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A67239 A prospective glasse wherein Englands bondage under the Normane yoke, with the rise, growth, and continuation is clearly asserted, a subject not yet treated upon ... shewing how the law came to be in an unknown tongue, and from whence the judges and other inferior lawyers had their beginning, and in opposition to former law, how the 4 termes of the yeer came to be kept : as also, the corruption of this law, bringing with it the fines and rents to the lord of the manor for all free- holds and copyhold land : being a collection from the most choice of modern historians : with some copyhold land : being a collection from the most choice of modern historians : with some brief observations upon Scripture, as proving from thence that this law is contradictory to the nature of God's dealing with the sons of man, and contrary to the nature of freedome / by a lover of Englishmens freedomes. Lover of Englishmens freedomes.; Walker, Henry, fl. 1641-1660. 1649 (1649) Wing W380; ESTC R24593 17,780 25

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A Prospective Glasse WHEREIN ENGLANDS BONDAGE Under the NORMANE yoke with the Rise growth and continuation is clearly asserted A Subject not yet treated upon viz Shewing how the Law came to be in an unknown Tongue and from whence the Iudges and other inferior Lawyers had their beginning and in opposition to former Law how the 4. Termes of the Yeer came to be kept As also the corruption of this Law bringing with it the Fines and Rents to the Lord of the Mannor for all Free-holds and Copyhold Land BEING A Collection from the most choise of Modern Historians WITH SOME Brief Observations upon Scripture as proving from thence that this Law is contradictory to the Nature of Gods dealing with the sons of Men and contrary to the Nature of Freedome By a Lover of English-mens Freedomes An evill Custome be it for continuance never so ancient is nought else then the oldnesse of Error Plato LONDON Printed at the Authors Charge 1649. TO ALL THE COMMONERS OF ENGLAND IN all the dealings of God with the sons of men when judgement and righteousnes is not executed between man and man God then brings one punishment or other upon the Land that makes inquisition for blood that hath been spilt wrongs that hath been done wickednesse that hath been acted by unrighteous men But yet the end of Gods dealing thus with his creatures is love as in Ier. 30. 17 18. a restoring of health an healing of wounds though Ephraim is smitten yet Ephraim is loved he is a dear son a tender childe there is health in the latter end Whosoever looks upon these times outwardly may see a poore distressed Kingdom groaning under the heavie burdens that lye upon it and whosoever looks beyond the outward state of the Kingdome may see love peace and joy spread into the hearts of creatures discovered in severall yet glorious administrations The occasion of bondages troubles that hath been and yet is in this Nation makes the members of this Nation to enquire for Freedome to search and sift out the root and foundations of bondages of all sorts some after this manner some after that as hath been evidently seen in the Petitions of many well affected people of England which have been presented to the Parliament at sundrie times Among the rest I my self desired to know the foundation of some bondages that have inslaved the Nation for almost this six hundred yeers and by Providence I found some recorded in Records which I now commend to the consideration of all honest hearted people lest any should say I speak against the persons of men I desire them to understand that I speak against the practise of men which is destructive to the wel being of the Nation be they Nation or person whatsoever it matters not to me for honesty in a Turk or Jew Heathen or Pagan is as good as honesty in those that are called Christians I could wish that the nature of Christianity was more looked upon and the name of Christianity lesse looked upon for it is the cunning sleight of the Man of sin to make people think themselves happy as having the name of Christians without looking any further unto the nature of Christianitie I am not ignorant how people have been looked upon as bearing the name of Sectaries or Independants and so for Presbyterians or Episcopall the envy of the name in one anothers hearts hath bred abundance of heart-burnings one toward another My advice therefore is to all to let names fall let honesty and godlinesse be imbraced in any man and let oppression Arbitrary power and cruelty be looked upon in any as destructive to the well being of the Nation if we do so we shall look upon things as being acted in the center of them and so esteemed I leave this following Discourse to all men to be looked upon by the eye of equity and remain A lover of Freedome Not the respecting of persons whosoever but in love to my Countrey for Liberty and Freedome and a hating of Tyranny Arbitrary Power and Cruelty I begin this ensuing Discourse IN the making of way to this ensuing Discourse it is requisite to shew for satisfaction to them that shall read this Discourse the party by whom the bondages of this Land came in not in any way of disgrace to his person but rather to discover the acts that he did which rose from his oppressing minde and will And first of the Person In the lives of the three Norman Kings of England in pag. 1. there is a relation of William the Conquerers birth which is expressed in these words Robert Duke of Normandy the sixth in discent from Rollo riding through Fallis a Town in Normandy espied certain Damsels dancing near the way among whom he fixed his eye upon a certain Damsell whose name was Arlote of mean parentage a Skiners daughter whom he procured that night to be brought unto him of whom he begat a Son who afterward was named William By this relation it appears that Will the Conquerer was base son of Robert Duke of Normandy as may more fully appear in the Summary of English Chronicles in pag. 37. William Duke of Normandy surnamed Conquerer base Son of Robert the sixth Duke of that Dutchie But lest any should think that I make this discoverie on purpose to disgrace the Conquerer I say I do not for I say no more then what Chronicles do testifie of him Secondly a bastard sometime hath been an Instrument of deliverance to the people of God as Iephthah Iudg. 11. 29. The Spirit of the Lord came upon Iephthah ver. 32. the Lord delivered his Enemies into his hand so that God made use of Iephthah to work deliverance Thirdly a bastard is not to be blamed as being a bastard for it is the parents not the childe that must be blamed or shamed I shall say no more touching William the Conquerers birth and reasons why I do think that Williams person is not to be despis●d of any as being a base son to Robert Duke of Normandy but proceed further to shew by what means he came to be crowned King of England In the Summary of English Chronicles in pag. 37. declares unto us that William the Conquerer came to be crowned King of England by Conquest in these words William Duke of Normandy surnamed Conquerer base Son to Robert the sixth Duke of that Dutchie and Nephew unto King Edward began his Reign over this Realm of England the 14th of October in the yeer of our Lord 1066. after the battell at Hastings Duke William came to London where with great joy he was received both of the Clergy and people and was proclaimed King and crowned on Christmas day by Aldred Archbishop of York It must be agreed on by all parties that God gives the Kingdoms of the Earth to whomsoever he will Dan. 4. 32. 35. So God gave all Kingdoms of the Earth unto Nebuchadnezzar but if Nebuchadnezzar tyrannise over the people then great Kings
should serve themselves of him Ier 25. 13 14. And so though Assiria did reign yet it must be brought lowe Even so though God did give this land into the hand of William the Conquerer yet he setting up of such Laws as tend to the destruction of the poore it is just with God to take the Government out of the hands of his posterity who uphold and maintain those Laws that were made to inslave the Commoners of England Before I come to declare the bondages of this Nation that was brought upon them by William the Conquerer I shall speak of some remarkable things of Edward the Confessor King of England before the Conquest as I find recorded in the Acts and Monuments of the Church in pag. 165. They that write the History of St. Edward the Confessor make mention of a dream or revelation that should be shewed unto him in the time of his sicknes How that because the Peers and Bishops of the Land were not the servants of God but of the devill God would give this Land into the hand of others and the King desired that utterance might be given him that he might declare it to the people whereby they might repent here note if true as for my part I cannot gainsay it see the mercy of God toward this Land as to forewarn them of the danger that should come upon them which not long after this Kings death did come to passe when William the Conquerer overcame this Land This Edward in that dark age made such good and wholsome Laws which were so just so equall and so serving the publick profit and weal of all estates that mine Authors say that people did long rebell against their Heads and Rulers to have the same Laws again being taken from them could not obtain them William the Conquerer at his coming in did swear to use and practise the same good Laws of Edward for the Common Laws of the Realm afterward being established in the Kingdome he forswore himself and placed his own Laws in their room much more worse and obscurer Also this King Edward describeth the office of a King in the Acts and Monuments of the Church in pa. 166. The King because he is the Vicar of the highest King is appointed for this purpose to rule the Earthly Kingdom to set up good and wholsome Laws such as be approved such as be otherwise he ought to repeal them and thrust them out of his Realm he ought to do justice and judgement in his Kingdom Three servants a King ought to have under him as vassals fleshly lusts avarice greedie desires whom if he keep under him as servants he shall reign well and honorably in his kingdome But William the Conquerer omitted these Laws contrary to his Oath at his Coronation inserting and placing the most part of his Laws in his own language to serve his purpose and which as yet to this present day in the same Normane language do remain See here by this Declaration the difference of the two Kings Edward making good Laws and William changing of them contrary to his oath at his Coronation making Laws at his own pleasure destructive to the peoples good and freedome King Edward surnamed Confessor for his excellent holinesse is untill this day called St. Edward who so soon as he had gotten his Fathers Kingdom of his free-will released the Kingdom of 40. thousand pound called Dane gilt which the English people even from the very beginning of the reign of the Danes was compelled to pay to their Kings every yeer and this did King Edward in a yeer when the earth yeelded not her fruit the tribute being gathered by the Treasurers he commanded that the money should be restored to the owners again Here we may see the love that this King had to the Subjects freely forgiving them the tribute that they had payed to other Kings before him and this God saith he hath chosen in Isa. 58. 6. to loose the bands of wickednesse to undo the heavy burthens to let the oppressed go free this kingly act of Edward the Confessor may serve for an example for all Governors to follow William the Conquerer did contrary to King Edward for he sought how to inslave the people of England by making inquirie what riches the people had and then to tax them accordingly as is declared in the Summary of English Chronicles in pag. the 41. King William caused enquirie to be made how many acres of ground were sufficient for one plough by the yeer how many beasts to the tilling of one hide how many Cities Castles Farms Graunges Towns Rivers Marshes and woods what rent they payed by yeer and how many Knights or Souldiers were in every County of the Realm all which was put in writing and remaineth at Westminster in the Kings treasurie afterward he took six shillings of every plough that is of every hide of Land throughout the Realm and to this agrees the report in the History of the Lives of the 3. Norman Kings of England in pag. 98. William the Conquerer caused the Land to be described in one generall Roll so that there was not one hide of Land but both the yeerly rent and the owner thereof was therein set down how many plough lands what pastures what fennes or marshes what woods Parks Farms and tenements was in every Sheere and what every man was worth also how many Villens every man had what beast or cattell what fees what other goods what rent or commoditie every mans possessions did yeeld this book was called the Roll of Winton because it was kept in the City of Winchester by the English it was called Doomes-day book either by reason of the generalitie thereof or else instead of Domus Dei book for that it was layed in the Church of Winchester in a place called Domus Dei according to this Roll Taxations were imposed sometimes two shillings sometimes six shillings upon every hide of Land throughout the Realm an hide containing twenty acres besides ordinary provision for his house One of the punishments that was threatned against the children of Israel was to be given into the hands of those their enemies whose Tongue they could not understand Deut. 28. 49 50 51 52. who should take the increase of the Land And surely so did William the Conquerer squeese the fat of this Land unto himself from the Commoners of England as appears by this declaration of him In the Acts and Monuments of the Church in pag. 173. it is reported of William the Conquerer that forasmuch as he obtained the Kingdom by force and dent of Sword he changed the whole state of the governance of this Common-wealth and to this agrees the History of the Lives of the three Normane Kings of England in pag. 91. Many heavy taxations were imposed on the English their ancient Lords were removed their ancient Laws and Pollicies of State were dashed to dust all lay couched under the Conquerers Sword to be newly
fashioned by him as should be best fitting for his advantage And in the 86. page of the same History the stoutest of the Nobility and Gentlemen were spent either by war or banishment or by voluntary avoidance out of the Realm all these he stript of their estates and instead of them he placed his Normanes insomuch as scarce any family of the Nobilitie of England was left to bear any office or any authoritie within the Realm And so likewise in the Acts of the Church in pa. 173. he gave the Normanes the chiefest possessions of the Land he changed all the Temporall Laws of the Realm And so in the Summary of English Chronicles in p. 41. the Normanes accomplished their pleasure upon the English-men that there was no Nobleman of that Nation left to bear rule over them so that it was a reproach to be called an English-man In the Acts and Monuments of the Church in pag. 173. that William the Conquerer ordained Laws at his own pleasure profitable to himself but grievous and hurtfull to the people abolishing the Laws of King Edward the Confessor whereunto notwithstanding he was sworn before to observe and maintain And so in the Acts of the Church in pag. 44. he changed all the Temporall Laws of the Realm And so likewise again in the Acts and Monuments of the Church in pag. 166. contrary to his Oath at his Coronation he abolished the Laws of Edward the Confessor and placed the most part of his own Laws in his own language to serve his purpose which as yet to this present day in the same Normane language do remain Further to make the thing in hand clearer I shall speak as it is declared in the Lives of the three Normane Kings of England in pa. 101. William the Conquerer caused part of those Laws which he established to be written in the Normane language which was a barbarous and broken French not well understood of the naturall French and not at all of the vulgar English the residue were not written at all but left almost arbitrary to be determined by reason and discretion at large Hereupon it followed partly through the ignorance of the people and partly through malice of some Officers of Justice who many times are instruments of secret and particular ends that many were extreamly tangled many dangered many rather made away then justly executed And in the 96. pag. of the same History of the Lives of the three Normane Kings of England William the Conquerer in the beginning of his Reign ordained that the Laws of King Edward should be observed together with other Laws that he did prescribe but afterward he commanded that nine men out of every County should be chosen to make a true report what were the Laws and Customes of the Realm of these he changed the greatest part and brought in the customes of Normandy in their stead commanding that Causes should be pleaded and all matters of form dispatcht in French And in the Summary of English Chronicles in pa. 41. there sprang up wicked Customes the more the people spake of equity the more wrong was done the Justicers were authors of all unrighteousnesse In these words these things offer themselves to consideration First that the end of William the Conquerers Laws was for his own profit and that appears by the way that he took in making of his Laws in his own language which was a barbarous and broken French not well understood of the naturall French and not at all of the vulgar English so that the people of England was under a Law that they understood not which must of necessitie be a sore and heavie yoke for the people to bear from this Will the Conquerer arose the Law in an unknown tongue which to this day is a bondage to the English Nation For a Nation to be under a Law that they know not is to be under a curse so in Deut. 28. 49 50 51. The Lord shall bring a Nation against thee as swift as the Eagle flyeth a Nation whose tongue thou shalt not understand A Nation of a fierce countenance which shall not regard the person of the old nor shew favour to the young He shall eat the fruit of thy cattell the fruit of thy land untill thou be destroyed All these things have come upon this Land by the Normanes in these words In the Acts of the Church he gave the Normanes the chiefest possessions of the Land he changed all the Temporall Laws of the Realm Secondly the Laws of William the Conquerer were and are bondages to the English Nation when as by policie he commanded that nine men out of every County should be chosen to make a true report what were the Laws and customes of the Realm before the Conquest and then to change the greatest part and bring in the customes of Normandy in their stead commanding that Causes should be pleaded and all matters of form dispatcht in French By this it is apparent from whom the pleading of Causes by Lawyers came up and surely if the thing be well considered it is a grievous burden to the Commoners of England that must give away their money to the Lawyers to plead their Causes by this the poore Commoner of England payes dear for coming by that which is his own when he hath occasion to deal with the Lawyer By this pleading of Causes by Lawyers the poore Commoner buyes his Law at a very hi●h and excessive rate A poore man may work a quarter or half a yeer to get as much money as the tryall of one Suit at Law will cost and when the Lawyer hath pleaded and gotten the money the thing at last must be ended by arbitration I find in the way two main things to be answered The first is this From what principall the Lawyers and Councellors as they now stand did rise To this I answer From an arbitrary power profitable to themselves but grievous and hurtfull to the people And if the originall of their standing be looked into it will so appear For the Conquerer making such Laws as that the Commoners of England could not have the benefit of the Law but through the Normane Lawyers making merchandize of the Law to the people and so great gains came in to the Lawyer through this subtilty and knowing well that by that craft they had their living made Laws that none should be a Lawyer but he that took his degrees at the Universitie or Inns of Court so that it came to a custome and yet is that parents set their children to School to study Law that thereby they might be rich and having learned the Art to use the silver hook they became great the parents nor the childe consider not at all the tyranny of the rice of that custome And thus as a childe is bound to a mas●er to learn his trade and to be a Free man of that place in which he hath served the time of his Indenture so the Lawyers
through the unjustnesse of their custome served a time to come to be a Lawyer whose first rice was from the will of a Tyrant The originall of a servant serving a time to a master is to learn a trade that so he may make the benefit of his ware even so the rice of a man being a Lawyer is that he may sell the Law to his chapmen otherwise called Clyants so that the Law is bought and sold by the Lawyer and the Clyant Surely if this were looked into with an eye of reason it would appear to be as unjust namely the practise of Lawyers to ingroce the Law into their own hands to make merchandize of it as the monopolizing Pattentees The second quaere that may be made is how the Lawyers appear to be bondages to the Commoners of England I answer in this that if any one seek for the benefit of the Law he must fee his Lawyer or else he must loose his right So that as in the time of Christ the Jews could not have the benefit of their Law but by the Romane governors and that appears about the tryall and condemning of Christ they must lead him away to Pilate that he might condemne him for they could not of themselves without Pilate Even so the Commoners of England cannot have the benefit of the Law but by feeing the Normane custome-upholders Another quaere may be made But how should any man come by that which is his own but by the Lawyers To this I answer That it is the Law not the Lawyers that gives any man his right and if there were no Lawyers yet persons might come by their own by Law For I reason thus That the Lawyers themselves ought to plead according to Law and then if it be so it must be considered that the ground of the Lawyers plea ought not to be from themselves but from the Law and so consequently it must follow that the Lawyers themselves are in no other place but to get away money from the Clyant who might if things were equally carried come by his right without them In the History of the Lives of the three Normane Kings of England in pa. 98. saith thus That William the Conquerer ordained also his Councell of State his Chancery his Exchequer his Courts of Justice which alway removed with his Court these places he furnished with Officers and assigned foure Termes in the yeer for the determining of controversies among the people whereas before all Suits were summarily hea●d and determined in the gemote or monthly Convention in every hundred without formalities or delay If it be looked upon in the Courts of Chancery and Exchequer the Officers that are in those Courts are such as stand by the Normane customes and that appears in their customes of pleading Causes for money making merchandize of the Law and so consequently of other Courts of Law the benefit of making merchandize of the Law is onely in the hands of Judges Councellers and Lawyers And further that the Commoners of England may be kept in ignorance from knowing the Law that they may live under and are judged by all Writs are issued forth in Latin and Causes pleaded in Latin The second thing that presents it self unto consideration is the foure Termes in the yeer to end controversies among the people and the custome of this is a great bondage to the Commoner when he hath occasion to go for Law and the bondage consists in three things First the coming from all parts of the Kingdom to Westminster foure times a yeer whereby the poore Commoner is put to great charges and pains to get all things ready for his journey and many times are constrained to borrow money to bear their charges the journey being long and chargeable and for the experience of them that have had to come upon such designes to Westminster from all parts of the Kingdom testifie by the filling of their purses at home and their emptying of them by the way and at London and Westminster Secondly this is not all the laying out and spending of their money in the long journeys from all parts of the Kingdom to Westminster but when they come thither there are Lawyers and Councellors to fee which is many times as much and more twice told then the clyants expences in his journey Thus hath the Normane customes brought heavie burdens upon us and upon our fore-fathers in this thing so that well may that speech of Christ which he spake to the Lawyers in his time be justly applyed to the Lawyers in our time Wo unto you also ye Lawyers for ye lade men with burdens grievous to be born Thirdly this is a bondage again in this sence by hindering the old custome before the Conquest which was to have every mans Cause tryed in the Hundred where he lived without coming to Westminster at all and so had justice in the Hundred once every moneth From the things that have been spoken these things do offer themselves to our consideration First that for persons so judged by Laws in an unknown tongue is an arbitrary power contrary to true reason and honest plain dealing Secondly for Lawyers to have money for pleading of causes is to make merchandize of the Law to the people Thirdly for the standing and custome of Lawyers as now they are is a representative of slavery and bondage Fourthly for pleading of Causes in an unknown tongue is to take away the key of knowledge Luk. 11. 52. from the people of their liberties birth-rights and Laws and to keep them in blindnesse and ignorance Fiftly for coming to Westminster from all parts of the Kingdom is a spending of the Commoners money loosing of his time and neglect of justice done to the Commoner as was in that short time once every moneth in every Hundred before the Conquest According unto that equall rule As ye would that men should do unto you so do you unto them for this is the Law and the Prophets is the practise of all Arbitrary power whatsoever condemned And surely if ever there was an arbitrary power in any thing it was and is in this to make Laws in an unknown tongue to govern and rule a people The unjustnesse of this custome may more fully appear if we look into the manner of Gods giving of his Laws unto the sons and daughters of men if it be looked into in what manner God gave the Law unto the children of Israel it will appear to be given in that tongue they could understand Deut. 30. 11 12 13. This Law which I command thee this day is not hid from thine eyes neither is it far off It is not in heaven that thou shouldst say Who shall go up for us into heaven and bring it unto us and cause us to hear it that we may do it Neither is it beyond the Sea that thou shouldst say Who shall go over the Sea for us and bring it unto us and cause us to hear it that we
speech then thou canst perceive of a ridiculous or stammering tongue that thou canst not understand So that it is liberty and freedom to be under a Law that the people can understand Nothing makes the government of England to be like the Church of Rome so much as this to lead and govern people in an unknown tongue For as the Papists keep the people in ignorance concerning their spirituall estate by an unknown tongue even so the Judges Lawyers and Councellers keep the people of England in ignorance in their civill or temporall estate by an unknown tongue Further the Law in an unknown tongue is both against the way and end that God gave the Law unto the children of Israel if we consider the way it was in that tongue they understood Deut 30. To that it is opposite and it is opposite also to the end which was first that it should be in all their mouthes hearts that they might continually talk of them 2ly that they might teach their children 3ly that it might be written upon the posts of their houses and upon their gates First it is opposite that the Law should be in all the peoples mouthes for it is that it should be in some of the peoples mouthes namely Judges Councellors Lawyers they onely are to know the Law and no other by this custome Secondly the Law was given to this end that the children might know it but the Law in the unknown tongue to the contrary For whereas the children of Israel was to teach the Law unto their children by this Law in an unknown tongue the parents of the English children are constrained to ask counsell of the Lawyers and so in this it is directly opposite Thirdly the Law was to write upon posts and gates that therby the people might know the Law generally being known so openly But the Law in an unknown tongue causeth the Law to be kept and shewed onely at Westminster the Inns of Court and Universities and Judges Councellors and Lawyers Chambers Thus far to shew the tyranny of the Law in an unknown tongue over the people of England The second thing that presents it self to our consideration is recorded in the History of the Lives of the three Normane Kings of England in pag. 99. that in all those lands that William the Conquerer gave to any man he reserved dominion in chief to himself for acknowledgement whereof a yeerly rent was payed unto him and also a Fine whensoever the tenement did allen or dye these were bound as clyants unto him by oath of fidelitie and homage and if any dyed his heir being in minoritie the King received the profits of the land and had the custodie and disposing of the heirs body untill his age of 21. yeers These words declare unto us two great bondages that have been in England the one is thrown down by this Honourable Court of Parliament called The Court of Wards the other bondage remaineth still untaken away Of that I intend somewhat to speak The bondage being looked upon with a single eye will appear to be great two wayes First in the greatnes of it in extent Secondly in the heavinesse of it upon the poore man First for the greatnesse of the extent of it and that is over every one dwelling in a Town except the Lords of the Mannor who is the yoke-master and not a sufferer under the yoke The heavinesse of it appears in these two things First when a man hath bought a piece of Copyhold-land so called when he hath payed for his Copyhold-land of the owner thereof yet notwithstanding must pay a Fine to the Lord of the Mannor or else he cannot enjoy it This is a most grievous oppression upon the people Secondly when the party either leaveth his Living then another Fine is to be payed and also when the party dyeth then a Harriot so called is to be payed again Those who are Countreymen and deal in Farmes and Land I suppose can testifie this by wofull experience and therefore I leave this to their consideration onely I shall shew how the Lord complaineth of such things in Scripture This oppression doth reach the poore widows that hath lost their husbands and is left poore comfortlesse and needie their stay their upholdes is dead and yet notwithstanding must loose the best goods they have for an Harriot to the Lord of the Mannor This or such like kinde of oppression Iob spake of Iob 24. 9. they take a pledge of the poore And Isa. 10. 2. turn aside the needie from judgement and take away the right of the poore of my people that widows may be their prey and that they may rob the fatherlesse What greater wrong can be done to any then to take their goods that which is properly the parties own Among the children of Israel was found such like grievous oppression Ier. 5. 26 27 28. For among my people are found wicked men they lay wait as he that setteth snares they set a trap they catch men As a cage is full of birds so are their houses full of deceit therefore they are become great and waxen rich They are waxen fat they shine they overpasse the deeds of the wicked The snares that are set by Rulers to catch the people are those grievous Laws that are like snares that the people by this means are brought into great bondages and slavery under cruell masters As witnesse when a man hath bought a piece of land before he can enjoy it he must pay a Fine to the Lord of the Mannor and if he come not in to take it up in the Court he then forfeits his land What righteousnes is in such a law or custome I finde very little or none at all but against righteousnes justnes and equitie to practise such arbitrary tyrannous customes grievous for the people to bear Now then it is not to be looked upon whether it be not right to pay Fines or Harriots to the Lord of the Mannor according to that Law or custome that is now in England for that purpose but it ought to be known whether that Law that demandeth such unreasonable things as Fines and Harriots to the Lord of the Mannor be according to the rule of equitie And then I suppose that if that be the quaere it will be answered that such a Law is not according to the law of equity for these Reasons First that Law that tendeth onely to that end to inslave the people in bondage under heavie burthens cannot be concluded to be according to the Law of equitie for God saith that this pleaseth him Isa. 58. 6. To lo●se the bands of wickednesse to undo the heavy burdens to let the oppressed go free and that ye break every yoke So that in this obedience is better then sacrifice For what doth it avail the people to have Fasts set up and Humiliations observed by the great ones of the land and have not their burdens and yokes taken off from them Secondly