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A34350 Considerations touching the dissolving or taking away the court of chancery and the courts of iustice depending upon it with a vindication or defence of the law from what is unjustly charged upon it, and an answer to certain proposals made for the taking away, or alteration, of it. 1653 (1653) Wing C5918; ESTC R18810 47,697 80

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wisdom to any that shall so judge of them be thought to have been so to a continual succession did only correct alter and add as there were necessities or occasions but left us our Laws and reasonable customs to preserve our estates and properties Contrary to all the Petitions and pretences of Grievances that ever were exhibited by any of the people before or since the Conquest to any King Parliament great Councel or Assembly for above one thousand years To what our Auncestors did in England Who in the change of governments and succession of Kings from the Saxons to the Danes from them to the Normans thence to the Plantagenet line from the right Heirs to the wrong from the red rose to the white from the white to the red and white united in Henry the seventh from the Catholick religion to the Protestant from that to the Catholick and from that back again to the Protestant from the English line to the Scottish did never find any cause to take away that Court which they found by so long and successive experiments to be the conservator of Justice Contrary to the National Covenant which many have endeavoured to prove to be consistent with the Ingagement to what was done by the late Parliament in their reformation of religion wherein though the Bishops and Book of Common Prayer were put down and abolished and that not at once did not put down all the Doctrine of the Church or all the Discipline or parts of it nor shut up the Church doors Contrary to the many Declarations vows and Imprecations of the late Parliament The many Declarations and Remonstrances of the Army The Course held in the late Conquests of Scotland and Ireland who by enjoying their Lawes and Courts of Justice have yeelded an easier submission to it The Act of the late Parliament in erection of this Commonwealth which declared and promised to the people that they would not alter nor take away the fundamental Lawes The Peoples purpose of their ingagement upon it The Act or order of Parliament for the regulation of the Lawes The regulators Systeme and the Nature of a reformation or regulation The late Act for taking away Fines in Chancery and many of the Petitions that of late have been against the Lawes which desired a regulation but not a total taking of them away CHAP. VI. That the very Being of Parliaments is preserved by the Laws and that so great a distemper and disturbance as will come upon the people by putting down of the Laws will by a necessitie of Justice and of the better ordering of Affairs bring them back again by a revolution of time into their old Chanel WHich for so much of them as have their Principles from the Laws of Nature and right reason and the consent of them or are founded and deduced from them are so interwoven and radicated in the very Being of Parliaments so inseparable from it and so reciprocate to it as that high Court of Parliament which is not by themselves intended to be any standing or ordinary Court or Rule of Justice cannot when it shall sit upon emergencies or matters of greater consequence be without it no more than the people can in the Intervals or absence of it for that the Law of Nature which God imprinted and put into the Hearts of all Mankind and that Law of reason which bindeth Creatures reasonable in this world and with which by Reason they most plainly perceive themselves to be bound and so much of our Laws which out of the Law either of God or Nature or Reason our Forefathers probably gathered and conceived to be expedient which the learned Hooker putting all together calleth the second Hooker 1 lib. Ecclesiastical Pollicy Law eternal are so in some sort immutable as they cannot be taken away or repealed by any Act of Parliament whatsoever but will retorn and grow up again with the nature and reason of Mankind for Laws of men not contrary to the Law of God nor to the Law of reason are to be observed in the Law of the Soul and Doctor and Studient 4 Chap. he that despiseth them resisteth God and that which plain and necessary reason bindeth men unto will upon some inconvenience or necessity at one time or other get it self in again and obtain an allowance or ratification of human Laws for it Which should advise a great inspection and examination into the nature cause and effect of all our Laws before a sentence of condemnation passe against them that so it may be clearly known what and how much of them have their Being from the Law of God or Nature right reason or convenience and a value accordingly put upon them that the Gold may not be cast away for the drosse nor the Saint for his infirmity That we may not be sent to seek after in the rubbidg for that we might have kept or laid by or not seem to have pullen down all the house when some little part of it would have served the turn or to be such ill Husbands as to cast away the materials might have served for the new building and is better or more substantial than any can be gotten instead of it of which opinion were all our former Parliaments who hitherto in their correcting and altering of Laws could never be brought to forsake any thing might be good or fit to Sir Francis Bacon Judge Hutton in his argument against the ship mony and Lord Hobart in his Reports remain of them and all our Forefathers who in their greatest esteem and reverence of Parliaments did beleeve that an Act of Parliament it self enacting any thing against Common right and right reason would be void and of none effect to what end then should these men sollicite a Parliament to take away the matter of its own form and subsistence and its Being or coexistence with the Laws or to take away that which is to be a rule of justice to the people when they cannot themselves intend it or to lay by those Laws which the wisdom of their Predecessors thought they had done the people good service when they did procure them to be enacted and those reasonable customes which the people were wont to swear their Kings to observe when the late Parliament took it to be a good way for the preservation of the Laws and Liberties of the people that Sheriffs and Justices should be sworn to the Remonstrance 15 December 1641. and 26 of May 1642. due execution of the petition of right m Stiled themselves the Conservatory of Lawes took Arms for the maintenance therof appealed to the people touching that imputation which they said was then laid upon them that they which represented all the Commons of England and had so great a share in it should endeavour to take away the Laws and run so great a hazard to make themselves Slaves Wherefore if the Parliament to please these unquiet and proposing spirits and let