where they may have no neighbours and there they have Cottagers servants but no other and some by this means pay not one penny in a year to the poor but their offall well they make a Rate the payment is refused what course now to come by it some Rates are to demand and within six days a distress others within four days some by the Constable some by Warrant from the Justice of Peace that signed the Rate some of any Justice some the distress is taken to be sold presently some within four some six some eight some ten dayes some the overplus is to be returned some deducting charges some certain charges some incertainly and so for Forfeitures and so Warrants some things to be done by one some by two Justices whereof one to be of the Quorum upon penal Statute Laws c. These variety of Laws were the Lawyers gins for seldom but the poor Officer smarted for that the Justice to avoid quarrel with him left his Warrant with this general clause at last according to Law which the poor Constable taking simply according to the literal Tenor of the Warrant he seldom went according to Law Thus was all due proceeding and the substance of Government lost to preserve a fair husk of so called priviledge of the Subject but the husks vertue had this attractive that all the idle money and good money of the Nation was dreyned into the Lawyers purses and the difficulty of the Law was invented by them assuredly on sâ—… purpose onely to keep up the Trade and not discovered by the Judges nor discountenanced upon the principle that every one had their times so letting of servants at Petty-Sessions and their not departure without a testimony and such like all grown to disorder and the rather because now even the honors of the Kingdom were as aforesaid made mercenary to the ends of Covetize and Tyranny and the debauchery of the Gentry spoiled the whole Nation so that the ancient Gentry whether of Brittish or Norman Race was lost wholly in the puddle of foolery and fashion so that put a childe into either a rich man or Gentlemans house and they learned nothing but the foundation of beggary they there growing onely nice neate lustfull and lazy But to return Thus were the Justices and all Officers made tender in execution of the Law and thus the Law extinguished And hence it grew that even Felons Murderers and all criminous persons had at last as much favor as baseness negligence and security could afford for no Hues and Cries were at all prosecuted with effect for no punishment where they ceased and the burthens of Constables in their services were such and the office now put on the meanest persons for vexation that little knowledge he had of his work he ignorant and the Law thorny both for understanding and execution so that he onely put off the work but to act vigorously or with care he durst not lest his own fire should burn his own fingers for if he were diligent and apprehended a Rogue he was bound over sometimes to prosecute the Rogue or Felon for want of an Attorney for the King or his not executing his place duly yet all Processes were by indictment at the Kings suit but however as a witness and Indictings and Recognizance Fees made them soon weary besides three or four dayes attendance and not one penny for all their charges Thus were Rogues incouraged and obstructors and disobedient to the Law Government and Reason whether for Covetize or worse ends sake is evident But the justly feared end of all this by wise men was that by the iniquity of this frame now wholly and visibly naught and lost the Subject might be enforced to submit to such Rules of Arbitrary Government as the King by his Edicts whether personal or from his private Councel should send forth to which all they of his Councel were fitted and all his Lords and Gentry to them by the means aforesaid Now that this evil is faln upon us is evident is it not known to all there was no due return of Warrants by the Constables for execution of Justice twixt man and man but that the party must enforce or secure the Officer or nothing done yea the Sheriffs of Counties from the nicities of Laws would not execute a judgement without securitie to bear harmless rather venturing breach of oath then the rigidity of a suit Now one Reason will manifest this was not unnecessary on their part for their at least practise of the Law did bear that if execution were upon another mans goods though in the shop of the party and of the same condition with his Trade yet upon a Trover and Conversion a figmentious Action the Sheriff must be overthrown these were the ways to prepare the Free people of England to slavery and absolute vassallage they doting upon their so called Laws The Bishops corrupted the Prince the Princes corrupted the Judges and they being the speaking Law the dead letter did little good so that it was time for English-men to look to themselves here were Symptoms enough of ruine threatned both to soul and body and estate but the wayes were dark for the contrivances were fitted to every capacity say Popery was intended nothing less the Laws sharp and execution visible as to the first part calling in question indicting and conviction all this brought gain The next step was gain also that is discharge upon composition Say Tyranny was intended to be introduced no you have your Judges both sedentary in the ordinary Courts at Westminster and Itinerary in the Counties and they gave the Law where was the King to be blamed this suggested and the evil continuing the King walks higher and by Pattents of grace so called that is the meer Will of the King he inhibits subjects their Trades and under a colour of mischief brings in an inconvenience that is to prevent an incertain charge or loss he imposes a certain charge and this contrary to Statute-Law these were called Monopolies London gained as much by this destructive chaffer as any place truly engrossing all Trade to her self under pretence of regulation which is necessary for the outward formal pretences of Companies of Merchants for well-making ordering selling c. of commodity is good but to leave them that are Masters of the company to the sole making of the Laws and execution also is destructive they are like Benchers of Inns of Court no Sir le ts not make Laws to bind our selves as if the place had given all power to them they make Laws only subservient to their own ends I shall exemplifie but in one petitioned against in Parliament these Merchants having places of Mart or sale the Masters agree in private send away their commodities and some dayes after declare where the Mart shall be theirs are either arrived or half way or prepared to the voyage when time 's so scanted to others if at all possible that the
at last and though as the Law held forth a plausible remedy to all mischiefs so to this in the Chancery yet it hath been generally found the remedy was so far off and so dearly purchased that it was as evil if not worse then the disease and though these Courts might do some good heretofore yet now there accrued no advantage to the Commonwealth by them except the multiplying of Atturnies Alehouses and suits were a preservative for a languishing State To speak of Arbitrary Fines how intolerable illegal and inconvenient were to no purpose but all these evils grew in the Reign of Charls to an excessive burthen An other growing evil was the multitudes of poor which arose as naturally from a long peace and secondly from a want of a legal approved way of disburthening the Commonwealth by Plantations other then voluntary lest priviledge of the subject should be touched upon so fell it out A third reason was the multitude of Inns and Alehouses the Inns grew upon an old Law when the English scorned the lazy life of an Host aad there were few Inns yea too few for to lodge Ttavellers therefore the Law debarred none from taking up that Trade and the Lawyers not having a judgment against it say it is Law still though the Reason ceased long since The other is of Alehouses multiplying in all places sure for by-respects as knowing much drinking raises Malt and that Barley and so the Gentlemen let their lands and rack their rents more so it fills the rich mans purse and empties the poors Next it was the ordinary advancement of a Knights Justices c. over-worn Cook-maide or his Groom or happily a cast Fallconers fee or Huntsmans as the pentions which are now out of the casualties originally instituted for maimed souldiers Fourthly and most imprudently from the laxation of Laws in the Justitiaries of the Nation for whereas King James found the Nation so governed that they who could not maintain a wife might not marry for a License they could not have the Bishops taking care enough with their Officers that the poor might not have lawful favor of a Licence lest their Hospitality might be charged or impaired by their maintenance and their publike denouncing the bands of Marriage the fist time the Parish for the like cause hindred it the second if any cause were usually none were permitted marriage till the man were thirty five at least and the woman thirty whereas since they coupled at fourteen fifteen sixteen seventeen eighteen a great age this hath bred multitudes of poor weak and tender poor and so for want of due provision roguish lazy poor for many Statues are but all to small purpose some men being so chary of particular priviledges that they have undone the publike and to save a Rogue or Whore from whipping have starved thousands to death For this was the course of Englands good general Government they were all one body and that as men so as Christians and therefore what the Parish so called could not perform the next must if that served not the hundred must if not that the County and so forth and this both for a stock for work for those could work whereby they knew the laborious poor and lazy poor and could afford incouragement or discouragement accordingly Next for maintenance for those could not work or not to maintain their charge fully This now was in times of Popery reasonably supplied partly by the Deacons the proper Church Officer and partly by the civil Officers of the Town Charity being then the high step to heaven applauded by men as declared by Paul and though the great Charity went to Monasteries Frieries Nunneries yet these were pipes which afforded some refreshment to the hungry thirsty both strangers and domestike but now there were new Laws new Provisions new Officers and all to make supply yet the work grew so difficult it over-mastered the Actors partly from the reasons aforesaid but more from the niceness grown upon the Law so that the Justice of the Peace knew not what to do whip a Rogue or loose person or such as the Law held forth seemingly liable to the lash he was sued and there wanted either such cause as Master chief Justice thought fit a Warrant of Commitment or a legal so called Warrant either it expressed no cause or not thought sufficient cause yet the cause in it self more then enough either it was to Bridewel where it should be to the Gaol or the Gaol where it should have been to Bridewel this for Rogues Then for idle people that would not work the due order of assessing wages was left so that what Rule to keep who could tell multitude of young people living at their own hand some commonly reputed to live whorishly others knavishly others theevishly for they neither wrought nor had of their own yet lived highly to complain was unneighbourly so they went on yet if complained of what could be done they answered they would have Services if they could yet if in Service they would do nothing nor tarry but their own pleasure or do but what work they pleased and wages they would have as they list and compound to do what they list or be gone and the Justices were so terrified by the Judges and the Masters by the length of suits as all was grown to loose liberty For the binding out of Apprentises a good and wholsome Law that the poor educated in better mens houses might be trained up to be fit for imployment as Husbandmen and otherwayes truly through the pettish wilfulness or niggardliness of some men in Authority it was assumed to be against the liberty of the Subject to impose a servant upon him and few or none will take willingly so that the Law requires it but none looks at execution if any do the particular Justices must upon refusal binde them over to the Sessions where he shall be plagued and as he saith malitiously vexed with attendance and pay fees and then nothing is done 'T is truth the Law holds forth a way of raising stock to put forth Apprentises but this is as litigious for there is much ado to make a Rate if they will not do it binde them over to the Sessions is all and there Lawyers make such work for their Clients as home they go without Fine or other punishment And generally the great persons are most backward many think scorn to be rated by their neighbours and if they rate them they will pay nothing or not above their estate there which happily is two or three hundred pound per annum and may come to six pence or eight pence per moneth and they have one two three four five six seven eight ten twelve twenty thousand it may be and how do they spend it but in pride riot vain excesses for generally they either live in Cities and then charge them otherways then they like or list they are gone or in small Towns that is
of the day in the wisdom and power of mans strength did the Lord give such a signall Victory as being wisely followed and improved the Kings party were never able to make head again but their severall parties in the severall Counties were partly by the Scot keeping them on work by diversions The English Generall neither Winter nor Summer gave any stop till England had but two Armies the mercinary so called of Scots and the other of English And the King Oxford now only left unto him was enforced to try his then last shift namely to betake himself to the Scot having a strong Army before Newark thereby to engage a quarrel as is more then evident to all by whom he is presently upon the surrender of the place carried back to New-Castle and they wisely finding the difficulties attending them in case they should carry him personally into Scotland upon a Treaty deliver him up to the English and what was altogether unexpected return into their own Land what engagements to a return I know not And now the Presbyterian party so called fly high indeed and urge execution to the highest of the settlement of their own Interest having no other publick enemy bandy against their brethren in the Lords War the generality of the English was for them the so called Independents being esteemed by the many as the Christians of old actors of all impurities and their fry of Confederates the Sectaries but as so many legions of Divels sent into the world to give a stop to the erection of the glorious Kingdom of the Lord Christ Jesus and sure some in their zeal would have thought they had done God good service to have killed them I can in my private thoughts compare their condition to none better then that of the Israelites when they had the Sea before them and an Army behind them and were in the wilderness I know the passion of many a soul when after all their travails for Liberty from the yoak so called of the Bishops Tyranny they found themselves ground to powder under the Milstone of the Presbyters Rigidity and all this for conscience sake for the Presbyter began according to the old Rule with Church work and that was and ever will be long work especially where men take it upon them without the Lord the builder builds in vain From this the Commonwealth being still as over-burthened as before the distastes were great against the present Governors still as before the galled back seeks ease let the plaister cover or saddle be not only gilt but gold This opens a way to the oppressed for the righteous and just ends of the undertaking of this war being held forth that the ends of the Covenant as looking at Gods glory the peoples good and the just Rights of the King were not ever intended to be denyed but the pretended ends namely thereby to ensnare the consciences of men by self-ended glosses or the banishing their persons and confiscation of their goods not for neglect of civil obedience but not conforming to the opinion of others when as yet it was professed that grace was the free gift of God that the rules of prudence or earnall policy had no ground in Gods Word if prudence only might rule why not the Popes and Bishops as well as the Presbyters and to enforce conscience with the Sword of the Scot was as evil as the Mace of a German These and the like matters dispersed abroad and especially in the Army some Regiments rowze and head and notwithstanding all possible endeavors of the Parliament both at London and in the Counties the whole Army is fixed and both with life and Armes meet at the Rendezvouz and engage to prosecute the just ends of Liberty or to obtain the just Liberty of the people and hereabout the name of Levellers first arose part of the Army actually seize the Kings person at Holmby and now the active Grandees of the ruling party so called Presbyterian are accused of high Treason The King is under the custody of the Army and all means endeavoured I beleeve to make him instrumentall to the ends propounded to themselves how far their Treaty proceeded or what obligations were on either side were and are to me private I can take them to be but politick Transactions with respects to their mutuall respective or particular Interests and no further carried on but that either party had their safeguard their way and place of retreat But to proceed there was much spoken now of the Scots return and many agitations a great body was enforced to attend the King And he of a politique head was much catching and drawing and it is likely that his great knowledge where he met with true conscience not equally gifted he must prevail for prevention of which and other evils he I beleeve by stratagem and over-reach was brought to carry himself into the Isle of Wight where five hundred could do more then ten thousand otherwhere but see this brings greater preplexities for many now wearied with war and its effects of all sorts or so pretending taking advantage of the Armies opposing of disbanding cry out there can be no peace while there is an Army and though it is truth they were not a meer mercinary Army but raised by Parliament under the notion of engagement as free men for their own just Rights Yet it was plain their Interest was now grown wholly into the Army and that experience shewed there could be no just settlement while the Sword was unsheathed That they intended nothing but to take away property and introduce confusion and were Levellers haters of all Justice so that now the Souldier was enforced to stand upon his own guard London was opposite her Trade was decayed her Assessments great and all places filled with complaints The weaker party in Parliament being sedulous and crying up the Common good got not only many hearts but had enwoven many strong dependants into principal places of Trust and Office both at Sea and Land so that all that the mighty men could do was only to plot but they could not bring to effect The Army was before much admired for complying with the King and who so high against them as the Presbyter O they treated indeed it was the success however carried they maligned sure I am they opposed not the thing for they acted higher in it then ever did the other but to prepare for the work about the eleventh of June 1647. The London Apprentices so called made the foulest breach unto the Liberty of England that ever was forcing away the Speaker and all partaking with the Interest of the Army and the residue of the Members to testifie their contrivance of the fact choose a new Speaker and declare them at Windsor the head-Quarters of the Army whither the Speaker and divers Parliament men were fled or retired a meer Juncto as the Parliament of Westminster and the Assembly at Oxford had before mutually declared
value to be determined by any two Justices of the Limit by their Warrants without Writ especially at monthly meetings but more especially if they were both poor that is not worth one hundred pound clear or if but one of them the poor being grown lately as well enemies and devourers of one another as the rich That there might be but one waight whether Troy or Aver du-poiz in the Nation and so one measure and one tenure that is Freehold of the State not grantable to any person or persons so called mean Lords as tending to the high advancing of particular interests much more subject to destroy then support the Commonwealth especially that basest badge of slavery and the most prejudicial to the interest of a free Commonwealth the so called Villeni or bond service urging that the Rule of Littleton That Land being the less worthy cannot engage the person of a free man which is more worthy and so that Villenage or now so called Copy-hold is incompatible with freedome and the evil effects of this have appeared in choyce of Representatives as dangerous as ever did any Feife service of the Barons to their Soveraigns the Kings and they say it is just the Comminalty should have right done against inferiour Lords now the Lords have right against the King or State that so while we be freed from the Tyranny of a Prince we may not be worse slaves each to other for they can instance more wicked unchristian merciless and cruel acts in Copyhold Lords then in all the Princes in the world They also desired if the State took Tonnage and Poundage Customes c. that the Seas might be guarded and some said if they did not it was lawful to steal Custome but I put that opinion in a Parenthesis they desired that no person or condition of men might be secured from Law that all evils as appearing might be at appearing rectified and to that end that an easie address might be to Courts of Justice setled in power in the respective bounds both for ending and determining according to Law setled and preparing for remedy to emergent evils by certificate of the matter They said they valued their priviledges as high as any but they would part with their priviledges of men to enjoy the priviledge of just and wise men they therefore would deny themselves things lawful if found inconvenient thus did they submit to the Magistrate and thought not themselves wiser then them whom God set over them but this also admitted that Magistrates were men and might err that the rule of their Government being but perfect reason supposed that infallibility was not tyed to the Seat of Justice if not to the Throne of the Prince and Chair of the Bishop that it was the duty of the Subject with fear and humility to advise of the Law and that no man might oppose the Law but lawfully not to be the Authors of disturbance to the State lest each man might contend for his own opinion until there were as many Laws as men They said that the poor were a parcel of the body politick which ought to be provided for setledly and sufficiently some propounded Commons some concealed Lands some one thing some another but these were mistaken parties generally though well affected they might be for Commons were the Tenants Rights originally not the poors and concealed Lands might now have proved as fatall a Hawk to the State to whom they now belong as Forrest Lands did before to the King for as I have said before all Tenures Titles c. being grown so difficult what might not have been adjudged now concealed as then was Forest These men further allowed and desired that persons should be brought into due degrees the due power of all persons respectively setled the primitive order for security of the Nation by the enforcing the Laws of Tythings for idle vagrant persons Hues and Cryes for Thefts Robberies and such like that due orders of Cities and Walled Towns Bridges and great Roads for Watches c. Regulations of all Trades by certain and just Laws might be renewed Prisons not made the Schools of all Villany but places of due laborious restraint and safe keeping and that specially first for persons criminous next dangerous lusty riotous lazy and idle Publike Offices to be born at the publike charge and no just Office to be the burthen or ruine of a man such as to be a Reader of Inns of Court High-Sheriff Constable Major Sheriff c. of Counties and Cities That all Customes be certain all Fees of Officers with a thousand things more which experience had rendred manifestly holding forth Justice or the foundations thereof Now these just things being so diametrically opposite to the Interest of multitudes who had for their corrupt interest sake or to make a fortune in their own Idolish phrase joyned themselves to the Parliament party were heard but neglected then scandalized to commix Interests with the errors afore-supposed in Levelling in the grossest acceptation so that each rule almost of morall honesty was now miscalled Levelling The reason why I call these just things Levelling is to unmask these Satans and to manifest to all men the strange artifices used to obstruct the truth and take men off from the entertaning true apprehensions of it suggesting to them these jealousies that though the Propositions held forth nothing but seemingly just honest and Christian yet no doubt there was a Snake lay in the grass to eat in pieces the root of Government and debase the Supremacy of Magistracy destroy order annihilate property and introduce the confusion which some as I have said are said to intend and we may justly fear if some timely and just order preventive be not applyed will by these self-seekers be assuredly perfected But all these just Levellers had not the same foundation or principle for their designs though know assuredly all honest men reall and of publike spirits Papist or Kings Protestant that is he that would walk no further in the way of Christ then the Laws of the Land taught him that is beleeving as was by Law established according to the Canon c. yet zealously making conscience of being wiser then his Teachers Presbyter or Independent or of any Sect Opinion or Religion soever were nick-named Levellers by them that found it best fishing in troubled pudled waters But as I say they had several principles The Presbyter founding his Levelling upon the Judicials of Moses stuck to that Rule that the Judicials were Gods own Law given to his own people with whom he had entered a Covenant not only upon Mount Sinai but in the loyns of Abraham father of the faithful that so Abraham is our father and we by faith his seed and so bound Again that the people chosen of God were Types of all Gods people to whom that Law was given in them and living according to that Law should thereby manifest themselves each to other to be the people
so used which liberty being much abused the parties who upon the heat of the blood that is while the injury was fresh complained were bound over by Recognizance to prosecute for the King and so were the Witnesses but if the party or the Witnesses should refuse it it might much be scrupled what by our Law ought to be done to inforce them justly but Custome hath prevailed to go by steps The places of Trial of Crimes are either the Ordinary as Kings-Bench or Statute-Sessions or the Extraordinary and yet Ordinary viz. the Commissions of Oyer and Ter. and Gaol Delivery carried down alwayes with the Iustices of Nisi Prius at the Assizes or the legal Extraordinary which were an assotiation of more men then ordinary according to the novelty and exigency of the cause most legally and usually made up of all the Iudges of all the Benches and no other and heard in the Checkquer Chamber Now these are not to be scrupled in themselves the other and which are extraordinary and scrupled as illegal are meer Royal Commissioners consisting of Iudges Lords and other men according to the pleasure of the prime Magistrate and these were rare and but in case of great offences or doubts of imminent at lest so pretended concernment And there were two Causes the one professed which was the resolution of many wise men sworn to do right according to Law betwixt the King or State and the Subject who by concurrent Votes assured the interest of either party and surely were the Law by which they judged as plain and evident as the reason or foundation of their extraordinary judgements there would be no exception but the fear heretofore on the peoples part which is the ground to the present jealousies was in respect that Commissions pretended of that nature were aiding to the inchroaching vertue of the Supream Power to the advance of Prerogative especially after King James had made the Iudges which were the leaders in both these powers his meer Creatures by absolute dependance in altering their Patents as aforesaid from during their well abearing to during his pleasure How the Iudges Patents are now I know not but except the present condition of affairs make that now lawful which in it self is not surely such Arbritrary Patents are introductive of the heights of vassalage for if they in each Punctilio advance not the intendments and interests on foot of the Supream Magistrate be it good or evil for God or against Liberty or Bondage A Writ of Ease is next to be expected and that engages to the slander of every malitious enemy and he now lies open to the lash of every accuser especially if any litigious person hath been overthrown before him O how the man bustles and now is his time for revenge our eys have seen this and this I suppose to be the ground of fears of such Commissions I willingly avoid Ravelling Controversies upon presidents which in our Laws are so many and so diverse each from other and multitudes so contrary each to other as supream or most excellent reason must bear sway and then the arbitrium of the Commission will not be so much the question as the Law by which judged If it be objected against the adjoyning in Royal Commissions that they are nor Lawyers nor Iudges in Ordinary but Merchants c. I say there lies an Appeal to Parliament from any Court Ordinary or Extraordinary which receives Commission under the Parliaments Authority If it be objected they are meerly the States Pentioners then the Argument is against the Supream Magistrate mediately against their Iudges immediately and is remedied by appeal but this is manifest that there is no necessity of these Commissions they were continually declaimed against and denied as one gap to invade the native proper liberty of the Subject and if now inforced can but foment jealousie against the State Having now found out the proper Courts of Trial of criminal persons let us see who the criminous person is and how to be dealt withal the criminous person is vulgarly taken to be him that is accused Legally him that is convicted not differencing where upon examination before the Iustice there is confession of the party full evidence upon oath violent presumptions or barely suspition but all are dealt withal alike except they misdemean themselves and in case the matter be baylable baylable alike few Iustices looking at good bail but all the Clerks at their Fees in which case much error is where the Clerk is Iustice of the Peace or c. and the Iustice not able or too proud to draw a Warrant himself Now by the Law of England and just reason mens liberties being highly prised heretofore men were to be tried the next Gaol delivery I mean at the Sessions for the County but now by a Statute made in the time of Philip and Mary or at least under pretence of it all matters criminal being death that is out of the Rogues City of Refuge that is to which they cannot readily plead guilty of all Felonies within Clergy the still continued shame of England so that some use a hateful Proverb All Rogues to the Clergy and all Clergy to the Gallows they must be tried at the so called Assises This Statute was a great friend to the Clerk of the Assize above the Clerk of the Peace and those Iustices that will not see this Statute the Inquisitive Clerk of Assise can spy his time to fit him if he cometh in his compass which may be every Assises and though present put him down absent so he is fined forty shillings and to remedy it will cost twice so much Now in the Gaols the Schools of Iniquity they are not imployed and if any one will imploy himself he must purchase his liberty to use his Trade at the Gaolers discretion for there is no Law for it no not for Debtors so that having nothing to do the Prisoners confer notes and the older Thief Cutpurse c. still instructs the yonger in the revealed quidities of the Law Vain people think highly of these nice evasions of Law but the serious sees it makes the Law ridiculously difficult the great Rogues scape but the ignorant and unexperienced dye for it All honest men love mercy and are as loth simple Felony should be death as any but they would not men should by Custom abuse just things or endure unlawful ones or connive at wickedness Yet these and multitudes more well known have long and do still pass unremedied or are provided for but in part or for a parcel of the Commonwealth So that it is certain the generalty of men which once come into Englands prisons of all sorts as now used are spoiled for ever both as to industry and honesty yea so notorious is the evil that I have known many Justices avow it was their sorrow to be in place to be instrumental to such evils by sending one for his first offence to Gaol and likely to
Taxes as for the preservation of the place intrusted And surely though to avoid the usurpation of Princes in the Jealousie of Liberties such resolutions have been it is as lawful to lay just Taxes upon the estate as to erect fortresses by the labour of the Citizens and charge them upon Guards Watches c. And to confiscate estates or inflict punishments and that to death upon obstinate and deserving offendors And this must be or the folly wilfulness or pride of some few may be instrumentall by evil example to render all desperate as too oft experience hath plainly manifested But the truth also is that the sufferings of particular persons ought in equal Justice to have some sort of compensation those especially which come from the own party and not from enemies for a full recompence if in all cases would but lay the foundation of Civil Jarrs for interest sake in the purest Commonwealths among men and have therefore been avoided By this it is clear that it is not so much the diversity of Reason as of interest that hath brought forth this seeming Law of contradiction both cases being in time of eminent visible danger war at the door allowed and acted by prudent and Just men Now in our case let us see whether the Subject may be so dispriviledged in time of peace This will not extend to life but to liberty and estate onely or most properly As for example Commissions to Salt-peter-men to dig in the houses Cellars Hosteries c. of private persons and the like much Quaeried as almost every thing is in preparations to great alterations of States So the putting down of Fayrs cutting up of Woods in places of Robbery making Causywayes through Marshes or Fens of particular men yea forcing the sale of Lands for works of publick necessity or it may be of special convenience to the publick as put the case upon the making of Salt or to plant Sugar or make Gunpowder or the like Now there is no question but they who have ultimate power have the liberty to enact Laws which shall with equall Justice relieve the publick necessity and satisfie the Right and Claym of the proprietor yea though he were obstinate not only not to admit the entry of his house but also to convey away his Lands without the scandal of Ahabs forcing away Naboths Vineyard for no supream Power can do that either for honour profit or private pleasure without incurring a censure of unjust onely the publick good and that in a more then ordinary manner can make such Acts lawful For though we may have salt without the Nation and so Gunpowder and Sugar yet these being matters essential to the wel being of a Nation within it self may and ought to be and will be provided for in a well governed State to be prudently improved And for Gunpowder and such like the State may assuredly become the sole masters of it both for making vending c. for such things ought to be in the publick Cognizance or there is little assurance Not that I would open a gap to Tyranny for let unjust Rulers know God will find them out and their own store-houses shal be made their enemies Magazines but to wicked men if they have power you shall not need hint what is lawful they regard nought but interest for the Judge of this common good I refer you to the former Quaere of the same Nature and having asserted that the chief priviledge of the subject is just Laws justly executed We come to handle the due execution of those Laws and Quaere How and where the Laws are to be Administred and whether in the Native Tongue c. and the times of Judgement I Find not any Nation in the world but had ever their Laws in the Native Tongue and in the due bounds of Cities Counties Provinces or what you please to call them except in case of Conquest or absolute power though not at present conquering yet claiming by conquest and mostly admitting no gradual appeals but at a jump from the lowest Judge to the supream I agree an abundance of Reason in Gradations and also of unreasonableness and as with us now practised insufferable Tyranny and Extortion in most cases while seeking Justice doubles the dammage original We all agree walking Courts destructive and therefore our Ancestors got those of the Kings-Bench and Common Pleas made sedentary and wherein lay their insufferableness but from the excessive expence of the suitor in Travail and attendance if so then it is the duty of Judges in Chief or Law-givers so to settle judicatories that the remedy be not worse then the disease and be salutary not only for the wronged but to the Nation and people for it is the duty of all members much more the Supream ones of a Nation to see to the evils and sufferings oppressions cruelties and extortions acted against any fellow Citizen For what is this mans evil to day if once made but a president will be justified as of Right against another man to morrow And if this be anywhere held forth in the Constitution of Government it it most evident in a Republique We all agree the Law is our Rule of well living and that each man ought to be punished if he transgress And the Law it self saith That no man shall be excused for his ignorance And therefore Laws ought to be fitted both in the Tongue and phrase to the meanest Capacity otherwise the Law becometh a snare as ours hath been too long And neither ought there to be so many that a man may not well comprehend them and multitudes of particular Laws is but Civil Popery as well as holding them forth in an unknown Tongue And sure in reason it is as great an error and obliquity to the body and estate to speak to me the Law in an unknown Tongue as to the soul The open and evident reasons of this mystery is First the Norman Conquest setling the Law in French Next the Roman yoak making pleading in Latin and the Reasons making good this is the pretext of Learning which as to the French part can never be approved for it is an antiquated Language in it self now wholly disused and when used then onely in one Province but ours is neither written pronounced nor understood as that old Idiome of Normandia was And our Lawyers to make it wholly private have used all means to draw it into the form of a Canting or Gibberish for it is punishable in Moots to pronounce in the true Dialect but we must use the English reading to the French writing or rather French corrupted by ignorant Clerks which rendred our books exceedingly imperfect and even the best of them but by the sence not to be wholly warranted The private reasons are first this breeds difficulty that contention and that gain to the practiser The next is a quaint one and would Justice and integrity warrant it might bear some weight but there is nothing in the
ballance against Iustice but wind and dust This Machivellian reason is of the corrupt Court viz. men by these private litigations wranglings and contentions are fired in spirit each against other and so are taken off projects against the publick peace of the Nation but a Christian will easily beleeve this reason heightens both publick and private vengeance Besides this blind reason makes no distinction betwixt poor and rich just and wicked men but put all to the Oare and let them tug for Mastery and the Lawyer sets on the bank and with their labour is carried into the Ocean of so gotten riches this I presume sufficiently evidences that the Laws ought to be without any question in the Native Tongue plain and few and nigh at hand Next let us know how we should have them administred wherein waving the private interests aforesaid the matter will be plain for it is agreed on all sides That Iustice ought not to be delayed no more then denyed or sold the Subject demanding this had no more but Iustice when it was granted in the so called Magna Charta Now I suppose this delay must intend not the customary time of lawing but the due time and that peremptorily except in cases of so called Essoyn that is when such due case in Law appears as all reason must agree there can be no proceeding but with greater wrong to the other party then the stay can be to this which is injustice but the truth is to have so many reiterated summons formal and costly for small causes is yea though it were Law that is formerly so either established or practised unfit to be so continued And in many cases formal processes are vain dilatory and ruinous and the Subjects priviledge is that is just mens to have all such excrescences cut off and meet Medicine applyed to the wound the want of which after so many Vows Covenants Promises Engagements c. giveth spirit to the enemy and sets an edge upon their reproaches and deadens the hearts of all true friends to Iustice and Righteousness Some Nations would never suffer the Sun to rise upon a crime unpunished committed after the Sun went down and so not go down before punished if acted after Sun-rise you must suppose complained of and possible to be effected But the meaning is their punishment was immediate others gave three days others fourteen dayes Now the best men alwayes give the least time yet enough delayes whether in criminall or Civil Cases alwayes are the nourishers of corrupt ends if not perjuries our Judicatories are for Civil Cases in some places weekly but the business in formality depends a quarter half and sometimes a whole year let there be justice done under a penalty Now the trick is delay till the Witness be gone or hath forgotten it or can be wrought off or the Jury fitted to the turn The Heathens abhorred what Christians practice for the Criminal part the Sessions are or ought to be four times in the year but the now Lawyers are so afraid of their own Law for it is so doubtful that few but the Superiour Judges who by reason of their places must do or will understand it And hence men for ordinary acts lie sometimes twelve moneths two years in prison by Adjournments and no penalty upon the Iudge for he is seldom evidently faulty but the Clerks no Commission to try him or a defective one whereby the prisoner is without all Remedy Next the Processes for the Tryal before the Iudges are not every mans purchase and the appeal being onely to London the charge which rich men and free men count nothing of is to poor men destructive and unsufferable And we had need call for setled Courts and Laws and the Judges to determine by a day under a Fine or Penalty for in Arbitrary ones and so remote as London from many parts and the Clyent must go himself or his case is lost and undone where orders are gotten to day and then the party out of Town revoked to morrow and Order upon Order Term after Term and Judges sittings uncertain onely when they can be perswaded together What is it but the Abyss of confusion and that which threats most direful plagues and judgements to the Nation let the honour of the Nation be never so much pretended yea though these acts were done to enemies both of God and men solely and onely For pure and holy Justice is prostituted if not ravished nay is then made the Bawd to each exorbitant passion and affection Wise and Just Law-givers must therefore settle Courts in due and fit places times frequent and ordinary yea if it were every day and enforce prosecution under due penalties And in case of appeals while appeals which in respect of difficulties and that of moment may be betwixt persons mean and of small ability that they be setled in due places and ordered in such manner that Right may be done to the meanest not as in the formal way of so called Forma Pauperis and all the Processes thence issuing where the cause is determinable all Dilatory Pleas excluded and errors of course amended and no error pleaded after issue joyned These are principal priviledges of free Subjects but indeed the highest and greatest are least understood or regarded by the many Now whether these Laws be administred in the Towns Hundreds c. is in the Supream Magistrate surely in the County and in a due place there both for convenience of Travaile and Reception of Suitors not in Confinio Comitatus The reasons for and against this will not be worth the while they holding forth nothing of moment more then what is before declared onely this That by this means every County will have a various Law and carried according to particular interests of places and persons but this is not be esteemed for we allow the Supream power the enacting the head Law So that the Law will be the same though the dispensation may be diverse then as it is now and ever will be for bind what you can a wise Iudge will have or make to himself a latitude but if truly wise who will grudge while Iustice indeed is his onely ayme and end But to avoid such and the like Objections If the Supream power settle County Courts both for Law and equity and admit once yearly itinerate Iudges to receive the complaints of Suitors against all other Iudges and for determining difficult matters in Law after the manner of the now Assizes it will take away all the grounds of interested objections against the necessary administrations of Provincial or County Jurisdictions which some frame from the reasons of County as Congregational Independency or their seares of introducing the Churches giving an Analogicall Rule at least of exteriour Governement to the Common-wealth Now having taken this short view of the Laws Administration let us in the next place consider the Qualifications of the Law-giver and Law-dispenser whereby Iustice may be executed
a moneth a quarter a year for Tryal and at unreasonable charge and as soon as gone a Tryal if stay a flaw in the Indictment though the Evidence be plain This was Englands old Law and the reasons are the same the alteration was the sweet benefit not Justice or Righteousness Why cannot the Justices in Ordinary in the County try Felons Murders and Treasons as well by a setled Commission as a Special one And in all faults the condition of the fault and the quality of the person ought to be observed In an Amerciament or Fine I would have but one word for all purse-pains for that is just and is our Liberty of old and now ought to be For Murderers of themselves and Murders and Manslaughters by unknown persons let such rule be as is proportionate for Fines to deterr not ruine Wife and Children and enquiry in all by one specially appointed as with us per Coroner but let his power and Fee be certain that he encroach not on the Office of the Justice who is but Inquisitor yet it might be better to give every Justice that power For Deodands let the Law be setled by some Rule of proportion which our Law books hold not forth but solely for the advantage of the Crown so called yet under the Right of God as the Priests portion this seems wholly superstitious For words threatening life let good Sureties be for the peace and let due publick and evidently hearty confession of his unchristian walking be before remission This will quiet all double Controversies For of suing first an Appeal and then an an Indictment first Indictment and then action brings that there is no end of labour Now let us see how Felons are to be apprehended How Felons ought to be accused and apprehended FOR this for the security of the Priviledge of the people we must distinguish between palpable and publick justly known or probably suspected Malefactors and private and concealed yet with some light and possible causes of suspition Now in all known cases and justly suspected every one may apprehend without a Warrant yea if but justly that is upon strong presumptions suspected because of flying but in case of but probable lighter and lesser suspitions no man ought to be apprehended but by Warrant that is the causes of Suspition allowed by the Justice the Warrant is to be granted if he denyes the party may go to another and where ever just suspitions be or a warrant the party complaining except the informations be feigned or causes of apprehension meerly suggestions no suit ought to be and in case the person be obstinate and dangerous or the number many the Civil Officers may undoubtedly crave the assistance of the Military power of the Nation if any be ready or otherwise raise them and it is no dispriviledge at all Now shortly let us see how they are to be dealt withall when apprehended How and where imprisoned How maintained And of the Treasurers therefore ASsuredly things are best tryed immediately as acted and would save much needless if not unjust and imprudent trouble and vexation in the world and then imprisonment would not be a question of such controversie But in case it shall be delayed a short time for it is unjust to delay so long as restraint and charge there happily of an innocent shall bring a greater evil by beggering wife and family then the original dammage Yea grant it were for Murther but put it so Let the Prisons for criminal offenders be only within walled Towns or at least Corporations in respect of the multitude of Inhabitants necessitated to incorporate and come under particular Government not contrary to the general Law of the Nation Next Let them there be maintained at the charge of the County at a set Rate if they have not whereof to live and this according to their condition and if clearly not guilty of offence against the Commonwealth let them be acquitted free from Fees or Fines To this end as before Let the Gaolor and all Officers have Fees from the State out of the Fines Let there be special Trasurers to whom the Atrorney for the Commonwealth shall pay the Fines as the Record is for in this there shall need no abateing of Fines for all men shall still have something to live upon For their imployment in prison let it be according to their Trade if not highly criminal that is for life in which Cases the more speed ought to be that so he may again return to the service of the Commonwealth and sustentation of his particular Family unless a person notoriously factious and dangerous and that in time of danger in which Case better restrain Liberty private then endanger the publike safety Who is Baylable THe answering body for body is now out of use or it had better be and one onely word of bailing used wherein the party is to appear at a day or the Recognizance that is the summ wherein he was bound to be forfreted Now set the Rule certain in high Treasons where the party is eminent and times dangerous surely to admit Bail were vain therefore resolve the contrary for it is no priviledge yet as such it would be claimed and breed Tumults or lay the foundation of Sedition But for misprision of Treason and words let them be bayled but in all Treasons as in all Cases of death speedy trial is of necessity if the ordinary Judges be not sufficient send down either at the Circuit if such may be agreed or adjoyn others of the same or adjacent Counties in a setled way that the Subject may truly know his time for trial otherwise to be bayled of course and set the Judge his power in certain that he may know his duty and perform it without or be duly questioned and his reason known why he denies But for Bayl 's in Manslaughter and the like set down the value as for Example for Manslaughter two hundred Maim one hundred wounding fifty beating forty assault twenty or leave it to discretion of Justices onely put not in men unfit our present shame And thus let all Vagrants all idle persons though seemingly able to live of themselves if suspected or not able to give a good account to the Justice go under bayl for their good behavior or be sent to the place of their birth or if found refractory or dangerous set to work in Bridewells well ordered and sufficiently provided with good wise and faithful Visitors Justices of the Peace there to be till enquiry be or certificate of their condition that order may be taken accordingly Now for the Trial of all persons let it be as speedy so publike and with one Counsel no more if they please who may freely and openly speak the Law and no more not manage evidence as is now used and if the Judge denies the Law let an Appeal lie to the next Circuit under the Councels Hand and with his Reason but if the Judgement be affirmed let
to the complainant to be immediately awarded and delivered within three dayes under the penalty of a Fine Treble value for the time it is holden above three dayes to the rent for half a year For obedience in Civils must be rendred to mistaken judgements final or primary if final for ever if primary till death of the party unless he lives ten or twenty years for it is fit to set a time after such judgements that so it may be fit for a Purchaser who may otherwise pay his money and lose his land if the Demandant or Complainer be not able to make good his Title let him pay the Fine for the charges of the Defendent as is adjudged in open Court and then let him be dismissed which Fine must be according to the nature of the offence and the estate of the party both being considered How Equity is to be pursued BUt it may happen that part of the money in a personal action or complaint is paid and that the land is forfeited in case of a Mortgage upon a Cause equitable in Law as enemies hindred great Waters robbed going to tender the money and bound or the like not voluntary neglects as now whereby the controversing in Courts is more expensive to the Subject then the Army which appearing in the legal Court before the Judge there let him transmit the Case upon his word of a sworn Judge that is intended upon his Oath that there is just matter of equity and let him see the Case and examine what Witnesses he pleases and fend for what other he judges fit always provided he decrees the Case within a set time as ten dayes at the furthest and then let possession be continued or adjudged as the Case requires This also must be pursued that no rule at Common Law or Order so called in Court of Equity but be Ingrossed Read and Signed by the Judge before going out of Court Now to some there will some difficulties arise at first what needs this double work may not one Court determine Equity also Next the Lawyers will never agree an Order with the Judge in Court advantages are so sought and preferred as daily experience manifesteth Whether Law Courts and of Equity also are to be FOr this it is most certain that while men we must in all lawful ways give satisfaction to the experienced evils arising amongst men and that as the evil is capable of reformation heretofore many delays and draynings of the truth in a set legal course was thought a good way or at least so pretended to make justice pure form was set up to an eminent height and seeing the Idol men bowed down to it and it was thought better to part with some real Justice then lose a shadow which gave refreshment to so many c. Now this though it may have shadow which as the world grows past amusing will fall of it self so it hath substance for the work is proper to another judgement and of it self likely to be sufficient for one Court especially if those men be impowered to hear and determine all small matters of equity as it is fit The other Judges in Civil Courts should do all matters of trifle and also all suits both legal and equitable of poor men What and why pleaders are to be and their Duties SUrely the knowledge of the Laws municipal and just and righteous setled Customes of Nations which are Laws are highly to be honoured esteemed and provided for they are the left eye of the Nation as the instructers of the Nation in the knowledge of divine wisdom are the right eye Now to draw men to such labours there must be some allurements we had so many that of late years it drew all the prime wits and parts of the Nation that way and all the Courts being at Westminster the whole Nation during the so called Terms was void of requisite Government for these wits to maintain and encrease their honour and riches had made the Law so difficult that good honest Knights and Squires in the Counties yea though they had studied the Law durst not venture upon a matter extraordinary how then should Citizens and these and the Attorneys by the adjudges tricks and niceties had buried Justice past finding out by Juries each man had his legal quillet to deceive the honest man prejudice the State and yet satisfie his so called conscience Now if pleaders be rightly used then they are no more but men skilled in the Law who are for the party who chooses them for their Councel that is such upon whose judgement and skill in Law they will depend to make good the Law for them to the Judge to manage evidence which some have been famously infamous for to do what they can for the Clyent that is by lawful or unlawful wayes to get the day is most unchristian Thus yet old Lawyers through tricks use to deceive young Lawyers and unpractised Judges or old or sleepy or such ignorant ones as have been admitted and continued till they with credit of conscience left their place therefore it is unfit any Lawyer speak but to the Law and that only to the Judge and that to enform him and require his advice and that he ask these questions Let all these Lawyers after admitted to plead set in the Court below the Judges covered but when they speak and any one as a friend to justice though not retained may speak to the Iudge his opinion And let all but the present pleaders be as assistants as to so much as information of the Law according to their skill and knowledge let but one be retayned for one man and let not his Fee be above two shillings six pence and that a supply be let each one have a pension or an office from the State and then in case it amounts to a competent salary it is better to allow no Fee at all The objections of laziness and the like which will ensue upon this are no way answerable to the necessity of giving stop to the immoderate labouring after riches now in this generation and that onely to be Fathers to a lazy idle ignorant gallant Son c. What Attornies are to be and their Duties MAny will think Attornies as needless as Courts of Equity and so they are yea truly not of so much necessity yet much good there is in Attornies But so many is to nourish knavety and shew an unchristian Commonwealth for many of them cannot live no more then many Lawyers without much contention Which shews strongly that our Commonwealth is but baptized Christian with water not the Spirit of love meekness gentleness peace long sufferance forgiving as we would be forgiven Oh the sad case of Christendome so called I must grieve to think of it though others laugh at me But while all men are not capable of the plainest forms of Law it may be conceived requisite to admit men who shall appear by their warrant to answer for them but
equally just yet let the Commonwealth have its due freedom let the Fines be made certain one years clear value which cannot be above two parts in three Next No forfeitures next to pass by free deed lastly all as Free-hold at Common Law except onely the Rent for it is better enlarge the Rent and have no Fine Lastly let no Rent be distrainable for upon the land after eighteen moneths due and for the apportionment of Rent let it be recorded between Buyer and Seller and if parties concerned cannot let two Justices of the Peace upon hearing both parties determine it and let it be recorded in the Parish or Town-book to cease all Controversies after To clear this Let a Commission issue to some persons to return a Survey of all Mannors when granted what Customs what Tenants what Rents Free or Coppy the quantity and nature of lands particularly the value yearly that so a foundation of settlement may be laid but because of the great advantage hath been said to accrue to the Commonwealth by Coppyhold-lands above free and Charter-hold in respect they were not subject to cheats frauds c as Free-hold lands let us a little consider how lands are to be passed Whether Inrollments ought to be in each County and how and the way to avoid deceit in Conveyances c. and of Frauds and the best way of punishing them HEretofore Deceits were not so frequent men yea even the highest preferred honor above inheritance Now as the love of riches the god of the world prevailed so private interest grew and from thence looseness of Law and the jealousie between our Kings and people made Laws come forth difficulty and when ever they came the interest of one side was visible or the Law so choaked with ambiguities or incertainties or so short in the main that it did but add to Contention besides the difficulty of obtaining them without an active leading Parliament man were the Author or eager promoter which in those dayes few would or did undertake out of pure zeal so that men set down willingly by the evil and lookt to prevent it as well as they could and take their chance as they called it amongst others rather then stir for new Laws of any sort This made of late years the legal robberies of cheating and truly fraudulent conveyances encrease as well as Letters yet not within the adjudged remedy of Statute frequent for it is as easie to avoid the Statute as to quench ordinary fire with scalding hot water one good Law against all frauds is better then a hundred of the best against fraudulent conveyances the reason is so gross and visible that it neds no president there are yet too many But while all possible means of the exact purity of Justice are to be indeavored by all Magistrates especially Christian It is just and requisite that they take the hint of the good hath flown from the manner of passing of Coppyhold Estates which truly proves that an Office of Inrollment at least in the Head-Town of every County is of necessity with such due regulations as is fit and in the same Office a passing of the wives consent by sealing the Deed of Sale or releasing it provided the Act be done before two Justices of the Peace be as good as a Fine the Dedimus upon the Fine is to meaner persons less fit to be trusted then some Justices may be however not under the conscience of an Oath which all they be the charge of a Fine is not so much though to some it is more then they are worth and ought to hold some rule of proportion as the trouble care delay c. Let there be therefore alwayes some authorized to take these There is another legal I dare not call it deceit the Custom hath established it as a Fine to bar the issue intayle or a recovery or both with single and double voucher but what is this but Custom against the Statute Law by the assent of the Statute I know the Evasion is but a meer Evasion it is better to mould the Law anew for the Law is both wayes unjust for the Statute Dedonis is in it self a perpetuity and would settle lands impassible in a short time and then all men must flie to the Supream Power for remedy let them therefore settle how lands shall be De jure as for example The eldest son to have all two parts of three or three of four or a double portion or at the will of the father provided he gives it no otherwise but to him and his heires and indeed all other estates are but to be a little over-wise but in this I shall not undertake to prescribe ought I shall onely add let the Law be All frauds to be punished by Presentment which found legally dammages to be to the party according to the value proved and then a fine to the State according to the Law and the nature of the offence Now this according to Law brings us to discussion of Juries Whether it be best to have Trials by Juries and in that of the Course of all Trials Civil ALL agree that right is to be done but many nay most differ about the way and certainly there are divers wayes and all good but there are better wayes and the best but the diversity of Opinions is great in these for some call that best which others call but good so various is Judgement much more Opinion for many which have found the good of one just wise discerning Magistrate will think him better then a Jury of Twelve and they that have found corruption in one Magistrate and Justice from Twelve men abhor what they call Prerogative Sentence it must be assented to that while in the flesh the best men are subject to fails and mistakes and therefore to drain Justice hath been thought the best this with popular jealousie in the just fears of dependencies of Judges rivited England to the maintenance of Juries who will not easily forgo it and though there is at present so much miscarriage that I think there is far more evil then good by them to the Nation I would not their temporary ejection but their due strict and setled Regulation But first every Case is not worth such trouble but Justice must be done in every Case and unless you will pay Juries for their pains they cannot travel therefore to avoid this you must make Judges in every Town and though the letter of the Magna Charta is general yet do but the Justice of Magna Charta and the Subject will not complain Justice never wrought dispriviledge and is above Magna Charta But before we proceed with Jurors let 's see how Cases ought to come to the decision of Juries then what Juries c. Now it is just that before any suit be the party wronged should first privately seek peace then call the party before a Magistrate to know what the difference is and see if it yet may
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
multitude of prisoners in Norwich Castle being as per Calender 144. The civil part was there only determined and not the criminal Now I shal omit to speak of the abundance of forfeitures by this means though falling much upon the poor it helps forward the necessity of Levellers in the grossest acceptation by reducing them to absolute beggery I shall onely speak of the triall of the Gaol which will hint matters of some concernment First there was a Commission of Oyer and Terminer next a Commission of the Peace These Commissions are not setled by Act of Parliament in the County but are a part of Prerogative and grantable at pleasure of the Supream Majestie Now there were many Prisoners which were bound over to the next Goal-Delivery these the learned in the Law upon mature deliberation and after great advisement resolve they cannot try consider the reasons which I must own Legally of great weight but hear them by the Commission of Oyer and Ter. they could not be heard for the Recognizance was onely at Gaol-delivery therefore they could not be called by the Commission of the Peace they could not try them for the Sessions of the Peace had before referred them to the trial of a Superior Judge of course for difficulty of the matter but if was agreed that had a Commission of Gaol-delivery come the same men without a Superior Judge or more skill or knowledge in the Law then they had before would have tried them Is not Form the Idol of the world I appeal to the Supream power for the priviledg of the Nation and beseech them that the due rights of a Free Nation may be established in setled Judicatories in the Nation Here also fell out another Quaere at this great Sessions namely what to do in case of an Under-Sheriff who should execute his Office beyond his year contrary to the Statute we found this The High-Sheriff of the County as usually before to the great prejudice of the people of the Nation under the late King did make a bargain with an Attorney to be or find one to be for him such a one as he would undertake for his Under-Sheriff This man contracts with the Kings Sheriff accordingly and himself and his son a young boy as the Justices upon view judged him of about eighteen years of age execute the Office both at the last Assizes and this Sessions and the intervals not having taken any Oath it was demanded of the boy who was Under-Sheriff he answered his father but his name was used he was tried by the Justices to read a precept he could not do it so for double disability he was disallowed by the generalty of the Justices by this practise if the Father were Under-Sheriff he lost two hundred pound by the Statute for this year and two hundred pound more for a year before for it is said he hath served now three years and I beleeve unsworn all the time if due inquiry were made Next the son forfeits 40. pound for executing without Oath yea though unfit but notwithstanding all this two Justices of the Peace present at the debate do the next day swear this Boy thereby sure intending to intricate the business and give the Father leave to plead against his Forfeiture of 200. pound or question for executing the Office unsworn I say no more but I think they deserve a Fine above his besides forfeiture of their Trusts and the rather because the mans integrity and so fitness for the Office is as much questioned as any mans in Norfolk Gent. To sue for this in the Travailes Expenses Delayes Tortures of the Law who will You are the Fathers of the Family if you please to take this notice according to your Trusts who are in the places of Eminency and Supream Power in the Nation from a son a brother a Citizen of the Commonwealth do if not I have satisfied my Conscience the evil lies at your door if you think as they who have gone before you have done to salve all with The Law is open 'T is begging the question We say the door was never so fast shut as now either in the setled Law Courts in Ordinary or new ones of Committees for though the doors be open that is there is easie beginning suits that is it is easie to complain yet the journey is great from the remoteness of places and in Committees 't is so difficult to get them together in the other Courts there is so much business that there are so many obstructions to right especially of poor men or quiet spirits and especially the men of Law are so favoured that there is a dead heart in all men to seek Reformation Remedy this and you will finde complainers enow But if a great man now be complained of for just things as have been offered to be avowed upon Oath yet rather then stand the shock of a suit the wise mans Councel in Ecclesiastes is the poor mans comfort Go not to suit with him that is too mighty for thee compound with him is the way though he requires all thy substance as too little to satisfie his wronged honour brought into question such a one as he scandalized though all his friends know the truth of the case how wisely soever carried that is legally avoiding the reach of the practical Law so called I know no truly wise and prudent man desires a measure exactly just that is such as against which no objection will lie no surely if there be such bad Christians there will be evil men what is desired is not only possible but feasable were there but just endeavours after it were not the diversions so visible it were tolerable but when it s well known that all eyes are upon you when all engagements and Artifices which the Religion held forth or prudence at best suggest have been not only proffered but penally enforced what but a seared conscience will not relent or a nealed face blush Former services do not acquit latter offences the instances of the elder of the Horatii Manlius and other among the Romans and multitudes of other in other places evidence The greatest and mightiest Princes are subject to the same proportionable changes with their meanest Subjects and the Subject hath this advantage he is best able to bear it Our evil hath grown from lenity our remedy must be at least necessary severity and if you be not guilty you may use it freely 'T is offendors cry out so sternly for mercy you are now by true interest and obligation to labour a well grounded peace to this the occasions of publique disgust must be first taken away Remember natural and rational Priviledge the clearing of interested Dependancies take them away they are visible and visibly known Next settle such plain and evidently rational Laws and proceedings as may assure Justice in the end and that Common and Universal Justice that as England is one our Law may be one and that known this will
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual