parties of King and Parliament ibid. Two speciall parties Presbyter and Independent ibid. The principall differences generally discussed pag. 56. and 57 The doctrine Episcopall and Presbyterian the same pag. 58 The Parliament upon prudent consideration do not fully approve the Presbyterian way ibid. The reasons ibid. A main error held by Presbyters pag. 59 The Congregational way rather allowed ibid. And the reason ibid. The objections against it pag 60 The Army new moulded in a dangerous season ibid. Naseby fight and the disadvantages to the Parliament in reason ibid. The prosecution of the victory pag. 61 The King comes in to the Scots ibid. The Scots return ibid. Independants how thought on c. ibid. The Army seise the King at Holmby ibid. He is prudently wrought into the Isle of Wight pag. 62 The Armies interest questioned ibid. London Prentises assault the Parliament ibid. Generall Risings in all Counties ibid. A great insurrection at Norwich with an extraordinary providential issue p. 62. and 63 The Navy revolt ibid. The Presbyter joynes in the design ibid. The King set at liberty prudentially in the Isle of Wight ibid. The mannagement of the plot ibid. How advantageous to the King ibid. The Scot invades England to necessitate continuance of the treaty ibid. Colchesters Siege ibid. The Parliaments Armies streights and patience the Scots routed p. 64 The Army march to London ibid. Divers Members imprisoned ibid. London Garrisoned ibid. The King questioned and executed ibid. The Kingdome made a Republique p. 65 Opposition to the work fomented with the grounds of it ibid. All arose from the Kings party ibid. The Levellers rise ibid. Levelling in all the various Interests of it as evil considered p 66. and 67 Just Levelling considered p. 67. 68. 69. as it relates in the whole to a just settlement of the Nation ibid. The divers grounds these just Levellers had p. 69. and 70 Manifesting the difficulty of due reformation in the Nature of interest corrupted ib. The scandalizing of authority under availed name disallowed p. 72 General complaints considered ibid. A consideration of the incoherency of Christians Lives and Doctrine ibid. The Parliaments faithfulness in general ibid. Obstructed by particular interests p 73 Some considerations of some Laws or statutes new made how tending to the priviledge of the people ibid. Consideration of Engagement ibid. Consideration of trials by extraordinary Commission p. 74. and 75. Wherein is considered The holding up the hand ibid. Opening the doores ibid. The parties whether to have councel or not ibid. Whether the Jury be Judges of Law and how c. ibid. Gaoles and their evils briefly considered p. 75 Maintenance in prison p. 75. and 76 Arresting by armed power considered p. 76 Dilatory Pleas exploded p. 77 The reasons of making the Laws difficult ibid. Contrariety of Laws resolved ibid. Kings of England had not the Militia p. 78 Consideration what is the Law of England c. p. 78. and 79 Want of work-houses and the reasons p. 79. and 80 Particular Law-books examined whether Law ibid. These greivances not yet remedied p. 80 Errors in all states and conditions of men ibid. And the most visible reasons of some ibid. Lawfulness of Impropriations questioned p. 81 The Objection against the present Parliament ibid. Counsel of State considered ibid. Corrupt Interest still makes Corrupt Officers p. 82 Taverns Inns Alchouses the Nurseries of all vice encrease p. 82. 86. and 87 From these Defects Governors opposed ibid. Civil Apostacy as well as Ecclesiastick agreed ibid. Christs Kingdome desired till then a Rational prudential settlement ibid. Saints priviledge ibid. Their submission to all Government p. 83 Gospel good workes what ibid. Christians bound to the Law ibid. The vanity of the Amusive part of Civil Government simply p. 84 Court of Chancery considered and what is the proper matter for that Court p. 85 Some General considerations of legal grievances p. 86 Necessity of setling Schooles p. 87 And regulation of apparel ibid. More consideration of legal Nicety ibid. Speedier Law in proper places necessary p. 87. and 88 Magna Charta and the Petition of Right how the priviledge of the Subject considered p. 88. and 89 The way to settle the Nation propounded p. 89. and 90 Who to be used in setling the Law p. 89 and 90 Excellent reason in Englands Law p. 89 Evidenced in particular cases ibid. Gods Law to be the head rule ib id Consideration of discents of inheritance by a double portionaccording to Gods Law or as in England p. 90 Who the great opposers of due reformation in the Law and practice c. p. 90 Divers conversation of Christians to their profession ibid. A serious Caveat to all in power p. 91 The extent of the Engagement considered ibid. Assizes in Norfolk held in an illegal place p. 92 Some matters concerning the course of Error in Criminal trials remembred ibid. A great abuse in Vnder-sheriffs ibid. Evils of Law suits worse then ever p. 93 Something fit to be done considered to answer so many Engagements ibid. Difficulty of National reformation ibid. Danger if Reformation be not evident of strange returns ibid. Considered from several opposers ibid. Gods admirable workings for the Supream powers of this Nation ibid. This ought to raise hearts to serve God the more ibid. Not the Author of a work but the nature and usefulness to be regarded ibid. The end of the first part intimating the general end of the second ibid. Desire of a blessing from God in it p. 95 Courteous Reader amend these faults of the Printer with some false stops which the Author could not so well correct nor the Printer in so much haste as was in this desired PAge 2. line 50. read most p. 3. l. 9. r. ware and l. 56. r. our p. 14. l. 26. r. promises p. 17. l. 28. r. Grandeurs p. 20. l. 45. r. mother p. 21. l. 45. r. that p. 22. l. 53. r. Annate and l. 56. r. still p. 31. l. 26. r. change p. 34. l. 5. r. nought appeared p. 37. l. 22. r. at least as to p. 42. l. the last but two r. Councellor p. 43. l. 21. r. exacted p. 44. l. 47. r. Mystery p. 46. l. 3. r. that was was Kings p. 48. l. 13. r. Acres of the Tenement p. 49. l. 10. r. Christian Knight and l. 47. r. first p. 53. l. 43. r. barques p. 55. from the word there l. 10. to reject l. 12. put a Parenthesis and l. 27. r. while with a little w. p. 58. l. 51. r. impowred p. 67. l. 21. r. to leave each p. 69. l. 11. r. a Hanck p. 78. l. 37. r. Hanck p. 82. l. 35. r. policies p. 85. l. 22. r. course p. 87. l. 15. r. effronting and l. 18. r. universal p. 89. l. 19. r. force p. 91. l. 31. put the stop after value A SVRVEY Of the Houshold of God on Earth c. THe Lord God for his own glory and the accomplishment of his determinate
that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
over-confidently accept these councels the truth I shall not prolixly assert God having providentially cut of that Quaere by the Sword of the Hollander but their course lading provision number and quantity of men and Commanders quality of convoy and backs of carriage besides the testimony of divers all tend to demonstrate the same nor for the same reason shall I argue how cross and incoherent we see these Councels were for fools see errors when the cast is plaid which the wise Gamester studied for and could not descry This as it hastened preparations on the Kings part for war so it enforced him while yet unprepared to hold out the Ensigns of peace and what no advices could produce before is now for interest sake granted namely a Parliament wherein all under-hand proceedings for elections not being able such a general dislike being in all men to the King and his proceedings to work and mould it serviceable to the Kings ends he as soon dissolves as calls it This breeding a deeper distast and he not yet fitted and seeing the people now fell upon petitioning rather then rebelling relying upon the Parliaments united power rather then upon their single personal rights and would sooner venture to set down with an unjust loss of part from the Kings power then loose all to his mercy by an unwarrantable course He calls a Parliament again and to this Parliament are brought so many complaints that I fear the bulk of Petitions and Remonstrances will affright our Worthies for looking into them and let much necessary work lye undone not giving due reparations to many persons against publike Theeves and Extortioners Now the Parliament made no great haste and the King was urgent for money which they taking advantage of and of his former not only declining and breaking up or dissolving Parliaments but his neglecting his own Laws that is those to which he had assented they upon the ground laid in his third year insist to have an Act for setling this Parliament till dissolved or prorogued by themselves notwithstanding an act for calling a Parliament every three years thinking no knot too sure to hold what they still found loose which effected with some other things they then fall to work with the Earle of Strafford that had power enough to have done all he intended in an ordinary course of providence had not vain confidence that he could do it when he would as the Almighty determined befooled him he surprized who was the Master-dear the herd flye and though accused by the Kings great Councel yet his Majesty having affections personal notwithstanding the supream publick trust in ordinary gives them his pass and by the means of his Admiral they were set safe a forreign shore and now himself labours to his utmost the safety and preservation of that man who had ruled in Ireland to his utmost in that absolute way he intended his Master here should as the Cardinal Richelieu had done in his France the great pleas on his side were what he had done was for his Master the King by his special command for which he had his warrant and for all Moneys his discharge and if a further offence were it was against no existent Law if Treason c. not within the Law of 25. of Edward the third which was made with much advisement to preserve the Liberty of the Subject and consequently his life by a certain knowledge of his dutie To which it was answered that his trust was to the Commonwealth to the King in his Politique not in his natural capacity and his personal receit warrant or allowance was not sufficient but they had power yea in case he had had a legal allowance or discharge in ordinary yet for the Commonwealths sake which includes both king and people to call him to an account And to the last part that it was against no Law existent They said the Parliament was by the Stat. Judge of Treason de futuro and to orethrow the Laws and government was more then to destroy a person to ruine a kingdom then kill a king and therefore I must agree by importunity forced the King to assent to his death which effected and not dared to be recalled all plots and policies left are used to break up the Parliament by the King yea an attempt made upon some Members to sacrifice to the Ghost of Strafford but all failing and yet manifested the Parliament think fit to have a guard the King practices the Army the Parliament Vote no less then 400000. l. And with that disband the Army the King thus lost every way and the Army in Ireland utterly lost by the grand Rebellion there taking many of them part with the Irish if not most and this still giving harsher resentments to the people whose Liberty was now grown great and the Parliament loth to hinder them while they served their turns many not only sleights but affronts were put on the Kings servants reflecting upon himself The Bishops now shew their sure Rock was he and they wholly cleave to him the Lords many joyn with him many against him and many appear not the Kings Agents whose designs had been nipt here being now in Denmark Holland France c. moved for assistance against the Parliament of England as the Irish Rebels do there they seek the same things and under the same pretexts so that the King is said and not without some ground to be the chief Actor in all so loth he was to call the Irish Rebels This causes the Parliament to talk of raising Armes not only to defend themselves against the King and those with whom he came to the Parliament House and kept still about him being generally a crew of Jovialists debaucht persons But to offend such publike forreign Enemies as under the Kings Name should be brought from other Nations or raised here to which there was such an unanimous loan of all sorts especially the Religious who found a change indeed in their condition That they from that took the hint of the strong affections of the people towards them and upon that Vote the extirpation of Episcopacy the which the King so long contending for and so eagerly ruined himself with them How far this is to be read out of the Revelation I shall not quaere but say it was long foretold out of that prophesy and now fell out they gave themselves now to treat of Reformation of the Church but this rooting up Episcopacy took many from them they had voted and acted against pluralities as to settle the Church and gave the Judges a setled and sufficient salary pretending to take away all other Fees from them but proceeded not The King fled from London the Convocation they follow his shaddow the Parliament call themselves a certain number of men called Ministers from all parts and nominate them the Assembly these sit as the Clergy of England the King after many Traverses having gotten together an Army comes to Oxford whether
therein still and these successes against him whom God would cast down engaged them the more speedily to effect their intentions and enact a disbanding of the Army lest the Army should disband them This hastens the Armies march to London I am consident altogether unresolved what to do the work which God now called them to was higher then ever and the presages were the ruine either of London the Army or both certainly there were many who would have put it to the Tryal but the Citizens wisely considering that the multitude of discontented persons poor and necessitous were as great if not greater dangers within then the Army without and that lose they what they could by compliance they must lose more by opposition they admit the General The Parliament is now shattered many of the Members being taken and imprisoned are declared as guilty of the bringing in the Scots and might as well if not better of the several mutinies in England on the Land and defection of the Ships at Sea London is now Garrisoned the Arrears which were great there intending by want of pay if possible to dishearten the Souldier are strictly ordered and the Seat of the beast there that is Pauls Church the Cathedral made a Court of Guard and such Members as would avow the proceedings with the King excluded the House Ireland all this while was to the Parliament almost as it hath been with me a thing not regarded but now there are thoughts of that and the Army setled under a certain number with a settlement of pay respectively and order taken for the settling the Navy and Generals sent forth there is great thoughts of the necessity of doing Justice mens minds had run no higher generally then happily to bring a Lord or two to the block but lo God raiseth mens spirits to that height and brings them to it by degrees that they bring even the King himself to the Barr of Justice O that every heart may tremble at the work of the Lord he hath here manifested his power let all Princes tremble Charls of England the best of Kings I may admit but the worst of all other men for none hath such obligations is the example No Nation had the like mercies with England the hand of heaven had planted and watered us we were grown rich our eyes stared with fat and our bodies sweat under the pride of apparel but our Religion was formal and all our improvement of outward mercies were to licentiousness the poor were naked idle and unprovided for the Law held forth righteousness but the Judges and Ministers made it crooked or broken the rich men only were imployed the honour of Magistracy was rich clothes and a full Table but they were too good to take pains Now O all you Magistrates see God hath plucked him out who was prayed for as the light of your life and the breath of your nosthrils the fountain of your so called Honours your Idoll and hath broken off not only the palms of his hands and his feet but by the Sword of the Lord hath cut off his head as an offender against the Laws which he was entrusted to be the chief Keeper of I write it when I still see with grief men great in riches able in parts think scorn to be left out of Offices and places of trust as neglected but put them in and if they have nothing else to do they think that a work below them I avow it just if God should turn them out of all and set the Plough-man to be their Lord but I see yet no Justice for man to do it yet that they should be punished is most just but of this more seasonably afterwards men that will may see God in this and admire I know many pious Christians enemies to this Act who yet adhered to the Parliament in all the Wars and contributions thereto against the King yea in the offensive one but their stick is the Covenant I would have such rest content 〈◊〉 their own innocency in the fact they might have opposed if then they resisted not let them now be silent seeing the Lord is high in judgement That party of Parliament who transacted the affairs of State now still keeping the name of the Parliament though assisted with or guarded by the Army and in that saving to us our due Rights and Liberties of equal Law and property After this fatall Sentence proceeds to the sentencing of others both of high and low estate and enact the alteration of the State of the Nation from a Monarchy the Government being grown wholly confused the due regulation of the Prince the priviledges of Parliament and the liberty of the Subject being rather not to be distinguished then destinguished rather treated on in the Schools then by themselves and our Laws though the ignorance of them excused no man by the Judges or Senate then by the many concerned whether Executioners as Justices of the Peace inferior Judges Constables c. or the poor multitude yea all our Cities and Boroughs lost in their Franchises and Towns lawless in all kinds so that there was a kinde of legall levelling or theevery grown common Was it not high time for the Parliament of England to step up God raised up some spirits and but a few they attempted high matters feared not the frown of a King nor the combinations of all neighbour Princes which was threatned but resolved to establish the work God set them about And I let them to know God hath plained the way unto them there is no opposition but Self they have been Gods instruments for great works and must be yet for greater success doth not always demonstrate the truth God may suffer them in many errors for one good sake What he intends I determine not but may conjecture that themselves saw God Almighty intended an alteration of that frame of Government which was in this Nation What to settle is their work and how to oppose this settlement was now the endeavour some things I fear in the many Counterbuffs which God had given were taken to oppose which were never so intended though they might be tendered inopportunely and under the time of the grand design of Petitioning As namely some Petitions which though not burned by the hands of the Hangman as that was presented to the ungarbled House yet it was for some things it may be justly distasted in the whole disowned and called or rather miscalled as seditious by some interessed persons to render the whole odious Rainsborough is slain and no due enquiry into his death or Sir H. Cholmleys supposed compliance with the Pomfreteers This in an unsetled State where though faith was highly known and pretended to on both sides little was acted by the parties controverting but as men adopted enemies to new attempts and that from grounds given forth plausible enough for the Engagements at New-Market and Triploe-Heath c. were made the outside of the design The matter proposed
interests for they were corrupt Oh you that are in power build not with such hay and stubble still for surely your work is like to pass the fire But assuredly a Kingdom Hereditary is far before any other Kingly Government where the Nation is small bounds large and spirits content for Peace is most durable in that Government And that will give Riches and the people shall have ease and plenty and grow numerous for emulation the mother of discord is restrained at least But then the land will be too scant and that Nation must fall upon others or break within her self or transmit Colonies Now Democracie must be in War abroad or else she breeds Feavers in her own bowels Yet Aristocracie and Oligarchy seems worse as partaking in more selfish interests but assuredly in all they are best or worst as the men Ruling are 6. Whether the acquests of Kings belong to the State in Case of alteration of Government SEeing now alterations are incident to States it may be justly Quaeried whether what is gotten by the Prowess of a King or Marriages come to the Supreme power Governing or return back in such Alterations or the Heir Naturall to enjoy them The answer is easie for all these things rest in the King as King as they were acquired whether in an absolute or limited State they go to his Successor Politick not Natural not in the ordinary course of inheritance but according to the Transition of the Crown how great Jumps soever it take and this person dies not so that it is evident the supreme power hath all the acquests and rights whether Warlike or Civil as by Marriage Permutations Emptions of State or Mortgages Real as Cautionary Towns So that this Change of Government hath not divested England of any Title to ought due to any former Kings as Kings of England whether in Ireland France Castile Cicily Cyprus Hierusalem united Provinces or else where And should Kings come in again sure they would not hold the intervening settlement of a Reipublick a Bar and the Reason is evident for they have the Supreme power and are as Capable to give Protection and enforce Obedience each as other in consideration of Reason so there is no inconsistencie in the thing 7. Whether better to be Governed by Laws or without HAving seen the Governors let us see how they are to Govern I take it that the same reasons against Arbitrary Government in a King will serve for a State for grant a Choyce of the most excellent men in knowledge and Justice Yet can we say they shall be alwaies such or those that succeed them therefore no doubt it is better to be Governed by good Laws then good men taking care that those Laws be executed under severe punishments 8. Whether better to have general or particular Laws I Now must come to the hard task of all Polititians That is to set the Medium of power in Magistrates wherein it is plain that to tye a Magistrate in any Government supreme or inferior yet administring Justice to the very strict letter of the Law is to have all the safety of the Commonwealth shipt in a Vessel without sails or oars slip but the letter and no Magistrate can meddle Therefore generals must be the way but limited they must be or else your venture is as much on the other side for to give him no bound or too much is to put him into a vessel overladen and the sail too full which upon every gust is ready to sink or be o're turned or run under water Now to pass this Scylla and Charybdis is the hard work in the first settlement That the supreme Magistrate hath his due boundary and after for him so to dispence to inferior Magistrates that the equal Temperament in every part may assure the safety of the whole England before the late fatal infusions into King Charls his head of the absolute power due to Princes Jure Divino whereby they were rendred accountable only to God boasted against all other Nations of the happiness of all these Governments in a sweet and admirable admixture of power for they had the freedom of a Commonwealth the opulency of Aristocracie the glory of a King Yet he so bounded by the Laws and so watched by the Emulators of his glory the Nobles and by the Conservators of our Liberties the Commons that it was hard for him to break Yet break he did and that so suddenly that it was evident the settlement we gloried in was but as we say A last gasp to the decaying state of the Bastard William so called the Conqueror And now is the time for them to whom God gives the Honor of a Settlement so to mould and temper Government that it may be most durable which is the glory of a State Now to do this aright after the Assurance that nothing be done how politick or advantageous soever it seems contrary to the light of Christian Doctrine I come to the difficulty abovesaid that is What Power is to be committed to the Magistrate whether Supreme or Inferior respectively To which I answer generally That the Magistrate whoever he be that is intrusted ought to have more power then it s commonly requisite he should improve that thereby by acts of Grace he may endear or suppress as occasion shall offer The Supreme thereby obliging all parties as well inferior Magistrates as other Subjects the inferior Magistrate to engage the equals in all but Magistracie and all the vulgar and that without punishment from above or scorn below For it is evident there are ever ambitious or insolent Spirits who if the Magistrate be tyed too streight will draw him to the end of his line and then dare him I wish from my soul Magistrates were all wise and just fearing God and hating Covetize but in the choyce of these men for interests it will not be so therefore I meddle not to prescribe rules as some do for a man who prefers private interests but him that onely and principally fixes himself and his endeavors upon the advance of Publick and Common good therefore to them I address my self with this Caution That the great ruining danger is in times of Commotion to be over strict beyond late presidents and Examples for that blows the coals of Sedition yea sparks to a great flame especially if publick ruins build private fortunes so called or partake with any selfish interest They therefore that are in Supream trusts and would settle or continue their Governments quiet must themselves in their places and whom they impower respectively with not onely faithfulness and diligence but also wisdom and discreet activity moderate that power which may be lawful much more that which is exorbitant or but to be used against persons exorbitant that is violent Rebellious and that in acts disturbers of the Peace for against such to spare one guilty is to venture the destruction of a thousand of innocents In evident just things
otherwise He that will rule let him be servant be not like the Princes of the world but yet this as most cohering with naturall reason and the custome of Princes and that the decree might be fulfilled was accepted by the Princes of the earth and now the Crozier and the Crown went together in England for the Princes were generally zealous of the Law after once admitted it may be politickly but I judge not although that from the power of the Romanes here so long ruling there was a foundation laid of good and just Laws and holding much consonancy with the Judicials of Moses yet the many barbarous and irrational customes and usages especially those that were unchristian were by the Kings with the consent of their people abolished and extinguished and there was one generall Law received which was That nothing was to be done taken or holden for Law which was contrary to the Law of Almighty God meaning the Law of Moses which they took to be the speciall Rule of Morall Wisdom and if once sanctiated by the Bishop undenyable if not infallible and though it is like as in all other Ages and places the alterations of old and long received Laws and introduction of new was difficult and dangerous yet this Age being a warring Age and Souldiers little book learned and yet the Princes of the earth the vulgar people were far less so that the many followed the mighty and obedience was more pure then then now though more easie to be corrupted so that the Kings beleeved the Bishops the Lords the King and the people the Lords and thus it was that whole Nations even on a sudden became professors of Christ I say not Christians and though the Monks of Bangor would not seeing the pride of Augustine submit to him yet the King converted power effected what prayer would not but this bred a worse stir after for these Monks still living in their simplicity and preaching faithfully requiring nothing but being contented with what the people gave were more pleasing to the people then they who were not only imperious and proud but covetous also so called in requiring and enforcing Tythes according to the Mosaical Law and this was tryal enough for generally men love to be of that Religion that costs them least Parishes were not yet known they had not in these dayes nor many hundred years after such clear light in Christs Discipline as to finde that civil prudential thing in the book of Religion but men gave who would give their Tythes to the Ministry these in each County or Diocess or Precinct notwithstanding all learned oppositions of the so called Clergy were treasured in common the Bishop if any were as the High Priest or Priest had his portion or Tythes out of the whole and the Pope was to have his Tyth afterward called Annate or yearly Offering from him besides first fruits paid originally by every Minister or Monk for they then generally were the Ministers though not only to the Bishop upon his introduction and the Bishop to the Pope all pretending sâ—…ill after the pattern of the Jewish Church So also was it in their Courts by way of gradation admitting appeals and that at last to the Pope himself which though upon the first ground each Prince ought to have allowed yet some Princes finding the evils in time by alienating the hearts of their Subjects from them subjugating purse and person to a stranger for so high these Popes at last went other Princes spying the rents in other mens Dominions avoided it in their own so that they either never allowed or sought to avoid if before admitted such appeals upon this nevertheless at length sprung up controversies not only between the Pope and other Princes but also between the Princes of the Earth in the respective Nations of the world and the Bishops both also using the same arguments of duty and allegiance the Pope by reason of being the Vicar of Christ the King the same the difference was the one was in Spirituals the other in Temporals this hath made the Bishops not only combine against their Soveraign for the Popes Cause but even the people for some pretending conscience have served the Popes and Bishops lusts against their Soveraign and many times either for necessity or necessitated by superstition against their own as well as the Kings Interest And thus by degrees what the Spirituality as they termed themselves had obtained in other places is granted in England and the marvaile was not so much at what was granted but that no more was when even the Crown it self was holden in homage at last of the Popes Holiness so called And now were the people all fitted to receive even what should be imposed upon them I cannot but observe again that these Ages were very ignorant so that the Church-men for want of others were without scruple commonly if not generally admitted the Seats of Judicature in the ordinary Law Courts of the Kingdome and were the prime men of the Kings Councel so that there was nought to hinder but only the pride and power of some warlike Noblemen who in emulation still opposed the Bishops and as the Age grew more knowing began to stickle against them But now the pride of Rome come as it were to the highest pitch even as all other things have their rises stops and declinings even so had this but that it might not fall alone nor want strong supporters against the pride of Princes which Rome thought would be ready to push at her she drives on a fury in spurring the people to depose their Princes upon her Excommunications the dire effect of which all Christian Nations so called felt more or less though more especially Germany so this our England and truly the people might well be apt enough to it for that most Princes had as their Rights of Prerogative taken from all but their Souldiers whose swords upheld them in their Majesties and so they upheld them in their acquests be they good or bad and from the Priesthood then generally so called whose superstitions should work an awe upon their spirits all that could be called an immunity much more the Rights of a free people and that people should be slaves to their Prince is not found in Reasons Lesson and that any prime Nation in Europe was the Conquest of any of their Kings I read not true it is Castile conquer'd all the rest in Spain so the French were reduced into one so others and so our England the conquer'd yet in length of time enjoying almost like grace with their fellow Subjects but with us in Wales we were made one This caused oft and dangerous tumults wherein still a Priest bare his part but things of long date being incertain we shall now come to look at the last great mutation in this our England and carry along the business of the Commonwealth from the time of William the first sirnamed the Conqueror as principally eying
that he found not absolutely buxome that is without any scruple to yeild compliance to his absolute will he by his power removed and displaced to this end after one contest with one he changed the stile of the Pattent this raised an odium and at least he must bear the blame for by whose insinuations or abuses so ever it was done Yet while no man can force a resolved man who can force a King and the last and great Act being his the whole was adjudged to him yet not alone An other Act of great judgement to his end was the constant use of proclamations declarative not only of the Law but his pleasure in other lands called Edicts or Acts of the King alone or his saying or will resolved into Law these were at first put out upon things benificial for the Subject and were as it were a temporary Law of exigency or provision by the King for what the Law was either being antiquated and now revived or els that for which there was no Law in the case yet necessary to be provided for and so was a time of Tryal or an Act of probation against the next Parliament And these powers were never denyed Kings formerly or but seldome being but seldome used and generally upon good grounds so that no disobedience followed but at last his proclamations were divers of them though carrying a colour of Law slighted But he being of a very quiet spirit could not enter a contest but sought to work his end an other way and that was to call Parliaments And to create new Honors and so over-vote and consequently over-power the Parliament debasing Spirits by dependance and this having a strong influence upon the Gentry dulled now with long peace a natural politique of this Prince and not the least conducing to his end if he could or would have known when to have taken up the sword as he supposed they would for they were generally so besotted of these Court bables of honor that upon his or a great mans letter who their Lordships pleased was made a Parliament man and the House of Lords and Commons the Bar or Clyff against the Torrent of Tyranny was become an inlet to that Ocean but there was one great jealosie still which was a bar and this was the Kings excessive prodigality to his own Nation who were as greedy to aske as he to give so that the English grew a little I may say a great deale discontented especially the understanding sort But more upon the judgement so called given concerning the naturalization of a Scot ipso facto by the Union of the Crowns in one person as if all the rights priviledges and immunities of the free-born people of England were become hereditary to the Scottish Nation by one born in Scotland being next of blood and so inheriting the Crown of England And though great and wise men had their hands in this work and saw no evill in it yet they that were as wise though not so great and more uninterested and so less questionable were otherways minded supposing that this extraordinary favour to that Nation the seconding and approving of it by so many wise men and supposed affectionate patriots zealous of the liberty of the English Nation though it seemed to them as but a wise and civill policy and Act of munificence not much to be supected of danger carried hay in the Horn namely by this and such like plots fitted them to introduce and continue quietly what they all thought fit of necessity to be done the order of episcopacy in that Church and with that the whole liturgie of the Church of England with all those rites and ceremonies thought requisite as in the Church of England which the King upon petition of some Ministers at his first coming to the Crown was fully resolved in I mean in the conference at Hampton Court and the consequence of it By which he was resolved not to alter what the late Queen Elizabeth had established But these men believed that as this was indeed aimed at and this aime publikely allowed so that there was an other intention which lay hid and undiscovered and that was to force Scotland in case of opposition by English Armes and to provoke each other to these several works by a short kind of policy the Scot was engaged so as he must yeild what was his chiefest glory And if he yeilded not the English thus disrellished would be quick to the quarrel This I say not to be the Kings aime No I believe he might see no more then the plain surface matter and never be able to discover either this intended by some or that other politique which I now relate intended by others who yet drove on the same design but as supposing that it was a certain way to involve the two Nations in a War which their conditions required but his resolution was to keep all quiet and truly knowing of the Scotch temper he urged but inforced not commanded but compelled not and though he better approved Englands Hierarchical order he would not utterly reject the rigidity of the Scotch Presbytery though he had found some cross dealings at their hands which in England would have been called the scandal of the Crown and were not altogether savouring of a Christian modesty and humility were it but for the Kirk to command a Fast on that day the King had appointed a solemn Feast of State and that after the Feast was publikely known and divulged I mention but a peccadillo and that under a supposition because I would not apply that to things which may be was and will be only the errour of persons during the reign of these two princes Elizabeth and James notwithstanding the many complaints of the excess and defects of the Laws in their several respects yet nothing was done truly worthy the supream powers by them claimed there were some particular streams or rivulets of errour amended or at least pretended by particular Statutes both in giving Laws where none were and amending what was amiss but out alas the Ocean whence all these had their rise was still the same Three special Statutes I must here remember of James one to punish with death him or her that had two wives or two husbands but not made death to commit Adultery yet as I have heard canvassed at the same Parliament this Statute severely executed The second as rigidly which was concerning them that were or are delivered of Bastards pretended dead born and having no witness present to be taken as murderers The last was the regulating of the number of Attornies for good cause there specified which never was so much as in the least observed nor a Judge ever questioned for it yet this as to the world and in carnall respects of as necessary concernment as the other I shall not progress further here concerning ought being now come to the portall of the Theater of all Quaeries in the multitude of questions
of God that Christ had not destroyed this Law he came to fulfill it And lastly they enforced this from the rule of reason If man had no boundary to his Reason no rule to make his Law by reason would be infinite which error had been the foundation of so many dreadful alterations as States had suffered under in such clymaterick revolutions as now this Nation laboured under and therefore they desired the drawing of Englands Laws to their primitive rule namely the Judicials This was objected against by others who yet desired a rule of righteousness alledging that if this were the Rule then it must be all so or but part not all for the Ceremonial Law being the shadow fled away at the coming of Christ in the body and that the Church of Rome had done evil yea that it was the foundation and root of their so dangerous Apostacy to carry the shadow along with the body for from thence had come their high power of the Pope their sacring of Churches as well as persons their Altars Trinckets c. their Jubiles Pardons Indulgences c. Canonical hours holy Vestments and all the rest of their trash and that one admitted all would follow and as the entertaining the amusive or formal part of worship into religious services had under the supremacy of the Ecclesiastick power defiled Church and Commonwealth taking away all sence of inward serious conscionable moral duty as well as religious and resting only in the exterior form either the pomp of the action or the act it self So now in the reformation of the Ecclesiastick power by the Magisterial Civil power the Commonwealth would at last lay the foundation of a new defilement to the Church and that this might be was too too evident by the precedent example So that we should but change the Tables and keep the false Dice still which would never better our game and therefore they said that unless there could be shewed exactly which part of the Judicials by an infallible word and that as given by Moses that is not as confirmed by Christ or his Apostles was the rule of Christian duty they would take none at all as so given for if man were Judge of a part of that Law how agreeable to the Nation whereof he or they were rulers then of all and if so then as good take pure reason not contrary to the Law of Christ and his Apostles but founded rather upon his Doctrine in the general rule though the particular application might vary in respect of circumstances so not rejecting the judicials but not taking them as obligatory as given to the Jew the people of God or typing out all Christian Nations or an Ensign of the faith but as a wise Law yea the wisest as being the dictates of the prime wisdom the same God that the Christians worshipped they not only admitted but desired such as were consonant to Christian reason to be established amongst us There were some particular contentions as first for Tythes secondly Appeals next the Sabboth then Theft not to be death then Adultery and Blasphemy to be death and these were things of principal Interest indeed But the Interest in part which discredited the whole was so visible as I cannot allow it though I may them who sought the thing as afflicted in spirit seeing the want of conscience in multitudes thinking ill of all called Ministers for some evil mens sakes open prophanation of the Sabboth by those professed a Sabboth and by the last Act restrained in part and left in other part as loose as before petty Theft death yet in the same State common and manifest Adultery go without any punishment or question all for want of a rule for we hear of long debates about it and Swearing and Blasphemy almost as ordinary as speaking yet proof made difficult and punishment easie but no conscience of reforming for few thought it a sin for the great men and the wise men were most guilty and gloried in it so that it was evident that as some sought the re-establishment of the old frame of Government and that both in Church so called and State according to the old pattern of the Erroneous Church or Apostacy of Rome founding upon the equity and useful allusion so called of the Mosaical Judicials and Ceremonials some nothing but confusion so others desired one wholly new avoiding all the errors which corrupt interests had introduced and that not only because the way of Error was before tracked and therefore easie to be trodden anew but as being builded upon a false foundation as well as by time and error corrupted and perverted Some of these though holding the truth were by a part of themselvs supposed to be in an error while presuming upon the wonderful mercies the Lord had bestowed upon them they were over-rash in their desires of a change for the evident symptomes of unavoidable ruine say they threaten us the multitude of interests are so divers and contrary how few are there to manage such a work not one to ten if one to an hundred this were to tempt God To expect miracles in a day when miracles cease God bade the Jew not destroy all their enemies at once lest the beasts should prevail against them it may hold forth the simplicity of the Dove but not the subtilty of the Serpent which is requisite in this case for you see say they what a contest hath been with the single interest of the Clergy and the scattered fry of their corrupt Courts but if you engage against all the remainders of them with the numerous off-spring of all Courts as of Judges Serjeants Counsellors Sollicitors Attorneys Protho-notaries Secondaries Clerks of the Crown Clerks of Assise Clerks of the Exigents Clerks of the Papers Clerks of the Warrants Clerks of the Essoyne Clerks of the Juries Clearks of the Pipe Clerke of the Kings silver Clerks of the Seal Clerk of the Peace Custos brevium Chyrographers Fillizer Marshals Cryers Waiters Chancellors Remembrancers Six Clerks Registers Comptrollers of the Seal Examiners Clerk of the Hamper Clerk of the petty Bag Cursiters Serjeants of the Mace Ushers of the Court Clerks in nature of ordinary Attorneys with many more and all these having their adherents for which of these but come in under some corrupt interest or other But generally the chief in Offices at least of profit as Judges Serjeants Councellors Advocates Doctors Proctors Attorneys Six Clerks Clerks of Assize c. are all the younger Brethren or sons of Lords or of their Families however of the greatest Gent. and of the Parliament men themselves and setled by the Bastard so called the Conquerour upon a politick Maxime That the Land in England being appointed for the safeguard of the Kingdom might not be brackled away therefore as all the Land went to the eldest these were the wayes of educating and maintaining the younger make them Lawyers and make the Laws dubious Offices plentiful and there would be as
experience hath proved it sufficiently a plentiful portion then settle Tythes encrease Gleabs build Monasteries c. and there is another portion Colledges and Halls I will reckon to them then Physicians and Merchants so that if you seek due Reformation you will make each one your enemie and the whole world will be against you and nothing but confusion can be ushered in by the pretended Reformation you will have Parliament City Countrey Lords Gentry Comminalty and all against you nay if you will purge throughly you must alter the whole course of all commerce For there is no Traffique according to a rule of Righteousness Let Errors as they came by degrees so by degrees be reduced pull out a crazie stone but put in a good one the contrary party objected that this was to dawb with untempered Morter not to serve God but themselves that it was to pretend to do good and do evil that this was the Error of the King and the two first Parliaments that they had upheld following providence to mount into the Carr of Government that they had dared enough then against all interests Kingly Parliamentary Countrey and City by their executing Charls and imprisoning the members Garrisoning the City Quartering in the Counties Thus were matters bandied and some parties grew so fierce as anger is alwayes a short madness that they did they knew not what which yet testified that their anger was selfish others more wisely wrote but unwisely in that they remembred not they stirred a Lyon they depended so much upon their first engagement to the Parliament that they thought they might have said any thing Let truth bear sway she alwayes carrieth a Majesty and will prevail but many tell truth some with upbraidings and revilings some with cursings and others almost all with bitterness truth is ashamed by these frailties and suffers for a weak servants sake But these men concealed their names and though some wise men did so yet their writings were such as could not justly be traduced for scandall or sedition and these men neither owned their names when their books were most acceptable nor in times most dark and dangerous but some of these others owned them sometimes otherwhile they denyed them whereby they were suspected of no great integrity others did openly own their works in times of great danger under the King and also under the Parliament yea even when they opposed them in their highest priviledges some debating one thing some another yea some against the publike transactions of the State and some for a general liberty of all opinions and printing and publishing which to be setled with safety to the State and no prejudice to the light of truth is a matter difficult but of importance not to be neglected they also urged to the men in power the hand of God upon the Nation how introduced that the same or worse evils were now upon us our Courts of all sorts having changed rather their Judges then their justice that Committees were worse rather then ordinary Courts as being made of those persons who were the supream Judges and they erring all the inferiour wheels might well move out of order And proceedings in Parliament were the same so difficult dilatory and so expensive that men were even tired in body as in spirit they did acknowledge the greatness and difficulty of the work they considered interests and yet they thought there was not that expedition or integrity requisite to so high trusts in such a season of judgement And this was evidenced by the expedition in matters of interest private so called that is to the assurance of the acquired Supremacy and raising the due assessments but not in the general settlement as was propounded this draws some men to that piece so called the Agreement of the people a thing which were the people capable of such a work might if rightly stated be of great availe but indeed to put into the hands of so vast a multitude of such divers interests and that without an assured and competent number to carry on the work which in probability they neither had nor could have had without imploying the Sword-men which in it self had totally ruined the nature of an Agreement had unravelled all the work and set us as far back as at the beginning but that the propounders of it were turned recreant to their principles some particular man might or had joyned interest with the Royall party I cannot beleeve it But I suppose really they were by that party and some others of eager spirits it may be really longing and breathing after Righteousness and setling the Kingdom of Jesus Christ I fear yet in their own strength encouraged to go on in their design which some of them politickly saw tended to divide and that was to let them raign but surely these Royal instigators were men of lost condition for what could the issue have been but renewing a more deadly and confused warr for the multitude being by this Act publikely appealed to and that by the sole existent power Civill they must have assumed the absolute supremacy into the meer vulgar Ocean and sooner can you set bounds to the Ocean then their appetites This foreseen this piece was after long debate with much wisdom for the present cast into the number of Petitions Remonstrances c. of Parliament to be by their mature advisements qualified fit for propagating common interest in due time but this obstruction imbittered the more and made some spirits under concealed or not owned names to set abroach the failings errors and miscarriages of all the Members in Parliament or else scandalize them and pinching still the ablest and activest they hoped to foyl so that some soyle should remain though most would not gain credit Far be it from me pretending integrity to assert what I know not but I must hope the Charges against some men if not the most are meerly suggestions of envy to eminent vertue for I see great things done by them and their words are sweet as honey Truth is I am not so blind neither but I can see and hear that favour and friendship is the Mistress with the State as it was at Court and oppression and covetize is not banished Englands Commonweale but I must say that retorted is as true namely that it is incident to men neglected to complain and so to men oppressed I would allow an equall and speedy tryall according to my rule even to my deadliest manly enemy the want of this hath much exasperated many and gained none cordially Now in all this enarration you say what coherence is there 'twixt Christ and his Doctrine his professors and their conversation had we not better have sate still How many thousands nay ten thousands hath this Warr cost as in the Kingdomes account is evident But I cannot agree the Doctrine it was necessary to purge it is evident there was need and great need of Reformation let not the particular errors
yet no way punished Gods Sabboth contemned god-Mammon that mental Adultery of Idolatry is most of their sin common to them with their other brethren in the flesh by what names soever called or known And for the duty towards Neighbour there is nothing but envying and malice furfetting gluttony or drunkenness the Nurses to Adultery and Lasciviousness with pride in apparel and abundance of idleness which increasing poor increases and by them necessity and that brings Theft or Covetize or both and sure among such to swear in truth will not at all be regarded it will be thought cruelty not to tell an Officious so called lye to save thy brothers life which now makes it nothing to have lyes sworn this brings scandals upon seats of Iustice for these things known and not remedied if possible will asperse But some say some Judges make no conscience of such acts they exemplifie not only in Ship-Money but in ordinary Tryals while they deny justice by delaying and admitting the continuance of delayes in justice and sometimes go against their own knowledge in the Law as in the case of admitting such to read as they know cannot and more evidently such as are not capable by Law as those branded before not once but seven times whereby the Rogue is as preserved so encouraged and this because due notice is not taken of persons branded in the Calender nor Records penally presented in Court to which though ignorant persons answer they will not come there again but act their Villainies in another County wise men will not who know the Law admits no going out for it will prove wandring in such of necessity but with Certificate but the true reason though it cannot wholly excuse is the best namely they think the Law too hard and would rather have constant work-houses but there is two evils in this so just so righteous a proposal to change this Law for if either work-houses or due course of certificates were setled the Commonweale would be quickly rid of such vermin But then the first evil appears namely Clerks Fees would cease The next evil is the matter of charge in building repairing and maintaining the houses and Officers c. for a work-house in this age where building back and belly cat up all will hardly be maintained much less raised but to be well provided with stock and Overseers rather venture all There is complaint against our now Iudges taking Fees if so they do having yet 1000. l. per annum that Fees might be discharged But these Complainers have one word more to the Law that is they say the great Charter of Normandy they own rather to be the old Norman Laws before William the Bastard then the Law of England though he might well labour to introduce the whole plot Truth it will serve to discover the Reasons of our bondage and that 's all which while Copyholds are not discarded together with Crown Tenure we are not freed of For Fleta and Bracton they say they are the meer heads of Justinians Institutes a little corrected according to the guise of Englands Principles of liberty above the Ancient Roman or State of Greece in the height of the Empire Yet for that exploded by the Kings Iudges For Horn Britton Glanvil they are reputed more English but may be as well Scottish Sweadish or Danish especially Glanvil who if compared with R. Mai. Scot the old Tenures Customes Services Writs c. are the same word for word the other were they who drew the Traditions of our fathers into form by insensible degrees raising debased Engl. to a glimmering of Native liberty in the use of a body of law for it is plain Englands Law unwritten could not be well known by the vulgar Fortescue taking the advantage of the contest betwixt York and Lancaster declares more freedome happily then consists with reason in the letter Now all these books were altogether exploded Fleta and Horn not permitted to be printed but hung up by the licence liberty and all that was the common reading of the Lawyer was the resolutions of the Iudges in the so called Year-Books which have no date beyond Edward the Third there being then a stipend given to certain men constantly sitting in Court to report the reasons of the Iudges so that let them answer at their perill for now their reasons were permanent and brought to strict judgement Yet they still had their evasions in cases of great interest either for one Kings Title or other for Prerogative or Priviledge as particular respects engaged and providence favoured as was evident in the case of R. 2. and his Iudges which lay asleep from him till our late Charls revived it and suffered publickly for it as Richard did privately far the more manly and exemplary way of the two and rational it is for if it be lawful for man to give Law he may and ought to enforce and no way can be more consentaneous to order then that of the body Representative which is not in this case denyed either by the Regular Presbyterian or violent so called Interdependent only they deny this a Parliament as before is said These Reporters wrot till Henry the Seventh there are some fragments of Henry the eight Edward the Sixth and Q. Mary and Elizabeth taken by Students then and since which are called by the names of the Authors as Kelway Petty Brook Dyer Plowden c. with some particular assertions of others but none durst write freely Lord Cook put out several Books of Reports all which being principally matters of Title or betwixt party and party swam down stream Now in most of these were matters altered at pleasure for out of these books it is easie to argue black white and white black Reason was cut into such fine shreads of wit and form which is as vain that judgement was puzled to find something where there was so much of nothing and if any thing were it was so disjoynted a piece in 1o. Ed. 3. debated further 18o. further Process in 23o. and finished 31o. Jan. 24o. ultimo Regis Caroli Rex ultimus Brittannorum A subtile Oracle true and not true let matters pass as they will so that in such a confused study who could learn ought though helped with Fitz-Herberts yea and Brooks Abridgement for the old Books and the late Indexes the least too big for any book of Law for a Nation where each is to be supposed knowing of it and no man excused by his ignorance Now for the Crown Law of which we had no compleat Tract but Stamford the Lord Cook treating of that particular and tacitly in his both Jurisdictions of Courts and Expositions of Statutes holding forth not only the bare letter but a rational disquisition of the Texts they also were estopped and well is it say some if they have not met with a concealed Dominicane Expurgator or Jesuitical Emendator there being such hard hold on all sides for them and against them since published
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
the mighty works of God hitherto and if you will not perceive it by whom it is desired the merciful hand of God to you in correcting of others he can soon lay the rod upon your shoulders also and think not that because God gave you long since to see this change and then to seek him and his glory and that he hath if he hath made you instrumental to him in this his work or thereby or hath given you places of honour or great profit at present that therefore you are in the right and under his protection No then you must break every yoak and pluck down every Idol and labour to bow all interests and powers to be subject to the sole Regiment of the Lord in truth and righteousness and in so doing the grace of our Lord God will be with you and guide you by his grace to glory O Lord let the prayers of thy servants for this be heard of thee and make all men through thy power to improve every place talent and opportunity to the advancement of thy Truth in Righteousness There is now but one word concerning the Court of Chancery which was the Court of equity for the Subject in general as that of the so called Requests was in his proper nature for the relief of the Kings Servants upon any equitable matter arising within the verge of the Court where at least one party was to be the Kings menial Servant however the pretended necessity of some and reall of others abused it But that of the Requests gone let us hear the opinions of men concerning that of the Chancery and they say that this Court of Conscience is grown as unconscionable as any and the interest of profit to the particular Officers is as great and as destructive to publike good as of any Court if not more for suits in Chancery are as common and as obnoxious as Writs of Error They say the use of the Court is intentionally just that is that where accidents which could not be foreseen nor avoided casts the right the contrary way to what the justice of the Law intended that it should be there remedied But they say this ought first to appear at the Common Law and then the whole matter transmitted from the Judges there to the Chancery to be there decreed shortly Now the matters proper to that Court can generally be manifested by no better an example then by those for which a man is Essoinable at Common Law upon duty of appearance however that is made now a couse of practice also and Essoyns are of course for the whole Law is perverted whereas now men are tossed from Common Law to Chancery and then to Common Law again and no end of Suit and the charges so great and issue so uncertain that Free-Quarter was not more ruining then seeking right for who can prefer a Bill under three pounds and then for a Copy the Defendant he must pay eight pence a sheet and six pence thereof goes to the so called Six Clerks for taking out the Bill which are places valued at about two some say six thousand pounds a year and if he can write he sets his name to it examine it he should but it is not beleeved any one of them looks on one sheet of a thousand and if he did were it worth ob to read it if but two pence to write it Take a Copy from the Plaintif you cannot though he would so favour you you cannot put in your Answer till that due be paid After the Answer cometh an Injunction that must be moved for there is ten if not twenty thirty fourty shillings oft three pounds in eminent Cases and to eminent men that is one great in power as in Offices of Honor or highly favoured This Injunction comes to eighteen shillings why not for one shilling all of course I have seen Orders made by those honorable men now sitting tending to it but By-practizers hear they are detrimental to private profit and so the Orders are abroad to catch birds to the lure You may now sue at a better rate the Court hath reformed but come to try and you must pay as before These Six Clerks are wholly needless the Register alone can do the work but particular Judges Keepers c. must not make these orders in any Court they will be overballanced or may be for generally they have been It must be enacted into a Law That the Subject may require it as his due or complain and have not only redress but satisfaction References to the pretended Masters are worse as more dilatory but ought not to be so expensive by reason the Master ought to take but half a Crown Now I like that Master best that will clearly say I have viewed all and see the right and will report it you see my great trouble and pains you know my due is but two shillings six pence I will do you right for my recompence I leave it to you as you are a Gentleman Too little wages is a wrong and a snare to any servant much more a publick one and most to a judicial one or instrumentall thereto all ears hear complaints but I who cannot accuse will not charge though I may beleeve there is some fire where there is so much smoak I will reckon up no more of the Six Clerks tricks to the perplexity of the practizing Clerk and detriment of the Clyent this alone is enough Nor will I alledge ought more for the Court then that old Rule of the Learned which none but the Learned can understand There is no remedy in the Chancery for what there is no remedy at Common Law But now for poor people not worth ten pounds in the world quiet persons to be sued by contentious knaves how shall they bear the charge for though that the Subject Defendant is contrary to the express rule of Law admitted of course to take out a Dedimus whereby their journey to London is saved yet when they come but to take out the Bill at eight pence per sheet before they can take a Dedimus and next pay after the rate of eight pence a sheet again for writing the Bill in the Dedimus which alone is the evident great gain of the practizing Clerk half the estate of the party is gone O the intolerable oppression that is amongst Christians I fear all the Turks and Heathens in the world will not own so much I admire not if any height of wickedness be objected to a Turk his detestation of it is expressed thus Do you think me to be a Christian The sharking of the Subject by feigned recoveries and by the great ado to release womens estates at such chargeable rates only to maintain a company of idle bellies and nourish corrupt dependencies is of a like strain And though the Verdict by twelve men be accounted the chief flower or one of the chiefest in the Garland of Englands Liberties yet I must say the baseness of men
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
4 If the ordinary Judges be not meet give sufficient assistance 5 Manslaughter Bailable by a certain imposition 6 All idle persons not able to give account how they live to put in good bail or go to the Work-house or c. 7 Councel to be admitted all men but one and no more and he only to speak as to matter of Law if dissallowed and the Counsel will appeal let him put it under his Hand and then the Itenerant visiting Judges to allow or disallow and punish as they see cause Chap. 40. p 162 163. shewing 1 That debts are to be recovered 162 2 First out of the personal estate if that suffice not then out of lands 3 The abuse of this discussed 4 The way to enter a Plaint opened 5 If satisfaction be not what to be done Chap. 41. p. 164. shewing 1 Wherein the great Charter of the Subjects priviledge principally rests 2 A speedy and safe way for trial of doubts for lands propounded 3 Affidavit under Hand Seal of a Justice with another witness to make two witnesses in Law 4 Obedience must be rendred to mistaken judgements 5 The unjust complainer or detainer to be fyned Chap. 42. p. 164. shewing 1 Courts of Equity may be allllowed but 2 Not till the Equity appears to the ordinary Judge of Law and be by him transmitted to the Chancery upon his Oath 3 Let then the Decree pass within a time prefixed under a severe penalty 4 Let all Orders be read and ingrossed as made in Court and signed 5 Objections against Courts of Equity Chap. 43. p. 165. shewing 1 That experienced evils must by lawful wayes be remedied 2 The work of Equity is fit generally for a diverse Court Chap. 44. p. 165. shewing 1 Students of the Municipal Laws of any Nation worthy honor 2 It s necessary to have sufficient incitements thereto 3 These were heretofore too great and were grown destructive 4 The duty and end of Pleaders laid down 5 The fit way of their due ingagement to the Commonwealth 6 The respects due in that course to them 7 The Objections vain or of little weight to the benefit Chap. 45. p. 166. shewing 1 The use and conveniency of Practizers as Attornies 2 That many must not be admitted 3 Their Fee to be set by the Magistrate 4 They and Lawyers to be fined in case of misdemeanor Chap. 46. p. 166. 1 That its fit to administer Oath to the Debtor of the true value of his estate 2 If this will not satisfie it s more beneficial to the State and to the Creditors benefit unless to satisfie the appetite of Rereage to make the debtor a servant then a Prisoner if servitude be lawful Chap 47. p. 67. shewing 1 That the all-wise God instituted servitude therefore not simply unlawful 2 The real wisdom to a rational man of that institution 3 Boundaries must be with Christians to the Masters power if allowed 4 Reasons why debtors should either be prisoners or servants 5 Whether the wife and children are to be servants with the husband and father 6 Good government will make that few servants thus will be ingaged Chap. 48. p. 168. shewing 1 What Vsury is 2 The reason why it came to a settlement and was made a Law 3 That farming of Lands came in upon the like reason 4 The loser and ill husband only complaines of both 5 That its looseness of Government pride laziness and gluttony more then moderate use that undoes any man ordinarily So over-purchasing 6 That Vsury is not forbidden Christians 7 No difference twixt that and letting lands if any 8 Mony more advantageous 9 Both fit yet to be moderated by the Magistrate Chap. 49. p 169. shewing 1 That tortures are against the light of Nature 2 Against Christianity 3 That though evils have been dâ—…ected by it yet not being a certain rule it s not to be practised as a Law by Christians Chap. 50. p. 169. shewing 1 That all publick Offices are to be born by the publick purse 2 That the Offices and stipends ought to be made certain 3 What is the publick Revenue Chap 51. p. 170. shewing 1 That ideots and mad men must be adjudged and provided for by the Magistrate 2 Their estates ordered for the benefit of their wife and children and self 3 For this Judges in certain must be appointed and their power Chap. 52. p. 170. shewing 1 That Bond or Copyhold tenure was but a dependent upon Knights Service and the rest and they gone that should go 2 The Nature of the thing wholly ceases so should the Law 3 That the continuance is not only illegal but visibly destructive to the Common-wealth by unjust dependences 4 How to settle it legally if not oust it Chap. 53. p. 171. shewing 1 How frauds grew notorious 2 The difficulty to get Laws against them or punish them nourished and encouraged thereto 3 The best way to prevent them 4 The Legal cheat of custome contrary to Law 5 Fit to settle Disputes of Inheritance justly 6 The punishment of frauds Chap 54. p. 172. 173. shewing 1 Errors in Magistrates or Laws breed dislike of both 2 How England stands so affected to Juries 3 Justice is above Magna Charta and works no dispriviledge 4 What to be done with Christians before suit commenced 5 No suit till a Magistrate legally deputed allow the same 6 How to be entred for a Tryal 7 Within how long time after cause of complaint 8 How the Defendant is so brought to Answer 9 Tryal to be speedy 10 Jury to appeal how many to a Jury 11 How to be qualified and the reason 12 How Judges of Law and how to be punished in case of Error 13 bound to give the Court reason for going against their evidence 14 Other Qualifications requisite 173 Chap. 55. p. 173. shewing 1 That judgement ought immediatly to follow the Verdict unless just cause in Law appear 2 Execution ought to follow judgement and for both let the value be secured or deposited 3 If the person be present to sign the judgement and give caution to perform it or be imprisoned if able 4 If no Execution within twelve months after judgement Judgement to be void Chap. 56. p. 173. shewing 1 Offenders in putting in unfit Jurors to be fined 2 They also that draw Jurors Chap. 57. p. 173. shewing 1 That no man should be distreined in that whereby his Family immediatly lives 2 That due apportionment of distress for publick Service ought to be Chap. 58. p. 174. shewing What punishment is fit to be in cases of waste Chap. 59. p. 174. shewing That Commons are one of the great sores of England 2 The several sorts of Commons and why and how granted 3 The rule of Commoning is now lost 4 The evils arising thereby 5 The Remedy 6 Free Warrens and Fole courses considered 7 Now an opportune time to settle all advantageously and how Chap. 60. p. 175. shewing 1 That certain Magistrates must be
be composed if this will not do let a Magistrate allow a legal controversie Then let his Case be set down specially as it is after the nature of an Action upon the Case and let Oath be of the truth of it and that he is able to make it good by Law let the Case barely be stated no Conceits no Opinions but the naked truth which the Complainant is to make good Let this alwayes be within twelve moneths after cause of Action Then let a Summons go to the Defendant by a sworn Officer from the Court or the party or some other making Oath of the Summons if he appears not let a Note be fixed to his door under a severe penalty to any one to take off requiring appearance or to shew Cause if neither be done let the Trial immediatly be awarded if he appear let the day of hearing be ordered and entered in the Court-book and that truly by the Clerk under a severe Fine immediatly to be deducted by abatement in his Salary after which time let a Jury of twelve or six men for it is not the number that doth the work I think six best but that contest is not worth the while the alteration of an old received way is the greatest objection be warned not under the penalty of twenty or one hundred pounds and nothing ever paid but of ten or five shillings to be assuredly levied to the States use immediatly of Course unless sick in bed or otherwise imployed in the Service of the Commonwealth in the County above twenty miles or hindred by Providence which Causes sworn and allowed may excuse or essoyn him for not summoned the Officer is sworn and must admit no present contest Now the men must be knowing understanding men and of estate to answer dammages if that be continued if they give a false Verdict which is just being they are properly Judges of the dammage now if they and the Judge differ upon the Law let them do it at their peril for the Case let it be stated the Judges and their hands with the Counsel present set to it and let the yearly Judges decide it and if the Judge be faulty let him otherwise the Jury be fined to the State and if they give a false Verdict that is go not truly according to what is truly alledged and proved unless they or some of them of their own knowledge know the thing of which they are bound to give the Court publike Cognizance for Juries as other Judges are under a Rule of Reason and Common Justice then Jurors must be of the next inhabitants to the place where the fact was Committed of the vicinage neer dwellers so that they know the parties their lives and conversations and thereby judge But there ought to be no relations of Consanguinity or Affinity within three degrees for although spiritual or publick relations ought to be preferred above natural yet this is now little known less regarded Lastly he must not be who is a Jury-man a common Swearer Drinker Company-keeper nor ejected any congregation as an evil person an offender against the peace and quiet of the Nation or one that hath declared his opinion before sworn It is agreed it is best object against the Juror before sworn but what the court is mistaken in ought not to be proceeded in therefore till they be as we say gone from the bar just objections may be offered but the Judge must not allow objections as to favor or surmises after sworn if it be let it be proved for let no Juror after sworn be dismissed but the reason recorded and this proof is easie and then let him be fined When Judgement ought to be and Execution And when void IUdgement ought immediately to follow Execution unless some just cause and that only in Law be offered and for execution notwithstanding the cause which may be for delay alledged let the goods be secured or the money deposited or no cause allowed And if the party be present let him enter caution immediately to perform the judgement or otherwise to imprison his person is not dispriviledge if he be able till he performs it let the caution be setting his hand to the judgement which ought to amount in Law to above all Statutes or Customary Judgements alwayes provided if the execution be not within twelve moneths upon any Judgement whatever the Judgement to be void for the long hanging of judgements and other securities is also legall injustice I say no more Offendors in impannelling Juries Imbracers and the like FOr offendors in putting in knowingly unfit Jurors in any kind let them be fined and the Fines high and deducted out of their salary if any in hand otherwise by distress besides loss of that place and disabled of any other for at least some years for it must be perjury for he is a sworn Officer For drawers of Iurors or informers of them aforehand to draw them to one party let all be upon presentment and tryed and fined What Distresses are lawful THe Law is just that no man be destrained in that whereby he principally earns his living if ought else be But to distrain one man for a Fine due from a Hundred Town c. this is hard without speedy remedy is unjust let this be generally committed to a Court and right done as the fact appears that is let an equal rate be and the Constable and Overseers gather it and pay it immediately with respect to his dammage adjudged and set and if they will not let the Court enforce the rate and all charges upon it and so in all other Cases What to be done in cases of waste c. IN case of waste let the forfeiture be certain for Tenants for year by Lease let it be their Term except an incom be and for that let a Jury mitigate For Guardians of Infants Tenants for life and the like let it be treble dammages those to be assessed by a Jury What to do in Commons THis is a matter of large extent and is one of the great sores of England which wants healing Our Commons are either appendant appurtenant or by reason of vicinage and were originally the relief of the beasts of the Plow and for the breed of young Cattel for the Freeholders and do primarily belong to them and as their Farm was so might they put upon the Common greater or lesser quantity of Cattel according to proportion But long since the rule of Commoning was lost and Commons are become the ruine of the generalty of the poor to whom Commonage belongs not For first they get a Cow in Summer and live idlely of that and not providing against winter they buy dear in the Spring and sell cheap at winter and the rich so long as the purse payes not few regard how things go by this at last miserable and remediless beggery ensues besides the general neglect of Commons as of all matteâ—… of publick interest whereby many poor are undone
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