Law of the 12 Tables is said to be the end of Law and Equity Tac. 1. Annal. l 3 c. 5. p. 71. Nature holds forth but one Light to men and God gives but one Law to Christians This is the end of Magistracy The Execution of Justice which in their hands whether Supreme or Subordinate is that Vertue which is commonly called Distributive Justice and comprehends in it (c) Equity is the Law of Nature to which all men are bound That is honest which is agreeable to the Equity of Nature Bod. Rep. l. 1. p. â—05 Equity and the same likewise is called Righteousness Now that Justice and Equity are the same thing there is nothing more clear as Aequum Justum are Termini convertibilés so are Justice and Equity (d) Weems M. L. Com. 8. Exerc 8. p. 225 230. Godw. Antiq. Rom. l. 3. sect 4. c. 1. Isa 59.13 14 15 Prov. 17.26 And these are indifferently taken one for the other in the Holy Scriptures Isa 59.14 Justice standeth afar off and Equity cannot enter By these two words is elegantly set forth the Injustice of the Magistrates who had to do in execution of Justice and Judgement as is there expressed The same appears in that place of the Proverbs To punish the just is not good nor to strike Princes for Equity It is an evil and wicked thing to punish men for doing that which is just or to abuse Magistrates for executing Justice Coloss 4.1 Col. 4.1 Masters give unto your Servants that which is just and equal The two words there used are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are indifferently taken one for the other and either of them signifie just or equal Phil. 1.7 Phil. 1.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montanus translates it Sicut est justum (e) Pasor Lex p. 187. a. 2 Cor. 8.14 Pasor in his Lexicon renders it Prout aequitas postulat 2 Cor. 8.14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this is Englished That there may be equality The same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is translated by the (f) Pasor Lex p. 343. a. Learned Aequalitas aequitas justitia and so it 's indifferently used for either Equity or Justce which are the same thing being referred to the act of the Magistrate in distribution of Law or Right (g) Psal 98.9 1 John 3.7 And Almighty God is said to Judge the World with Righteousness and the People with Equity The like appeareth in many other Texts of Scripture And in the same sense these words Justice and Equity are indifferently used by Profane Authors to signifie the same thing and they are onely distinguished thus (h) Franc. Sylvii Com. Orat. Cicero pro Murena Tom. 1. p. 771. Aequitas est ratio Legis Jus vero sententia ipsa so that Equity and Right are not administred as several things (i) The Law without Equity is as the Body without the Soul The least Judges have power to judge and give sentence according to the equity of the cause Bodin Repub. l. 6. c. 6. p 763 764. but the one is in the minde of the Judge the other more perspicuous and both made up the act of Justice And the same Author chargeth it as a fault that Usu saepè venit ut inter se pugnent Juus Aequitas In this sense the Lawyers themselves have used Lex for Jus and Aequitas or the one for the other (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Finch c. 1. f. 1. Consuet Norm tit de Jure fo 125. tit de Justit cod Cust Norm tit Justice pag. 7. B. Arist Eth. l. 5. c. 41. Lex dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à distribuendo que ceo distribute droit a Chesc ' Because it gives Right to every one The very same words are used in opposition of that Law of the Romans called Lex (l) Eubul Din. Scho. in Orat. Cicer. de Lege Agraria tom 1. p. 710. This Law was for Division of Lands amongst the poor Commons being sound in the possession of private persons Tit. Liv. l. 2. p. 71. c. Agraria where the Commmentator in his Scholia's upon Cicero's Oration against that Law saith Lex suum cuique tribuit and thence reasons and concludes Logically thus Maj. The Law gives to every one Right Min. This Law doth not give to every one Right Concl. Ergo haec Lex Justitia non est Let our Law and Equity be laid to this Rule and see how any man living can defend both A poor man for Example is bounden in a Bond of Twenty pounds conditioned for payment of Ten pounds with Interest which Bond is forfeited because the Money was not paid at the day although it was paid two or three years after and nothing unpaid but Interest The Creditor puts this Bond in Suit it may be either out of meer covetousness or to hook in some other pretended Debt or Duty The Defendant pleads Condition performed or upon the general Issue gives in Evidence the payment of the Principal three years after the day limited in the Condition The Judge in such case must give direction for Law That the Jury must finde for the Plaintiff for that the Defendant (m) Justitia legalis stricte sumpta quatenus opponitur aequitati est iniquitas c. Amesii l. 5. de Conscientâ—â c. 2. p. 269. Finis Legis est Justitia Coed Rhod. l. 13. c. 19. p. 697. must have his Remedy in Equity and accordingly a Verdict is given for the Plaintiff And the Defendant preferreth his Bill into the Chancery and therein alledgeth all that is true and somewhat more to make his Bill hold and if the Plaintiff at Law get Judgement entred before the Bill come in which may be had the first week in the next Term after the Tryal there is an end of the Suit the poor man hath had Justice Summum Jus that is the extremity of the Law which is Summa Injuria and his Adversary hath Execution against him for the Twenty pounds Penalty and Eight pounds for Costs which is given in nature of damages This he Defendant must pay or lie in Goal and the Law as it is Justice in conceit cannot relieve him Well the poor man hath it may be got a Reprive upon preferring his Bill the Plaintiff at Law is either in Contempt or prayes a Dedimus Potestatem to answer in the Countrey or it may be in his Answer confesseth part of the Money paid or else that the Bond is ancient Hereupon the Complaint in Chancery obtaineth an Injunction and in short goes to Commission and brings the Cause to Hearing and hath a Decree That the Plaintiff paying the Interest which may be some thirty shillings and Costs which may be five Marks besides the aforesaid Eight pounds the Defendant who was Plaintiff at Law shall acknowledge satisfaction of the Judgement and deliver up the Bond. The Decree is inrolled and the Defendant served with a
gave them the Lands of the Heathen and they inherited the labour of the people that they might observe his Statutes and keep his Laws A POST-SCRIPT Containing sundry Positions founded upon the holy Scriptures serving for principal grounds of Laws amongst Christians 1 FIrst that the holy Scriptures are of Divine Authority the rule of life and good manners Isa 8.20 Gal. 6.16 Eccles 12.10 Luke 16.29 31. 2 Tim. 3.16 17. 2 That Christian religion reformed contained in the holy Scriptures is to be held forth as the general and publick profession of the Nation Math. 10.32 Luke 12.8 Rom. 10.9 10. 3 The holy Scriptures are to be publickly and constantly read in the Congregations Act. 13.15 and 15.21 Deut. 31.11 12. Neh. 8.18 4 The worshipers of idols or false Gods and such as draw others to idolatry are not to be tolerated but to be punished severely Exod. 22.20 Deut. 13 5.8 9 15. Job 31.26.27 28. Exo. 32.27 28. 5 Blasphemous cursing and speaking reproachfully against God is to be punished with death but not every errour or reputed Heretical opinion or which is accounted blasphemy Lev. 24.11.14.15.16 1 Sam. 17.43 45. Job 2.9 Dan. 3.29 6 The conscience of the weak is to be perswaded not to be enforced contrary to the light thereof especially in case of things indifferent Rom. 14.3.13 23. Act 15.24 28. Gal. 5.1 7 That the publick worship of God is to be commanded and provided for by the Supream Civil Magistrate 2 Chron 14.3 4. and 30.6 and 31.2 1 Kings 8.1.5 15. 8 The Supream Magistrate if not known by evident Demonstration that he is designed of God to Government by conquest or special deliverance wrought by him is to be chosen by the people 2 Sam. 5.1 3. 1 Chr. 11.1 3. Psal 78.70 Deut. 17.14 15. 9 That there ought to be Government of several sorts and degrees subordinate from the Monarch or Chief Magistrate unto the number of ten in every Village and these to be appointed by the Supream Magistrate Exod. 18.21 22. Numb 11.16 17. Rom. 13.4 10 That all matters of controversie wherein one man wrongs another are to be judged by the Civil power in the hands of Magistrates and Judges 1 Sam. 2.25 Exod. 18.21 22. 1 Peter 2.13 14. 11 That the Supream Magistrate is Judge of all great and weighty Causes and the word of God ought to be his rule Exo. 18.22 26. Num. 27.5 8. Deutr. 1.17 Lev. 24.11 12 Many thing are to be Judged according to the discretion of the Judges with reference to the Law of God and such Judgments not to be accounted Arbitrary much lesse to savour of tyrannical Government Exod. 21.22 30 35. Numb 27.8 1 Kings 2.44 and 3.16 25 27. 13 No man ought to be a Judge or Magistrate but he that hath abilities of nature grace that feareth God and hateth covetousnesse ordinary Jurors not to be allowed as competent Judges of matters of fact for want of qualifications Exo. 18 22 26. Numb 11.16.17 and 27 18 20 Acts 13 22. 2 Sam. 23.3 14 Magistracy is to be reverenced and the contempt thereof punished according to the offence Exo. 22.28 Acts 23.5 2 Sam. 16.5 6 7. 1 Kings 2.44 15 The power and Authoritie of the Supream Magistrate is to be upheld and maintained and the Common-wealth defended by the Estates and strength of the people Mark 12.17 Math. 17.27 Rom. 13.6 7. 16 Disobedient Children sons of Belial without Yoke given up to drunkennesse and excesse of Riot such as curse strike and abuse their parents are to be severely punished and being found incorrigiable are to suffer death Deut. 21.20 21. Exod. 21.15 17. Math. 15.4 17 Every man ought to rule in his own house the Magistrate upon complaint to rectifie abuses therein Deutr. 21.19 20. Hester 1.20 22. 1 Tim. 3.4 Exod. 20.10 18 He that wilfully killeth any person although in hot bloud and upon some petty provocation ought to suffer death Exod. 21.12 Rev. 13.10 Lev. 24.17 21 22. 19 He that hurteth or striketh another is to be punished according to the hurt to pay for the cure and recompence the party hurt for his damage and losse of his time and if the hurt were done malitiously and presumptuously he is to pay eye for eye tooth for tooth 21. Exod. 18.19 Levit. 24.19 20. Deutr. 19.21 20. Such as make uproares in the Common-wealth where death follows or is occasioned by such uproares are to suffer death Luke 23 19. 2 Chr. 23.14.15 2 Sam. 20.21.22 21. a All Adulterers a Buggerers â— Witches b Sodomitâ—s b Ravishers and profâ—ssed or common â— Whores are to be put to death and so are all such as commit a Incest in the nearest degrees truly so called a John 8.5 Levit. 20.10 Jer. 29.22.23 a Exod. 22.19 Levit. 20.15.16 a Exod. 22.18 Levit. 20.6 b Levit. 20.13 and Lev. 18.22 b Deut. 22.25 2 Sam. 13.14.29 a Gen. 38.15.24 b Levit. 20.11.12 and 18.6.7 22. Fornicators are to be punished severely and to make satisfaction to the parties wronged by such uncleanesse Exod. 22.16.17 Deut. 22.28.29 Jude 7. 23. All wantonnesse laciviousnesse and filthy acts of uncleannesse are to be severely punished by the Civil Magistrate Prov. 6.29 Jude 7. Deut. 25.11.12 24. That for felonies of Goods or Cattle stollen the Thief not to suffer death but to make restitution according to Gods Law as the case shall be and be bounden to serve in case he cannot satisfie Prov. 6.30.31 Exo. 22 1.7.4 7. Job 20.15.18 2 Sam. 12.6 Luk. 19.8 25. That for publick and presumptuous theft to the great prejudice of the Common wealth or where murder followeth the Thief shall suffer death Josh 7.11.25 2 Sam. 12.5 Exod. 22.2 26. That no man to be convicted in any case Capital but by the Testimony of two witnesses at least Deut. 17.6 2 Cor. 13.1 Heb. 10.28 Numb 35.30 27. That a single witnesse shall convict no man in any case without other proof or evincing circumstances Deut. 19.15.18 John 8.17 and 5.31 Math. 18.16 1 Cor. 13.1 28. That a perjured or malitious false witnesse shall suffer the same punishment or losse which his false Testimony regularly should cause another to suffer and the suborner of Perjury in like manner Dan. 6.24 Deut. 19.18.19.21 Prov. 19.5 29 That for all trespasses by ones self or any other by his appointment the wrong-doer shall make satisfaction both for damages losses Gen. 31.39 Deut. 22.19 Exod. 21.28 Exo. 22.5.6.9 30. That for all losses by breach of covenant or promise satisfaction to be made by the wrong-doer both damages and losses Gen. 31.39.28 Exod. 22.10.12 Levit. 19.13 31. Where a man is over-wrought and deceived in any contract or covenant the deceived iâ— to be relieved and not to be bound by such agreement 1 Thes 4.6 Levit. 19.13 Isa 1.17 and 58.6 32. That where a man at liberty and of aged discretion swears to perform any lawfull contract or agreement he is to be enforced to perform it although he were deceived 1 Kings
Bishops could do or procure without the help of the Judges 1 Cor. 8.12 Joh. 16.2 3. 1 Pet. 2.19 Jer. 38.6 51. The Law concerning Heriot-Service where Heriots multiply insomuch that if a Tenement be divided into twenty parts he that hath but a Foot of Land shall pay a Heriot (f) Kitch f. 134 44 Ed. 3. Fitz. 1 Custom Corley Com' Wai ' Case between L. Brook and Sewal Cowel Inst l. 2. Ti. 3. S. 31. p. 129. that is his best good or beast or the second as the Custom is The Lord doth usually till on the Tenants and takes 5 s. or 10 s. for a Heriot where a man pays Five or Six but if the Tenant cross the Lord he can take the utmost according to the Rule above-said This is a great Oppression Isa 33.15 Exod. 1.13 14. Levit. 25.46 (g) Bodin Rep. l. 2. p. 202 This Tenure was first created and payable by Souldiers who had Lands given them by the Conquerours in England and many other Countries long since and is worthy to be abrogated 52. That great (h) 25 H. 8. c. 22. Cock Engl. Law p. 4. Jun. Brut. vind p. 49. Laws Geneva p. 12. Claiming Offices by Descent is condemned and rejected by the French and several Decrees made against it In the Records of that Court one solemn Decree appears Anno 1272. Bod. Rep. l. 3. c. 5. p. 331. The Israelites before they had a King in time of Warre chose them a Chiâ—ftain such a one as God had stirred up to save them and to him they gave Regal power Idem l. 3. c. 7. p. 363. Offices of Rule and Trust requiring great abilities and especiall graces for the execution thereof should be Hereditary or by Succession seems to be against the current of Scripture Moses sons ruled not but Joshua succeeded for that such as have been special Instruments to save or deliver the people as Moses Joshua some of the Judges David and others were especially designed of Almighty God for Government and others were appointed and elected by the People who were to be such as are described Exod. 18.21 Psal 89.20 1 Sam. 10.12 13 21 24. 1 King 19.15 16. Deut. 17.15 It 's said of Augustus Caesar That he never commended his sons to the People for Government but with this Clause added thereto If they shall deserve Suet. Tranq in vita August Caesar Grot. Pol. Max. part 1. cap. 3. pag. 20. Godw. M. A. lib. 5. cap. 5. Willet Hexa in Exod. 18.21 22. Qu. 21. Hos 1.11 (i) Idem l. 4. c. 1. p. 412. Hank Right dom l 2 c. 6. p. 37. This Succession is judged to be the cause why there are so few good Rulers and Magistrates 53. Tryal by a Jury is no Scripture-way and as now things are generally practised As a man is friended his Cause is ended In ordinary Cases the Jurors are of the meanest of Free-holders both in Understanding Credit and Estate and for the most part such as will give the Bayliffs nothing to excuse them Anciently they were to have (k) 8 H. 6. c. 9. 1 H. 8. c. 8. 23 H. 8. c. 13. 35 H. 8. c. 6. 40 s. per an of Free-hold afterwards that 40 s. was raised to (l) 27 Eliz. c. 6 Four pounds yearly Now in cases of Titles and other business of any considerable importance the Jurors are privately dealt withal and although no more can be proved but that (m) Cock Eng. Law p. 45. such a man desired them to appear and do their conscience which is justifiable yet many times the Jury know the matter in question beforehand sufficiently and one side or other is confident of the Jury if such and such leading men appear and they know who will give them the best reward or are like to prove their best friends If the Judges were such as the Scripture holds forth That they should be able men men of truth fearing God and hating Covetousness there were no need of such poor-conâ—ition'd fellows as many times they are to be Judges as these are in all matters of Fact between Cause and Cause which I take to be an offence against God Cock Essay p. 138. the Jurors wanting the qualifications of Judges that the Judges and those which ought to be Judges delegate their power to others and do not judge all Causes themselves (n) Plow Com. f. 231 a. Anciently there were a Jury of Judges in the Upper Bench and Common Pleas that is Six in each Court who used to meet together to declare the Law It is the pride of man to judge onely matters of (o) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 1. f. 58 a b. 9 H. 6. 38. 14 Eliz. 410. Law and to let matters of Fact to be tryed that is judged by the Jury who may also try the matter of Law if they will The Jews had a righteous Law from GOD which was That the Nasi or as the Grecians call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prince or King for so Moses was called should judge all (p) Augustus and Tiberius did observe this Course Hawk Right of Dominion pag. 55. Ex. Bodin Sueto Tranq the hard causes and the Judges should judge the rest without any Juries The Jews had the great Court of the seventy Judges or Sanhedrim (q) This fulfilled that prophesie Gen. 49.10 Godw. W. A. L. cap. 1. pag. 4. lib. 5. cap. 5. p. 213. Num. 11.16 continued from Moses until Christs time when they were put down by Herod the Askalonite they had also two other Courts for tryal of smaller matters the Sanhedrim although they usually sat at Jerusalem Yet many times they divided themselves and did sit in five several places for the ease of the people although all the Land of Canaan which the Jews had on this side Jordan was not above 100 miles in length and 36 miles in bredth The next (r) Godw. M. A. L. 5. c. 4. pag. 210. 111. 212. Court consisted of 23 Judges which sate in the Gates of the several Cities every City having such a Court. The third Court consisted of three Judges which judged the smaller matters in every Village (Å¿) Godw. An. Rom. lib. 3. Sect. 4. cap. 20. The Graecians and Romans had their proceedings in causes criminal and civil and personal much like unto the Jews and in case of life and death the whole Court of Judges sate who were more in number then the Jews Sanhedrim and the Judges (t) Rous Att. Ant. pag. 110 112 118 125 126. were sworne where there was a Law to Judge according to that Law and where there was none to Judge according to equity and conscience The Chief Justice or President amongst the Graecians was called Basileus in Imitation of Moses who was the first chief of the Sanhedrim And if the heathen by the light of nature thought good to receive these laudable Customes and Laws from the people of God why
a number as might be such a Survey might do well in the Courts in these dayes to the end that the trivial frivilous and vexatious Suites being spewed out as (p) Lord Bâ—kon Essayes the surfets of all Courts such as were of good use and concernment might have time to be determined (q) Sueton. Tranq in vita Claudii Nâ—ronis sect 17. It was a Law amongst the Romans that no Clark or Notary who was to draw or write any other mans Will should put down any Legacy for himself Also that impleading and deciding of controversies all those causes which aforetime were debated before the Masters of the Exchequer or Citie Chamber should be removed into the Common-Hall there to be tried and that appeals from the Judges should be made onely to the Senate (r) Bodin Republ. l. 4. c 6. p. 500. 502. The Historian commendeth this practise Sueton. Tranq in vita Augusti Caesaris sect 33. Idem in vita Tiberii sect 31. 33. Augustus Caesar used to sit daily in Judgement to hear Causes in the Tribunal or if he had not health then in his own house (Å¿) Idem in vita Flavii Domitiani sect 8. Flavius Domitianus used also to sit in Judgement upon the Tribunal and many times reversed such Judgements as were given for favour or obtained by flattery he warned the Judges not to give ear to perswasions and Rhetorical assertions and such Judges as were faulty he used to tax publickly and he was so carefull to chastize the Magistrates that the Historian saith they were never more temperate and just in their places than in his dayes (t) Bodin ut supra p. 415. Romulus left the ordinary Administration of Justice to the Judges but reserved the greatest matters to his own Judgement (u) Godw. Aâ—â—i Rom. l. 3. Sâ—ct 4. c. 6. The Romans had a Law that no Senator should use any Trade but those were utterly forbidden the use of trading for fear it should breed favour or corruption And another Law of the Romans was (x) Idem l. 3. Sect. 4. c. 17. Ex Cicerone de Senectuâ—e that no Advocate or Oratour should receive any gift or reward from his Client for pleading his Cause for that they were paid by the Common-wealth which was a very (y) Cook Essai pag. 185. indifferent way for all people Cock Essay pag. 185. (z) Rous Att. Ant. l. 3. c. 1. pag. 110. and pag. 111. 112. The Graecians proceedings in their Courts was like to the Romans and if the Defendant did not appear upon the Summons he was taken by default and if he would have any ease against the Judgement he must bring the Cause on to hearing against himself within six weeks or else the first Judgement to stand That Defendant which had not five of the Judges voyces for him was to be fined and the Plaintiffe that made not good his charge was to pay costs And if the Cause were Criminal before the Suit was allowed to proceed the Prosecutor took his Oath that his accusation should be just Cook English Law p. 103. To conculde good Laws are more securitie to the people than good Magistrates our Laws have sufficient in them to bring in the whole body of Popery except the Popes supremacy and to destroy all the faithfull people of the Land and therefore it 's to be wished that the Laws were (a) Lâ—chfords Newâ— pa. 26. In the great Câ—uâ—t at new England held twice in â—he yâ—ar like our Assizes the Matters of the Charge to be inquired of are reduced by the Governour who gives the Charge under the Heads of the Decalogue made agreeable to the Laws of God and then if the proceeding and execution of them were either like the Jews the Graecians or the Romans and that all ordinary matters might be decited and determined in the proper Counties it would be found I doubt not a great blessing and happinesse to the people And I cannot imagine what can be said against this but that which is called reason of State the very name whereof an honest Pope abhorred This (b) Grotius Pol. Max. par 1. c. 4. p. 31. 32. as one saith was anciently the same with Equitie but as now it s used in the world is nothing else but a device that carries the face of equitie supposing it Lawfull not onely to transgesse the Laws of men (c) Bodin Republ l. 1. pag. 104. accounts this a thing most absurd The three Temples belonged to the Templâ—rs untill Ed. 2. his time and thence to the Hospitallers untill the desolution in the time of H. 8. but even the Laws of God for Politicke ends And since Machiavel plaid Achitophel this for shame is called reason of good government 1. This policie will tell us that thee hange of the Laws the practice thereof will dishonour and demolish the most famous Universitie in all the world for our kinde of learning the Inns of Court and of Chancery 2. It will Eclipse the glory of Westminster and a great part of London whose inhabitants live by lodging and victualling 3. That tediousnesse of Law-suits and the great expences thereof are to be tolerated as a necessary evil or punishment which serves to keep men quiet and deterre them from many unnecessary Suites which otherwise would be commenced but that they fear the remedie may be worse than the disease 4. That the Law is a (d) Tyrants use to imploy their Tributaries in wars abroad or idle and needlesse Trophies that they might want leasure to think of other things Jun. Brut. Vind. Conâ—râ— Tyran p. 10â— Upon this ground stage-playes and Stewes are suffered in some Countreys necessary evill to keep men from contriving and practising Worse mischief in the Common-wealth which they have no leasure to do whil'st they are wrangling and jangling about Law-suits 5. That expence on Law-suits is a good means to keep such men who are of restlesse and unquiet spirits poor in the Common-wealth whereby they are disabled to make head against the Government These and such like props for upholding this frame of building appear upon the first view to be too weak and unsound to prop up the same being herein already answered and are all overthrown by that rule of Scripture (e) Rom. 3 8. We must not do evil no not the least that good may come thereof Now seeing it hath pleased the Lord our God to bring us not onely out of that iron furnance and darknesse of Egypt the hard service and ignorance of Popery but also to give an end to our wildernesse miseries and to settle us in peace after all our wars and distempers and so to put us into a condition as the Israelites to receive good and wholsom Lawes let us learn Gods end in this and know for our instruction what is recorded by the Holy Ghost Psal 105. v. 43.44.45 hee brought forth his people with joy and his chosen with gladnesse c. And
2.42.44.46 Josh 9.14.15.18 Psal 15.4 Eccles 8.2 Heb. 6.16 33. Such as curse or abuse the Chief Magistrate or Judges are to be severely punished Exo. 22.28 1 Kings 2.44.46 2 Sam. 16.5.6.7 Acts 23.5 34. That tale-bearers contentious persons and breakers of the publick peace are to be suppressed 1 Tim. 2.2.3 Cant. 2.15 Prov. 26.20 Hab. 1.3 Levit. 19 16. 35. That no man is to be his own Judge or Avenger and therefore all such as enter forcibly or take mens possessions from them without their consent to be punished and the oppressed relieved 1 Kings 21.19 Mich. 2.2 Rom. 12.19 36. That excesse of riot in feasting and drunkennesse ought to be punished and restrained Hos 7.5 1 Tim. 1.9 Dan. 5.1.5.30 1 Sam. 25 36.37 Isai 22.13.14 37. All Estates of inheritance are to be Estates in Fee-simple and no Intails upon the Heirs Males Numb 27.7.8 1 Tim. 5.8 Gen. 23 11.17.20 38. All Estates with the Owners Pedegree are to be Inrolled in some convenient known place for avoiding strife and contention Jer. 32.11.12 Josh 14.14.15 Josh 15.89.19.20 Ezra 2.62 39. All mens Estates to be disposed of according to their Wills whether by writing or word of mouth Gal. 3.15 Gen. 48.22 Gen. 49.29 and 50.13 Heb. 9.16.17 40. The eldest Son not being guilty of any Notorious offence ought to have a double portion Deut. 21.17 1 Kings 2.15 Gen. 25.33 and 48.22 41. All younger children to have parts of their Parents Estates according to their deserts and as the Estate will bear Gen. 25.6 Luke 15.12 Josh 14.15 and 16.17 42. The Preachers of the Gospel are to have liberal maintenance that they may not be encumbred with the world 1 Cor. 9.7.8.9.11.12.14 Gal. 6.8 Luke 10.7 1 Tim. 5.17.18 43 Schooles of learning are to be maintained and godly learned men to be countenanced and encouraged Acts 19.9 1 Kings 18.4 1 Sam. 19.20 44 Lunaticks Mad-men Idiots and Infants are to be cared for by their friends and overseen by the Magistrates and the Estates of unthrifts to be managed and preserved by others for their Wives and Children Isa 49.23 Psal 78.71 72. 1 Tim. 5.8 45 That such as run in Debt shall have their estates sold to pay their Debts he that hath nothing to pay not to be imprisoned for Debt 2 Kings 4.7 Exo. 22.26 27. Luke 6.35 and 7.42 Math. 18.25 27 33 34. 46 Every man is to be enforced brought to be up to live in some lawfull calling and he that refuseth to labour not having other sufficient maintenance to be kept to work in some work-house like Bridewell Jonah 1.8 2 Thes 3.10 11. Gen. 3.17 1 Cor. 7.20 47 That all mens Demands and Complaints concerning Estates Debts Duties or Trespasses shall be made in plain Terms as the truth of the Case is Neh. 5.2 3 4 6 12. Numb 27.1 2 3 4 8 9. Acts 24.5 11 12 13. Josh 7.19 48 That the Defendants answer be plain and true without nicety of pleading or obscuring the truth Acts 26.4 5 6 7. Acts 7. the whole Chapter Joshua 7.19 20 21. 49 That all differences and Demands be heard in the prehence of the parties accusing and accused ad Judgemenâ— given before their faces if the parties be able to appear unlesse they wilfully refuse Acts 23.35 24.8 25.16 1 Kings 21.10 1 Kings 3.17.22.27 50 That no Counsel be retained for any Suters but that the Pleaders be rewarded by the State and be sworn as assistants to the Judges as indifferent men to endeavour to finde out the truth and not to obscure or overthrow it Exo. 23.2 Lam. 3.35 36. Judges 19.30 and Judges 20.7 8. Numb 22.7 17. 2 Pet. 2.15 Acts 24.5 51 That no man be admitted to be a Judge or Justice who takes any Fees or useth any Trade or dealing whereby he may be engaged to any party Exo. 23.8 Pro. 29.4 15.27 Isa 1.23 Deut. 16.19 52 That in taking of Oaths the holy name of God be invocated with lifting up of the hand without kissing the book Genes 14.22 Rev. 10.6 Jer. 4.2 53 That the matter of Clergie be exploded and instead thereof Judgement be given according to the merits of the Cause with reference to the Law of God Exo. 23.3 6 7 Mich. 6.8 Deut. 1.17 54 That the circumstances and equity of every Cause be weighed together with the Justice and matter of fact and Judgement to be given accordingly Isa 59.13.14 15. 2 Sam. 8.15 Josh 7.11 25. 55 That the poor be cared and provided for according to their necessities and such as want houses to be suffered to dwell by their rich Neighbours if they be able to provide for themselves or otherwise to be provided for by the inhabitants where they live Amos 8.4 6. Isa 5.8 Psal 41.1 2. Levit. 25.35 56 That there be a Clark or officer who may constantly attend at every Market and Fair to see that there be no deceit in weights measures or other deceits in Trading or Manufactures Pro. 20.10 Deut. 25.13 14. Amos 8.5 7. Isa 1.17 57 That the Oaths of two or more witnesses may be a sufficient conviction in Law without any Indictment Deut. 17.6 and 19.15 Math. 18.16 2 Cor. 13.1 58 That no by-Laws or Orders be made or suffered in the Common-wealth to the oppression of the younger or poorer sort of Tradesmen and others as is usually done in every Corporation Amos 4.1 2. Isa 10.1 2 3. Zeph. 3.13 59 That all Suits and controversies although popular or Criminal be determined upon hearing witnesses sworn and giving evidence on both parts as well as for the party accused as the Common-wealth and in cases where there are no witnesses that the accused's own voluntary Oath be taken for his discharge Exod. 22.9.10 11. 1 Kings 8.31 Job 29.16 Acts 26.5 Isa 43.9 10. 60 That there be Judicatories and Courts established in every Citie and County where the Judges may sit constantly in open places to hear and determine all controversies Exod. 18.13 25 26. Deut. 21.19 Prov. 31.23 and 25.7 Ruth 4.1 2 9. 61 That before any Cause be entred in any Court or come before the Judges peace be offered by the Plaintiff and that wise-men be appointed to take up controversies 1 Cor. 6.5 6. Math. 5.25 Deut. 20.10 Psal 34.15 62 That he that misprints the holy Scriptures or bindes them up false be punished according to the greatnesse of the offence especially where the Text or translation is falsified or corrupted Exo. 39.43 Gal. 3.15 Deut. 4.2 Rev. 22.18 19. 63 That such as swear by Idols or Creatures or prophanely swear or un-reverently use the holy Name attributes or word of God be severely punished Math. 5.34 35. Jer. 4.2 and 5.7 Exod. 20.7 Amos 8.14 64 That such as use Lots lightly or prophanely in sporting or gaming be punished and also such as game for money or money worth be prohibited and restrained Prov. 16.33 Levit. 16.9 65 That Bull-baiting Bear-baiting Cock-fighting and Hors-races and all other abuses and cruelty towards the
of the Moral and Judicial Laws As for the Ceremonial Law that was not properly belonging to distributive Justice but concerned every particular man as the immediate service of God To conclude this point If the Law were just and equal as it ought to be there were no need of any Court of Equity And the Law as now it is having need of such Courts of Equity as these are is an Oppression of the People and so clearly against the (r) Isa 10.1 Law of God The Court of Wards was a Court mixt of Law and Equity and there he that was but a Termer or (s) Sewals case Court Wards Carol. 7. Tenant of Lands holden in Capite or Knights-Service for any long time as 100 years or above was adjudged in the Kings Case to dye seised because that he had the Land and the Reversion was worth little or nothing And these long Leases were made to defraud the Lord of his Wards So if a mans Lands were in the hands of Trustees at the time of his death they decreed the Land to descend to his Heir as to some purposes The Court of Exchequer is likewise a mixt Court insomuch that if a mans Land were extended for Debt due to the King or a Judgement against him upon a Recognizance the Court might and usually did moderate the rigour by installing the Debt and sometimes discharged it upon matter pleaded And this is agreeable to Law that such Debts should not be levied to the great grievance of the Subject Here Equity and Law are brought together which I remember not to commend the Court of Wards which was a heavy Burthen nor yet the Exchequer in every thing but to shew That Law and Equity have been and may be both dispensed in one Court as is herein before set forth And what hath been said upon the Bench by the (t) Sir John Smith L. Keeper his Speech in Chancery Lord Keeper or Lord Chancellor in my hearing viz. That the Lord Chancellor in that Court was trusted with the Kings Conscience but he could not delegate it to another as if the King in respect of his Soveraignty had power to dispense with the Law which the Judges might not do without delegacy from him (u) The Judge as well as the Prince may judge according to conscience and what is right in the one is right in the other and that which is wrong in onâ— why should it not be wrong in the oâ—her It 's lawful for no man in judgement to swerve from Equity and Conscience Bod. Rep. lib. 6. cap. 6. pag. 768. This is an unreasonable Conceit to think that any Authority or Power on Earth can give any liberty to swerve from the Rule of Gods Word and Right Reason It were to put that upon the Supreme Magistrate as was said of one of the Popes That he was Nec homo nec Deus sed inter utrumque And so much in general of this matter CHAP. X. That all such as chiefly require a remedy in a Court of Equity may easily be determined by the Judges in Courts of Law if the Law were amended as it ought to be And herein that which is usually said for the upholding of Courts of Equity is answered THat which in the former Chapter is said concerning a Debtor having relief onely in Equity against the Penalty of a Bond or in an Action brought upon a single Bill which is paid being things most common in every mans practice I have therein sufficiently answered and cleared it That the Judges of Law might easily determine all such Causes without a Court of Equity The Court of Chancery was anciently Officina Justitiae and the Lord Chancellor used to sit as Chief Justice of the Common Pleas and no mention made of a Court of Equity until the Reign of H 6. and Ed. 4. Coke Inst 2 part p. 552 by ordering the Plaintiff to take and accept what is due upon the Bond or any Specialty wherein there is a Penalty and by admitting the Defendant to plead payment at the day to a single Bill And where Money is not paid at the day to allow Damages for the time according to the Plaintiffs loss So joyning Law and Equity together to make up perfect Justice and that is all which needs in such cases Those things which are most stood upon for upholding of these two Courts or Distinct Powers and Jurisdictions are such as these following Object 1. First it 's said That in cases of Mortgages forfeited there is no remedy at the Common Law a This is against Gods Law and the Law of Charity 1 Cor. 6.8 9. 1 Thess 4.6 Matth. 7.12 Luk. 6.31 but the Mortgager must lose his Land fot how little soever it be Mortgaged without any relief elswhere but in Equity And therefore this being a matter of great Concernment ought to be remedied in a Court of Equity Answ 1. If it be remembred what is said before concerning Bonds and other Specialties with Penalties that partly answereth this Objection for in an Action of Trespass and Ejectment if the Defendant might have liberty upon the general Issue pleaded to give in Evidence what the original Debt was for which the Lands were Mortgaged and what Profits have been taken by the Mortgagees the Debt and Damages for the Money may suddenly be computed or found by a Jury And if the Judges in such case as in case of a forfeited Bond enforce the Mortgagee or his Heir in case he bring the Action to accept the same principal Debt and Damages with reasonable Costs if he did not formerly refuse it without more ado and release or assign the Mortgage which might be easily done with a little Amendment of the Law What use were there of a Court of Equity Obj. 2. The like may be said concerning Covenants or Conditions broken in other cases where a man Covenants to pay Rent or make repairs or hath an Estate with a Proviso or subject to a Condition of Re-entry for non-payment of Money (b) This extremity of rigour is the worst Oppression in the Commonwealth a transgression of Gods Law Isa 58.6 Ezek. 18.7 Eccles. 5.8 1 Sam. 12.3 and for performance of Covenants enters into a Bond of a great Penalty or shall lose some considerable Estate for some petty neglect or non-payment of some some small sum of Money as I have known a Lease worth Five hundred pounds at least lost for non-payment of Five pounds Answ In these cases the course above-mentioned is a sufficient Remedy to finde out the Damage sustained by the non-performance of the Covenant which may be as well done with a little Alteration in an Action of Debt upon the Bond as upon an Action of Covenant which is ordinarily in use and in case of a Condition broken to ascertain the Damages and appoint the Plaintiff to accept thereof as aforesaid This is remedied partly by the late Ordinance for Regulation of the Chancery
Pax Reg. Regni tit Pardon f. 218. b. 219. a. 2 Ed. 3. c. 2. 4 Ed. 3. c. 13. 13. By the Common Law the King had Power to Pardon Murther and it hath been commonly used in former Ages whereby the Land hath been defiled with Blood This is an Impious Priviledge or Custome and clearly against the holy Law of God and seemeth likewise to be contrary to the Kings Oath although by a Statute of Edw. 3. Chap. 2. it appears such Pardons were very common and ate available in Law against an Act of Parliament being made with a Non obstante c. Prov. 28.17 Jam. 4.12 Exod. 21.12 Weems M. L. Com. 6. Decal Exercit. 9. p. 131. (z) Sueton Tranq in vita Julii Caesaris sect 89. in fine It 's written That of all the Senate who murthered Julius Caesar there was scarce one that either survived him three years or dyed a natural death The Historian saith They were all Condemned and it doth not appear that any one of them had a Pardon (a) Bodin Rep. l. 1. p. 174. p. 175. No Soveraign Prince or any Man living can pardon the Punishment due to the Offence which is death by the Law of God no more then he can dispense with the Law of God whereunto he is himself subject 14. (b) Custom Norm tit Tenure par Homage fo 27. b. Kitchin Court-Baron Cowel Inst l. 2. tit 3. f. 3. p. 115 S. 15. p. 119. Wingate Law c. 7. p. 13. n. 29. The Oathes of Homage and Fealty to Lords of Mannors are Snares upon mens Consciences and savour of Tyranny and Oppression The Oath of Homage besides that which is mentioned in the old Books the substance whereof was That the Tenant would be the Lords True-man hath many trivial additions to it which are not of concernment enough to be the cause of an Oath and other things not fit to be sworn unto and all are against that Law Thou shalt swear in Righteousness and Judgement Jer. 4.2 Exod. 20.7 Jam. 5.12 15. (c) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 2. f. 20. b. fo 21. a. The Attributes of God in the Law given and ascribed to the Kings of England are too high if not Blasphemous viz. Majesty Soveraignty Most Sacred Majesty Infinity c. Ubiquity Immortality Perfection Verity Absolute Justice c. (d) Co. Tit. Pa. to his 5 6 7 8 9 10 11 Rep. Plowd Com. fo 234. a. 177. a b. And by Sir Edw. Coke seven times King James is called Le Fountain de tout Piety Justice la vie de la ley The Fountain of all Piety and Justice and the life of the Law O fearful Blasphemy Although it must be conceived that these Attributes are but Analogical Expressions yet it may be observed That such Arrogancy especially when by this temptation it 's taken to himself of whom it 's spoken (e) Such Emperors and Princes who have taken that Honour to themselves which is due to God alone as did Caligula Domitian Commodus Antiochus c. have all and alwayes miserably perished Jun. Brut. vind contr Tyrann p. 14. is a certain signe of Ruine as was seen in Herod when the people cried The voyce of God and not of man then was he smitten c. Acts 12.22 23. He that said Mine honour will I not give to another will endure no such pride (f) Gualdo Priorato Bell. Germ. p. 125. Battel Luâ—zâ—n p. 19 20. Divers of the Roman Emperors would not suffer themselves to be called â—oâ—l Jun. Brut. vind contra Tyrann p. 51. That famous worthy Gustavus King of Sweden foretold his own death upon this very ground and although he protested against the impious Acclamations of the people was slain within two dayes after they were given to him We condemn such Hyperbolical Titles in the Turkish Emperour and the Pope and by such means the Heathen Babylonians (g) Coel. Rhod. Lect. Antiq. l. 8. c. 2. p. 281. Persians and Râ—mans came to Deifie their KINGS and EMPEROURS But (h) Suet. Tran. in vita Augusti Caesaris sect 53 Augustus Caesar abhorred such Flattery and refused so much as to be called Gracious Lord (i) Corn. Tacit. Prooem l. 1. Annal. p. 1. l. 2. c. 19. p. 61. but was called Prince and it may be observed That Almighty God to prevent such arrogancy when he saith I have said Ye are Elohim Gods or as the word signifies Mighty Judges presently addeth that Ye shall dye like men All must remember this Psal 89.6 1 Sam. 2.30 Isa 42.8 48.11 Dan. 4.30 36. Acts 12.22 A very Learned man hath set it down Bodin Repub. l. p. 181. That for a Soveraign Prince to arrogate to himself the Titles of Most Excellent and Sacred Majesty is absurd the one being a point of Lightness and the other of Impiety For saith he what more can we give to the most Mighty and Immortal God if we take from him that which is proper to himself And he censureth the Princes of Germany for that in a Letter to the King of France there were V. S. M. which is Vestra Sacra Majestas which he calls An addition proper unto God 16. That a Disseiser taking a mans Land from him by (k) Littleton l. 3. c. 6. sec 385. Coke Com. Lit. upon the same place fo 238. a b. Coke l. 2. fo 56. Doct. Stud. c. 8. fo 16. force after a Discent he that hath Right and is the true Owner of the Land cannot enter upon the Heir of the Disseiser This is an unjust Law and a ridiculous thing That he that hath Right may not enter This was a Custome used in favour of such whose Ancestors had entred upon other mens Lands in the time of Wars and put out the Owners Then the Conqueror or Prevailing Party allowed this Priviledge to such of his Party who had so entred Here a man by doing Wrong gets a Right and the Magistrate ought to remedy it Isa 58.6 Ezek. 45.9 Psal 7.16 Luke 3.14 Mich. 2.2 Charta Forestae cap. Manwood Forest Laws par 2. n. 1. par 1. p. 139. 21 Ed. 1. c. Cowel Instit verbo Forest 17. The Laws concerning Chases Parks and Warrens are a great Oppression to the Common-wealth as now things stand as it 's partly declared before where the Charter of the Forest is spoken of It 's true King William the Conqueror had a Title which he got by his Sword and by his Bowe and had the more reason to dispose of those Lands as he pleased and of the Lands adjacent as men would hold of him But now time and it may be lawful Purchasees have made men Owners of such Lands and to make them subject to the Forest-Laws is a great Oppression and contrary to all those Laws of God which forbid Oppression It is to be hoped these waste grounds will be put to better use 2 Chron. 16.10 Isa 1.17 Prov. 22.16 Ezek. 18.7
defective Matthew 5.27 28 38 39. Daniel 7.25 Nehem. 9.13 14. Esth 1.19 Ezek. 20.24 25. Esth 3.8 17. The matter concerning special Verdicts is a business needless Every mans purse who hath a special verdict witnesseth this I have known two hunderd pounds spent to know whâ—n a lease should Commence which seems plain to every Ordinary Capacity but the wits of men made the matter doubtful uncertain Special vedict between Sowtham and Clerk in the upper-Bench now in the Common pleas Let all who have contractâ—d at these places say whether this be not true and if they deny it the Author will either by Instances prove the truth of it or put it out of the next Impression and acknowledge his offence and of unsuffâ—rabâ—e charge which might be prevented if the Judâ—e in his â—ircâ—it where he took the verdict would but report the matter in a few words to his fellows or if all the â—uâ—ges at the Bench would determine what the Law is when they hear the tryal for that their Judgment then would be as effectual as when it is given upon a special verdict for that if either party dislike the Judgment he may bring a Writ of Error as well in one case as in the other where a verdict is given by the Jury There are few of these verdicts if they be upon Titles but they cost an hundred marks one both sides Drawing Ingrossing Copying and Entring somtimes much more and generally serve for nothing but the oppressiâ—n of the people and inriching of some few Officers contrary to the directions of the Holy Scriptures Job 29.16 Amos 5.7 Isa 2.6 18. To these oppressions and evills in the practise of the Law I may well adde the practise of new Law at Drury-house Worcester-house Gurney-house and other places for sale and Contracts of Lands confiscated These Cloyster up themselves and usually a man may wait a week before he can have an anâ—wer and spend four times as much upon Door-keepers as the Fees o the order come to and he that hath the best skill to do his own business is enforced to entertain one of their Offiâ—ers to do it because another cannot be admitted The pâ—ssing of an assurance here costs three times as much as the passing of a Grant under the Great-Seal there you shall have a Clerk get more mony in three years then an honest man can uâ—uaâ—ly save in thirty years practise of the Law This Cloystering up themselves is against the Lauâ—able Customes of the Jews and other Nations recorded in the book of God whose Judges sate in the Gates and the same is the cause of much bribery extortion and oppression If they consulted ab ut State-affâ—irs it were fit they should be private but Matters of Contract and purchases and other things of that nature ought to be open and publique Job 31.21 Prov. 21.23 Esth 2.19 and 3.1 2. and 5.13 Dan. 2.4 Jer. 38.7 and 39.3 19. The constant practise of retaining Counsel or Advocates r This is so common that he is many times made to pay Costs that hath no Counsel as if he did it for delay Holt against Matthew in Chancery in all causes as it 's now used is (Å¿) Exod. 23.2 Deut. 27.19 11. a high provocation of Almighty God and without Gods great mercy a ruine to the Souls of the practisers These men for fees must stretch their Consciences and set Truth upon the Tenters or Imprison it in unrighteousness which is a marke of a Reprobate-minde in as much as there is not one cause of a thousand which is pleaded but one side or other endeavours to suppresse the truth and he that with an Impudent Face and the strength of his Wits being blinded with the gift cannot set a fair Colour upon a bad cause is accounted but a simple fellow and not to deserve his fee this is to call evil good and good evil and the practise like that of Tertullus his rayling against Paul and the fee or reward is no better then Balaam's wages of Iniquity and against all Scripture-practise The only remedy hereof is that the Lawyers or Advocates should be r sworne as Amici Curiae (t) At New England the parties in all causes speak themselves and if need be the Magistrates where the cause requires 〈◊〉 do the parts of Advocates withâ—uâ— fee or reward Lechford News pag. 28. or assistants to the Judges to endeavour to discover the truth without partiality and for this to have their reward from the State Acts 24.5 Exod. 23.2 Lam. 3.35 36. Num. 22.7 17. 2 Pet. 2.15 Judges 19.30 and 20.7 8. Rom. 1.18 We read in the Church-Historie that (u) Euseb l. 6. c. 21. Bassianus the Emperour Son of Severus having stain Geta his Brother would have had Papinianus a Lawyer to have pleaded his defence of that Fact before the people of Rome But the Lawyer Refused therein to be an Advocate for the Emperour saying Sin might more easily be commâ—tted then defended (w) Symson Church Histor life of Bassianus pag. 31. And for this worthy fact he suffered death but God suffered not this murder to go unpunished for this Bassianus was shortly after murdered by Macrinus his Successor in the Empire Let this Lawyer be an Example to all Lawyers lest he rise up in Judgment against them at the last day and Condemn them for being more blind and unjust then the heathen (x) Wall on 1 Corin. 2.2 Intit None but Christ The Romans allowed no mony or gift to pleaders Piso the Roman Praetor condemned this kinde of pleading calling it cruelly in Advocates Tacit Annal. lib. 2. cap. 8. pag. 43. l. 11. c. 1. p. 142. Plato esteemed these hyred Orators but as Calumniators and Sycophants hinc innocens ut nocens damnatur contra making the Guiltless Guilty and the Guilty Guiltless Cato refused to allow such pleading quia orationis facundiâ facilè possent aequa iniqua persuadere Because by Eloquence of words they could easily perswade to right or wrong Demosthenes boasted that he could change the Sentences of the Judges at his pleasure And Cicero was called Rex oratione sua omnia regens Playing Râ—x with his Oratory thereby ruled all things at his pleasure This is both an offence against God and a wrong to the people especially to the poorer sort 20. That Ridiculous or rather Profane form of Prayer used by the Clerk upon the arraignment of a Prisoner upon his Trial when the Prisoner being demanded whether he be Guilty or not Guilty answereth Not Guilty Then the Clerk to make up the Issue Replyes Cul. Prist That is Thou art Guilty and I am ready to prove it Then is the Issue joyned (y) Such forms in all cases are accounted as the Common Law and sometimes the proceedings are nought without such formalities the Common Law being chiefly old customes and nothing else besides the Judges opinions Now comes out that Common Prayer or Conjuration which
a great abatement in the Countrey of what is spent and paid in London 7. The last thing which shall be mentioned touching this matter and which is most suitable to the propounded end of the discourse in hand is that this carrying of all causes to Westminster makes in a manner all the Courts of Record in all other Cities Towns Corporate with the County Courts Hundred Courts and the Courts of the Mannours and all other Court Barons to be disused and in a manner destroyed to the prejudice both of Lords and Tenants who are much impoverished with Suites at Westminster upon every trivial occasion and in the mean while there is much disorder at home for want of Courts to redresse petty wrongs and so to keep and preserve quietnesse 8. These things are enumerated as evils occasioned by the general Residence of the Laws at Westminster without reference to the particular Courts now something shall be spoken of in relation to the several Courts which are necessitously oppressive to the Suiters in regard of the multitudes of Suites The chief grievance in this kinde is the crowding of all causes of Equity into Court of Chancery except a very few in some cases in the Exchequer in which Court there have been said to be ten thousand causes entred into the six Clarks books some of which are seven eight or ten years old and without doubt there are as many more upon Sub-poena's and Bills not fil'd of all these there cannot be lesse than one thousand alwayes ready for hearing besides such as stand to be heard upon Reviews Pleas Demurrers Exceptions and Reports And in one Term there is not time usually to determine one third part of them besides hearing of motions which necessarily arise in most cases the rest being put â—ff insomuch that many times you shall finde above twenty cauâ—s in the paper for one day whereas within thirty years last past ere were usually appointed not above four or five causes to be â—eard every day in Court and not many more at the Rolles But since the abolishing and disuse of the Court of Wards Court of Requests high Commission Star-Chamber Ecclesiastical Courts as they were called Queens Court and Dutchy Court every of which as might be easily shewed especially the Court of Requests poured something into this Ocean the Chancery the same is grown so full that it 's impossible that the causes there should be dispatched without an excessive charge and long attendance (i) Cooke English Law pag. 45 46. And this Court as it now stands is the next great oppression of the Nation and tends chiefly to the inriching some few Officers and Practicers and the impoverishing of the Common-wealth where in most causes unlesse they be agreed by Compromise the remedy is worse than the disease 9. The next thing to which I take exception occasioned by the general practice of the Laws at Westminster which may be accounted a grievance is That almost all the Suites in Law of the whole Nation are brought in the Courts of the Upper Bench and Common-Pleas which are more tedious and chargeable than they need to be for whereas a man arraigned for his life hath but a day nay it may be but an hours warning to make his defence onely he knows before hand when the Goal-delivery will be here regularly a man cannot begin and end his Suit be it never so trivial under three Terms unlesse the Defendant will confesse the Action especially in the upper Bench where after the Arrest or appearance which sometinies is hard to get done the first Term the Plaintiff declares and the Defendant imparles the second Term the Defendant pleads to issue and the Plaintiffe carries down the cause to tryal to the Assizes where if the cause be tryed Judgement is given thereupon in the next Term following and this takes up about (k) At new England the Defendant hath warning a covenient time before the Causse be heard and most Causes are ended upon the hearing at the same Court. Lechfords News pag. 29. seven moneths time but if the Defendant be wilfull and liberal he may keep the Plaintiffe in Suit a far longer Term whereas in some Courts of Record in the Countrey such a cause may be ended in six weeks and might be done in half the time if the Law were amended and made like the proceedings in Wales which are better and shorter than at Westminster 10. To these may be added as an evil growing out of the general Execution of the Laws at Westminster the greatnesse of Offices both in respect of work and revenue which for the most part are executed by Clarks and Deputies and nothing done by the Master of the Office but onely to take the Accounts and receive the Fees at the end of the Term allowing little or nothing to such as do the work but what comes by sharking the late-born Miscreant called Expedition and indeed the great Officer who stands like an Andiron in a great Room onely to make a shew sets the Clarks to all the labour and to abide the heat of the businesse And this must needs be so for these Officers formerly used to pay seven years purchase for their Offices Is it not a shame that one man should pay for an Office first and lust forty thousand pounds as it 's generally said one paid for the Upper Bench Office That a Prothonotor of the Common-Pleas should pay nine thousand pounds for his Office That a six Clark in Chancery should pay seven thousand pounds for his Office And not Aphilozers The Romans used not to sâ—ll Offices the Qâ—â—stoâ—ship was granted according to the worth of the Suiters untâ—ll by Dolabella's advice it was put to Salt which is blamed by the Heathen Historian as a fault Tacit. Annal. lib. 11. cap 7. pag 148. The Senators were chosen by voices and if they proved infamous they gave up their places to save their Credits Idem l. 11. c. 8. p. 150. Exigenters Clark of the Warrants Essoines Curciters or hardly any other Office to the very Cryer and Bag-bearer but all exposed to Sale in this last Age and many times sold to such as were onely fit to be entertained because they gave the most money for them And then as a necessary consequence he that bought dear must sell dear insomuch that I have heard it credibly reported that a Souldier becoming a Courtier was by King James made a Master of the Chancery the man I knew well this Master being taxed that he expected too much money in some businesses before him in an angry manner said that the King promised him that the place should be worth five hundred pounds by the year to him and he would make it so if he could (l) Alexander Severus at his coming to the Empire after that proâ—use beast Heliogacalus although he found thâ— State much in debt refused to make Sale of any Offiâ—e saying Non Paâ—iâ—r mercatores Potestatum and
every day (f) Bodin Republ. l. 4. câ—p 2. p. 441. all their Conjectures are uncertain 30. Perjury in an answer in Chancery or Exchequer is not punishable by any penal Law The ordinance for Reformation of the Court of Chancery appoints Legacies to be sued for at Law and excludes them the Chancery but doth not dirâ—ct what account shall be brought 5 Eliz. c. 15. or Act of Parliament onely it 's said that it may be punished upon a Bill for Perjury in the Court where it was committed this is a long way further than a man will be willing to go at his own charge and I never yet knew any man punished there for any such Perjury and it was punishable in some cases in the Star-Chamber however it 's sinfull perjury before God Iohn 8.44 Zach. 5.4 Ier. 5.2 31. There was no Law to recover Legacies but in a Court of Equity before the last Ordinance and there is yet no Law setled for recovery thereof if the Legacy exceed not twenty pounds the charge of the Suit in Equity if it come to a Decree will be as much as the Legacy it may be much more if the Defendant be wilfull or liberal nor is there any Law to acquit executors upon payment of Legacies to Infants although it be done to their great preferment this is a defect Rom. 13.7 Heb. 9.17 32. There wants a Law for punishment of Witch-craft where murder is not committed setting a Witch upon the Pillory and imprisonment for exercising her Devilish malice upon Cattle (g) The defect of this Law was complained of by St. George Crooke upon the triall of a Witâ—h convicted of Witchcraft but not of Murder about the year 1627. at Coventry or men when death follows not is not sufficient such Witches as likewise Magicians ought to be put to death Exod. 22.18 K. Iam. Daemonol lib. 3. cap. 6. pag. 76. An Action upon the Case will not lye for calling one Witch and this reason is given in the book because Witch-craft is but Art and the word doth not imply any Act or exercise of it But Gods word teacheth us not to consult with the Devil or his evil instruments (h) Tacit. Annal. l. 2. cap. 8. p. 43. Pituanius a Magician was cast down headlong from the Tâ—â—peâ—u Rock The Romans banished such as consulted with Wizards and sometimes put the Magicians and Wizards to death according to Gods law Thou shalt not suffer a witch to live 33. There wants a Law directing how mens personal Estates shall be divided by Administrators when a man dieth in Estate (i) Magna-charta c. 18. Fitz. N. â— 122. l. Wingat Law cap. 11. p. 19. numb 13. It was anciently at the discretion of the ordinary who used to dispose of part of mens Estates or what he pleased in pias causas or for the health of the Soul of the deceased as it was said but now the Superstition is removed it 's necessary it should be declared what proportion the Wife and Children or Kindred should have it seems anciently a Wife was to have a third part of her Husbands clear personal Estate and Children unpreferred another third part Cook English Law pag. 47. but this is not observed All men who have any estate ought to make Wills to preserve peace after their deaths and to divide their estates amongest their Children Gouge on Epes 6. Tract 6 pag. 321. The remedie of thâ—s is to have all mens estates inrolled in the Counties where they are As the Jews had their estates with their Pedegrees inrollâ—d Ezra 2 6â— Jer. 32.11 John 14. and 15. and 16. 34. The like want is found where a man seized in Fee-simple of Lands having no personal Estate and many Children dyeth in Estate the Land descends to his Heir and the younger Children can claim nothing this is a hard case And far worse is it where a man hath an Estate in Tail and nothing else to preferre younger Children In the first case he may by Will in vvriting charge his Lands in this he cannot dispose of his Lands by Will charge them with any thing to raise portions for younger Children this would be amended by some profitable Law and Lands for this cause would be made Fee-simple Gen. 25.6 Luke 15.12 Iosh cap. 14. and 15.16 17. 35. There wants a Law to secure purchasers from being cheated by old Intails sleeping Morgages Judgements Statutes In somuch as I heard a Learned man say once there is no fence against a Knave some publick Register in every County should be setled and a Law made that whatsoever Estate should not be there entred should be void as against purchasers and such as some in for valuable considerations there are many men cozened and undone in such cases and no remedy if the Incumbrances were for any valuable consideration at the first although of long continuance This ought to be amended see this case recited by Charles Geo. Cook Essay pag. 123. 36. That Copy-houlders of Inheritance should not have liberty to set or let their Lands (k) Bodin de Republica Tit. 1 p. 39. Cook compleat Copie-houlder sect 9. p. 8. sect 12. pag. 14 15. unlesse for a year or three years is a hard Custome and to Fine at the Will of the Lord is worse the pretence of Ease in Chancery or Exchequer is a meer gullery the first ought to be amended and the last assertained by some good Law Cook English Law pag. 48 49. 37. That there should be no means to recover Debts upon (l) It 's made a note of a wicked man to borrow and not to repay Psal 37.21 Therefore there those should be a Law to enforce men to pay just debts and not to suffâ—r men to cheat men by such niceties Gouge on Ephes 6. Tract 5. pag. 271. col a. b. simple contracts against Executors nor to recover from the Executor of him that was Bayliffe or receiver of monies as it falls out in some cases is a great defect the reason of it is because the Testator might in his life-time have waged his Law But in some cases it is impossible that he should in reason by such gager discharge himself as when the money is an Infants and when there are witnesses to prove the contract This ought to be amended being but a Law of common right to enforce a mans Estate to pay Debts which are justly due 2 Kings 4.7 Exod. 22.26 27. Luke 6.35 and 7.42 38. There wants a Law for restraint of excesse and oversumptuousnesse in diet and house-furniture the excesse wherein doth ordinarily undoe and cause to goe to ruine the Estates of very many especially (m) Coel. Rhodig Lect. Antiq. lib. 9. c. 13. p. 330. Citizens and is the worst Thief in the Common-wealth except gaming and suretyship the Romans had Laws for restraint in this kinde and therein (n) In villaticis pastionibus sunt qui pro guloso accipiunt Aegyptio Regi
that there is no competent or sufficient meanes of maintenance setled for a Gospel Ministry but onely that which was ordained and continued by that Antichrist of Rome and his Vassals and ought not to be upheld or made use of by the people of God but with the Leviticall and Ceremoniall worship and the Temple to be abolished CHAP. XVI A Corollarie or Conclusion IN this discourse is clearly evinced the manifold impieties superstitions prophanesse oppressions falshoods uncertainties ambiguities prolixities and other enormities as well in the Theory as in the Practick-part of the Laws of England as they are now in use and practice some few of which evills were sufficient cause to decry and abolish any humane Law under heaven Insomuch that the civilized Heathens and Pagans in many things appertaining to distributive Justice both in their Laws and in the practice and execution thereof have shewed more impartiality reason and judgment than many of our Laws can admit and therefore it 's to be hoped that the great Patrons thereof will bee silent whilst other men seek to God and supplicate the supream Magistrate and Legislative power of the Land for a more perfect pattern and foundation whereupon may be built a more glorious structure Know the world will say that this Law is a sacred spark some excellent guift from above as * Grotius Pol. Max. part 2. c. 8. p. 68 69. Corol. in fine Bodin Republ. lib. 1. p. 58. Tit. Liv. lib 3. p. 110. H. all the Heathen generally held their Laws to be the very Records having gained the name scrinia sacra and the professors and practicers of it having found it as profitable as Diana was to Demetrius and the rest of his craft and therefore that it needs no alteration and it may be others will say it s an easie matter to finde fault with the Law but it s not so easie to amend it to all these I shall say this which I formerly hinted That the written word of God contained in the Old and New Testaments manifesting the minde of God by (a) Exod. 20.8 12. commands (b) Exod. 20.4 13. prohibitions (c) Deut. 6.3 4 5. exhortations (d) Rom. 12.2 19. dehortations (e) Psa 41.1 2. promises (f) Rev. 22.18 19. threatnings (g) Jude 6.7 11. judgements (h) Mich. 6.9 13 afflictions (i) Acts 13.10 11. objurgations (k) Jerem. 13.23 27. expostulations * Gen. ◠2◠sarcasmes and l Amos 4.4 5. bitter taunts Ironical †Ezech. 28.3 4. affirmations and negations (m) Math. 23.15 16. reproofs (n) Math. 11.28 29. invitations (o) Hebr. 13.5 6. incouragements (p) Acts 12.7 11. signall deliverances (q) Isa 5.2 4 7. especial favours (r) 2 King 7.4 6 15. and leading providences commended to us in holy Scripture to teach us and sundry (ſ) Cant. 5.11 12 13 14 15 16. Gal. 4.14 Eph. 6.14 15 16 17. Tropical and (t) Apoc. 19.11 12 13. figurative expressions of his will to our capacities with necessary (u) Math. 22 31 32. Mal. 4.4 consequences from the word are sufficient to over-rule all cases instruct all Magistrates and Judges and to teach all duties towards God and man and that there need no other Laws but what are founded upon this ground and built upon the same foundation And by these were the Israelites happily governed without any other policy And this is all the Directory which the Lord by the Prophet Malachi left to his people to be their guide in that 400 years from his time untill John Baptist wherein there were to be no more Prophets Remember the Law of Moses my servant which I commanded unto him in Horeb for all Israel with the statutes and judgements Mal. 4.4 And where its commonly said that many sins are invented and faults found out since the Scriptures were written which cannot be obviated or comprehended in Scripture Laws It may be answered that there can be no offence new or old but it s (x) Psal 19.7 Psal 119.96 condemned in the word of God for example there are many Superstitions new Oaths and much false worship lately invented which no man will deny to be condemned by that word of God which forbids will-worship prophanesse and humane inventions in Gods worship that word which (y) This is agreed by Perkins Downam Dod Wolebius and generally all Protestants who have commented upon the Decalogue commands us to worship God according to his own will and appointment condemnes all newly invented false worship and that Law which commands us to reverence the holy Name of God or forbids the abuse of the same by prophane or vain swearing in one kinde forbids all other sins of the same kinde or nature And if it be so in respect of the first table much more is it to be granted that the Law of God is sufficient to teach all things concerning righteousnesse and sobriety being the duties of the second table whereabouts distributive Justice is chiefly conversant for that by one kinde of injustice all other injustice is forbidden as is herein before declared and might here be further insisted upon if it were requisite (z) Bodin Republ. lib. 4. cap. 3. p. 471. And it is to be considered that Law of man is so sacred as it s called but that upon urgent necessity it is to be changed And Solon that wise Law-giver after he had published his Laws caused the Athenians to swear to observe them onely for one hundred years Laws must be perused and some abroged and others established being but humane Laws For that there can be no setlement but upon the immutable Laws of God The Bactrians Egyptians Persians Carthaginians Athenians Scithians pretended their Laws to come from God And Mahomet affirmes his Law was delivered from God by Gabriel Plato that his Laws cam◠from Jupiter and Apollo Cael. Rhodigi l. 18. c. 19. p. 698. 2. The last thing which may be expected as to the answer of the objection before mentioned that those that finde fault with the Law do not shew how it should be amended I shall onely set forth what course hath been taken by wise States and Common-wealths both in respect of their Judicatures and proceedings and humbly offer it to the wisdom of such as it concerns in this Nation and the Dominions thereunto belonging To judge what is right and may be most agreeable to the constitution of the Government and most conducing to the support of the authority of the Civil Magistrate both supream and subordinate and to the good and happinesse of the people that we may lead a quiet and peaceable life in all (a) 1 Tim. 2.2 Tit. 2.11 12. godlinesse and honesty and this is the end of all Laws and Government First therefore we will a little consider what the Jews who were the people of God and in the best times of their government when their rulers had
most communion with God and were best instructed did in matters of Law and Justice in these respects 2. And then we will consider what the Gentiles did by the light of nature and reason or rather what they had gathered from the Laws of Moses not so much because they were the Laws of God as because they were the Laws of a wise Law-giver and of a wise people for that the wise of the Heathen Gentiles and the Philosophers Poets who were accounted their Prophets had knowledge of Moses his writings there is nothing more clear by many passages in their books and the very Laws of the Heathen themselves in many particulers suit with the Judicial Laws of Moses Concerning the Jews I have set it down before in this Treatise that upon occasion of Jethro his wise Counsel their (b) Exod. 18.21 22. first Judges and Rulers of all sorts were instituted and afterwards the Court of (c) Numb 11.16 17. Wâ—llâ—t Hexe in Exod. c. 18. ver 21 22. quâ— 19.20 21. Deut. 1.15 16 17. seventy which was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Senate of the Jews was appointed by Almighty God This was the great Court or Judicatory of the Jews and consisted of three-score and (d) Bodin de Republ. lib. 1. pag. 57. ten persons most eminent in their Tribes and the President which was Moses or as others say three-score and twelve that was six out of every Tribe however they were called the seventy as were the Interpreters of the Old Testament who translated it into Greek bearing the name of the Septuagint although they were seventy two This Counsel of the Jews heard and determined generally all controversies according to the Laws of God and if a cause were too (e) Exod. 18.22 hard for them by reason of the want of a particular positive Law (f) Numb 27.1 2 5 7 8. Godw. M. A. l. 5. c. p. 209. Willet Hexa in Exod. 18. ver 22. qu. 21 22. as the Case of Zelopheads daughters then they came unto Moses (g) Alfonsus the tenth K. of Spain commanded his Judges to come unto the Prince himself as often as there was nothing written in the Laws of their own Countrey concerning the Matter in question Bodin Republ. l. 1. c. 8. p. 108. who enquired of the Lord and received direction from him and according to the minde of God the Case was Judged instead whereof we have now the written word of God compleat Besides this the Jews had another Court which dealt in Criminal and pecuniary causes consisting of three and twenty Judges and this Court was subordinate to the Sanhedrim And thirdly they had another Court which consisted of three Judges which was subordinate to the other two Courts The Sanhedrim sate commonly at Jerusalem and was sometimes divided into five parts and sate in five several Cities The Court of three and twenty sate in the several Cities and were a standing Court every (h) The Romans had such a Court in every Citie Tac. Annal. li. 1. c. 3. p. 5. Citie having such a Court these the Jews called Councils and of these our Saviour speaks when he saith (i) Math. 10.17 They will deliver you up to the Councils The third Court or Court of three was in every Town or Village and dealt in ordinary and smaller matters And by this we see that the Jews were not forced to go far for Justice but had it near them at all times and (k) Mercat Atlas descript Holy Land pag 839. Jerusalem it self was not above fifty miles from the Confines of the Land of Canaan in the length of it and not above twenty miles from the Confines in the breadth thereof and yet the Jews had not all that in possession And in the next place in imitation of the Jews (l) Rous. Att. Ant. l. 3. c. 1. p. 108. Bodin Republ l. 3. pag. 263. the Grecians at Athens had a Senate consisting of four or as some write five hundred persons which was the great Council of the Citie and Common-wealth and upon weighty occasions all these or as many as would sate in judgement (m) Idem Att. Anti. l. 3. c. 1. p. 125 126. There was another Court called Ariopagus consisting of the number of three-score of the wisest and most grave Citizens of which the President or Chief Justice was called Basileus that is King and they had cognizance of matters of life and death and Criminal causes and other things of great concernment Then they had also another Court which heard and determined matters by way of (n) Idem l. 3. cap. 3. Sect. 4. Thâ—se were like the Jews Courts Godw. M.A. lib. 6. c. 10. pag. 294. Willet Hexa in Exod. c. 18. v. 25. q. 26 27. Compromise and there was not any cause if it exceeded in value ten Drachma's which is but fifteen pence of our money the Attick Drachma being but one penny half penny but it past these mens hands before it might be admitted into any Superiour Court. In like manner the Romans and likewise the Lacedemonians agreed with the Athenians for the most part in respect of their Courts and Judicatories The Romans had three Courts †Sueton. Tranq in vita Julii Caesaris Sect. 41. untill the third was put down by Julius Caesar and afterwards Augustus other Emperours appointed a privy Counsel of twenty of the chief of the Senate to treat of great affairs of State in private like the privy Council of England which at first were but 15 Persons instituted 450 years since 1. * Bodin Republ l. 3. pag. 262. and 267. Godw. Ant. lib. 3. sect 4. cap. 20. The Romans in their Suits proceeded in this manner 1. They obtained a summe of course 2. They asked leave to enter their Plaint or Action 3. Then the Action was entred if it were allowed of by the Court. 4. Which done both parties put in pledges either in money or gave security the one to prosecute the Suite and the other to abide the Judgement The proceeding at Geneva is much like the Romans one Court or other sits almost every day and the causes judged in three weeks or a moneth usually Laws Geneva p. 17 18 19 20. The third Court day regularly the Cause was heard and Judged if the Cause were Criminal the Praetor would not suffer the same to be entred untill the Prosecutor had sworn that he did not accuse the Defendant falsly or maliciously And when any man had killed another the Chief Justice and the whole Bench of Judges sate upon the life and death of the Man-slayer o Sueton. Traâ—q in vita Flavii Vespasian August Sect. 10. And when in the time of Flavius Vespatianus Augustus the Courts were too full of Causes that whil'st the old Actions hung still undecided new quarrels arose to increase them he chose certain Commissioners by Lot to Judge between party and party and to reduce the Causes to as small
Creatures he prohibited under a severe penalty Prov. 12.10 Deut. 14.21 Exod. 23.19 66 That Men-stealers be punished by losse of life and as the greatest Felons in the World Exod. 21.16 Deut. 24.7 1 Cor. 6.6 67 That Marriage of children without Parents consent be disanulled and Marriages with Infidels prohibited Ezra 9.14 Gen. 27.46 Mal. 2.11 Hest 1.22 Numb 30.5 68 That strange fashions and Whorish attire be prohibited by Law and all persons ordered to wear Apparel fit for their degrees and callings Zeph. 1.8 Isa 3.18.19 Prov. 7.10 Gal. 5 9. Deut. 7.3 69 That the matter of divorce be setled in the Magistrate onely in case of Adultery that Marriage likewise be solemnized in the presence of some publick Magistrate in an open place after due publication Ruth 4.9 Math. 19.9 Mark 10.12 Luke 16.18 70 That unlawfull Magick and the Rudiments thereof Judicial Astrologie and all other such wicked Arts be prohibited under severe punishments Deut. 13.1.3 and 18.10.11 Ezech. 21.21.22.23 Dan. 2.2 Jer. 10.2 71 That Heirs may be bound to pay the Debts of their Ancestors after the Lands which descended be sold as well as before so far as the Land extends and that an Action of Accompt or Debt upon contract may lie against an Executor or Administrator for the Debt or duty of the Testator so far as he hath assets 2 Kings 4 7. Prov. 22.26.27 Rom. 13.8 72 That the Processe in all Cases of Suite be onely a Summons which being duely served if the Defendant refuse to appear or shew not sufficient cause to the contrary the Plaintiffe may proceed to his proof and so to hearing or trial as if the Defendant had appeared Numb 16.11.14.28.32 Deut. 25.8 Hest 1.10.11.19.21 73 That no man have final Judgement against him by default without proof in any Case be it never so small unlesse the party accused do at the time of the Judgement openly confesse the fact Numb 35.30 Deut. 17.6 1 Kings 8.31 74 That common lyars and Inventers of false news slaunders may be punished as disturbers of the peace Psal 101.7 Prov. 26.20 Levit 19 16 75 That the Superstitious and Paganish names of the moneths and dayes be changed and called by the names of first socond and third c. according to the Scriptures Levit. 20 23. Exod. 12.2 Deut. 12 3.4 Genes 7.11 Genes 1 5. Ezech. 32.1 Psal 16.4 Exod. 23.13 76 That the body of the Law may be collected into a volume that it may be known to the Supream Magistrate and to the Judges and the people 1 Sam. 10.25 Deut. 17.18.19 Exod. 20. from verse 3. to the 9. verse of Chap. 23. Hester 1.19 77 That all the Tythes and Gleab Lands with other things called Church dues may be sold and that a more fit and lawfull maintenance be provided for the Ministers of the Gospel Hebr. 7.9.12 1 Cor 9.7.8 9 12.14 Gal 6 8. 78 That no Monarch or Supream Magistrate may usurp that Impious priviledge to pardon murder if ever any such pardon should be granted in any age hereafter the same may be declared void Numb 35.31 Levit. 24.17 Exod. 21.12 Jam. 4 12. Prov. 28.17 79. That some course may be taken by a Law for ballasting the Trade of the Common-wealth and for relief of the Inland Cities and Towns of the Nation 2 Cor. 8.13.14.15 Exo 16 18 Josh 13.32 80 That Godly learned men may be incouraged to labour the conversion of the Iews and to that end to learne the Portugal's and Italian tongues that they may be able to preach to them for that in most part of the World they understand those Languages Rom. 11.25 26. Isa 43.6 and 59.20 and 60. whole Chap. Rev. 81 That interest of money be not suffered to run or be exacted upon poor people which borrow for their necessitie for food and cloathing or grow poor by the hand of God Neh. 5.10.11.12 Exod. 22 25 26 27. Levit. 25.35 36. 82 That all Laws which upon examination shal be found repugnant to the Laws of God or oppressive to the people may be repealed Mich. 6.16 Psal 94.20 Isa 10.1 2 3. 83 That Guards of Souldiers and Armes are necessary and to be used for safety of the Common-wealth and of the Princes person 1 King 1.38 2 Sam. 23.8 to the end 2 Sam. 20.23 2 Kings 11.8 2 Chro. 23.7 10. FINIS ERRATA IN the Epistle pag. 2. lin 5. add he before little lin 13. for of read and. pag. 13. and pag. 16. in the Margents for Cok. read Cock pag. 49. lin 19. for chuse read cheat and lin 20. for use read trust pag. 56. lin last save one for deductions read dedications pag. 61. lin 14. for habâ—ntes read habentis pag. 63. lin 21. add help pag. 87. lin 2. for fined read feigned pag. 106. lin 2. for maney read money and lin 6. add it pag. 108. no. 3. add been and for started read sterved pag. 109. lin 1. for excrementious read excremâ—ntitious pag. 114. lin 4. add on lin 6. put out some pag. 116. lin 18. for were read was pag. 117. lin 8. add of pag. 123. lin last for Judges read Indiâ—s pag. 121. lin 12. for Balington read Babington pag. 128. num 22. for seeing read seeming pag. 131. num 29. lin 9. add but. pag. 132. lin 1. add punished pag. 133. for in estate read intâ—statâ— â—ad lin 8. add nor ead num 35. lin 6. for some read come pag. 135. num 39. lin 10. for purâ—ly colouâ—ed read paâ—ty coloured pag. 139. num 40. lin 8. for counsels read Consuls pag. 140. lin 14. for Ciâ—y read Citiâ—s pag 145. lin 3. add l. pag. 146. lin 16. add noâ— pag. 148. num 1 fo Summe read Summons Scripture-Groun num 46. to be to be read before brought up