all the Cities and thy Iudges of whom thou saidst give me a King and Princes I gave thee a king in mine anger and tooke him away in my wrath no king but Iesus And Esay the 1. holds it out fully what Goverment they shall have when they have repented Not Monarchy but by good Iudges and Councellors ver 12. how is the faithfull City become an harlot it was full of judgement righteousnes lodged in it but now murderers so long as they had their good Samuels Iustice was like a mighty streame but when they would have a king like the Heathens then men were made offenders for a word if any man stand in the way of the kings domination the kings Iudges for money would condemne him as in the case of Naboth for his vineyard ver 23 thy Princes are Rebellious and companions of theeves therefore ver 25. when the Iewes shall be converted sayes the Lord I will take away the tin of Monarchy and I will restore thy Iudges as at the first and thy Councellors as at the beginning afterwards thou shalt be called the City of righteousnes the faithfull Citie there are hopes now that England Ireland and Scotland may be faithfull Cities the drosse and Tin of Monarchy being happily purged away the Lord tells them againe of their sin in choosing kingly Goverment in the dayes of Hezekiah Hos 8. 3. Israel hath cast off the thing that is good the enemy shall pursue him ver 4. they have set up Kings but not by me they have made Princes and I knew it not did any Royalist ever thinke that God makes the sin of Monarchy equall to Idolatry as there he does but let any Royalist if he can shew me one word of approveing or commending kingly office or Regall Goverment in Scripture And when God redeemed them from the Babylonish captivity and gave them Ezra who was a ready Scribe in the Law of Moses Ezra 7. 6. he speaks not one word of the commendations of Kingly goverment nor yet Nehemiah who was the Kings cup-bearer 1 Nehe. 11. a most active and zealous instrument for Gods service speaks not a word of Kingly power to be of God but chap. 6. 6. 7. Sauballat and Tobiah enemies to reformation sent a letter to Nehemiah that it was reputed that he intended to make himselfe King and appointed Prophets to preach him up King at Ierusalem but Nehemiah sent word that there was no such thing but it was feigned by craft and pollicie to hinder the worke of God and ver 13. sayes Nehemiah they would have made me afraid and to have sinned that they might have matter for an evill report that they might reproach me and was not this the very language of the Malignants that the Parliament intended to make themselves Kings and many other false accusations raised against them to discourage weaken their hands from the worke but blessed be God that hath maintained a spirit of Christian fortitude in our good Nehemiahs ver 11. shall such men as wee doe good works by the halfes God forbid the Lord thinke upon his servants both in Parliament and Army for good according to all that they have done and suffered And so Haggai 2. 22. prophesies of overthrowing the throne of kingdomes and the strength of the kingdomes of the heathens and the chariots and those that ride in them but not a tittle in any of the Prophets whereby the lawfulnes of Monarchy may be gathered or maintained if the goverment were lawfull why should the Lord destroy it and if it must be destroyed from amongst the heathen people that are ignorant of God and rationall rather in habit then in act certainely God is exceeding angry with his owne people for suffering Monarchs to Lord it over them when they have a power in their hands to subdue them Object But was not Iesus Christ borne in the dayes of Augustus Caesar who had so great a power that all the world was taxed in his dayes Luk 2. 1. and did not Ioseph and Mary of their own accord goe up from Galilee into Iudea to be taxed and is not subjection commanded to the Roman Emperors that were some of thē monsters of men and that even for conscience sake Rom. 13. 5. nay did not Iesus Iesus Christ himselfe worke a miracle to pay tribute for himselfe and Peter for Caesars service Ans First concerning that of Rom. 13. I marvaile that any man that hath but a dram of ingenuitie will object it for it is as cleere as cristall that the Magistrates there which are not to be resisted are such as command just things and forbid the contrary that are not a terror to good works but to the evill for the Law is not made for the righteous man 1 Tim. 1. 9. Hee that punishes a man for doeing good is no more to be obeyed by any command from God then Satan is If God should suffer any people to be spiritually possest or obsest by the Divell the Scripture sayes that in such cases onely spirituall reasons are to be used this kinde of burning drowning and persecution goeth not out but by prayer and fasting Matth. 17. 15. 21. but when rulers are possest with a spirit of crueltie hunting and thirsting after the blood liberties and estates of honest people they are not to crouch under such burthens with an asinine patience but to quit themselves like men and purchase their freedome at any rate for no remedy can be so bad as such a disease If it should be intended of Religion then Nero might have compelld Christians to worship the Sun and the Apostles had find in Acts 5. and if it should be construed of a submission in Civill matters that is to arme sin by a Commission against the law but the question is whether Monarchicall Government have any footing or Divine approbation in Scripture for God is not obliged to hinder sin and oppression but he approves it not there is a plaine and direct prohibition against it my people shall not have a King sayes the Lord but we will have a King say they t is your great sin and wickednes to aske a King sayes the Lord but let us have one at our owne perills say they as the poore Iewes said in another cause his blood be upon us and our children let us have a King though wee smart never so much and pay never so deere for it the people are made sensible of their sin in asking a King and crave pardon for their rejecting God and a rationall Goverment against which expresse inhibition and charter in that 1. Sam 8. Some interences are made of the lawfulnes of Monarchy in generall which yet if it were lawfull as it can never be evinced being against reason amongst the Heathens yet it is no argument that it is lawfull amongst Gods people because of that Divine injunction that they shall not imitate the goverment nor manners of unbelievers but that which Paul by
are not therefore to differ in affection but being intent upon the popular utillity and therein all agreeing there is much prudence required not to disoblige honest men so to reforme for the publique good as not to destroy private Relations the Monks and Friars had a maintenance upon the dissolutions of Monasteries and God forbid that any man that hath an office or imployment which is not evill in it selfe but by accident should be destroyed turned a begging I hope we are none of us possest with that perniciousiprinciple of the Popes infallibility nor much taken with that tale of Counsell given to our late King in Spayne upon a set of Diamond buttons that he had in his dublet all fastned by one thred one of them slipping they all fell off sayes a Grandee there so it will be Sir in England if you part with an inche of your prerogative if you suffer any reformation it will be your destruction we see what became of it I presume better things of my honored brethren in England Let us not be like that generation of men the Bishops that hated to be reformed so the Commonwealth florish it is no matter what becomes of our practizes wee are members of that Body and if it goe well with the State it cannot goe amisse with us God forbid that any one of us should be counted of so bad and corrupt a principle as rather to keep three Nations in a lingring consumption then deny our selves in point of diminution of gaine it is not necessary that we should live much lesse exact great matters but that Iustice be easie and speedie and mercy showne to the poore is the only thing necessary Indeed the the greatest part of my feare is that many Godly honest hearts are possest with an opinion that knowledge is not requisite in a Commonwealth as under a Monarchy as if learning was onely for a Court and for the splendor of Majestic which indeed is the glory of all Nations The Lord deliver England from three sorts of Mountebancks Iudges Ministers and Physicians that have but one saddle for all horses that getting upon a bench talke of great cures and if they cure one for a hundred that miscarie they are admired like some old witches not knowing the reason or cause of any effect or operation which is the onely currant learning one mans reason like his money being as good as anothers the grand reason why the learned Iudges in E. 3. and H. 6. and E. 4. times and since have not endeavored a Reformation of the Lawes hath been for want of consideration to what end the Law was ordained they have been very learned in book cases in the historicall part that such a Case was so adjudged but the reason of that Iudgement whether for the publique good or to advance prerogative they lookt not after neglecting the polliticall part and end of the Law And not tracing the Kings of England in their foundations and footsteps of Tyrannie in so conferring all places and offices of Iustice in the severall Courts that it might mount like a Piramis to advance prerogative but certainly the greatest miserie to an Innocent is the ignorance of the Iudge for what conscience can there be where there is no science what Iustice can be expected from such though honest and godly men that neither know what Iustice is nor what Law the rule of Iustice is nor why such a Case is Law but doe Iustice right or wrong as we say Proverbially if the Plaintiffe demand a hundred pound give him fifty pound to make them friends and if a tall man have a short cloake and a low man have a long cloake let the tall man have the long cloake for conveniencie and truly Title Conveniency will be very large indeed the Law ought to be plaine and easie obvious to every mans sence apprehension but if every man did know the Law that is not all that is requisite in a Iudge There is first Patience to heare all that can be said which men that know but little though never so honest will not have for those that have but little science quickly pronounce sentence a wise man never thinks he hath heard Parties and Councell speake enough There is doubtlesse much learning required in a Minister to be able to speake to a Case of Conscience to compare Scripture with Scripture and to search for Truth as in Mynes which is a laborious work indeed if there were a plaine Precept for every duty and a litter all expresse prohibition against every sin there would be the lesse need of learning in the Ministery but many truthes lying deep though every believer hath the Spirit of God to apply the Blood of Christ to his owne soule yet without the bucket of human learning and strength of reason he will draw but little for the good of others the not understanding whereof hath already introduced a grand error that many grosse sins are no sins because not litterally forbidden and many duties neglected because not commanded in expresse te armes in Scripture though by necessary deductions made manifest by the help of reason though Lea Rachell and Sarah furnished their husbands with other women and that many of the Patriarks had many wives yet there is no such Law now though the Scriptur say we are to give an account of every action yet we shall be accountable as well for our idlenes it is not the words but the meaning of the Scripture which is Scripture if otherwise the Papist hath as much to say for his Transubstantiation and Arminians for generall redemption as we for any Article of our faith It is not for bunglers to take upon them the charge of soules And there is much learning requisite in a Physician to know the principles of mans Composition the nature of Spirits the nature causes Symptomes and differences of the severall diseases and the method and manner of curing them the knowledge of hearbs flowers plants roots trees mettles minerall druggs and how to choose and prepare medicines with infinit other perticulars which require a whole man to attaine a competent measure or knowledge therein and God forbid that any Empericke should be suffered to trye experiments upon so noble a subject as the body of man and though sincerity of affection may counter vayle depth of Iudgement in private matters and advises yet in things of publique concernement it will be but a blind zeale to judge according to events for hard and great matters will arise in Iudgement Exod. 18. 26. but the part of a Iudge is more difficult in some respects specially in point of time A Minister hath a weeke happily for his Sermon and seldome any disease so violent but the Physician may consult about it but where many people demand Iustice at an Assises there is not onely a promptitude of elocution but much science requisite to give quicke dispatch which is the Clyents joy and
my help in the gate then let mine Arme fall from my shoulder-blade and mine arme be broken from the bone for destruction from God was a terror to me and by reason of his highnes I could not endure if I have made gold my hope or have said to the fine gold thou art my confidence if I rejoyced because my wealth was great and because mine hand had gotten much if I rejoyced at the destruction of him that hated me or lifted up my selfe when evill found him The stranger did not lodge in the street but I opened my dores to the traveller If I used to keep guard at my study-doore that suitors could not speake with me without a fee if I sent a man back with a shamefull deniall if I did not minister speedy justice to the poore for the love of Iustice and to the rich for a small matter when I sate in the City-gate where the Court of Iustice were kept that every man might see and heare the reasons of my proceedings if I were not as tender of Clients and Petitioners as if we had tumbled in one belly together and suckt the same milke if I have not used my power to tame the insolence of proud spirits making them examples by death or other penalties where their wicked lives had given scandales if the wooll of my flocke hath not defended the poore from the stormes and rigor of winter if I have ill treated the Orphants and let one brother feast brave it and the younger children to be all beggars or be fed at the charity of the elder brother if I have confidence in the merit of the person not in the justice of the Cause if I have more esteeme of birth then vertue and preferred greatnes before pietie I then wish that that guiltie part may be torne from my body and that to terrifie all Iudges that abuse their power then let my arme be broken from the bone by the infamous hangman for Mariners are not in so much feare of the Tempest in winter as I stand in awe of the anger of the great Iudge If mine enemies miserie have been any pleasure to me if I have thought my selfe better then my neighbours because I was richer if I were ever overcome by threats or corrupted by presents to pervert Iudgement if my constancy was ever shaken by any bribe or if ever money had more power over my minde then reason if I were ever cruell to any man and made dice of his bones though the men of my tabernacle said ver 3. Oh that we had of his flesh we cannot be satisfied I had servants and officers enough not onely to have hurried any man to prison to have repaired my honor or contented my passion but such as also would have cut them in peeces and devoured them if I have not helpe every man to his Lands that had right to them without drawing teares from their eyes by tedious attendances then I am content not only that heaven should curse my lands that for wheat which I shall sow I may reap but thistles but to be tormented with an eternity of miseries May I crave leave to insert an historicall observation In Holand after they had given a wrtt of Ejectment to Monarchy the Masse the Courts of Iustice for a time went on in their tedious formallities which so discontented the people their Law suites taking them off from their trades with dilatorie and costly attendances that they began to repent themselves of their so deerely purchase liberties Doctor Walaeus professor then at Leiden a grave judicious man having by Scripture and reason satisfied and quieted many exasperated mindes that the chief Magistrates of the Provinces ought in the first place principally to intend securety and laying foundations where the super structures will be easie then applyed himselfe to the Senators in an oration which though I doe not affect the mixing of Latin in an English discourse yet least the liquor should be viciated by powring it out into another vessell I thinke fit to give you his owne words speaking of Iudges and Advocates by way of interrogation or admiration he saith Nos qui sumus Reipublicae Christianae Candidati tales respiciemus retinebimus Iudices ac Legulares quos Cicero vocat praecones Actionum Cantores formularum Aucupes syllabarum ut qui cadat in litera cadit in causa Absit longe absit nos tales habebimus Iudices Advocatos qui Deo noverint dare quod suum est populo quod suum est plana vera immota praescripta Iusticiae Deo placent si aliqua consuetudo fit in contrarium praeferatur antiquus ille dierum nulla debet praescriptio praevalere contra Verbum Dei quia veritas antiquior est falso vera suprema Dei Lex architectonica omnibus Legibus municipalibus est praeferenda quia hec sola omnibus alijs praescribit modum ac formam necesse enim est aut leges vestras praescribere legibus Dei aut leges Dei praescribere vestris si priori modo non estis Dei servi Ejus etenim servi estis cui estis obedientes scitote vero administratores Reipublicae rationem Legum suarum summo moderatori Deo reddere teneri nee valebit argumentum patribus Reipublicae uti invenimus leges statuta sic ea reliquimus quia boni Concilij est aut leges corruptas mutare aut eorum officia deferere quomodo enim pertinet Romana lex ad Christianum nisi à Deo approbetur Pontificij sublevant reformant Leges Civiles per Ius Canonicum non à scripturis sed Paparum decretis Concilijs ac Patrum sentencijs desumptis nos vero nullum agnoscimus Ius Canonicum nisi quod ex sacro Dei Verbo aut ex ejus certa constanti analogia colligatur absurdum est dicere leges priores esse puriores aut antiquiores meliores quomodo enim Mancipij leges salubres condere valeant nolunt Monarchae Cedere populo in materia libertatis quaelibet bona lex est precium sanguinis in Regione Religione Catholica impossibile est Leges Civiles esse puras quia Religio Lex inter tolares fiunt ac in permixtae ubi pura Religio ibi pura Lex Civilis Corrupta Religio Tirannica Lex reformatio Religionis necessario ergo inducit mutationem legum Civilium non quoad fundamentalia vitae membrorum ac proprietatis sed quoad formulas ac solemnitates Iuris quae formulae Legis non suntipsa Lex And much more to the same effect by learned Walaeus which oration of his tooke such impression that within a moneth after the forme of Legall proceedings received such an alteration and abbreviation that whereas before according to Imperiall constitutions a suite in Law continued three or foure yeeres and the best purse at last prevailed causes were ordinarily ended in a moneth and if the Plaintiff cannot
bring his cause to a period in three moneths he is dismist of course unlesse it be necessary to send Commissions beyond seas between Merchant and Merchants or in very difficult cases and where the witnesses are in forreigne parts rare The contrary practise whereunto is but as a sweet harmonie to Satan for does not he laugh to see a murderer escape through a misnaming or mistake in the Indictment and a poore man that cannot read hanged for a sheep or some corne taken to relieve his poore wife and children to see a man that hath an estate to walke abroad and confront his creditors though a prisoner in execution and a poore wretch not worth ten pounds thrust into a hole untill he pay one hundred pounds which he is no more able to doe then the Phylosopher to dry the sea with an Oyster shell It is not Cor gaudium to him to heare learned men say that the Plaintiffe hath a cleere right and title to the Land or money demanded but because of some mistake in the bill or proceedings he must pay costs to the Defendant that is the wrong doer Blessed God! did thy sacred Majestie dispence with the breach of thy holy Law to save the life of an Oxe or a Sheep that should fall into a pit on the Sabboth day and shall not thy servanti dispence with a circumstance where the right plainely appeares to save the life of a family nothing is substanciall in a course of Iustice but what is equall reasonable and good all other formes or methodes are but in effect Poperie or Turcisme as being a slavery to mens persons or estates and to be abolisht by vertue of the Covenant which in the equity of that branch of the Hierarchy I speake of the Ceremoniall and Circumstanciall formes and proceedings which are costly delatory and mortiferous but the essence of the Law like the substance of the doctrine of the Church of England truly so called not as Constituted in a Gospell order but in opposition to Rome as Antichrist is said to sit in the Temple of God and Rome called a Church in opposition to Turks and Pagans is in most things inviolable inalterable and immutable for indeed the Law of England is ancienter then books the maine pillar whereof is the righteous Law of God according to which the reformation must be otherwise it is impossible to have any setled peace in a Commonwealth where every one does or may study Scripture it is pure sollid reason whereof to deprive any Law Custome or Course of a Court is to take away the soule from man for where the Law or any Course of Practise is taken upon trust by tradition and not upon election and choice of reason the greatest tiranny and oppression is exercised by collour of that Law which puts oppression both into one Act and an Art but then this Law must be publique reason that which the Iudicious and most learned men judge so to be not the sense or Iudgement of any private man for that will be as dangerous to the Commonwealth as the private interpretation of Scripture arising out of some mens braines and not out of the Scripture it selfe is to their soules 2 Pet. 1. 20. and 3. 16. by misinterpreting and drawing them violently from the true sense to a false one to uphold their errors as it is possible some may uphold old errors against new truthes for advantage sake for there is a remnant of old Adam in the best man The two great enemies that S. Paul had were two Smiths the silver Smith and the Copper Smith that got much money by making silver and copper chaines or Image to the Heathen Gods and Goddesses Acts 25. 24. to the 28. great is Diana and 1 Tim. 4. 14. Now because it is of very high concernement for all that are servants to the Commonwealth in publique imployments to live in the opinion of all good men as the best and strongest fortification and engagement to faithfulnes and diligence therefore having received some loving advertisements from some faithfull friends in England as if we proceeded here irregularly or arbitrarily in matters of Iustice that some turned the Law into Preaching that had other busines to do and that Ministers are harshly dealt with or to that effect knowing that truth is very welcome and reason very prevalent with your Honors I crave leave to answer first as to the administration of Civill Iustice in this Province thus it stands my Lord Lieutenant the dayes of whose life the Lord of life multiply and sweeten to the further Terror of his Enemies and greater comfort of his deere servants upon many petitions from the Inhabitants of the Province of Munster was pleased to revive the Presidencie Court there as formerly consisting of the Lord President two Gownemen viz a first and second Iustice and other Commissioners My Lord Deputie who is a blessed Instrument and indefatigable in the works of holines and righteousnes for the great ease and safety of the people hath altered the Provinciall Court into County Courts that whereas before the people travailed fourty or fifty miles now their differences are ended at home in the nature of Assizes or sittings And the Honorable Commissioners of Parliament promoting the true liberties and freedome of the people have given great ease to them in taking away some needlesse offices and in matter of Fees there being seldome twenty shillings spent in a cause by all parties unlesse it be in Councells Fees which are ascertained and but very small in comparison I doe not in the twenty shillings include the charge of witnesses which yet is very small not goeing out of their owne County but the Fees usuall which are allowed to the officers Iury Clarks and Attorneys for the Court hath not any every man pleading his owne Cause which I observe to be a good way for discovering the truth The forme and method of proceedings hath not by me been altered in any point considerable but indeed the originall constitution of the Court seeme to me to be excellent in foure particulars The first proces of the Churt hath ever been a summons in the nature of a Subpena then an attatchement or distresse of the defendants goods not restraining his person but for matter of Contempt or upon very just and reasonable cause Secondly It is a mixt Court and the Bill may containe both Law and equitie whereby halfe the suites in the Province are ended or prevented but hath no Cognizance of Pleas reall concerning titles of Land Thirdly The Cause is heard and ended as soone as it is ripe for hearing indeed herein is some alteration for whereas formerly there were but two or three sittings in a yeare the Iustices and practizers attending the upper Courts at Dublin in the Terme-time and so causes depended long Now having no other busines to doe wee end the difference as soone as it is prepared for a hearing which some how Iustly let wise men Iudge
did that which was right in his own eyes Chap. 18. 1. and 19. 1. repeated upon the occasion of the abuse and murder of the Levites Concubine where the Holy Ghost does not meane such a King as Abimelecke or as the Gentiles had to breath life into the Lawes by his Royall assent for such a King the people of Israel never had nor owned in the Land of Canaan not a man that challenged a power unaccomptable to oppresse murder sweare plunder and commit all manner of wickednes without controle such a monster being fitter to carry garbidge to Beares then to live amongst Civill people but there was then no man zealous for Gods glory to fight for Israel and to judge them according to the Law of God therefore the Lord raised up Samuel a singular man for Iustice and mercie 1 Sam. 1. 28. Hanah his Mother lent him the Lord Chap. 3. The Word of the Lord was revealed unto him he dealt faithfully in telling Eli what the Lord commanded thereupon he was established to be a Prophet of the Lord vers 20. Chap. 7. He exhorteth to solemne Repentance then they make him a Iudge vers 6. being so he yet prayed and sacrificed and the Lord discomfited the Philistines by Thunder and Samuel judged Israel all his dayes and went Circuits carrying home Iustice to the peoples houses and built an Altar unto the Lord having ver 12. taken a stone and called the name of it Ebenezer saying hitherto hath the Lord helped us Iudges being to take speciall care that God may be purely worshipped and glorified and that Gods people may not forget the mercie of the Lord in destroying their Enemies Certainly Moses and Samuel were two of the best Iudges that ever were in the world and are to be as patternes and looking-glasses to all Magistrates so that as he is the best Christian that is most like unto Iesus Christ so he is the best Iudge that is most like unto Moses and Samuel Moses Exod. 18. 13. sat to Iudge the people who stood by him from the morning untill the evening he ended the businesse of the day with the day ver 16. sayes he I Iudge betweene one man and another and I make them know the Statutes of God and his Lawes if a Iudge can but teach people the Statutes of God and his Lawes his worke is in a good forwardnes and more then halfe done In that Samuel is commended for telling Eli the destruction of his house it argues that the best part of faithfulnes is to discover the abuses and errors in any profession as being best knowne unto them for the end of the professors and of every ones profession ought to be the same viz. the welfare of the body politique therefore whereas there are many Ieofailes rubs that lie in the Allies of Iustice that poore men are overborne in their righteous causes by full purses which the Reverend Iudges proceeding regularly as they find the course of the Court cannot remedie without the power of Parliament I have seriously thought that oppressions in Courts of Iustice have been spun by the late Courtiers with so fine a threed that few but those that daily meet with it in practise can see it and therefore unlesse it please God to move the hearts of the honorable Iudges in pure love to Iustice to propound fit remedies to the Parliament plaisters that may be large enough for the wound I meane an Act of Retranchement to cut off all unnecessary delayes and expences in matter of Iustice between man and man that poore men may have it for Gods sake the rich for reasonable consideration it will lye very remote from the understandings of many worthy publike spirited men what course to take therein without which all the warres have been but as purgings and vomitings the health of a State consisting in the equallity and harmony of Iustice and all Martiall Iustice is sanctified by the Civill Iustice as for example if one of the Reverend Iudges would make it his suite to the Parliament that a bargaine and sale might be as strong as a fine Recovery that a poore Farmer or Cottager might leave some small portions to his yonger Children without paying one or two yeares purchase for the charge of a fine and recovery what an ease might this be to men of small estates to passe them from one to another and to cut off Intailes by a deed in writing without so much solemnitie and expence if another would set forth the unprofitablenes of Outlawries which are to no purpose but to multiply expence And a third be earnest for an Act to plead the generall Issue in all Actions and at the Assises to insist wholly upon the merit of the Cause whether the money be due or not whether the Plaintiffe have right to the Land or not I am confident it would make sweet musicke in Parliament I do not intend to dispute the lawfulnes of Legall proceedures in point of conscience to them that Iudge them so but in point of comfort at the day of Iudgment let me humbly propound this to those that sit in the seat of Iustice whether it appearing to them that the defendant hath paid the money though it be after the day of payment limited in the Condition or that the money is payd upon a single Bill where payment by Law is no plea or that the Plaintiff in an Ejectment hath a cleere right to the Land but the lease Entry and Ejectment was not proved in due forme of Law or if a wilfull murder be committed and so found by the Iury but there is a word mistaken in the Indictment whereby the murderer escapes for that Assises and so the matter compounded or the prosecutor desists and the Plaintiff in the Ejectment must begin againe having lost his own charges and payd above five pound costs to the defendant who continues the wrong keeps the Lands unjustly from the plaintif the defendant that hath paid the money is forced to fly into Chancery for reliefe where the unjust Plaintiff at Law refuses to appeare or else demurrs because he hath a Iudgement at Law or the witnesses dead and so the poore defendant taken in execution and buried above ground in prison for ten pound where the principle debt was but five pound and that paid though not at the prefixt day and so proved to the Iury I say whether it would not be easier for thē to give an accompt of reforming such errors then otherwise but if by the Parliaments intention in altering the Iudges oathes enjoyning them onely to proceed according to Iustice the Iudge may not of himselfe moderate such like extremities then of what huge concernment must it needs be humbly and earnestly to sollicite for present remedies for what souldier can with comfort fight with a blunt sword it is a great joy to Physicians to cure their Patients but if any dye under their hands when they might by a little
Parliament leaving the body of Antichristian Goverment by Bishops as before or if the body of Antichrist come to be destroyed and the thighes leggs or feet onely remaining in any Coercive Presbiters when Kings will play at small games rather then sit out and joyne with any people in the world to persecute the people of God see the end of such Kings ver 14. They shall make warre with the Lambe and the Lambe shall overcome them for he is Lord of Lords and King of Kings and they that are with him are called and chosen and faithfull and this Arraignement of Monarchs and Grandees for abusing the Spouse of Christ shall not be onely upon the puritie of Intention which will not Iustifie any Irregular Action for to Act Irregularly upon an Impetus or Impulsive spirit makes Scripture uselesse but according to naturall Iustice and common equitie that when Kings shall proclaime the Saints Traitors Heretiques and Rebells because they will not fall downe and worship the Lord according to human inventions and shall raise Armies to destroy them as enemies to their Crowne and dignities such Kings have forfeited their Civill Rights as the Kings of Canaan did and honest faithfull righteous men chosen by the people shall be their successors to whom by vertue of the equity of the Oathes of Allegiance and Supremacy the people are to be true and faithfull as to the Lord for whom and by whose lawes they preside and regulate their Administrations and other obligation lies upon no man by vertue of any such Oath that he formerly tooke for there is no other successor the wisedome of God hath in Iustice so ordered it and He that is Truth when men are lyars is also wise when they are fooles for the oath was only binding to the positique capacity to be true to the King so farr as he was true to the Lawes and safety of the people Hee that tooke it in any other sense made the King a God infallible and impeccable when he sets up a standard of defiance against them is any man so unsound in his intellectualls as to thinke that the oath obliges him to stand still and suffer his owne throat to be cut No oath can tye any man to doe or suffer that which is destructive to humanity and as for Christians certainely by that statute of Numb 30. what ever any Christian vowes without the consent of her husband Iesus Christ is meerely voyd in Law and a precipitate rash oath as that of David against Nabal I Sam. 25. 22. binds not but to repentance Levit. 5. 4. 5. If it be objected that Iosua fought against Kings of another Nation as Gods people in England did not what forraigne assistance hath been in that kinde I shall not dispute but the answer is very easie that the neerenes of the relation much aggravates the offence on the Royalists part If ambitious Princes would give Commissions of Array against forraigners and not to destroy their owne people then it might be but a sin against the sixt and eight Commandement but to destroy his own Countreymen is a complicate offence of Treason also and a sin against the fift Commandement as well as the other two to betray those that trusted him and certainly had not the Parliament executed the late King the Danes or some others might have destroyed them for God binds his people by his legall Commands to Act and accomplish his designes and to destroy all Tirants and oppressors and to say who ever heard of such a thing before is an argument wherewith onely ignorant poore people are taken as the people said when Iesus Christ cast out the dumbe Spirit Matth. 9. 33. 34. it was never so seene in Israel he casteth out Divells through the Prince of Divells wee doe not read that God ever dealt with any Saint as with Iob yet Iob was no hypocrite I say the Lord hath layd an absolute Command upon the Parliament to proceed as they have done upon paine of his high displeasure and being guilty of high treason against the Majesty a terme not fit for any mortall man because higher then that wee cannot give of Heaven and of being utterly destroyed if they had not done it and that stroke put England into a salvable condition for doe but consider how severely the Lord dealt with Israel and Iudah when their Princes turned Lions and Wolves Then the Lord gave them a King in his anger 1 Sam. 8. 7. and Hosea 13. 11. ver I gave them a King in mine anger and tooke him away in my wrath will any man say that Sauls office of being King was of Divine ordination which was done in anger all Gods ordinances are appointed in love for the good of his people and Divine and humane society but Sauls being made King displeased the Lord and it is very remarkable that on the day and at the very houre of election Samuel dealt justly with them and told them of their great evill in rejecting God and his Goverment 17 18 19. and Samuel called the people together unto the Lord to Mizpeh and said unto the Children of Israel thus saith the Lord God of Israel I brought up Israel out of Egypt and delivered you out of the hand of the Egyptians and out of the hand of all Kingdoms and of them that oppressed you and yee have this day rejected your God who himselfe saved you out of all your adversities and tribulations and yee have said unto him Nay but set a King over us but though the Kingly Government displease God yet observe how gently Saul behaved himselfe to the people 1 Samuel 11. 12. There were some that would not have Saul raigne over them which the people would have had put to death but Saul said ver 13. There shall not be a man put to death this day whereas the Monarchs of the world make men offendors for a word one man for speaking in jest that he will make his sonne heire of the Crowne meaning a house that had that signe in Cheape-side and another for saying there goes Ed. 6. in Coleman-street have been most Tirannically murdered and executed Saul was never so bloody minded But one passage I may not omit the Holy Ghost foreseeing that Monarchy would have many Advocates to plead for its divine right for the satisfaction of all that will not wilfully shut out the light calls this importunitie of the Israelites to have a King to be a great wickednes and such a sin that the Lord will not let goe unpunished but sent unreasonable weather thunder and raine in wheat harvest Proverbs 26. 1. As snow in summer and as raine in harvest so honor is not seemely for a foole I hope England will not forget the wet season in summer 1648. how it was mid-winter at mid-summer and certainely the works of God have a voice and are most eloquent to his owne people what the Lord did to the Israelites for their asking a King England hath great
cause to thinke that the Lord was highly displeased with those that would have made peace with the late King read but 1 Sam 12. from the 16. to the 22. and it is all one to say that God is the Author of Monarchy as that he is the Author of sin for the blessed spirit which cannot lye calls it a great wickednes the people call it their evill and Samuel sayes they have done all this wickednes yet feare not for the Lord will not forsake his people for his great names sake because it hath pleased the Lord to make you his people and he promises to pray for them ver 23. as if Monarchy was such a great sin that if it had not beene that the Lord will not truly destroy his owne people Psal 89. 33. Exod. 32. 12. for what would the Egyptians then have said hee would never have pardoned it for a Iust rationall Goverment is one of the things that is of the greatest concernement in the world but is it not said 1 Sam. 15. 9 10 11. that God set up Saul to be King true but no otherwayes then he set up Pharoah to oppresse his own people but Saul and the people spared Agag and the fatlings which was Sauls disobedience and observe for what Saul lost the Kingdome the people will have a King though he erre but in mercy saying it is more noble to save him whom wee may destroy then to kill him whom wee may save alive and the best of the Sheep and the Oxen spared for sacrifice unto the Lord and confessed his sinne v. 24. Saul said unto Samuel I have sinned for I have transgressed the Commandement of the Lord and thy words because I feared the people and obeyed their voice 25. Now therefore I pray thee pardon my sin turne againe with me that I may worship the Lord 26. And Samuel said unto Saul I will not returne with thee for thou hast rejected the Word of the Lord and the Lord hath rejected thee from being King over Israel 27. and as Samuel turned about to goe away hee laid hold upon the skirt of his mantle and it rent 28. and Samuel said unto him the Lord hath rent the Kingdome of Israel from thee this day and hath given it to a neighbour of thine that is better then thou 29. and also the strength of Israel will not lye nor repent for he is not a man that should repent 30. then he said I have sinned yet honour mee now I pray thee before the Elders of my people and before Israel and turne againe with mee that I may worship the Lord thy God 31. so Samuel turned againe after Saul and Saul worshipped the Lord what would not the mercifull God of Israel pardon the King of Israel an error in mercy being but too pittifull to spare a great man that happily might have repented that confest his sin prayed for pardon that he might worship the Lord that prayed againe for pardon of that particular sinne and did worship the Lord accordingly that was annointed 1 Sam. 10. 1. in token of the giftes and graces of Gods spirit and kist by Samuel for congratulation and homage 1 Kings 19. 18. Psal 2. 12. it speaks aloud to me that the Lord was very angry at Monarchicall Goverment and that Kings when they have possest themselves of such a God-like state and Immense powers Incompetible almost with humanitie not only by force and usurpation but by the peoples consent or election as Saul was the people shouted and said God save the King 1 Sam. 10. 24. and Chap. 11. 15. 't is said that the people made Saul King and Saul and all the men of Israel rejoyced greatly yet one offence and that a small matter in comparison though no sin be little that is committed against the great God makes a Monarch to forfeit all his Royalties for when people either for feare or through the vanity or pride of heart will tye themselves by Oathes or Covenant to be in subjection to any man the Scripture tells them that God is angry with them for giving away that libertie which he would have them keep and if they breake their trust never so little they may plucke them downe and choose godly and Iudicious men to rule over them in the feare of the Lord certainly Saul was a Saint in comparison of the pretenders to Monarchy in our dayes He sins in mercy not in cruelty confessed his sin never used any means to be King but hid himselfe as unwilling and unworthy to be King ventured his life most freely for the people was not guilty of Innocent Blood as we read of unles it were in the case of the Priests 1 Sam 22. 19. tooke the newes of his rejection from Samuel patiently acknowledged divine Iustice in all and would not have a man suffer that denyed his title to the Crown as in the place before alledged How unlike was Saul to Charles the last but by Solons law no evill is to be spoken of the dead least quarrells should be immortall He hath appealed to a higher Tribunall where no error will be found in the sentence pronounced against him but all that had a hand and acted in that execution from a consciencious principle to be rid of Tiranny and oppression in discharge of their duties to God and man Not for any sinister end to make themselves great but faithfully to serve their generation will have much cause of rejoycing therein at that great day when the secrets of all hearts shall be disclosed and many Iudgments given in severall Courts shall be reversed but that undoubtedly will be confirmed Object But it is strongly objected for Monarchy that God accepted David it is said of him 1 King 15. 4. 5. Nevertheles for Davids sake did the Lord his God give him a lamp in Ierusalem to set up his Son after him and to establish Ierusalem because David did that which was right in the sight of the Lord and turned not aside from any thing that he commanded him all the dayes of his life save onely in the matter of Vriah the Hittite Ans Gods choosing David was no approbation of the Kingly office in him more then in Saul God never said that Davids office was after his own heart unles sin and great wickednes be after Gods heart God gave Saul gifts he had a spirit of Regiment the Israelites were resolved to have a King as the Heathens had whether God would or not let them have one sayes God at their own perills when the King was good and governed them as the good Iudges did and would give an account to the people a reason of all his actions Then God had his will and the people had their wils to have the name of a King but the Nature of good magistrates and certainly I have thought many times upon the late troubles that if I durst have asked any thing in the world contrary to the minde of God
shall we say of the Kings of Israel Iudah where the King is sole Iudge or hath a negative voyce there he is unlimitted and consequently a Tirant that may do wha the pleases and such a one can never have any love of a people of any understanding if the people be Iudges and may make warre or peace without the King then he is no King it is no discretion to be too much in particulars Certainly for the generall Monarchs have beene monsters of men a generation of men and women borne for the scourge and punishment of man kinde whose wickednes and villanies have been of the highest Elevation and Magnitude more forcible to provoke and irritate Gods Iustice to punish the world then the honesty and single-heartednes of the people to incite procure his pardoning mercie and forgivenes Therefore I hope all good people will agree with me that we have great cause to rejoice in that famous peece of Iustice of Ianuary the 30. 1648. acted where most of their miseries had been plotted and as Iosephus records antiquit lib. 18. cap. 6. of one Marsias that after the death of that Tirant Nero or Tiberius Hee made an Oration to the people to write every man upon his doore The Lion is dead and as after the removall of Tarchoni the Romans would not so much as endure the name of a King which comes from the old Saxon word Koning or rather cunning for they learne to catch the prey and devoure men I would intreat my Honored Countreymen to be as wise in this generation as the Romans were before Christs time and instead of plotting to destroy themselves by hunting after new Tirants to consider what the Spirit of God saith in the 19. of Ezek from v. 1. to the 9. v. Let them say unto the children of the late King what your mother a Lionesse she lay downe among Lions shee nourished her whelps among young Lions and shee brought up one of her whelps it became a young Lion and it learned to catch the prey it devoured men but when she saw that her hope was lost shee tooke another of her whelps and made him a young Lion and hee went up and down among the Lions he became a young Lion learned to catch the prey and devoured men then the nations set against him on every side and spread their net over him he was taken in their pit and they put him in chaines and imprisoned him that his voice was no more heard upon the mountaines of Israel how admitable and adorable is the fulnes of Scripture as if it had been calculated for the Meridian of England Zedekiah was the last King of Iudah the whelpe was Iehoahaz who was King for three moneths only 2 Kings 30. ver 31. he was taken in a pit or net a phrase importing the manner of catching Lions of whom Ieremie Prophesied that he should never returne to see his native Countrey Ier. 22. 10. the other whelp was Iehoiakim who went up and downe craving aid from the King of Egypt to make him King which was the cause of his ruine the roaring of the whelpe made a great noyse by their cruell and tirannicall commands but they were taken in strong holds being dead were buried with the buriall of an Asse Ier. 22. 18. thrown out upon a dunghill It is not I but the Spirit of God in the holy Scriptures that calls a King that challenges a power against the publique judgment of the people in a nationall Counsell and his Children a Lion and his whelps the Lord knowes my heart that I beare no more malice to any one herein mentioned or intended then I did when I lay in my cradle and though I should expect no more mercy from them then there is milk in a male-Tiger if the Lord should suffer mee to fall into their hands as hee justly might in regard of my sins though I trust for his mercies sake hee will not yet I doe freely pray for blessings upon them that if it be the will of God those Fatherlesse Children which are not fit to be Kings upon earth may be Heires of Heaven to a Kingdom that cannot be moved and if it shall please God to give repentance to any of them that with Achan they shall confes their sin and give glory to God learne to governe themselves and renounce all vaine and sinfull pretences I should be an humble Advocate for them that Mercy might be honorably seated on the right hand of Iustice and that there might be not onely a competent but an eminent exhibition allowed them for their support for I could heartily wish that such as professe Christ would dye more to vaine Phylosophy Col. 2. but live to morall Phylosoply if it were but to learne this lesson of blessing them that curse us and doeing the good of Iustice against the evill of injustice because for any man to lay aside his Iustice is to deprive himselfe of reason to become a brute Iustice being neerer of kin to every Magistrate then his child or brother as being part of his soule but Iustice without Mercie is crueltie and Mercie without Iustice is meere fatuitie FINIS Pray excuse the want of a Greeke Character and the Errata viz. OMitted in the title page these words viz. With some humble petitions and observations interweaved concerning Cheap and speedy Iustice with the Authors hopes above his feares of happy dayes In the same page leave out late in the Epistle read in their annotations for breach read branch read the Law must be set for party read Deputy for records r. retards for leave it read beare it for intertolares read intercalares for it is not r. Is it not for one Act r. an Act. r. Imaâ—es r. seemes r. a just r. as the defendant r. I scarce for flocke r. stocke r. many families preserved which would r. breaden r. will not doe it r. may seeme r. as if godly r. would sit r. straitned r. any time r. meanest souldier for begin r. begun for have been called home r. may be called home for prudencie r. precedencie a line left out r. I doe not know that he hath left his peere behind him fol. 32. for head r. hard f. 52. for direct r. dwelt f. 57. for Paul r. Saul f. 63. for contrited r. conceited fol. 82. r. preserved f. 90. r. captivity f. 92. Princes fo 96. r. Author of f. 97. r. not only to the death f. 139. r. when I heard f. 131. r. Tarquiu Animum verbi Divini studi osum Reformatio Legum Vivimus Morimur Pauca recensentes facile pronunciant Cura anima rum est cura curarum Erudimini Dr. st Monos arkein Revel 9. 11. Pauper Calvinus multos fecit divites Prudentia Humana Capitalis Inimica Christi Altius patibulum Habemus legem c. Celerem Iustitiam non Iustitium That Fox Herod Magno Conatu nugas agere Spiritum Regiminis non regenerationis Gloria Papoe successoris est rescindere Acta predecessoris deleatur nomen Calvini E pessimo Cane ne catulus quidem relinquendus Igni traduntur lege Papistarum Habetis confitentes reos Exeat aula qui vult esse pins Non unitum sed unum Tedneken o Leon