inferior places But assuredly the foundation of this mischief was principally in the abused practise of the Courts of Justice of this kingdom which holding also a Jewish dependency as before was hinted there was no stint of strife for the Law admitted appeals and what was so called the Subjects due ought not be denied them so that if you had either a knavish or a powerfull adversary to deal withal which power is manifold as either a great rich man or greatly friended by the officers or els powerful in a joynt stock as a corporation whose united purses have ruled over all justice and righteousness whatsoever in many places you could not get right but with repentance that is loosing by the bargain the particulars I shall demonstrate after this ruined many discouraged more discontented all except the gainers which were and are such a rabble and bed-roul of names in both Laws as would amaze a wise man much more a Christian for whereas a Christian saith let all things among you be done in love and let the brethren judge your differences that is without litigious pleadings after the manner of the world but with that quietness gentleness meekness and botherlike affection as the Gospel of Christ holds forth and the prudent man saith let it be before wise men duly appointed in a time convenient and with certainty and what one Judge cannot determine either for difficulty or doubting let aid be joyned and right done and that whither according to the exact letter or the rule of conscience The Laws of England held forth all things in practice I say in practice for the general rules or foundations of Englands Laws are good wholsome and sanative absolutely contrary for it held forth in the letter you should have right for every wrong this general rule was good but discend to the particular The Quaere now is what remedy for the wrong an Action you must prosecute But first it is considerable by whom this Action shall be brought for long suites and expensive have bin had and then the party ought either to have one or more joyned with them or where the Action was ioynt it ought to have bin sole sometimes in the respect of the nature of the Action sometimes in respect of the way of assessing or recovery of damages next it is considerable in what Court for ofttimes 100. li. hath been spent in the Court and then the Court had no cognizance of the business yet the ablest Lawyers in England advised within the case or so accounted as most favored c. But grant you hit the Court then the Quaere is what Action for one hundred Actions have been prosecuted in the right Court and before right and due Judges and by the right person and then the Action mistaken it was deceit and should have been a Trespass or a Tespass where it should have bin deceit so almost in all matters of higher or lower nature next agreeing what Action where shall you begin your suite out of what Court have your process and for your process whither from above that is the Kings bench which now holds cognizance of all pleas or the Common pleas the proper Court of all Subjects differences betwixt themselves at least in the Common Pleas by original in the Common bench by Latitat or els in the Chequer by a Surmise that you are a Debtor to the King or below in the County or City if the sum be not above their Trial and for the Chancery and such other Courts a Subpaena and then the several Writs must be issued in due course or all is nought Next for the execution of the Writ there is for the Chancery c. either the party plaintife or some other shows the writ to the Defendant or leaves a part or the body of it so called as the case requires at his house and if he appears not process issues against his person but upon the other he must be arrested by a Serjeant of the Mace so called the officers of a City or a bayliffe whether common special or of a liberty there is not much difference they are much alike Now these mens livelyhood is under the Sheriffe to execute writs of all sorts to judgements and Executions they have a fee proper from the party but that was set so long since that it is not a sufficient maintenance now and rather then take paines to raise that well foreseeing the trouble it would bring to alter all Fees in the Nation they let them gripe the poor and abuse the rich and wrong all Yea assuredly they many of them take hire of the Debitor or Trespasser not to see him and of the Plaintiffe or Creditor to see him as the searchers or under-writers for customes formerly or now for excise may do either for prohibited or custome stoln goods So that ofttime the charge of arresting is as much as the Debt and it is generally known that these men are the worst sort of men the old Law was none to be arrested but to find sureties that his cause was just and that he would prosecute with effect but that just Law being too hard to many poor men to surmise the best was not remedied but by practise that is the unwarantable proceedings of Judges Totally abolished and now a bill of Middlesex may abuse any man unknown and the law is made a stale to the both foolery and knavery of Sycophants or worse there is much pleaded for this arresting by Bayliffs as first he is a known and sworn officer I say only if he be so let his Summons without a Writ or attaching the person be enough and if twice summoned let him be proceeded against as to his goods who will not appear provided he be at or in Town but this is beyond my taske intended here There is another way of making the offender appear which is by Utlagary used very unjustly and so confessed but as good as the rest The next thing is where I must lay my action that is in what County And many times the action is laid in London for a matter of so small moment that a journey to London of himself and witnesses eats out all the gain justice gives especially when small matters are removed outof the County justly as I will say in this case they being indeed above the now proper rate of County or City Trialls or else unjustly as when a man is arrested in a liberty for five pound or forty shillings only which is there triable he gets himself arrested also for a greater summ and so removes both to London now for these proceedings in abuse of the common subject of the Nation in Law-proceedings believe not I can or hope to open all the sleights tricks quillets fetches deceits knaveries and abuses with the irrelegious abominable prophane juggles thereof it being in the whole practise I say practise of it nothing else but vanity and wickedness I am loth to say robbery extortion
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
so used which liberty being much abused the parties who upon the heat of the blood that is while the injury was fresh complained were bound over by Recognizance to prosecute for the King and so were the Witnesses but if the party or the Witnesses should refuse it it might much be scrupled what by our Law ought to be done to inforce them justly but Custome hath prevailed to go by steps The places of Trial of Crimes are either the Ordinary as Kings-Bench or Statute-Sessions or the Extraordinary and yet Ordinary viz. the Commissions of Oyer and Ter. and Gaol Delivery carried down alwayes with the Iustices of Nisi Prius at the Assizes or the legal Extraordinary which were an assotiation of more men then ordinary according to the novelty and exigency of the cause most legally and usually made up of all the Iudges of all the Benches and no other and heard in the Checkquer Chamber Now these are not to be scrupled in themselves the other and which are extraordinary and scrupled as illegal are meer Royal Commissioners consisting of Iudges Lords and other men according to the pleasure of the prime Magistrate and these were rare and but in case of great offences or doubts of imminent at lest so pretended concernment And there were two Causes the one professed which was the resolution of many wise men sworn to do right according to Law betwixt the King or State and the Subject who by concurrent Votes assured the interest of either party and surely were the Law by which they judged as plain and evident as the reason or foundation of their extraordinary judgements there would be no exception but the fear heretofore on the peoples part which is the ground to the present jealousies was in respect that Commissions pretended of that nature were aiding to the inchroaching vertue of the Supream Power to the advance of Prerogative especially after King James had made the Iudges which were the leaders in both these powers his meer Creatures by absolute dependance in altering their Patents as aforesaid from during their well abearing to during his pleasure How the Iudges Patents are now I know not but except the present condition of affairs make that now lawful which in it self is not surely such Arbritrary Patents are introductive of the heights of vassalage for if they in each Punctilio advance not the intendments and interests on foot of the Supream Magistrate be it good or evil for God or against Liberty or Bondage A Writ of Ease is next to be expected and that engages to the slander of every malitious enemy and he now lies open to the lash of every accuser especially if any litigious person hath been overthrown before him O how the man bustles and now is his time for revenge our eys have seen this and this I suppose to be the ground of fears of such Commissions I willingly avoid Ravelling Controversies upon presidents which in our Laws are so many and so diverse each from other and multitudes so contrary each to other as supream or most excellent reason must bear sway and then the arbitrium of the Commission will not be so much the question as the Law by which judged If it be objected against the adjoyning in Royal Commissions that they are nor Lawyers nor Iudges in Ordinary but Merchants c. I say there lies an Appeal to Parliament from any Court Ordinary or Extraordinary which receives Commission under the Parliaments Authority If it be objected they are meerly the States Pentioners then the Argument is against the Supream Magistrate mediately against their Iudges immediately and is remedied by appeal but this is manifest that there is no necessity of these Commissions they were continually declaimed against and denied as one gap to invade the native proper liberty of the Subject and if now inforced can but foment jealousie against the State Having now found out the proper Courts of Trial of criminal persons let us see who the criminous person is and how to be dealt withal the criminous person is vulgarly taken to be him that is accused Legally him that is convicted not differencing where upon examination before the Iustice there is confession of the party full evidence upon oath violent presumptions or barely suspition but all are dealt withal alike except they misdemean themselves and in case the matter be baylable baylable alike few Iustices looking at good bail but all the Clerks at their Fees in which case much error is where the Clerk is Iustice of the Peace or c. and the Iustice not able or too proud to draw a Warrant himself Now by the Law of England and just reason mens liberties being highly prised heretofore men were to be tried the next Gaol delivery I mean at the Sessions for the County but now by a Statute made in the time of Philip and Mary or at least under pretence of it all matters criminal being death that is out of the Rogues City of Refuge that is to which they cannot readily plead guilty of all Felonies within Clergy the still continued shame of England so that some use a hateful Proverb All Rogues to the Clergy and all Clergy to the Gallows they must be tried at the so called Assises This Statute was a great friend to the Clerk of the Assize above the Clerk of the Peace and those Iustices that will not see this Statute the Inquisitive Clerk of Assise can spy his time to fit him if he cometh in his compass which may be every Assises and though present put him down absent so he is fined forty shillings and to remedy it will cost twice so much Now in the Gaols the Schools of Iniquity they are not imployed and if any one will imploy himself he must purchase his liberty to use his Trade at the Gaolers discretion for there is no Law for it no not for Debtors so that having nothing to do the Prisoners confer notes and the older Thief Cutpurse c. still instructs the yonger in the revealed quidities of the Law Vain people think highly of these nice evasions of Law but the serious sees it makes the Law ridiculously difficult the great Rogues scape but the ignorant and unexperienced dye for it All honest men love mercy and are as loth simple Felony should be death as any but they would not men should by Custom abuse just things or endure unlawful ones or connive at wickedness Yet these and multitudes more well known have long and do still pass unremedied or are provided for but in part or for a parcel of the Commonwealth So that it is certain the generalty of men which once come into Englands prisons of all sorts as now used are spoiled for ever both as to industry and honesty yea so notorious is the evil that I have known many Justices avow it was their sorrow to be in place to be instrumental to such evils by sending one for his first offence to Gaol and likely to
power absolute and can punish have no rule but prudence in enlarging or restraining them they generally used banishment but this in successive or hereditary alterations upon the same ground of prudence cannot be safe therefore some have immured them and starved them some imprisoned them some cloystered them some privately murthered them but all these were acts of pure power and force and left but an implicite construction of Justice on their actions Our new and unparallelled Transaction doth I know to many seem Heroick and if established by Law upon this president would be an admirable adventure to hold an aw upon the spirits of great men and to that end they desire the explanation of the supream power or Magistrates Trusts and in what cases it shall be lawful to arraign them with the same legal provisions as King Charls tyed his own hands in the Act for a Triennial Parliament but I leave treating of this lest I grate to no purpose I come now to see 16. What are the Priviledges of Parliaments and in them of the Bars to the Supream Power FIrst we must consider that these meetings are according to the Rule of pure Native Law by the advice of many and those duly elected out of the people to avoid confusion to take care for the settlement of all those errors which intervening time produced since such an Assembly last Congregated and that both as to the Actions of the King in his Officers where the King was held unquestionable and therefore which was unjust in some part his servants were punished of the higher Magistrates and inferior Subjects either in a legal way according to the ordinary constitution of the Nation or extraordinary in case of emergencies for which no Law was provided The examples are manifest in both Now the priviledges of these men were and ought so to be whereever such bars are first that the due right of the subject might be preserved that those who were to be of the Parliament were duly chosen that is neither by fear nor favor which was from either open force or private warnings or requests to the friends or dependants of great mâ—… which were commands which how broken and still are even by Reformers themselves to their shame not of Reformation is evident The next priviledge is that being chosen they being now of special use and imployment for the publick themselves horses goods and menial servants were priviledged from Arrests distresses c. and only they for the law of entertaining by giving protections was a dispriviledge of the common Subjects for whose sake only they were priviledged and no more that other being but a meer Royal corruption by degrees to make them all seekers of interests upon that base Maxime that trusts were to their own benefit The next was to have free liberty to chuse their Speaker who was not to be disallowed but upon good Cause and that Cause they were Judges of for all see else the vanity of the formality if the approbation be upon meer will for then there is the power of Election and this Speaker they may also upon good Cause put out by the Votes of the greater number The next priviledge is That they have a free liberty to treate of all matters the assembling by Kings Writ the being called his great Councel are honors of Time and formal and cannot abridge their necessary liberty of free Treaty c. But their power appears in that they had the Guardianship of the peoples Lives Liberties and Estates and though in the variety of changes they did as all mortal Powers do sometimes submit sometimes inforce as the condition of Times were we must use a true foot and ascribe no more to them then is needful not plead presidents but Supream reason by which they therefore might and ought during the forty dayes Session a convenient time which by convention seems the time set during which the King could not dissolve them to receive Petitions from all places by turning themselves into Committees and hear how matters went with the Nation upon such Representations from the particular Counties Cities and Town therein addressed to the particular Members chosen by them for the aid of the whole Nation and upon these to call some say the Kings all agree all the Kings Officers of all sorts to their Accounts as Treasurers and that both for Land and Sea yea Officers of Peace as all Iudges c. and of War as General or Lord Marshal or by what other name or names on Land or Admiral or c. at Sea Captains of Forts and all others who managed the Revenues so called of the Crown that is for the publike benefit and this power is coincedent to every Bar to Supremacy And truely where this is not it is easie to believe the Supream Majesty may soon pretend all is intrusted to his own Will and for his particular benefit then they may adjudge and sentence but not in Committees but in the whole house otherwise there is no legal proceeding and really and purely this did and was to rest principally in the Representatives of the people who are the Commons the separation of the Houses as with us and the single power of the Lords to Iudge the Commons to accuse yet one Court is much differing from excellent Reason if not contrary to it that so right might be done to the whole Commonwealth against the out-breakings of the King and also to every particular person by restitution against the wrong doer yea though by the Kings Command or Commission if not agreeable to the Law Now the limited times of Parliament were necessary lest otherwayes they should abuse their Power or usurp Supremacy absolute and also become desperate debtors because of priviledge And lastly that while being men and capable of erring their false judgements if any were may be rectified by a new for it was and must be the priviledge of these highest Courts not to have ought done there by any of the Members questioned in any other Court onely Treason Felony and the Peace which being flagitious the excellency of Reason admitted no priviledge to for how could such enormous Transgressors of the Law be righteous Law-Makers The last priviledge is to have pay for their pains by a it should be equal rate upon all the Freeholders in the County that is they who legally had or might have had a Vote in the Choice and this allowance was to be set by Parliament and who could they better trust with a little of their estate then they whom they had formerly instrusted with the whole and this was not due till the end of Parliament So jealous is Reason of all Supremacy in the corrupted state of mankinde And surely none that is not actually in this height but will agree to this just Reason and he that is in if he intends onely a due use of it cannot deny it this is just betwixt these powers and them for whom they are intrusted for
Transubstantiation not Consubstantiation for they agreed the whole Law was as it is devolved into Form and Practise the pure streams of Justice were as they fell from the fountain of Divine and Moral Reason drawn by Art into private Cisterns of Profit and Honour But they durst not undertake the VVork I desired then considering my many occasions That they would but impart something to me to help me in my so great attempt I talked with some Attorneys to the same purpose and from two men I received two Papers shewing the abuse of dammage clear and suing out the Cap. utlagats the most ordinary matters I then addressed my self to some men eminent in Honor and places of Trust discovered my minde we argued I saw they were convinced of the truth of the thing and were resolved were the Law altered they should submit yea even to what I then and here propounded But they would have no hand in it they had no time they had spent their Studies in the present Law and to change was a new work Some advised me to leave off these thoughts and fall to Practise they would warrant me I should get as much as any of them After long delayes consulting my own strength and seeing Judges Serjeants Councellors Attorneys Solicitors and All confessed Alteration necessary delayes evident Justice incertain Equity more ruining then undoing Common Law I did partly out of the sence of the unjustness and wickedness of the Law but principally that I might be out of the lash of a credit Ruining frown leave all Practise whatsoever as I had formerly left the most and did consult which way to take to open in the most Christian way the Evils of the Apostate State and Commonwealth and how to offer an expedient sutable to the condition of the people wedded to Laws and Customs called their own This is that which the Lord put me upon I have avoided to my utmost all bitterness and just occasion of offence to any either Powers or persons And to any man shall require a further account of the hope that is in me concerning matter of Conscience or of the matter of Law and the Reasons herein offered so it be with Christian meekness and zeal for the Truth according to my knowledge I shall freely discover my self and yield I hope a satisfactory answer For I assert there is nothing here laid down in any kind as to the civil Regiment not warranted by the present so called Law-books of England I restrain not my self to the so called Year-Books For the scantness of my time I could have wished more and more abilities and that both natural and experimental but you must take it as it is onely an Essay for a Settlement of a Christian Commonwealth I leave the Work to such as Providence shall cull out of the many present Worthies of Englands Labourers Me thinks England labours like a woman in sore pangs of Travel crying out to be delivered I pray God none of the Midwives Juno like set cross-legg'd in the Temple of honor profit power or the like O that every one could banish all interests and all Relatious for Christs sake I know abundance that will allow this project of Resolving this Nation into County Jurisdictions their spirits will be immediatly fancying places to themselves friends kindred c. for the moddle holds forth a due satisfaction even to carnal Interests The opposition will arise from the great interest of the City of London and the Supream Judicatures but it is clear their interest may thus be continued to a just proportion Now they ruine Government within themselves and destroy the whole Nation besides let them live but let not England perish for the Lords sake you that are our Physitians remember your promises when you undertook the Cure Then you stroaked the wound gently you asked nothing till the cure were perfected but our wound is open still more wayes to discourage the poor impoverished subject then ever Take but the many fruitless Acts for poor prisoners into consideration and the forceing an Affidavit of the Engagement notwithstanding a Certificate of the Commissioners can we not easily determine the Reason it cannot be zeal for Justice but the Clerks Fee upon the Oath our hearts are hot in pursuit after the world while our lips breath forth expressions of the new birth Assuredly Englands Allarms to War will not cease till the sins cease You that are in Authority like valiant Chieftains must not onely speak couragiously but Act rigorously you and your just Acts and Ordinances are slighted and contemned First by your selves our Trustees they are not duly transmitted to the Counties then by our selves your Trustees they or some of them deal with them as they list each one interprets as his interest leads Let these things be represented to you and what is done nothing Nay come up to London waite and attend till you be weary the justness of your Cause gives not the quicker dispatch yea I have heard that some spoken to to hasten matters agreed on have been told their haste should cause their tarriance or words to that effect These are sad Symptoms to such Melancholy spirits as mine of renewed Judgements I shall say no more But leaving the whole Work to the Lord address my self to seek his face and pray unto THe Lord our God the God of Abraham Isaac and Jacob and of all the faithful the Almighty Jehovah the Father of our Lord Iesus and in him both of Jew and Gentile That he will please to open the eyes of all called Christians and give them hearts to understand his wayes that they may see and perceive the evil of their doings that the precisest professors may see that from their evil walkings the Enemy takes advantage and causes many Professors to fall off vainely thinking all are wholly hypocritical because of some mens failings Let those O Lord who have some beginnings of resenting their duty to seek thy face not give any occasion to thy Enemies the profane-hearted yet among thy people to transgress with more boldness because of their Liberties Yea give the loose Professors to consider that their evident unchristian walkings cause the open Enemies of our blessed Saviour to blaspheme even Jew and Gentile for what people walk so contrary to their profession as the so called Christian Father I pray discover to them that claim to be called thy Clergy as at least indeed set apart for more excellent and eminent services in Word and Doctrine that their lives must be the best Interpreter of their words their conversations of their Exhortations and Perswasions To Preach Love and live in Enmity to Preach Obedience and be Refractory if not Rebellious is not Christs way O let them all see even from the highest to the lowest that its Error evident hath caused Truth to be distrusted and their words contemned Righteousness and Truth carry a Majesty which Satan fears Convince them therefore that as they have