Iudgement is something more then science Be instructed ye Iudges of the earth but be consciencious for learning and a good Conscience are two of the bravest supports in the world because a man cannot be deprived of the first in this world nor of the other in the world to come and Iudges are so far to be skild in the Law of God that in all causes coming before them they are to warne the Clyents that they trespasse not against the Lord 2 Chron. 19. 10. If this learning should fall which I hope I shall never live to see then farewell to Ministers and after that no more Magistrates Secondly Prudence 10 answer all objections and cavillations that will be brought to put life into a dead Cause for in most great suites the parties Litigant commonly thinke that they are both in the right and if the matter be heard by no wiser men then themselves how shall he that is in the wrong ever come to see his Error and this Prudence in a Iudge consists principally in giving satisfaction to the hearers that the sentence is Iust and if possible to satisfy him against whom Iudgement is given that he hath no wrong done him Thirdly Iustice which must respect the cause and not the person Iudges were pictured blind and the Areopagites gave sentence in the dark Thou shalt not pitie the poore in Iudgement though it be plausible and naturall for tender hearted men especially so to doe yet God abhorrs it Fourthly There is required Mercy after Iudgement the poore mans condition is to be considered for if Iustice be wound up a peg too high in the Execution of it it breaks Summa Iusticia is the degeneration of it But by this learning I am far from understanding any Craft or Artificiall subtillities in taking legall exceptions for the quashing of Inditements and thereby to save a witch or a murderer from the Gallowes or to arest the Iudgement when the money is conscionably due to the Plaintiffe this is none of that wisedom which Solomon desired I Kings 3. 9. which is requisite in a Iudge it is a wise and understanding heart to discerne Iudgement betweene good and bad truth and falshood a righteous and just cause from that which onely is so in appearance the simplicity of the Dove in doeing wrong to no man and the wisedom of the Serpent to see that by subtillitie in pleadings unnecessary delayes captious interpretations and clamorous importunities an honest cause be not delayed or overthrowne marke I beseech you what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me then it blessed me and when the eye saw me it gave witnes to me hearers had not words enough to praise my eloquence hee was so admired that any one but Iob would have been proud of halfe so many acclamations Ver. 12 13 14. Because I delivered the poore that cryed and the fatherlesse and him that had none to help him the blessing of him that was ready to perish came upon me and I caused the widowes heart to sing for joy I put on righteousnes and it clothed me my Iudgement was as a robe a diademe the poore oppressed ones gave him 10000. benedictions the widow owed to his care the conservation of her children and by banishing sadnes from her looks he made her life comfortable and her mouth publisht his praise the fatherlesse being vertuously educated were in a better condition then when they had a father though Kings adorne themselves with purple yet they minde their pleasurs and honors more then doeing Iustice to the friendlesse but Iobs principle ornament and garment Crowne and Diademe was Iustice. I was eyes to the blinde and feet was I to the lame I was a father to the poore and the cause which I knew not I searched out hee mixed the quallitie of a father with that of a Iudge granting executions against poore men with a bleeding heart melting to thinke that such as are lame and blinde should be ordered to run and see like those who are to lye in prison for one hundred pound when they are not worth twenty pounds certainly the most honorable title is to be stiled a father of the poore for what need is there of rich men but onely to doe good to the poore and though a ludge must not pitie the poore in Iudgement yet after Iudgement pronounced there is place for mercy which is but Iustice and before sentence the poore mans interest ought to be so deere precious to the Iudge as not to pronounce any sentence against him till his cause be throughly not onely opened but studied and when the poore had none or but little Councell Iob was as well their Advocate as their Iudge As by the wisedome of the Law of England the Iudge is to be a Councell for the prisoner in matter of life and death so was Iustice Iob a Councell for poore men in all Civill Causes and would not let any man lye in prison for a debt untill he had examined the justnes of it and that it was cleerely due as well in equity as by Law and his justice is most conspicuous Iob 31. 13. If I did despise the cause of my man servant or of my maid servant when they contended with mee hee heard the complaint of his slaves he permitted every man to speake for himselfe before he be hayled to prison to alledge reasons why hee ought not to be carryed thither and the ground of such his supereminent Iustice was ver 14. 15. VVhat then shall I doe when God riseth up and when he visiteth what shall I answer him did not he that made me in the wombe make him and did not one fashion us in the wombe that though he was a Iudge upon earth yet he was a servant to the God of heaven who would enter into judgement with him that though the condition of the Iudge and the Client be different yet their birth is alike God is Father of them both the Clients body molded of dirt and the Iudges not formed of any nobler matter and that both of them had the honor of being formed by the hand of God and both their soules made after his Image as if Iudge Iob and his slaves were Copartners or Tenants in Common that Princely spirit goes on and from ver 16. to ver 25. makes the most incomparable challenge that ever the people heard of If I have withheld the poore from their desire or have caused the eyes of the widow to faile Or have eaten my morsell alone and the fatherlesse hath not eaten thereof for from my youth hee was brought up with me as with a father and I have guided her from my mothers wombe If I have seene any perish for want of cloathing or any poore without covering if his loynes have not blessed me and if hee were not warmed with the fleece of my Sheep if I have lift up my hand against the fatherlesse when I saw
7. and 6. 12. for yee have turned Iudgement into Worme wood and Gall and the fruit of righteousnes into hemlocke Iustice which of it selfe is the most pleasing and profitable thing in the world and which being tempered with mercie cures all the distempers and diseases in a Body politique was corrupted made most bitter to the oppressed and most abominable to God when men are undone by the Law which should preserve them And the Lawes were no better in Habakkuks time 1. 13 14 15. wherefore holdest thou thy tongue when the wicked devoureth the man that is more righteous then he and makest them as the fishes of the Sea as the creeping things that have no ruler over them they take up all of them with the angle they catch them with their net gather theÌ„ in their drags therefore they rejoyee and are glad that as in the Sea the greater fishes devoure the lesser so a full pursed malicious plaintiffe or defendant wearies out his poore adversarie and right is conquered by might by meanes of those Angles Netts Draggs and Cobwebs and Rubbs that hang and Iye in the way and allies of Iustice preferring ceremonies formes and shaddowes before truths reallities and substances and Monarchs ever loved such wittie Iudges as could expound the Law that Iudgement should be given as his Imperiall Sacred Majestie desired and where the plaintiffs cause was so cleere that it was too grosse to give Iudgement against him then after Iudgement given for him to have such Councell as should finde a knot in a Bullrush an error in the proceedings to reverse the Iudgement and so the poore creature caught like a fish in a Net or a bird in the snare and the more he struggles to get out the faster hee is ensnared for he must pay costs to the defendant who unjustly keeps away his Land from him and if there be no such net or snare in one Court then he is brought into another because Law and Equity which should be the oearest friends in the world are many times together by the eares and it is hard reconciling them and being upon this subject let but the wisehearted consider what the Lord saith Esay 1. from the â—1 ver to the 18. verbatim so 5. 7. God looked for judgement but behold oppression for righteousnes but behold a cry God will at the length be cloyed as one is cloyed with meat which he loatheth and his stomack goeth against Prov. 27. 7. with the prayers and devotions of any Nation in the world that have not an expedient of quicke sure and cheape Iustice and will disown and spew out such a people though they be never so instant in prayer and by their instancie and importunities hope to speed Matth. 6. 7. yet his soule hateth them he abhores it from his very heart and take but that precious Text of Ier. 22. 15 16. did not thy father eat and drinke and doe Iudgement and Iustice and then it was well with him he judged the cause of the poore and needy then it was well with him was not this to know me saith the Lord Indeed a man would thinke that it should be easier to finde one good man that would even sacrifice his life to reputation and for the good of the people and so one good King for whom the people would even dare to dye Rom. 5. 7. and if Gods people had been left to any kinde of goverment which they should thinke best they might happily have intrusted some good man with a plenartie of power and have expected a blessing therein but Monarchie is against Gods institution and blessings are onely annexed to Gods Ordinances bread wine in the Sacrament are better to worke devotion then pompious toyes Images and Puppets are for carnall Gospellers sayes God when his people choose a King they reject him But does not Peter Paul call an absolut Monarchie Gods Ordinance I deny it for the power Legislative was in the Senate the Romans did never intrust any man by any Legall constitution to doe what he list without the peoples consent in the Senate Neroes cruelties were never with the peoples consent but sayes Paul to the poore Saints there you see what differences there are between the Caesars and the Senators who stand for the peoples Liberties in such a Case those that have the swords in their hands as the Emperors had the Millicia being at his dispose it is best for you to submit to them those to whom Peter wrote being strangers scattered by persecution were not to trouble themselves with State-matters no more then it had been proper for the Dutch or French Congregations that live quietly in London to have troubled themselves with the difference between the late King and the Parliament But may not people live happily in a mixt Monarchy where the King may have a prerogative in many things and yet the people enjoy their Liberties I say not for Monarchy and Liberty are inconsistent and incompatible Indeed an Apprentice that hath a good master may after a sort be said to be free but to speake properly he is a servant so if there should be a good King like a blacke swan the people may be lesse miserable for a season but it cannot hold long for every creature seeks its owne perfection which depending upon the destruction of one another they Act accordingly and therefore for any people to live in quiet it is necessary that they be totally slaves or wholly free and those Kings at first that promise or pretend to be satisfied with a mediocrity of power they doe not intend to rest there but that they may the more easily compasse what remaines and for my owne part when I heare many wise men speake of making peace with the King and tyeing him up so close to his Lawes that he should not be able to hurt the people I thought it was but a kinde of dissimulation to make people beyond Sea thinke him to be a great King and yet in effect to make him stand but for a cypher therefore I do much preferre the Spanish principle before the Scottish the first wishes that he had many lives to loose for his King and that hee had rather loose his life then question the Kings Iustice but the Scots contend for a King of Clouts meerely for the name of a King that must be whipt if he looke but awry keeping their Kings in as much awe as schoole-boyes for any people to live in slavery whenthey may be free is a basenes of spirit and for others to contend for a King and no King I meane a titular King without power not so much power as a High Constable hath to commit a night-walker is rather worse for God that hath punisht grosse profanenes in England and Ireland with rods will punish hypocrisie in Scotland with Scorpious But still versatill witts will be objecting what were all the former Emperors Tirants in the foure Monarchies or if so what
with Moses that is so farr as the Lord is with thee in the way of holines and righteousnes so farr we are thy subjects and no farther and whosoever rebells against thy Command so farr as it is the Commandment of the Lord shall surely dye then Iosua 3. 9. sayes to the people come hither and heare the Word of the Lord your God and 4. 14. the people feared Iosua but it was because the Lord had magnified him in the sight of all Israel the Lawes that the people were governed by were the Lawes of God which Moses had written in the presence of the people of Israel Iosua 8. from the 31. to the 35. and in all difficult causes no doubt but Iosua consulted with the Elders of Israel Iosua 10. Hee hangs up five Kings makes quicke worke with them they did not plead that their persons were sacred that they were the Lords anointed and not to be toucht but said Iosua verse 25. thus shall the Lord your God doe to all your enemies against whom ye fight as if he should say if there be at any time so long as God hath a people in the world a King in England Scotland or any other part of the world fighting against them the Captains of the men of Warre must put their feet upon the necks of such Kings who ever they be and they must be smitten slaine and hanged up untill the evening and never did trees in England yeeld and bring forth such sweet fruit as those wherof the Scaffolds were made at VVhitehall Ianuary 30. 1648. Some slips or stocks whereof to be planted for the same good use of hanging and beheading all Tirants and oppressors will be more worth to the three Nations then all the Timber in the Forest of Deane in the same Chap. 7. Kings more are Conquered and smitten and Iosua 12. 24. all the Kings 31. and observe the precious counsell that good Iosua gives to the people before his death such Rulers and no others are of the Lords appointment Come wee to the Booke of Iudges Iosua being dead the people did evill in the sight of the Lord 2. 11. and they were sold into the hands of their Enemies that spoiled them yet ver 16. the Lord raised up Iudges which delivered them out of the hands of those that spoiled them and Chap. 3. 9. the Lord raised up a deliverer to the people of Israel who delivered them even Othniel and the spirit of the Lord came upon him and he judged Israel and went out to warre ver 15. left-handed Ehud slew Eglon Chap. 6. 14. The Lord raised up Gideon to deliver Israel from the Mideanites and Chap. 8. they would have made him King then the men of Israel said unto Gideon rule thou over us 22. 23. both thou and thy son and thy sons son also for thou hast delivered us from the hand of Midian and Gideon said unto them I will not rule over you neither shall my son rule over you the Lord shall rule over you Gideon rejects the motion with disdaine hereditary Kingdomes have no footstep in Scripture but the Lord is said to rule when fit men rule by the Lawes of God Chap. 8. 33 34 35. The people soone forgot God and Gideon then Chap. 9. the bramble will be King that which is a curse of God upon the earth Gen. 3. 18. will play Reax Gideon would not be King but Abimeleck makes no bones to kill seventy of his brethren to make himselfe King 9. 5. is such one likely to be a governor of Gods appointment Can it be the minde of God that the Trees of the Forrest should have a bramble to raigne over them Iotham the Survivour ver 7. stands up and sayes hearken unto mee yee men of Sechem that God may harken unto you and may I humbly beg leave of my miserably deluded and discontented Countrey-men to put them in minde of Iothams Parable and in true love to tell them that as Iotham by that parable foretold their ruine and ver 57. the curse of Iotham the son of Ierubbaal was fulfilled upon them accordingly so undoubtedly whoever shall by plots and conspiracies endeavour to introduce any of Abimelecks race or conditions to be King of England Ireland or Scotland or act any thing against the late statute for the abolishing of Kingly power shall perish by the sword of Iustice and those Cities that resist so just Acts Ordinances shall be beaten down and sowed with salt ver 45. The Lord grant that the salt there mentioned and Lots wifes conversion into a pillar of salt Genes 19. 26. which the Lord Iesus would have us remember Luke 17. 32. may be as savory condiments to season mens spirits with a detestation of all Tiranny and oppression and with a love to Iustice and Rationall goverment that the Parliament may give us every day more and more of the fatnes of the Olive the peace bringing Olive quicke cheape and sure Iustice which can onely make peace and harmony in a Common wealth it being the onely strong oake that can keep up the ship of State from sinking and let all that would not be found fighting against God make a Covenant of salt to be true and faithfull to the Common-wealth as it is now established renouncing ever to have any thing more to doe with Abimelecke for see what became of him ver 53. So God will undoubtedly render the wickednes of those that imbrued their hands in the blood of that learned Doctor Dorislaus and Ingenious Mr. Ascam upon their owne heads for such bloody Actions are seldome onely punisht in hell Chap. 11. Iephthah the Gileadite that mighty man of valour who was thrust out of his native place by his brethren was soon called backe to their assistance to be their Captaine and Ruler note there a plaine agreement and stipulation betweene a Prince and people and certainly so it was in the beginning of Parliaments no doubt but it was agreed upon under hand and seale but Kings have been too subtill creatures to suffer it to be printed that if the King should be of one Iudgement and the Representatives of another it must passe according to the Publique reason of the whole and that Parliaments were not to be dissolved till the busines was done which they met about other wise what fickle things were Kings and what vaine things were Parliaments as building of Castles in the Aire Now Iepthah having judged Israel six yeares died 12. 7. after whom Ibzan and Edom were Iudges they being dead the Children of Israel did evill againe in the sight of the Lord and the Lord delivered them into the hands of the Philistins 40. yeares 13. 1. then the Spirit of the Lord began to move in Sampson and his valiant exploits are the substance of the 14 15 and 16. Chap. then comes the great objection which the Royalists make Chap. 17. 6. in those dayes there was no King in Israel but every man
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
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
have censured to be an inovation and precipitous Iustice indeed precipitancy is the Stepmother of Iustice and must as carefully be avoided as falling from a Rocke but that is to heare and determine before both parties are ready or had convenient time so to be otherwise when a Cause is ripe for sentence why should not the Court put in the Sickle a speedy tryall is the Plaintiffs joy and just Iudgement delayed may prove worse then an unrighteous sentence speedily pronounced Fourthly There is a great difference between the proceedings in England and the ancient course of this Court in point of payment of debts for debts are payd by instalment as the Defendants are able to pay them a most excellent and admirable composition of a Court for the case of poore Ireland stands thus the poore English who through Gods mercy saved their lives but lost their estates by the Rebells begin now blessed be God to returne to their possessions and the protected Irish make a hard shift to live paying great Contributions and many a poore man hath got a plough of five or six garrons as many cowes forty or fifty sheep all worth about fifty pound this poore man payes for horne and corne and begins to grow warme in his busines but comes an Action of debt like an armed man upon him for fifty or a hundred pound contracted before or for his necessarie subsistance during the Rebellion the Plaintiffe having been long out of his money is very stomack-full blame him not after so long fasting and prosecutes with all rigor Iudgement cannot be denyed him an execution against goods in other Courts Issues of Course and what followes the goods are sold at under rates at 25. or 30. l' for who will buy his neighbours goods so taken from him but will be sure of a good penny-worth and the fees and charges of the execution are so great that the debt if it were but 50. P. is not halfe payd and for the remainder the defendant is taken in execution where he starves to death and his wife and poore children beggs from doore to doore unlesse relieved by the parish but by the course of this Court the defendant comes in and prayes an Instalement and a Iury of indifferent and impartiall neighbours install the debt to be payd by severall gales and dayes of payment as in the Defendant shall be thought able and if the Iury who certainely are the proper Iudges in such cases for it may be their own cases the next day findes any fraude deceit or violence the Defendant is imprisoned as he well deserves by which meanes it is an observation to me very admirable though the people be extremely indigent there not being scarce a tenth part of the money here that is in England debts are I believe ten times better paid here then in England for of 5. or 600 l'debts that have been here sued for in some one Countie scarce know ten of them but are payd or secured whereas if the Reynes of the Law had beene let loose here as in other Courts in all probability there had never been ten debts of a hundred satisfieed for not one Defendant in twenty hath so much money by him and if either his person be restrained or his little flocke taken away his friends leave him and so miserie quickly findes him but give him time he works like a mole to keepe himselfe or his goods from Arrest one friend like one hand helps another he recovers some other debts due to him and in a short space becomes a noune substantive I could instance in many that had Actions against them of 2. or 3000 l' value it would pitie a man to see more load still layd on as if they would be prest to death yet by this way of Instalment the man having a breathing time agrees first with one then with another and in a short space growes into as good credit as any of his neighbours the contrary practize of not instaling debts as men are able to pay hath beene the ruine of many families that might have flourished to this day and by this meanes the Contribution to the Army is payd Agriculture increased with many families would all be quickly ruined if the Farmers should be unstocked by such executions The practise of this Court hath likewise formerly been very profitable and easie to the people in matter of Executorships and Administrations as to end ten or twenty suites upon one bill filed against an executor or administrator the creditors are all called and every mans part proportioned according to the conscionable demerit of the debt and not the whole estate swept away upon a dormant Iudgement to the defrauding of many poore Creditors with some other equitable practises too long for an Epistle As to the second censure that many preach uncalled or that have other businesse to doe wee know that untill there was a standing office of Priesthood Moses who was the chiefe Iudge of all Civill Controversies exercised the Priestly office Psal 99. 6. Moses and Aaron among his Priests and Samuel among them that call upon his name It was Moses that consecrated Aaron but we doe not read that he was consecrated himselfe Magistracie and Ministery are distinct bodyes but in the absence of a Minister every gifted man not onely may but ought to speake to the people as a good steward of the grace of God under penalty not onely to have the Talent taken from him which human prudence would thinke sufficient but the unprofitable servant is to be cast into utter darknes in which sense doeing all that we can I hope we are not unprofitable servants If such an objection should be regarded here wee had long since been Atheists without any face of Religton upon the Sabboth day and without any forme of godlines surely if in Law much more in Religion Necessity makes that not only lawfull but comendable which otherwise would not be so besides there are some that can give an account of their faith Latinaliter and so by the Statute of the 13. Eliz. cap. 12. may preach and so may any other by vertue of that Statute that hath a speciall gift and ability to be a Preacher but there is something of more particular concernement In suites depending betweene the English and Irish when Irish witnesses are produced the English object which indeed is one of the greatest difficulties I meet with that they make no Conscience of swearing upon our Bibles but will speake truth upon a Ladyes Psalter or by St. Patricke now they will not come to our Sermons to heare their grosse Idolatries and superstitious fopperies reproved but are very constant auditors in Courts of Iustice where some of us take occasion to informe them of the nature of Oathes and endeavor to convince them of the ridiculousnes of their bread God in their transubstantiation that they commit adultery with their Images and are so impudent in crossing their foreheads that they cannot
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
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