws to decide all controversies and prescribe all penalties whatsoever By which means men had a rule to walk by to direct them what was evil or good what to persue or avoid what to be encouraged or punished for so that it was some satisfaction to them that they were securd from particular Spleen or Malice of others and by this means were not damnified for any thing of which they were not forewarned by the Law No nor the Judg himself could give any censure that was not prescribed to him in the same Law of this Nature were the Laws of Lycurgus Moses and most of the Antients that were Law-givers but in regard this power of Law making in the vicissitude of times is somtimes devolved to men of less qualified parts and integrity and that such did somtimes make Laws too too partial to themselves and too too grating upon the liberties and properties of others Al the Laws which were of equity and held proportion with that rule Do unto all Men as you would they should do unto you were by Iustinian drawn in Canons and are stil used in a great part of Europe and called by the Name of the Civil Law but though here were a good provision for Laws there was not so good a provision for giving Right Judgment as could be wished for because the interpretation of the Law and interpretation of the fact were refer'd to the breast of one man which was thought might be prejudicial to the true distribution of Justice Wherefore our Auncesters in this Nation I think have taken the most satisfying course most Just most free and generous way of all other Nations for first to preserve true discipline we have the Magistracy and Nobility our Law-giving power in as great and true a state of Honor and Justice and far more equitable then any of the former for our Prince and Peers have this priviledg only of constituting Laws and of appointing Judges for the distribution of Justice to the whole Nation Next a far greater liberty and security to the Commonalty because though they make not the Laws yet they contrive and compose al the Laws by which any of them are bound so that it is as satisfactory a condition as can be contrived for a man to be tied by no Laws but such as himself and Ancesters have tied and bound themselves by their own consent and with all these Law-makers after sessions in Parliament is ended are as subject to be punished by these Laws as any other by which means the whol commonalty have as much security as can be devised the self preservation of the devisers of the Law themselves being the buckler for every man against partiality And more than this least Laws so prudently contrived might be perverted in the dispensation the Judges are restrained from interpreting the fact of the delinquent who is to be tried by twelve of his Peers as if it were their own case so that all the Justice imaginable is in the Constitution of our Government so that for any to complaine and say he can not have Justice is a very falsity if he can have the aforesaid administration of it if he can not he may have his remedies against anywhere he finds the default or obstacle But now I have run through so great a digression I shall returne to the cause of it from whence I swerved These Plea's I say coming out on both sides now when the times begin to calme after so terrible a tempest would make a foraigner that should read them think we had nought but tumultuary proceedings and imagine that they that could make most of their part should get the advantage of their adversaries certainly to quiet Jealous spirits it is very necessary to tel such if they be lovers of Justice as I question not but they will say they are that its sit every man have Justice for Justice is the maine piller of a Nations safety for as in our bodies the due distribution of all Humors to every part its due and the preserving every part in its right temper and composition are the efficient causes of a mans health unless some part contrary to Nature be foul corrupt or gangrened then it is most conducing to the health of the whole somtimes to divert the nourishment and Humors somtimes to cauterise somtimes to cut it off But mark this is when it transgresses the Laws of Nature so likewise these that make Pleas for their losses if they have not transgressed any known Laws that were in force before their fact objected were committed t is fit the due distribution of Justice of giving every man his due procure them a restitution to what they have been by the distempers of the times deprived of but if they have transgressed any such known Laws that were in force before their fact then let them in Gods name receive the penalties allotted by those Laws for such trespasses and none other this is the true birth right of every free-borne English man and this he ought to have in Justice On the Contrary if they that are in possession whether benefices or other purchased Lands