these being originally Regal and absolute held one course to engage as our William so called the Conqueror did the great men to an absolute dependance upon him and by them to vassalize the residue I know many godly honest people see no such thing I believe it God gives gifts variously but most certain it is such dependancies are the Nurses of Feuds and Jealousies If therefore you will setle the Militia aright you must suppose your Nation or Jurisdiction at terms of Unity among themselves under no great and eminent civil broyl for then none on the adverse party to them in power or justly suspected that is openly opposing by purse or person can be for a time entrusted but otherwise the power muff be in the dependance in the Supream Magistrate and their active power by his general Law That is That all within their Limit from twenty six or twenty eight c. to sixty seventy or c. be chargeable to the War that is to say They that have not estate to such a value to be in inferior services as Pyoners c. And of this let the inferior Magistrate take the ordering care Next All that are of such an estate to be charged Foot-Arms All of such an estate Horse-Arms that is Dragoons and Light-horse as the estate is Now as to this and to all Rates it must be known that there will be multitudes of Quaeries arising some have great estates fit in proportion to find ten twenty thirty forty fifty a hundred Horse some in respect of great and vast real others vast personal estates some have their lands lie altogether some dispersed some live in their own some in Cities some have great charges of children poor friends and decayed some in debt and some have granted out Annuities Rents c. and have outwardly a fair visible estate bur indeed and really small Now in all these there ought to be a Rule of proportion with safety to the whole for first it must be agreed that the Commonwealth consists of real and personal estate the real estate House and Lands the personal estate Goods and Money Now this is certain that all Land must have stock all Trades must have stock it is visible therefore the rule of Charges of all sorts must be the Land and the Stock and that whether in City or Country Now for discharge of this it must of necessity be either theirs whose visibly it appears to be or others For Lands in which there is so much more then Turkish Knavery if it were inrowled wisely and justly it would prevent much but due punishment would take it all away while impunity breeds offences that controversie that gain to the Officer and therefore is mercy c. cried up so This Land and this Stock is the subsistence of the Nation I know Corruption fears discovery of estate for either they are rich and would conceal it or poor and fear undoing Now to nourish either of these corrupt interests is destructive the last is most to be eyed but least to be regarded for though some good come of it yet it is the most dangerous for from hence comes all the stock of Bankquerupts and the sudden undoings of many esteemed rich men and indeed it is most unchristian and utterly unlawful for a man knowing himself poor to borrow or buy at a day for what he visibly and certainly sees not he can pay though such may have thriven Thefore allow no discharge either for rates of Assessment of Moneys or Arms contrary to the visible estate but with certain knowledge of the owner onely this is fit that for Assessments for the visible personal estate abatement be per rate as for land by the hirer all the Objections are answered before as to personal estate and for real let it be charged as it lies in the Counties I say not in the Towns it is best leave that at the discretion of the Commissioners or Judges for Arms unless a general settlement by a standing National Law be only let such rents c. as are going out bear a proportionate charge of horse or foot respectively as the said Judges shall under Hand and Seal appoint and Record in their Muster-Book For to say it once for all all these Jurisdictions ought to be setled and to be the Records of the County Now I presume you will not find a better way for the present settlement then the owner to be at the charge of the Horse and Arms the Tenant to find the keeping of it labouring him reasonably so as alwayes to be ready for service and if he dyes not by negligence but sickness or in Military service the owner to find another otherwise the Tenant and the Training service by the Tenant also for all service more then for meer Trayning service ought to be the expence and publick charge of the County at least if not National which is more just then one County shall not bear all the burthen of war and charge also as is too frequent and for price of horse lest the owner and Tenant differ let a set price be so much for a Dragoon so much a horse of service and this price to be set yearly at such a day But finding in divers places where the lands lie will ease some part of the just doubt of the great mens over-powring the County by purse and power but nothing will avoid it wholly except it be enacted that no one man find above 6 8 10 c. horses or Arms and that for every one that he is in proportion of estate chargeable above that number let him pay so much yearly as shall be setled to the publick purse or for the ease of some particular service but better all to come to the publick purse either of the County or of the Nation Next all Arms are to be owned the Nations or Publicks yet to be in the hands of the particular persons charged unless dispriviledged Next these Arms must be imployed in War by fit men and even to Christians it may be so requisite if it be not simply unlawful to administer a Military Oath of obedience to the Officer according to the Tenor of the Commission of the Officer or General of faithfulness in his trust for though just men and vertuous are true for honesty sake yet the evil will not but the fear and conscience of an oath will reach far with the worst of men And so to the Souldier respectively Let this and the reason of the disuse be well Quaeried Some presume the best way of settlement is to charge so many Arms only upon the Township whether horse or foot or labourers in the wayes or carriages and all to bear their equal proportion now this generally may be good but the particular rule wil vary every moment either or any of the wayes may do so the Commissioners as they are Judges do justly for all Laws as Governments are not so much good or bad by Institution as
remedy against an evil present and emergent by act it is the knaves work to converse with a quick brained little conscienced Lawyer and crafty Attorney to find a loose from the Law which is too oft allowed and the Judge excuses himself by the letter of the Law Therefore I shall now generally declare that the whole frame and foundation of Englands Government was loosed rotten and vanished which I thus manifest Look at the Lands and its evident that had Noy lived or but the Parliament been deferred the most considerable part of the Kingdom had been Forrest upon the claiming of which what quick work was made in some places few but know that which had not been Forrest to the King would all have been secured to him by Office as holding in Chief or forfeiture otherwayes either upon the chief Lords or some inferiours want of Service And as the King had dealt with his great men so would they with their Tenants whether Knights or Soccagers but especially the Copy-holders should have suffered without remedy for it was grown to this that as no Jury durst find against the King if a strong contest were that is if it were a matter worth the striving for and supposed to be or might be a flowre of the Crown so neither durst any find against the Lord nor indeed well could they tell how to do right either to the Lord or between the particular Tenants for the Copies were generally brought to this course only to name so many c. of the Tenants R. or B. c. the Rent they denyed to set down so that the Bailiff cheated the Tenant but especially the honest or ignorant one at his pleasure and exercised more power rather Tyranny then a Prince for the Fines they generally drew them to the meer Will of the Lord and in that were absolutely illegall and although it was pretended the Chancery was the moderator that was but to help the Lord for not one man of a thousand would contest if rich seldom but he was a Lord for every Peasant was now become the purchaser of a Mannor if poor the controversie ruined him Now let us a little here look at the nature of Copyholds Which I conceive came in thus at the Norman Conquest upon the setling of his Commonwealth as he had laid his frame that is that all held of the Crown mediatly or immediatly that is they by greater services as Dukes Earls c. and the inferiour Lords of them so all these Lords had their inferiors under them that as they served the King in his Wars to preserve the publique so these might serve the necessities of the ptivate Families as Soccagers to plow sow and cut down c. and Villains to carry muck and do all drudgery or meaner work and were both but a kind of servants the one yet more free as having his Land only paying his Rent Corn c. the other absolutely bound over whom he had at first power of life and goods and all both yet of which as the Nation grew civilized and religious got more liberty and priviledge so that they became absolutely free and their present conditions are so diverse from past though the names remain that a man will hardly believe such things were Yet from these divers harsh villanous Customes and usages are still continued all or any and every of which are unreasonable and unwarrantable for the villain or bondman his Land was his Lords as was himself his wife and children After it was given him under a Service but he could not give nor grant then Services were turned into Rents yet he had no power to dispose all was in the Lord after the policy of the Kingdom being depraved and these villains being grown too numerous taking advantage of civill dissention among the Masters the Servants gained the priviledge of inheritance but not to pass it by free Deeds or grant or sell but to descend at last they came to sell and usage only regulated all this and then were used as free Lands all but the way of passing it which matter of form is most highly penall even to forfeiture and indeed these forfeitures are the sole end of most Lords Now these evils of forfeitures and the like though for small causes are grown exceeding penall mostly from the difficulties and delays of Law but enough from the rigorous unjust and cruel principles of the so called Lords of Mannors which now each greedy griping rich man is purchaser of and the value according to usage set accordingly Now these evils arise thus First all the Jury who enquire of the forfeiture are the Lords Tenants and those that are pannelled are not able or rich or commonly of any great reach and the Steward most commonly an Attorney he is the meer pentioner of the so called Lord and his improvement of his fortune is to improve his Lords Rents or estate and that is by searching out old antiquated Evidences for original Agreements Compositions or the first or primitive Custome and then pinch a poor weak Tenant upon that Custome and he submitting another and so on till all or the most be buxome and who is able to withstand If it be quaeried why some rich man opposes not it is answered few rich men but are either Countrimen and then either are or expect to be Lords if Citizens their gaines are great and are not desirous to spend their estates to inrich Lawyers and thus Lords and Clowns got into things called still Mannors broken divided and shattered no way retaining their original constitution through the baseness of Kings Judges and Officers and the interest of Parliament men few of them whose cause it is not the subject especially the poor is kept in a base unworthy vassalage under the constitution of the Norman Conquest and free men engaged by the tenure of lands and by prevailing and unregarded Custome to a slavery which was abhorred in the King yet usurped by fellow subjects upon each other and that with Prerogatives higher then in any the Princes Courts for the common priviledges of extraction and profession are no way pleadable against their Fines and Amerciaments so that I have known a professing Esquire take of a Christian a Knight and Barronet his neighbour fourty shillings for Amerciaments for not attending at his Court which was paid by him onely with this protest by his Steward that that fourty shillings should get his Master twenty pound per annum and where they may call a Court as oft as they list and too often as some widdows so called Ladys of Mannors holding it but for Life do it must be as burdensome as unjust Besides there is nothing certain in any Court either for the Ground or the Rent or the Fine or the Custome but the legal pated Steward can to wreack his spleen finde a flaw in and laying his land onely by so much in such a place if any ground be wood or rich that is the Lords
considered with the possibility of effecting it Chap. 27. pag. 147 148 149 Shewing 1 That to fit children for publicke employment is not dispriviledge 2 That if the Magistrate takes this care it s better then the Parents can be it eases him and ought to be submitted to the benefit is most to the poorest who are aptest to repine 3 All to be done by a publicke equal rule 148 4 Further considerations of the causes of unequall rating 5 The duty of a wise Magistrate to disburthen his Land when over-numerous 6 Setled wayes to make the work acceptable 7 No place or Person to be freed from payments 149 8 How personal estates are to be rated that equality may be 9 The end of all punishments publicke good Chap. 28. p. 149 150 shewing 1 That the Magistrate ought to regulate or give Rules for Families 149 2 The Jewish Husbands Power was absolute 3 Some men cannot rule their wives 4 Necessary to settle some Law to avoid known evils 150 5 The like for children 6 The like that Parents may provide duly for their Families 7 None to keep servants but such as are able to maintain them 8 All servants to be inrolled 9 None to depart c. without a Certificate 10 Birth and Age of children to be kept by a sworn Officer 11 Inholders power in their Family and duty to their Guests Chap. 29. p. 51 52. shewing 1 Parents heretofore naturally had absolute dispose of their children 151 2 They unnaturally exposed them 3 Their duty is to sustain them till fit for labour or marriage 4 Reasons that the Magistrates may and ought to appoint the Ages of Marriage 5 Contrary reasons refelled 152 6 The Magistrates power after set Age to allow the child their choice in some Cases and to inforce the father to some portion 7 The act of Marriage is properly the work of the Magistrate Chap. 30. p. 152 153. shewing 1 The municipal Law of England better then the Imperial Law in appointing Guardians and Tutors 152 2 The Magistrate yet to appoint the Guardian answerable for the value at the time 3 The discharge of such Guardian ought to be valid in Law 4 If a Guardian prove unfit the money to be paid to a publike Treasury thereto appointed which shall allow some maintenance 5 To appoint how inheritances shall descend and by whom division to be made 153 Chap. 31. p. 153 154. shewing 1 How Cities and Corporations or Towns first arose 153 2 Its fit to continue them 3 To inable them by certain Laws to maintain their Societies 4 These must be according to the nature of the place Maritim eor Inland 5 They must have Laws for all inhabitants according to emergency evil Laws that is where a better is seen must not be sued upon after confirmed but complained of and continued till a new one made unless absolutely destructive 154 6 Particular persons not to question or disobey a setled Law Chap. 32. p. 154. shewing 1 Customs ought not to be pleaded as Law till allowed by the Magistrate 2 They ought to be after allowance Published and Recorded yea Printed 3 A book so allowed to be kept in each place where the Custome runs Chap. 33. pag. 154 155. shewing 1 The Magistrate is to defend against private force as well as publick 154 2 A further consideration of the Magistrates war against internal vanities 3 The Magistrates Power and Duty as to observation of a Sabboth 4 A way to know the Masters diligence in a Family 155 5 A consideration what to be done with Heathens in that case 6 A consideration what to be done to Absolute Popish Papists 7 A consideration upon the whole whether the Christian Magistrate may go to war Chap. 34. pag. 155. shewing 1 That its unsafe to trust Strangers with Arms but Natives 2 The Reasons against it confuted Chap. 35. pag. 156. 157. 158. 159 shewing 1 All humane settlements how wise soever vain without a blessing from heaven 156 2 Absolute dependencies are the Nurses of feuds and jealousies 3 In case of civil broyls none justly to be suspected to be intrusted with Arms after dominion obtained 4 Otherwise all to be appointed to arms or works or paiment towards both according to proportion of estate 5 Wisdom not to charge many arms upon vast estates but to abate some for paiment and also 157 6 Towards maintenance of these all Lands and Stocks to be charged 7 Fit to allow abatement for money as for Land after discovery 8 Commissioners to be Judges and apportion charges out of lands charged arms where Rents issue out 9 Jurisdictions for this ought to be setled 157 10 The best way as yet to charge Arms. 11 All Arms to be Recorded and owned the Commonwealths 12 Fit men considered 13 A Military Oath fit both to Officers and Souldiers Reasons discussed 14 Other offers of Settlement 15 Some consideration of our present condition 16 The general way to root out heart-burnings 158 17 The vanity of meer Machivilian Policy 18 Pay considered for Officer and Souldier 19 Whether fit to pass at all in time of peace 20 How Officers are to be tried and punished 21 Some necessary power to be in Judges of Arms as in appointing makers and sellers of Ammunition and keepers of publick Houses of Resort as Tavernes Inns c. 22 An advice to Judges and Officers at Arms to be wise and strict in Order and Discipline in regard all Government receives strength from them 159 Chap. 36. pag. 159 160. shewing 1 The difference 'twixt an Appeal and an Inditement 159 2 How Appeals come to be wholly discussed 3 How fit it is to compromise both the interest of the Prince and Subject 4 A way to do it legally propounded 5 Creditors also to have a portion 160 6 The Error to want Commission alwayes to try all offences in all Counties 7 Deodands superstitious 8 Security in case of words threatning life 9 The benefit of this proceeding Chap. 37. p. 161. shewing 1 That violent presumptions and lesser suspitions are to be considered 2 In violent presumptions any one to apprehend a felon c. 3 In probable ones onely the Justice must grant a Warrant 4 In either of these cases no suit unless the cause feigned or a meer conspiracie 5 The Military power may assist the Civil Chap. 38. p. 161. shewing 1 The benefit of speedy trials 2 The evil of delayes 3 Prisons to be nowhere but in walled Towns 4 There to be reasonably maintained unless able of themselves 5 The Goaler to have his stipend c. 6 Treasurers to whom the States Attorny should account 7 To use their Trade in prison if it may be c. 8 Better restrain private Liberty then endanger the publike Chap. 39. p. 162. shewing 1 That one word viz. Bail be used for all undertakings for appearances legal or duties enjoyned to or by Courts 2 No bail in high Treasons but in misprizion 3 Speedy Tryal necessary here
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
others either preferred before or above them yet even in this time the name of religion was venerable and truly the faith of many or rather the credulity or superstition of most with abundant charity was everywhere perspicuous love of God drew some but Pride Lust Covetize Ambition Ease and such like drew a multitude to speak of the multitude of vain and superstitious attractives I count needless as fitting rather itching ears then solid heads yet this gangrene over spred the whole body of the Christian Common-wealth and it was no miracle for miracles were become common and now the Church slept in greater security then before for who durst oppose the word of the Pope and the sword of Princes for seeing fire and faggot the ax and halter were now in the hands of the chief Christians what cause of fear to the servants of Christ and what need the Kings fear if they had the Pope to their friend yet divers of them repined seeing so much of the temporall estate each day slipt away under Ecclesiasticall jurisdiction so called as that in the time of Henry the fourth of England when it was complained of in Parliament that the third part of the Land and revenue of the whole kingdome was in the Church-mens hands and it was petitioned to take some away the first publick act of the people of England against the jurisdiction and estate of the Bishop of Rome although in the case of Johns grant of the kingdome to the Pope to hold in fee of him The Lords dis-owned the power of the king to grant as having no more but a trust in the kingdome but they did not hint that his Holiness could not take and it was vain when they saw he gaped for more then he took and took more then was his due The succeeding Kings were either so given to forreign wars or troubled with the intestine divisions of the houses of York and Lancaster that now they were forced to own Parliaments yea to take the chief strength of their Title from their determinations There had been a Law made formerly to have Parliaments once a year for as the Kings of England sought to avoid those publick conventions of the most potent Lords and popular Commons for divers most evident reasons as they conceived and upon their unjust grounds truly destructive to their Royalty for there their actions were continually questioned the actors by personal command of the Kings against Law or labouring the abolishing the Laws either fined or hanged or otherwise punished and though some Parliaments went cross to others some even justifying the acts of kings against Law and their abettors this invalidates not the power of the Parliament but confirms it for by these Acts the kings after made Title so that here the Parliament got into their hands and that upon motion of the kings even the power of appointing the king and this arose from that bloody contention between those two houses But you will ask was not the Title clear yes without doubt but the Estates that is the Parliament upon the great dislike of the present Government their hearts being alienated from a dissolute and riotous Prince sought out the man among them of the Race with whom the potent men could drive the best bargains for Riches Honor and promotion and ever or mostly though the love and zeal of the Laws Liberties but especially of Religion gave the first blow to the quarrel and suited it yet interest espoused wedded owned and enjoyed it so easie are the best natures to be corrupted and depraved by outward excellencies or esteemed excellent things But it may be Quaeried what all the succession of Princes all this while did for the Church truly all they could both by themselves and Subjects multitudes of Churches Monasteries Fryeries Nunneries Abbies Chappels all planted in the most pleasant delicious places of the Nation admirable and costly structures richly furnished largely endowed both with lands and yearly profits of Tythes onely to send a brother to preach and now the common maintenance of the Church or Church-men ceased and was made proper and after was drawn into that civil order which we now call a Parish being a limitation of the bounds of the Church for care of souls and maintenance and though indeed there was so great a sufficiency yet even then many of the Clergy were in want it may be the Pope thought it fit some of Christs Servants should be like their Master I mean of that so called and justly at first the Fryers of Saint Francis Order according to their stile commonly called the Begging Fryers for so they did upon conscience of the Rule of our Saviour Go forth into all the world take no care for any thing one coat no money not a staffe no nor sandalls these went bare-foot preached diligently expecting onely what God moved peoples hearts to bestow upon them for they beleeved that God that said The labourer is worthy of his hire would not suffer them while they laboured to want That Rome testified against Rome admitting truth for truth though living in Errour yea many of these preached against the Errours I say not of the Church but of the Court of Rome wisely as it was beleeved covering their mothers nakedness with the Fig-leaves of their temporal acquests but all were not so politick some spake plainly against the Bishop of Rome in all Ages and preached Rome Babylon and the Pope Antichrist and it might well be for Rome come to the height of outward greatness so that the Mahumetans who look for an earthly Paradise excelling and abounding in all carnall delicacies could not have desired more it fell into the sink of enormity all debauchery riotousness and prophaneness and exalted it self not onely against God kicking with the heel now she was fat but above God under the power of the Keyes for she dispensed with the very Commandments of the Almighty giving licence not onely to unlawful but even to incestuous marriages which hath filled Christendom so called with all those horrible and direful effects of wrath upon all Nations which now of late years have fallen out especially upon the Kings Princes and great men the great Merchants whose lusts would admit no denyal and so traded with this spirituall harlot for some of her trash and paint to give a colour to all their incests murders perjuries lyes adulteries rapines thefts extortions and such like and let all the families of Europe look to themselves they boast to be descended of Kings ally'd to all the great Princes of Europe but have they not therewith an allyance to the judgement which will it is probable follow these sins till the blot be utterly worn out and let them look to it they hold not but by this beast and will be destroyed with her mistake not I say not all Kings or kingly power or Rule or Government but the issue of Incest and the spawn of unlawfull Lusts I must now return to 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
might be just but the way of undertaking disowned and they soon quelled by the valour and policy of the Lieut. General who had also with as much confidence as cunning strangled it formerly at Ware How warrantable all proceedings were I cannot at large here discuss but this is evident as souldiers they could not so dispute the matter but their way was unjust what ever their cause was as Subjects they could but Petition untill a lawful power or just necessity headed them This awhile obstructed the relief of Ireland together with some scattered scrupling objections as that the Land was theirs Originally ours by Conquest onely c. Which Arguments admitted would reduce us all to the mountain of Arrarat and make all Nations fight there if they could finde them till they had the possession which onely they could prove was the first indubitable rightful possession of their first Ancestor after the flood not that I think it lawful for one Nation to dispossess another at lust but possession anciently acquired is just till lawfully evicted and if the contest be drawn to the Swords decision it is at least lawful on the Conquerors part But really what ever appeared in it all these were but the stratagems of the defeated party of the King to foment if possible new quarrels among the Parliament party to give some new hopes to their dying yea dead-hearted cause who meeting with discontented hot and eager spirits were easily seduced yea so as to declare for the necessity of introducing the Son when themselves agreed to dethrone nay execute the Father and so far may men be seduced by false interests but some did highlier engage declaring the Parliament no Parliament and charging of some men eminently instrumental to their own design as absolute Traytors yea higher then the King deceased How things came to this height is not worthy the controverting here but this I must say the Author was a man of a high spirit and good natural parts a great sufferer for the common Cause and promoter of it but in stead of reward expected sleighted in what was acknowledged to him as duly merited and upon mistakes as he avowed imprisoned by his own party thus highly exasperated he engages a strong party with him who urging highly the failings of others by opening errors lay the seeds of new divisions as is objected against them and he is upon this miscalled or called the Prince or Ring-leader of the so called Levellers wherein I shall to clear all interests on foote speak a few words concerning Levelling and that both properly and improperly that is both as it holds forth a just Rule and is scandalized and an unjust end and therefore to be rejected and the contest is but the same of Satans old way of malignity There are just things held out under the name of Levelling which he would hide and his instuments therefore I beseech all holding forth a profession of Christianity to walk worthy of their high Calling to which they are called in the Lord Jesus not to expound take or receive things matters or persons into obloquie or honor for mens sake or because of Interest sake but according to the rule of our holy profession Levelling then may be considered first improperly and so injustly that is for a forcible taking away the property of rich men or men that have any property be it more or less Now this is divers as first under colour of a Title I take away the estate whether reall or personal of my neighbour and will by no means come to either restore or arbitrate the business but knowing the Law as now used will afford a debate lasting and a trick may overthrow as aforesaid my neighbours just right and if he be but poor or patient he will be quickly disheartened and I shall gain my end and injoy as justly even by colour of Law what was with detestable injury forced from another this was the great beam in some mens eyes and called legal Levelling the most unjust of all if truth it be so which is much feared being in all mens mouthes The next unjust Levelling was a Tenet that the poor had an interest in the Commonwealth as well as the rich and that every man ought to have his portion and that the great rich men having hoarded up the Treasure and joyning house to house and field to field they had so much care for the private that the publike was neglected yea that the immoderate heaping of estate was unlawful and that there ought to be a proportion above which no man might rise and to remedy these evils they would have all estates cast into a common stock and the land at least divided equally and surely they had a great president in a famous Commonwealth which twice in a short space for such a Revolution or I am deceived did such an Act but the Common-wealth was Heathen and I know no Rule for us to walk by their example unless the Word of God allow it The next unjust Levelling is by forcing not an equality of division but a perpetual community as supposing all evils to grow principally from the infatiable thirst after riches therefore these propound Not now to apportion estates and after to settle propriety and admit buying selling and transmutations of possession and so an alteration of the first settlement by degrees but to vest the whole interest in the body of the people and to settle allowances first for exceeding vertue as Magistrates and all for eminent excellencies imployed in publike trust according to their set and unalterably appointed degrees and next for the multitude according to a like set and unalterable proportion except by the publike Magistrate appointed respect being duly had unto the number and condition of Age or Youth and other qualifications according to the plot laid down in that exquisite piece of Sir Tho. Moore intending as I conceive the perfect Idea of a Commonwealth according to the rule of Nature perfected by Evangelical Doctrine and sure it is were such a State from a voluntary and unfeigned desire of well and righteous living voluntarily established it were an earthly Paradise and that it is not impossible the pattern of the Lacedemonian State overcomming the most difficult parts of it plainly declares But its thought fit not the powers onely but the body are to be convinced of such things moderately and wisely not by indiscreet agitations much less perturbations of a State they are to be left to their judgements God will effect assuredly such things as he hath determined in his appointed season Another Levelling here called unjust that is from error continued or by force attempted as was objected some so pretending being instrumental in renewing wars and to cause out breakin gs is in them who were thought happily to settle or attempt the settlement of their own private frame of Commonwealth by such means but truly though some assist and others more wise declare themselves not
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
4 If the ordinary Judges be not meet give sufficient assistance 5 Manslaughter Bailable by a certain imposition 6 All idle persons not able to give account how they live to put in good bail or go to the Work-house or c. 7 Councel to be admitted all men but one and no more and he only to speak as to matter of Law if dissallowed and the Counsel will appeal let him put it under his Hand and then the Itenerant visiting Judges to allow or disallow and punish as they see cause Chap. 40. p 162 163. shewing 1 That debts are to be recovered 162 2 First out of the personal estate if that suffice not then out of lands 3 The abuse of this discussed 4 The way to enter a Plaint opened 5 If satisfaction be not what to be done Chap. 41. p. 164. shewing 1 Wherein the great Charter of the Subjects priviledge principally rests 2 A speedy and safe way for trial of doubts for lands propounded 3 Affidavit under Hand Seal of a Justice with another witness to make two witnesses in Law 4 Obedience must be rendred to mistaken judgements 5 The unjust complainer or detainer to be fyned Chap. 42. p. 164. shewing 1 Courts of Equity may be allllowed but 2 Not till the Equity appears to the ordinary Judge of Law and be by him transmitted to the Chancery upon his Oath 3 Let then the Decree pass within a time prefixed under a severe penalty 4 Let all Orders be read and ingrossed as made in Court and signed 5 Objections against Courts of Equity Chap. 43. p. 165. shewing 1 That experienced evils must by lawful wayes be remedied 2 The work of Equity is fit generally for a diverse Court Chap. 44. p. 165. shewing 1 Students of the Municipal Laws of any Nation worthy honor 2 It s necessary to have sufficient incitements thereto 3 These were heretofore too great and were grown destructive 4 The duty and end of Pleaders laid down 5 The fit way of their due ingagement to the Commonwealth 6 The respects due in that course to them 7 The Objections vain or of little weight to the benefit Chap. 45. p. 166. shewing 1 The use and conveniency of Practizers as Attornies 2 That many must not be admitted 3 Their Fee to be set by the Magistrate 4 They and Lawyers to be fined in case of misdemeanor Chap. 46. p. 166. 1 That its fit to administer Oath to the Debtor of the true value of his estate 2 If this will not satisfie it s more beneficial to the State and to the Creditors benefit unless to satisfie the appetite of Rereage to make the debtor a servant then a Prisoner if servitude be lawful Chap 47. p. 67. shewing 1 That the all-wise God instituted servitude therefore not simply unlawful 2 The real wisdom to a rational man of that institution 3 Boundaries must be with Christians to the Masters power if allowed 4 Reasons why debtors should either be prisoners or servants 5 Whether the wife and children are to be servants with the husband and father 6 Good government will make that few servants thus will be ingaged Chap. 48. p. 168. shewing 1 What Vsury is 2 The reason why it came to a settlement and was made a Law 3 That farming of Lands came in upon the like reason 4 The loser and ill husband only complaines of both 5 That its looseness of Government pride laziness and gluttony more then moderate use that undoes any man ordinarily So over-purchasing 6 That Vsury is not forbidden Christians 7 No difference twixt that and letting lands if any 8 Mony more advantageous 9 Both fit yet to be moderated by the Magistrate Chap. 49. p 169. shewing 1 That tortures are against the light of Nature 2 Against Christianity 3 That though evils have been dâ—…ected by it yet not being a certain rule it s not to be practised as a Law by Christians Chap. 50. p. 169. shewing 1 That all publick Offices are to be born by the publick purse 2 That the Offices and stipends ought to be made certain 3 What is the publick Revenue Chap 51. p. 170. shewing 1 That ideots and mad men must be adjudged and provided for by the Magistrate 2 Their estates ordered for the benefit of their wife and children and self 3 For this Judges in certain must be appointed and their power Chap. 52. p. 170. shewing 1 That Bond or Copyhold tenure was but a dependent upon Knights Service and the rest and they gone that should go 2 The Nature of the thing wholly ceases so should the Law 3 That the continuance is not only illegal but visibly destructive to the Common-wealth by unjust dependences 4 How to settle it legally if not oust it Chap. 53. p. 171. shewing 1 How frauds grew notorious 2 The difficulty to get Laws against them or punish them nourished and encouraged thereto 3 The best way to prevent them 4 The Legal cheat of custome contrary to Law 5 Fit to settle Disputes of Inheritance justly 6 The punishment of frauds Chap 54. p. 172. 173. shewing 1 Errors in Magistrates or Laws breed dislike of both 2 How England stands so affected to Juries 3 Justice is above Magna Charta and works no dispriviledge 4 What to be done with Christians before suit commenced 5 No suit till a Magistrate legally deputed allow the same 6 How to be entred for a Tryal 7 Within how long time after cause of complaint 8 How the Defendant is so brought to Answer 9 Tryal to be speedy 10 Jury to appeal how many to a Jury 11 How to be qualified and the reason 12 How Judges of Law and how to be punished in case of Error 13 bound to give the Court reason for going against their evidence 14 Other Qualifications requisite 173 Chap. 55. p. 173. shewing 1 That judgement ought immediatly to follow the Verdict unless just cause in Law appear 2 Execution ought to follow judgement and for both let the value be secured or deposited 3 If the person be present to sign the judgement and give caution to perform it or be imprisoned if able 4 If no Execution within twelve months after judgement Judgement to be void Chap. 56. p. 173. shewing 1 Offenders in putting in unfit Jurors to be fined 2 They also that draw Jurors Chap. 57. p. 173. shewing 1 That no man should be distreined in that whereby his Family immediatly lives 2 That due apportionment of distress for publick Service ought to be Chap. 58. p. 174. shewing What punishment is fit to be in cases of waste Chap. 59. p. 174. shewing That Commons are one of the great sores of England 2 The several sorts of Commons and why and how granted 3 The rule of Commoning is now lost 4 The evils arising thereby 5 The Remedy 6 Free Warrens and Fole courses considered 7 Now an opportune time to settle all advantageously and how Chap. 60. p. 175. shewing 1 That certain Magistrates must be
or suffered by the supremacy of power so that truly the Law saith the King can do no wrong that is the Law by the supremacy of power enables him not to do wrong and to speak out the whole truth to men of the meanest understanding This law and the right understanding and executing of it is the highest Prerogative of any of Gods Vicegerents in higher or lower sphears and is the agreed Rule of common good as before-said Now our great error and delusion of late was to give that to the person which was due to the Office and to subjugate the Office to the person and not the person to the Office which the Law would never admit for the Law that is the purity yea tanscendencie of Reason leaves the person of the Prince naked in case of Male Action though it censures not in all male administration where it admits him positively to judge I shall give you an example to illustrate for if the King enters a mans house disguised and offers to vitiate his wife daughter c. and be slain of the father husband c. it is but as the death of an ordinary person and truly by the principles of the setled Law be he known it is no more I shall put but one Example more A Traytor is by vertue of the Kings Writ brought before the Judge Arraigned and Condemned the King grants no pardon which I suppose he in such Cases cannot generally though it was done customarily nor uses no legal peaceably way but by force personal sets himself in Act by his Guard to take this Traytor out of the hands of that Justice to which in his Politick capacity he hath Sentenced him and the Sheriffs men defending the Law and the Guard by the personal command of the King seeking the overthrow of it by taking away illegally the prisoner and they fighting about it and the King running in he is slain it is no murder by the principles of the Law which owns not the King in this Act of Tort and Force and takes no notice of the death of that person as King who in Law dies not for the Law cannot now take notice of it because out of his Sphear by this it is evident to what end the Magistrate is cloathed with so called Prerogative namely the advance of publike interest Now as in this sort it gives to the supream Magistrate the glory of the Courts of Justice and the disposings of them as one part of Prerogative so knowing the honor of the Supream Power cannot be maintained but by some set way as it seems the Ancients provided here so much of all sorts of provision both for the Kings Family as also for his Stable at the so called Kings price exceedingly abused besides the so called setled revenues of the Crown namely Crown lands Fee-Farm Rents c. So it also provided for Emergencies and that both for charges upon the sea and also for the land by Customs now so called Fines Forfeitures wrecks of the sea how unjustly soever land deserted of the sea lands of Ideots Treasure found goods without owners Tythes of lands out of Parishes and the like And upon these or any other matter if any debt did accrue it was satisfied to the King that the Commonwealth might not lose before any private person could be satisfied one penny the abuse of this was grown intolerable but I here treat of Settlements and how long since it was in the Kings case it matters not for no slipping of time could prejudice the Kings Title as in case of a common person who was tied to sue within such a time or the time might be pleaded in Bar as was justly enacted Now the reason of this was just and good preferring publike and universal good before private and particular yet this proved offensive oft-times because it was made the instrument to absolute Injustice while restitution was made to the King to the evident destruction of a stranger that is a third person whom the Law left remediless yea though utterly undone and begging from door to door It was also for the same reason construed to be Law that in all Grants made by the King they should be taken most beneficially for him and that they should not erre to any other construction then what was manifested in the body of the Grant that is the plain letter must be taken and no implicite construction of Law shall be taken advantage of against the good of the Commonwealth as against a particular party And lastly In case of Grants it is void if it appears that the King was deceived in his Grant truth these originally just things after the fatall wisdom of the Law was politickly perfected came to be made the Mystery of Iniquity for it was said the Grants were made according to these received Rules for the Kings sole benefit whereby he that was once made the Kings Officer was ever after scandalized for a Knave and he that was once the Kings Farmor Grantee or Debitor his estate was alwayes after esteemed incombred Now this was more feared when it was granted to him by Judgement of the Judges that he in Temporals might by a Clause of Non obstante dispence with any Statute Law and that though the Statute saith such dispensations should be utterly void as it was in the time of Henry the seventh the beginning was in Edward the fourth not so plain Acts of Parliament bind not the King unless especially named Now these unhinged all our Liberties for by the one he was not bound except named and by the second he might dispence how-ever named therefore these how ever used I cannot reckon as legal Prerogative I now proceed with Prerogative called Just that is That the King or Supream Power for the benefit of the Commonwealth have the estates of those that die without heir for no private or particular heir being the publike is rightly preferred so if they purchase who have no right as Aliens they have also given him those Royal Mines of gold and silver lest such things in Subjects should raise them so high as they should be able by leavying Arms to contest for the Supremacy and attempt a Tyranny Now this if agreed as agreed is most just They gave him some honorary respects meerly as for example That the Lord should not seise his Villein in his presence how justly may well be Quaeried For if just to be done why not more just before him To which may be added That Amerciaments Fines c. which had no exact literal Rule as offences made by Statute punishable by the Justices at Sessions with unlimited Fine or Amerciaments were said to be by vertue of his Prerogative as his Iustices that is they were to Fine at discretion that is according to the nature of the fact respect had to the Law that is saving his Freehold or not to the value of his Freehold or so that he should not for to pay that Fine be
person or running the Gantlop and this by the judgement upon vote of the Officers of Troop Company or Regiment if the Regiment be there Seek not many but fit souldiers but look none keep Arms but those charged or allowed by the Militia or Justices as now one is fit if not of necessity I have now but one word to the Commissioners and Officers and in them to all Officers of Trust Judges and others be strict in your duties to your Supreams and require nothing but just things and obedience will flow of it self it is the Military power that in all alterations of State gives forth the Rule of Government from their order is the Nation setled Reduce therefore your Discipline to a just and setled Rule and then each one labor to beget this opinion in your Souldiery which is truly a Christian as well as prudent humane Maxime That the riches and safety of the Master is in the emulation of servants but as that so this must have a just emulation and by that the Army and so the Commonwealth will be established and preserved but this emulation is fit to be a little better known It consists principally in the glory of doing good but that doing good is materially in avoiding or hindring of evil I mean they that will faithfully serve the Commonwealth must not only keep the Laws themselves out of conscience of their own duty but also see to and as much as in them lies that is as lawfully they may in their places enforce the performance of them by others the want of which hath so disordered Civil Government that he that requires or advises but the obedience to the Law or a just and consciencious regard thereto is thought nay called a busy-headed fellow a Roundhead a pragmatick self-conceited shallow-brain'd fellow Turks and Heathens will rise up against us Gent. you it is that must redeem Authority buried in the ashes of politick mercy which hath destroyed Kings will ruine this Commonwealth ere it hath the honour of a settlement unless the prudence of power set it on his legs again with the blessing of the Spirit of the eternal wisdome without which all mans labor is in vain But I proceed with my intended settlement Whether Indictments or Appeals are to be pursued in cause of crime or both HAving done with the due regulation of Arms which under God are the great staies and support of men to assure their peace quiet repose enjoyment of what God by their friends or labors hath vouchsafed them for I must agree that the foundation of humane happinesse subsists in the providence of the Almighty however he useth us as instruments that is gives success to our endeavors thereto We come now to look at the civil settlement in the remainder and first because the criminal part of law is of most and greatest concernment as looking at the life of man I shall therefore look first at that now in this the difficulties causing difference are these in an appeal there must and ought to be witness besides him that appeals for he is the accuser and that either in his own right or as next of kin but all for private benefit Secondly there the dammages are to the party and it is a personal thing proper to the complainer and he may desist when he will and compound as he will The Indictment is at the suit of the supream Magistrate solely for the benefit of the Commonwealth and the State hath all the goods and all dammages and the prosecutor or complainer is here a witness for the State but at his own charge which is as now used unjust The Interest therefore of the Magistrate the Subject ought here to be compromised rationally for assuredly if life goes for life dammages are cut off as unfit or of unequal value to be rendred for the life of a man therefore the heir or wife or friend who should bring an appeal as I conceive ought to have no forfeiture some recompence may be where the life is lost as in all cases of Murders and voluntary considerate killings and in all appointed duels not in heat of blood especially if for ought the Law gives a remedy for great abuses dispunishable by Law it seems not reasonable but of this more after Now for to clear this indeed it is requisite that there be as is justly supposed in Law an Attorney for the State whether called Clerk of the Crown Clerk of the Peace or what other name you will give him setled in every County who upon a set day each week by vertue of his place should receive all complaints and that upon oath himself being duly sworn and then by and with the consent and advice of one or more Justices should frame an appeal generally thus I do challenge you A. for the peace of the Commonwealth to answer to B. for the death wounding c. of C. whereof you are accused and let B. and another witness make two witnesses and upon the finding of him guilty let him be fined moderately that is so that at least a fourth part of his estate be left him The like Law also in case of Maym wounding c. whereof two parts to the party wounded c. a third part to the State to bear all charges for it is not fit to add charge loss of time to him that is before oppressed in case of life let life answer life unless by misadventure yet then he must be fined but not to the party but to the State and that but to a third part of his estate reall or personal to bear charges and where the life is lost the charges must also be apportioned in like manner For the leavying this the way is before set but for discovery of estate there is the difficulty but in Lands admit no trusts for deceit nor uses to cheat and the estate in the Land will be visible and take the goods in possession at the time of death and all is satisfied that can be expected Only let a set time be for Creditors to come and be satisfied also that the Common-wealth be satisfied and the members not ruined undone and impoverished Thus shall both interests be satisfied and the multitudes of legal quarrels by indictments c. will be quitted which have freed many rich Murderers Poysoners c. and of other offendors multitudes when there have been poor prosecutors That this must be done in the County where the fact is committed is owned Let the transferring him from one County to another when taken out of that County be setled in an easie and speedy way and that a Judge be there ready to determine such cases weekly if not daily however to examine witnesses immediately upon Oath which all Justices must have power to give as they see cause therefore make wise and honest Justices better then yet are and let this be taken as evidence as far as is credible and let not witnesses stay
the Councel be highly fined All these matters are subject to devolve into meer Form except Justice in the Supream Magistrate aws all for according to their example do all others frame themselves therefore it is still fit they be under due and visible regulations How Debts are to be Recovered HAving briefly passed these Heads I come now before I come to treate of the way and manner of Trials particularly by twelve men to treate of the Civil Policy as diverse from Criminal and look at that as it looketh at Liberty Goods and good Name And in this I shall pass over the Introductions to Debts which are Trading Bargaining Selling Giving Granting Bequeathing and the like and the consequences thereof now as to this all Revenge is but bestial Satisfaction is Rational Now the satisfaction must be either from Lands or Goods Lands for the benefit of Posterity ought to be preserved as much as may be therefore till there appear no Goods there ought to be no Process against Lands but as the evil present is alwayes heaviest so the liberty of the Parent is to be esteemed above the future advantage of the issue and then the lands are to be sold Our Law holds forth things just enough I cannot in my conscience but say the fault is principally in the Practiser and the Judge the one to move unjust things the other to determine them although I believe many of the Errors were brought in upon Prudential grounds rather then Legal or to avoid the rigidity of the Letter originally For thus it stands the Law being thus anciently that first Goods then Lands then Liberty was to be seised for debts c. upon a just and proportionate Rule necessity found wayes to evade Quaere the Goods and they were others Quaere the Lands and they were aliened and to run through the difficulties of all these Trials the burthen was found too great and therefore the Law of imprisonment at first by Atrest was brought in That it is against Priviledge that is as used I believe it highly but that it is against Priviledge duly used is not to be deemed We ought in all things to remember we are Christians our professing well and practising ill makes bad Christians nay meer civil ones Atheists and keeps good Heathens from Conversion Surely now we by our Laws make such multitudes of poor that we see no way to relieve them and therefore we exact not the Law of common distributive Justice I dare not be too bitter The Lord write upon the hearts of Magistrates such let me say Christian affections that the poor may be rightly maintained but that is not my task here therefore I proceed If any Debtor be let the Creditor come to a legal Officer appointed and there Avow in the word of a Christian that such a one is truly indebted to him in so much and shew particularly how if the publike Officer knows the man responsal let the Debtor be immediatly summoned to answer to the Creditor for so much be it by Bill Bond Book Promise c. If the Officer knows not the Creditor then let the party be summoned and if he denies the debt then let one legal Witness for all men are not to be admitted Witnesses Avow by that I mean a Protestation in the name of a Christian as before a Magistrate that he knows the thing then if the party satisfies not the debt by a day let a Plea be entered No more but thus A. of such a place impleads B. of C. for ten pounds which he ows him upon a Bond or Bill or as the matter is Then let the Debtor answer thus B. to the complaint of A. for the debt of ten pounds denies the debt promise Bond c. or pleads so much paid and tenders the residue with submission to the Order of the Court. If he appears not let an other summons go by way of exacting the party or parties to appear under the penalty of the value of the debt if he appear not nor any Attorny for him being warned let the goods be immediately seised and inventoried by one sworn man or more and apprized by sworn men as they are truly worth then to be bought at the first hand to the utmost of their knowledge and let one Justice of the Peace administer the Oath to appear equally and indifferently between Creditors and Debtors then let a Jury of twelve or six men such as shall be lawfully called of the next neighbours capable of the great trust of such Judgement sufficiently qualified with estate to recompence knowledge to discern and faithfulness to act according to knowledge for such ought all Juries to be and then the Trial by Juries is excellent where the matter needs or will bear the delay except you shall so enforce obedience that Trials may be speeded as called then the debt proved let not payment be till all Creditors be called in and then let their debts also be proved not allowing above forty dayes for all and then let the goods be divided into three parts if there be no other estate otherwise three parts of the whole be distributed proportionately as the respective debts amount a third part saved to the Creditor c. And the same Trial that settles the goods let it pass the lands and let the Seisure of the Land and Sale be by the publike Magistrate but all enrowled in a Book for that purpose How Lands are to be Recovered SUrely the old way of State and Seisin so called in the simplicity of that Age was good but to speak it once for all it is the Magna Charta the great priviledge of Free men that they may make Laws according to necessity I write not this to destroy but enlarge the Subjects Priviledge who now by the practike part of Law are deprived of the just end of Magna Charta and all else I know there is a conceited humerous generation that are content with nothing but the Letter of Magna Charta and others as much against it I shall equally walk equally between them It was then a good boundary to the Prerogatives of Princes and power of Judges and it were better to follow that truly now then to be again ingulphed in as vast an Ocean as no Law in the variety multiplicity and difficulty of Laws for how many things literally observed would plainly much prejudice the Commonwealth but I proceed Lands then in case of doubt must receive a Trial as for other matters of value before a publike Judge the course by a short complaint at a day set for both parties with their Witnesses present who can prove the matter in question or upon Oath made that they are sick or such Case as is allowed upon Oath taken before a Justice of Peace the Affidavit of such persons may be read attested under the Justices Hand and Seal Alwayes provided the Affidavit without another special Witness doth nothing and in Case that the land be adjudged
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
necessary well being of a Common-wealth Let the Magistrate neglect a due care in this But I presume it is fatall however let not the cloathes and colours which are the Ensigns of Majesty Honour and special Vertue be made not onely common to mean men but their ordinary Liveries and for servants of all sorts let their Rules be set and let others do as they will so it be ordered that they bear all publick charges at their rate of private expence Whether Titular Honours be consistent with a Free Commonwealth IF it be supposed that the Quaere be whether the Commonwealth may admit them or that they be ruining of such a settlement in themselves It is not intended to bring it into controversie the Magistrate may do it and the State may yet stand but the Quaere is onely of Prudence For the honours being hereditary and native from Monarchy their tendency is thitherward and while the root remains and hath but any sap there will be sprouting each day which will labour a re-establishment so that prudence in a resolved Commonwealth would not so much as in any case but that of necessity grant such Titles to be at least claimed of right but let only vertue proper exalt the man and then a Commonweal of all settlements is the most happy establishment which God grant may be first held forth then practised and that will assure a lasting Government for the shattering of States is Pride and Emulation of Competitors for principal management which in an interval of peace is as natural to natural men in such a case as Sweating What to be done in Cases for which no Law is set or the Law clearly abused annulled and antiquated SUurely there is no offence no transgression but it falls under some Head of general Law yet Circumstance may aggravate it so that to quash the thought of it in the corrupt heart of man there is exemplary punishment requisite upon this account The lying with a maid-child under ten years of Age consent or not was justly made death But put Case as trial was A man abuses a boy at the mouth whereby the child breaks out with pustules c. in the letter it is not Sodomy Buggery c. for which the Law provides but a filthiness of a worse nature so some of the old Earl of Castle-Havens abominations so the business so called of Mopping in Star Chamber tried in an extraordinary Court and brought in upon a challenge between two at least one great spirit This for criminal matter so for all defects and deceits which be remedied by Statutes Supplemental so called of the Common Law that is since it was presumed that there was no Law for which there was not an adjudged Case in the Year-books leaving the Rule of the string to go by the bow or in some things which ought to be remedied but now cannot as for example A. sojourns in the house of B. his Nephew A. hath divers Nephews and Neices upon whom he would settle his estate being old crazie and not able to stir abroad B. finding his Uncles and Kindred to endeavour a just and equal settlement according to A. his intention they come to A. for that purpose A. gives it under hand and declares the pressures of B. to settle all upon him and that he knows B. will make him alter all to this weakness hath Age brought him B. after this shuts the doors against Father Brothers Uncles Friends and all and will suffer no one to see A. or speak to him the Magistrate is complained to he hath no power A. is thus imprisoned it is fit to be provided that the Magistrate should take a sworn Clerk and make A. his Will not to be altered but by the Magistrate sent for by A. but it cannot be done that is lawfully and A. is now kept a prisoner till death his estate as informed all seised and converted by a debauched man a rebellious disobedient son and ungratious Nephew Thousand such things are which while the Magistrate is tied from the Rule by particular Laws lay as heavy judgements upon the land especially upon the Supream Magistrate who as a wise and good Physitian ought to have a salve for every sore The Rule of Law is Quae sunt minoris culpae sunt majoris infamiae these things which are unjust while profitable and unpunishable are the Tetters of the Common-wealth they do spread daily Therefore it must either be resolved the Magistrate in Ordinary shall punish them as the Cause is that is under the Rule of the head Law if plain or not criminal or criminal respectively otherwise to attend a meeting of divers Judges or the extraordinary Judge for Criminals and in the mean time to secure by bayl or imprisonment as the Case requires And this must be observed no Judge to be punished for want of Form if the Act tends to the speedier settlement of the Commonwealth and doth the Act in person Whether Duels be lawful or not and other Trials by fire and water c. As in the trial of Witches suspition of Adultery c. and all doubts I Shall first treat of Duels which is without question unlawful in all Cases yea of the greatest doubt But first to speak to plain Cases most of which are disgraces affronts c for which the Law gives none or not considerable satisfaction or reparations Now it is clear in Law and Reason that when words and signs become dangerous and prejudicial the Magistrate ought to provide accordingly to repress King James made very rational orders in the very cause of Duels but saw them not executed which disgusted the most discreet spirits but it was evident the catch was but to halter the great men in the Springe of the Star-Chamber Law such policies never throve yet Piety when the end is Gods Glory with the peoples good not particular persons interest is the best policy Let therefore the Magistrate no longer count words light while they bear the weight and price of blood but repair every breach give a just recompence for every loss and then punish transgressors severely in such Cases for many think they may justly become their own avengers where thc Law affords no remedy The example is evident in stealing Dogs so called for pleasure which hath cost Lives and Ears The Lord Marshall did take notice of some of these matters but not all and that with such delay and difficulty that the parties were better try it shortly therefore for all words give speedy remedy let the complaint come presently to the Judge and receive a trial accordingly as the Supream Magistrate shall order For the second part which are difficulties suspitions c. we have no infallible word to warrant it the practise arose rather from Heathenish Superstition then Christian Faith therefore we are to leave them to Gods judgement and settle the matter rather some other way as of lot in Case of doubts in civil claims which