Nimrod who notwithstanding he had elder brothers yet took the power of government upon him yet it s conceived he went no further then the government of his own family the heads of families appearing in the same age with him in the offspring both of Shem and Japhet and t is not probable that in those times the government was mostly such for they might have enough in one family for one man well to govern considering the many hundreds of years those ancients lived and the mind of man might well then be contented with it the profit was care and the honor duty and the end only safety against brutish invasion which course is as most natural so most conjectural untill the contrary be proved And most assuredly as their families increased even after the dispersion so divided they the land as well as in the dayes of Peleg and though it may be conceived that in this dispersion and confusion of languages the seed or occasion of future Discords Wars Jars and such like was sown yet it is probable that the earth in the fulness thereof being before them and the remembrance of kindred being fresh they did not immediately break out into blood by forcing a disseising or putting them out of possessions who were in but those unprovided sought out habitations and their numbers in their respective progresses increasing they sent out what we call Colonies The chief leader or Colonel of which was as is most likely the most Ancient who also gave forth to them the general law of their fathers whether traditional or otherwaies and the next in degree of age as the fathers of many children were accounted as chiefs next that cheif or King and these by Scripture according to that phrase in the time of Moses writing when now the world was grown to some setlement in disordered order were called Princes But these soon wax out the remembrance of their neerness of blood for surely where God was not regarded man was neglected forgetting God and his Law and private interest increasing the issue was divisions Wars and Jars The just might separate and divide as did holy Abraham and just Lot but the wicked fought for it and by power obtained their will and that law or liberty of blood-letting once admitted there was no stint of strife they renewed the Wars as the season of the year gave opportunity and with this strife out of all question came in against the law of nature the servitude of man to man and therewith also a confusion of families as to pure discent But let us pass on and hast the Lord makes now his family in the houshold of Abraham by especiall Covenant of promise with him and his seed rejecting all other Nations Yet how that rejection wrought is difficult for Melchizedech Abrahams contemporary was a holy man and assuredly kept purely the law of his fathers supposed of Shem though living amongst the accursed Cananites so Pharoah King of Aegypt to whom the Lord communicated his error in taking Abrahams wife and more especially Abymelech King of Gerar who apprehensive of Gods indignation for the same thing prayeth as one and that not only of himself but as of a Nation that knew and kept the Covenant of the Lord Wilt thou also destroy a righteous Nation said he not she is my sister But to proceed This Abraham is called a mighty Prince yet Arms but three hundred and eighteen this confirms what was before asserted shewing what Kings and Princes then were for these were to fight four Kings and manifestly proves the generality to be but heads of families though the Assyrian had now conquered many families mark also Abrahams complaint for lack of an heir urging his power and estate to difcend to Eleazar his chief servant These things are inserted only to lead the weak reader in a plain path way of historicall narration therefore this one example might suffice but this must be more then seconded both in Isaac the child of promise and Jacob and his progeny Isaac was Abrahams heir both of goods and graces yet falls into the offence of Abraham his father and for safeguard of his life denieth his wife And as a King governing his family hath issue Esau and Jacob Twins and although the birth right of divine blessing is by Isaac given to Jacob yet the temporall inheritance was to Esau which primogeniture is several waies and in the right of it acknowledged to Esau by Jacob whose substance was the gift of his God in and for his faithfull service he performed to Laban But le ts hast to see Jacob in his full grown family discended into Aegypt and there continued the time appointed by Gods promise during whose servitude while the yoak of Pharoah gauled the necks of his off-spring the way which God used to perform and fulfill his promise of freedom t is strange to flesh and blood you can look for no other government upon their shoulders then the whips of the Taskmasters untill the time of deliverance from the Lord comes who raiseth up Moses to be their saviour and leader but the judgements of his mouth during the whole course of his government were for the greatest part extraordinary even from the mouth or Spirit of the most high God which although it shews how nigh a relation holiness and obedience can work betwixt man and God yet so far it sheweth not ought as exemplary to us in our present Magistracy either the superior or subordinate in ordinary jurisdiction neither the Acts or judgements of any of those Judges afterwards in such special causes of evident supream either direction or assistance neither during their forty years peregrination in the wilderness nor in their daies of rest untill they called for a King nor indeed at any time That is we are not to take what ever one judges supream or subordinate in ordinary jurisdiction or legall government say as a binding word issuing from an infallible spirit or accompanied with such divine directions But according to the respective laws and customs of the place and Nation wherein we live ordered according to the reason and necessity of intervening accidents wherein those general rules which nature teacheth of self preservation and of preferring generals before particulars and general and common good before particular alwaies presumed nought be done contrary or destructive to any part of Divine rule must by all men as was by them be observed But seeing all that Moses did was not extraordinary let us a little view his behaviour in the course of this narration even of that man with whom so extraordinary a spirit rested for his first actions I leave the reader wholly to Scripture only this he was under persecution from his infancy being then exposed to the mercy of the waters only for what I shall specially aim at shall be and are his acts judicial and those either in referenre either to Church or Common-wealth The first law of Moses mouth was not only
therein still and these successes against him whom God would cast down engaged them the more speedily to effect their intentions and enact a disbanding of the Army lest the Army should disband them This hastens the Armies march to London I am consident altogether unresolved what to do the work which God now called them to was higher then ever and the presages were the ruine either of London the Army or both certainly there were many who would have put it to the Tryal but the Citizens wisely considering that the multitude of discontented persons poor and necessitous were as great if not greater dangers within then the Army without and that lose they what they could by compliance they must lose more by opposition they admit the General The Parliament is now shattered many of the Members being taken and imprisoned are declared as guilty of the bringing in the Scots and might as well if not better of the several mutinies in England on the Land and defection of the Ships at Sea London is now Garrisoned the Arrears which were great there intending by want of pay if possible to dishearten the Souldier are strictly ordered and the Seat of the beast there that is Pauls Church the Cathedral made a Court of Guard and such Members as would avow the proceedings with the King excluded the House Ireland all this while was to the Parliament almost as it hath been with me a thing not regarded but now there are thoughts of that and the Army setled under a certain number with a settlement of pay respectively and order taken for the settling the Navy and Generals sent forth there is great thoughts of the necessity of doing Justice mens minds had run no higher generally then happily to bring a Lord or two to the block but lo God raiseth mens spirits to that height and brings them to it by degrees that they bring even the King himself to the Barr of Justice O that every heart may tremble at the work of the Lord he hath here manifested his power let all Princes tremble Charls of England the best of Kings I may admit but the worst of all other men for none hath such obligations is the example No Nation had the like mercies with England the hand of heaven had planted and watered us we were grown rich our eyes stared with fat and our bodies sweat under the pride of apparel but our Religion was formal and all our improvement of outward mercies were to licentiousness the poor were naked idle and unprovided for the Law held forth righteousness but the Judges and Ministers made it crooked or broken the rich men only were imployed the honour of Magistracy was rich clothes and a full Table but they were too good to take pains Now O all you Magistrates see God hath plucked him out who was prayed for as the light of your life and the breath of your nosthrils the fountain of your so called Honours your Idoll and hath broken off not only the palms of his hands and his feet but by the Sword of the Lord hath cut off his head as an offender against the Laws which he was entrusted to be the chief Keeper of I write it when I still see with grief men great in riches able in parts think scorn to be left out of Offices and places of trust as neglected but put them in and if they have nothing else to do they think that a work below them I avow it just if God should turn them out of all and set the Plough-man to be their Lord but I see yet no Justice for man to do it yet that they should be punished is most just but of this more seasonably afterwards men that will may see God in this and admire I know many pious Christians enemies to this Act who yet adhered to the Parliament in all the Wars and contributions thereto against the King yea in the offensive one but their stick is the Covenant I would have such rest content 〈◊〉 their own innocency in the fact they might have opposed if then they resisted not let them now be silent seeing the Lord is high in judgement That party of Parliament who transacted the affairs of State now still keeping the name of the Parliament though assisted with or guarded by the Army and in that saving to us our due Rights and Liberties of equal Law and property After this fatall Sentence proceeds to the sentencing of others both of high and low estate and enact the alteration of the State of the Nation from a Monarchy the Government being grown wholly confused the due regulation of the Prince the priviledges of Parliament and the liberty of the Subject being rather not to be distinguished then destinguished rather treated on in the Schools then by themselves and our Laws though the ignorance of them excused no man by the Judges or Senate then by the many concerned whether Executioners as Justices of the Peace inferior Judges Constables c. or the poor multitude yea all our Cities and Boroughs lost in their Franchises and Towns lawless in all kinds so that there was a kinde of legall levelling or theevery grown common Was it not high time for the Parliament of England to step up God raised up some spirits and but a few they attempted high matters feared not the frown of a King nor the combinations of all neighbour Princes which was threatned but resolved to establish the work God set them about And I let them to know God hath plained the way unto them there is no opposition but Self they have been Gods instruments for great works and must be yet for greater success doth not always demonstrate the truth God may suffer them in many errors for one good sake What he intends I determine not but may conjecture that themselves saw God Almighty intended an alteration of that frame of Government which was in this Nation What to settle is their work and how to oppose this settlement was now the endeavour some things I fear in the many Counterbuffs which God had given were taken to oppose which were never so intended though they might be tendered inopportunely and under the time of the grand design of Petitioning As namely some Petitions which though not burned by the hands of the Hangman as that was presented to the ungarbled House yet it was for some things it may be justly distasted in the whole disowned and called or rather miscalled as seditious by some interessed persons to render the whole odious Rainsborough is slain and no due enquiry into his death or Sir H. Cholmleys supposed compliance with the Pomfreteers This in an unsetled State where though faith was highly known and pretended to on both sides little was acted by the parties controverting but as men adopted enemies to new attempts and that from grounds given forth plausible enough for the Engagements at New-Market and Triploe-Heath c. were made the outside of the design The matter proposed
is such that it is one of the most destructive for there is no conscience of an oath with the most and though it be visible there is no due punishment Gentlemen you that are at the Stern whom God hath lifted up in the height of his power and placed in seats of Eminency do not trifle away your precious time let speedy care be taken to settle this poor distracted Nation look not to your own works and let the Lords lie still there appeared in you a strong dependance upon God give not wicked men cause to blaspheme Rowze up your selves and consider God hath a controversie with the Nation and will not be appeased with all Offerings except Justice and Righteousness be done Let the Complaints of the poor afflicted distressed come to your ears who have great wrongs injuries and oppressions and none to relieve them Yea let the cryes of quiet peaceable men come to your ears who are oppressed only because not willing to return evil for evil rayling for rayling stroak for stroak action for action To sue is to perplex their minds ruine their estates if they have it and bring them at least to a wanting condition who lived well not to sue to be sued and forced to compound at the legal Theeves Will. If poor the Law is chargeable equity unreasonable and get a Lord Chief Justice Warrant so called Order of Reference it is derided not obeyed after much expectation loss of time and some expence by the poor Sutor You are on earth in Gods place and must to him give an account let not your eyes sleep till these works of Righteousness be setled There is great complaint of Inns Alehouses Taverns c. encreasing under your Regiment for the Lords sake look speedily about you let not your Officers as the Kings set your honor to sale for the increase of their Fees you are yet in a slippery place the promises and engagements upon you are great and the expectations of the people high and those most considerable of your own party are the highest their spirits breath after just Liberty they see how you toss and tumble all the Rubbish of the Government of the world to find fit stones for your building Truly they dare say among all the Christian Princes practised Rules Edicts Orders Statutes Laws c. you cannot find materials enough to lay one step to the Throne of pure Justice in the supremacy of power and they therefore much fear lest you should stumble at the same stone of offence with them and place the excellency of your eminency in power to do rather then doing Justice and when you get a little strength to stand on your selves to think and by power make good you are as they accountable to none but God there is no clearness in the walkings and actings of men because yours are not so But most will hope as they pray for better things and although they knowing the great burthens which are upon your shoulders cannot desire so much as some do neither will they nor dare they as others think much less say most likely to render your actions odious that you seek nothing but your selves and because you do not all that is desired therefore cry out you sit to do nothing No all may see you have done great things but it is desired that some things of conceived necessity for your establishment be speedily ordered until with the whole they may be in due time established or setled As first for the breeding up of all youth that all Schools be supplyed with able honest and religious School-masters all according to one form and rule setled by the Supream Magistrate And so the Universities where the youth are yet rather poysoned then profited and though the humerous conceit of Caps and Capping and such like be justly waved that such a decency be ordered in the habits of youths as may not adapt the mind to licentiousness many wise men placing much in things of that nature and to that end that all youths habits of both sexes at least may be ordered throughout the whole Nation but especially apprentices and servants of all sorts So as at least to distinguish not shame that of shame only affronting not reclaiming and for all servants to be admitted their services by Testimonial under a penalty to the Master or Dame their wages to be set by the Magistrate or some appointed universality and absolute conformity in these even to unity may be pressed without just scruple of conscience For to speak once for all to make acts of common reason intendment and benefit for particular places by them in supremacy of power because by them asked and not by others is exceeding selfish which who ever hath purchased out a particular act can easily resent Therefore it is justly desired such things to be generally the same For prohibiting of new Inns Taverns c. and ousting those erected within seven or ten years unless allowed by your Commissioners and upon due and set cause to disable the remainder and allow others or fine to some purpose as receiving any to tipple on the Lords Day or dayes of publike either prayer or humiliation And that all things may hold a proportion that all Offices Honorary fiduciary or profitable be so distributed that the work intended may be done or the neglecters punished and that such as are faithful may know certainly to whom to make their addresses for many errors are seen and felt and the State is sensible of them in part as by the careful Orders issued out from the Right Honorable the Councel of State appears But how to execute them and not be caught in the witty springes of our present Cabalistical Law no Justice of Peace can determine and generally the more knowing and able the more wary at least in opening of the fruitless or rather destructively fruitful niceties past whereby the many are cooled to action For if they apprehend men dangerous That live high and yet can give no account how they come by it what should they do To imprison for no cause visible is hard to some not to do it destructive with others to prison in the Gaole chargeable and the place having no labor to busie body or mind fatall in Bridewell shameful and generally work they will not and all this from the want of due Law Next our Lawyers are eminently favourers of nicety of Law and open it to the ruine of publick safety for from an opinion that Lead is parcel of the free-hold of the Church to rob all Churches so called is so frequent that it is feared they will soon come to pull down houses No saith the Learned sue him and he hath nought to recompence the same so there must be visible actuall force with Guns c. to evidence a forcible detainer or the indictment lies not whereby possessions are kept oft times ten years together many seven sue they dare not the Law is so nice dubious and
lay to heart these things First that you are in Gods stead Next that there are many vows upon the Nation for Justice and Righteousness against the then and still continued unchristian uncivil nay inhumane dealings of man with man as man with God c. You stand in the eys of all all your goings are marked and all your failings graven to Record Publick necessities your own consciences and peoples complaints have plucked forth Declarations to men as well as Covenants to God the Obligations to men are still the same if the reason be the same And for our Obligations wherein we lift up our hands to the most high God truly though the Covenant as is said be out of date that is the end of the Covenant for satisfaction to the King to draw him to an union and conjunction with his great Councel be disobliged yet the seeking of the setling of this Nation the three Nations all Nations according to the Rule of Righteousness in love peace and unity yea the drawing of them to uniformity both in Doctrine and Discipline according to the Word of God that is by the evidence of truth and the manifestation of the Spirit is still the duty of all Christians for this had been a duty had the Covenant never have been it was before it and must remain after The present Age is in the learned part very acute at least to censure all persons and then assuredly the actions of Enemies You have many who foment jealousies from the supposed Errings and delays some to one end some to another but all of beleeving the old experimented Rule of the destructiveness of popular Government from the variety and inconstancy the dilatoriness and ambiguousness of their proceedings and unsatisfiedness of so many selfish Interests as are among them this is to bring in the Government of a King again Indeed multitude of occasions makes your proceedings slow-paced Instead of particular Acts which are unsatisfactory settle a compleat body of Government you have means of supplying all indigencies for if you improve your power to evident publick good who will oppose The Royalist and all among the Parliament party agree in many just things yet uneffected Justice is the preservation as foundation of the Throne If you will raign safely walk not in any of the wayes of them that fell before you the president of their punishment as their error is too nigh at hand Let no interest deterr you from your Rule Conserve indeed the real Liberties of the people free us from all those Legerdemains the sleights of Oppression and Tyranny What was unjust gain in the King let not the State demand there depend upon follow providence as far as you will and be as remiss and so called merciful as you please but in things just and evidently conducing to common good be severe and unalterable this is righteous In things difficult and doubtful first use reason and prudence discover the interest opposing and so proceed to afflict this wil breed both fear and love Alter a good and just thing though to a more just by degrees and gently for interests have here lawful pleas but in evidently evil it 's the glory to make speed Connive not there for an hour What is here driven at is the just Reformation of all our Laws the Reduction of them to a Rule and standard of Christian Simplicity You that are of the long Robe both in and out of the house you whose knowledge both divine and humane abounds as your abilities in outward as inward excellencies Judges Councellors and Officers of all sorts look not at ancient Customes but at the common Justice of them not how they restrain particular evils but as they conduce to universal good If you will not admit the opposition of inferiors do nothing but carrying that evidence of reason as may stop the mouths of fools as well as satisfie wise men Let Godliness now in this light be the pretious gain it s the Pearl of great price Surely there are things called Law admitted practically for Law and those opposed and complained of which are so notoriously unjust and irrational so destructive to the Nation as its the admiration of all men they are not amended 't is laid onely to the charge as a matter of Interest to be obstructors see in the day the Lord opposing every evil thing lay down Self and God will stablish you To you Princes and Nobles I say learn by Gods dealings with you to see Thrones and Scepters Powers Civil and Military Riches and Honors Wisdom and all are the gifts of the Almighty Wisdom The Hand of Providence holds them forth and disposeth them as it pleaseth You have been bad Stewardes amend your wayes God hath here and there taken all away otherwhere a great part most have suffered know God is able yet to take away the remainder seek not therefore in passion to break out what ever you do carry God along with you and that not in thought but deed assuredly the judgement else will be more smart and deeper in every change le ts see the Work of God upon your hearts change Profession into Practise of Christianity idolize not the Form but acting sincerely Zeal Holiness Austerity of Life in the avoiding the very appearances of evil but exemplary in Charity and that not onely in giving much but giving well ordering the wayes not of your selves onely but of your Families so that the nobility of your souls in the excellence of graces may speak you illustrious above ancient riches the Vertues or Vices of your Progenitors The same I may say to the Gentry and men of great estate City and Country know God gives you much that you may do much for him wherein is now your excellency Titles Alas they are but like Absoloms Pillar serve but to eternize his faults and miserie Good cloathes large Retinue as Revenew if not larger and they generally idle and so necessarily vicious Coaches and horses bountiful and luxurious fare as much spent to feed and cloath ten as well would satisfie each day one hundred and for one hundred as would plentifully maintain a thousand Is God honored in all this or is the poor profited you may think it for thus did your fathers and so did you but where is the Rule the charges of the Commonwealth if but five shillings are a burthen to you who spend ten pound nay a hundred pound nay a thousand pound in waste and they that have nought follow your example thereby believing they gain credit I now shall speak one word to the Army You have followed Providence make no Selfish Interest your Idol lest Providence forsake you be assured others have many enemies but for you how few are your friends there are great engagements upon you to God who hath with such a continued course given success to your undertakings I am so far from incouraging to Mutinies as I condemn them there are just wayes use them I would
draw all the world by the Clew of evident Reason and demonstrative Justice much more Authorities and when my reason could not prevail I would at utmost lift up my voyce in prayer with one hand and my heart and hold my sword in the other for my defence All that I say is be English men still war us not into slavery whom you were made souldiers to redeem from bondage but especially you Officers let not promotion cause you sit still because at case I cannot but give out one word of advice to the great and eminent City of this Nation you were sensible of evils past pride made you fat and you kicked with the heel Though the greatness of Trade be broken repine not break not out there is more lost in a day then can be gotten in a year vex not Strangers from your Potency nor Citizens by your Power Petition not against Will instead of Law in others and use far more irregularity and upon less ground your selves you heretofore gained the whole trading of the Nation into your company we are all English men shew us your Charter of Priviledge amongst the immunities of common Subjects will you admit that a particular Company in your City should of the Grant of the King have a priviledge to the detriment of your general Charter why should you then to the dammages of the whole Nation Agree therefore to just things give God the glory to part with quietly from the convictions of just Reason what you might happily hold either by Law or Power from your Grants if the Grant be now evil though not originally so for Reason making things lawful and being the bounds of Supream Monarches in general it cannot be excluded their particular Grants I know this will grate hard upon some among you but if Christians they will hear it were better to be less rich and less populous so more honest and better regulated you are at present yea after so long sitting under the Sword of the Vengeance of the Lord the sinke of abominable open prevailing sins you that should be the Head to the Body and the Eye to the Head in the greatness of Blessings going before others and being a Pattern and Example to all the rest as a Mother City as you have been stiled in the Nation you are not active for that glorious Regiment of divine Reason which as Christian is held forth to us in the Old and New Testament of our Lord and Saviour the Lord Christ Jesus you labour not in what is established by Law then sure it can be little expected that you should endeavor the Settlement of more it is a work of difficulty the opposition of the world will be but the world is overcome and this gives hopes of Conquest when we fight an Enemy that hath been beaten it s the course of the world to plead Presidents and then the highest are the best you are able do the work you have done much in settling a Magistracie in Chief set to the design this is of interest publike but cease not here fit them to the general end of Government as well as to the particular one of Opinion It s the way of all Corporations this may not be evil in Politicks but there is a better in States much more in Christianity And from you I pass to all Cities and Corporations You have evils every day which need remedy you spy errors in your Charters whereby you see you are no way able to act for publike benefit endeavour the Settlement by due consideration of just laws present them as is due to the Supream Magistrate let them settle the due priviledges and so enable by a standing Law the Rule of your Christian Government in a social frame Emulation may be hereby a spur to excellency of Order while the improving the same priviledges more or less will evidence the excellency of men which particular honor is the Bellows to blow up the spark of outward Vertue to a flame in a zealous or ambitious spirit And you rich men and men of parts in all places improve your Talents hold forth the Light God imparts to you for the healing of this languishing Nation The poor increase so vastly through continued and unrepaired losses at Sea and from the deadness of trading at Land that unless some course be taken all must to wrack besides the mercilesness of Wretches who sell the poor for a pair of Shooes some by forging Judgements and making folks to compound some under colour of Warrants breaking open of houses being Bayliffs and that at midnight and then by the Justice its said Justices of the Peace let go with onely restoring the goods again and this since acted in several places they passing unpunished otherwhere a Bailiff upon a Judgement of one hundred and eight pound upon a debt of forty pound out of the Common Pleas whereby ten pound sixteen shillings is due to one Officer for one Fee as dammage clear out of their estate who are not worth one farthing comes and makes seisure of a whole Shop of goods worth by estimation above two hundred pounds in Grocery and other small wares of Silk Buttons Lace Ribbonds Linnen and Woollen cloath c. besides all the Housholdstuff not leaving a bed to lie on or stool to sit on and these are by whole Sale as they say without any Inventory or due apprisal carryed away and yet no Judgement satisfied that is not fully forty six pounds is all can be made out of these goods Men constantly Arrested onely to force them to compound for stand out a Suit they are undone yet who becomes careful to give or crave relief in these matters Thus the poor and miserable people are daily utterly undone from Forms of Law and the priviledge is in the Form O Englishmen deceive not your selves and others with shadows These so more then evident errings wandrings failings and unreasonable unjust procedures of so called and proud of as striving for the name of best purest holiest c. Christians are the gaps and inlets to all those strange unheard of Opinions those Blasphemous and unnatural bestial actions and audacious Printings which there is such a stir withal in the world lay ought to their charge they recriminate and bespatter fouly and soyl hangs For the letter of the Scripture if Christians plead that they are gone it is as killing under the Gospel as the Law for the letter of Scripture and the lives of Christians are as different as life and death hell and heaven This in contemplative heads convinced of duty works high and assuredly brings forth all those Enthusiastick Rapsodies which so amaze the world these urge them by degrees to greater heights of so called zeal for Gods Truth and then after a Prophetick strain they utter things hard to be understood I cannot see any ground why any should be led away after them nor give any credit to their sayings No I rather believe it to be the
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
war discourage the souldier and in fine ruine them giving the King time to raise new forces at all times if they could not gain his person and this experience taught them so that after many cumbats their Armies streighted and broken in great part their full purses being profusely clean emptied for who being an English man did they think would have opposed the power of the Nation for a sole persons sake but by the just hand of God and to bring to punishment such offenders as the legal sword would never reach he inclines mens hearts to follow the King most of them yet Papists or meer formal Protestants and debaucht ones the generality of the so called Nobility Gentry and Clergy especially all in honor or that bowed to that Idol among them were also many men of very tender conscience zealous of truth and performing at least to men righteousness On the other side were at first all the vulgar all men generally eying God in his wayes of providence poor despicable creatures yet full of faith and knowledge these were of several opinions concerning God his Names Attributes Essence our Saviour the holy Spirit his service their own duty publike and private that is their duty to God and one to another But two especially were powerful in adherents The one called the Presbyterian the other the Independent the main differences twixt which I shall as far as I can here succinctly lay down not upon their nice critical distinctions as Schollars so called but in the plain way of rational difference Now truly I see no difference as to the points of faith they acknowledge both the Father Son and holy Ghost the end of the Sons mission to offer salvation to all but effect it onely to those believe on him whom he hath elected before the world began in due time calls and at last saves not for their works sake or ought in them but as he elected them not because of foresight of works but of his free grace so he saves them that good works and obedience to the Law are the outward Testimonies of a Christian but not infallible for the Law condemns no ne can perform it That Christ onely justifies They indeed seem to differ about obedience to what Law the Presbyterian having still an eye to the at least equity of the Judicials but I presume if throughly examined easie to be reconciled Their main differences then one would think might be easily determined but they are thought vast and irreconcileable and they are these First whether an outward and visible succession derivative not onely from the Doctrine of the Apostles but also from their calling so supposed is of necessity to the true Church which is really the same difference betwixt the Presbyterian and Bishop and Bishop and Papist the Papist urging it against the English reforming Bishop and so the Bishop against the present Reforming Presbyterian and the Presbyterian against the Independent so called now the plain Question hath this involved difficultie in it as I conceive That is what necessity of imposition of Hands for if it doth confer Grace an Apostolike vertue being tyed to the Successors of Bishops Priests Deacons upon that promise of Christ What ever ye bind on earth c. or I will be with you to the end of the world or inclusively from the effect of imposition That they receive the holy Ghost then it is of necessity but if it be but declarative of the designation of the person to the office of the Ministery then it is not of necessity unless specially commanded which wil also here shortly determine the business of Confimation of Infants which may seem to have warrant thus far in Christian Congregations That men and women baptized Infants and after they come to age walking blamelesly may and ought openly before the admission to the Ordinance of the Lords Supper be examined by the Pastor the Congregation or such as will present concerning the hope of their salvation which allowed to pray for the blessings of the Lord upon them and to confirm and strengthen them in this faith I believe is and will be acknowledged and duly practised in covenient time And last and in chief the Independent hold forth the particular Rights of particular Congregations that is each Congregation is subject to no other head but Christ in the things of Christ that is to govern it self according to the Scripture without any superintendencie of one or more persons or Churches so called that is Congregations of Christians The Presbyterian differs upon this as holding forth no order but introductive of an absolute confusion Now the reason of this high judgement is indeed upon very high consequences which rather the practises then the principles of the Independents declare for let the Presbyterian speak out and he saith the Independent razes the foundation of Church Government several ways and to profess the truth their Tenents tend to thus much and no more nor otherwise destroying Government or order That Rome is Mystical Babylon literally That all the Nations Provinces and Kingdoms who partake of the fornication of that spiritual Whore that is walk upon her ground-work shall partake with her in her plagues that this Cup which is in her hand all Nations at least called Christian have drunk deep of That the so called Ministry of England holding no Call but the outward or that principally and this derived from or by the corrupted Whore of Rome is no true Ministry or at least not the true Ministry That neither are the so called Lords Bishops nor the domineering Classis of Elders whether Parochial or Provincial the officers of the Church warranted in Scripture for the designation of Pastoral duty or ability That resting in the whole Church or community of believers gathered into Congregations That all of them being corrupted nay lost both in Doctrine and Discipline are to be gathered anew all that are in the Parishes though holding forth the profession of Christ yet walking clean contrary are not by the power of Baptism or that Covenant implicite that is being bound not by their own words but the confession and ingagements of others absolutely in the Church and so to have right to the Ordinances of the last Supper but that before they be received they ought to give satisfaction to the Church that is that company of believers to which they shall joyn themselves of their faith and the hope they have of their salvation and walking accordingly and these are hence justly called those of the Congregational way commonly called Independents Indeed the Presbyterian holds the same with the Bishop in every point onely the person of the Bishop as the Head or Angel of the Church is he in whom saith the Bishop the power of the Church specially rests and the great trusts of Ordination and Confirmation and so Excommunication The Presbyterians say in the Eldership The Independent in the whole Congregation It is truth these things were and are
yet no way punished Gods Sabboth contemned god-Mammon that mental Adultery of Idolatry is most of their sin common to them with their other brethren in the flesh by what names soever called or known And for the duty towards Neighbour there is nothing but envying and malice furfetting gluttony or drunkenness the Nurses to Adultery and Lasciviousness with pride in apparel and abundance of idleness which increasing poor increases and by them necessity and that brings Theft or Covetize or both and sure among such to swear in truth will not at all be regarded it will be thought cruelty not to tell an Officious so called lye to save thy brothers life which now makes it nothing to have lyes sworn this brings scandals upon seats of Iustice for these things known and not remedied if possible will asperse But some say some Judges make no conscience of such acts they exemplifie not only in Ship-Money but in ordinary Tryals while they deny justice by delaying and admitting the continuance of delayes in justice and sometimes go against their own knowledge in the Law as in the case of admitting such to read as they know cannot and more evidently such as are not capable by Law as those branded before not once but seven times whereby the Rogue is as preserved so encouraged and this because due notice is not taken of persons branded in the Calender nor Records penally presented in Court to which though ignorant persons answer they will not come there again but act their Villainies in another County wise men will not who know the Law admits no going out for it will prove wandring in such of necessity but with Certificate but the true reason though it cannot wholly excuse is the best namely they think the Law too hard and would rather have constant work-houses but there is two evils in this so just so righteous a proposal to change this Law for if either work-houses or due course of certificates were setled the Commonweale would be quickly rid of such vermin But then the first evil appears namely Clerks Fees would cease The next evil is the matter of charge in building repairing and maintaining the houses and Officers c. for a work-house in this age where building back and belly cat up all will hardly be maintained much less raised but to be well provided with stock and Overseers rather venture all There is complaint against our now Iudges taking Fees if so they do having yet 1000. l. per annum that Fees might be discharged But these Complainers have one word more to the Law that is they say the great Charter of Normandy they own rather to be the old Norman Laws before William the Bastard then the Law of England though he might well labour to introduce the whole plot Truth it will serve to discover the Reasons of our bondage and that 's all which while Copyholds are not discarded together with Crown Tenure we are not freed of For Fleta and Bracton they say they are the meer heads of Justinians Institutes a little corrected according to the guise of Englands Principles of liberty above the Ancient Roman or State of Greece in the height of the Empire Yet for that exploded by the Kings Iudges For Horn Britton Glanvil they are reputed more English but may be as well Scottish Sweadish or Danish especially Glanvil who if compared with R. Mai. Scot the old Tenures Customes Services Writs c. are the same word for word the other were they who drew the Traditions of our fathers into form by insensible degrees raising debased Engl. to a glimmering of Native liberty in the use of a body of law for it is plain Englands Law unwritten could not be well known by the vulgar Fortescue taking the advantage of the contest betwixt York and Lancaster declares more freedome happily then consists with reason in the letter Now all these books were altogether exploded Fleta and Horn not permitted to be printed but hung up by the licence liberty and all that was the common reading of the Lawyer was the resolutions of the Iudges in the so called Year-Books which have no date beyond Edward the Third there being then a stipend given to certain men constantly sitting in Court to report the reasons of the Iudges so that let them answer at their perill for now their reasons were permanent and brought to strict judgement Yet they still had their evasions in cases of great interest either for one Kings Title or other for Prerogative or Priviledge as particular respects engaged and providence favoured as was evident in the case of R. 2. and his Iudges which lay asleep from him till our late Charls revived it and suffered publickly for it as Richard did privately far the more manly and exemplary way of the two and rational it is for if it be lawful for man to give Law he may and ought to enforce and no way can be more consentaneous to order then that of the body Representative which is not in this case denyed either by the Regular Presbyterian or violent so called Interdependent only they deny this a Parliament as before is said These Reporters wrot till Henry the Seventh there are some fragments of Henry the eight Edward the Sixth and Q. Mary and Elizabeth taken by Students then and since which are called by the names of the Authors as Kelway Petty Brook Dyer Plowden c. with some particular assertions of others but none durst write freely Lord Cook put out several Books of Reports all which being principally matters of Title or betwixt party and party swam down stream Now in most of these were matters altered at pleasure for out of these books it is easie to argue black white and white black Reason was cut into such fine shreads of wit and form which is as vain that judgement was puzled to find something where there was so much of nothing and if any thing were it was so disjoynted a piece in 1o. Ed. 3. debated further 18o. further Process in 23o. and finished 31o. Jan. 24o. ultimo Regis Caroli Rex ultimus Brittannorum A subtile Oracle true and not true let matters pass as they will so that in such a confused study who could learn ought though helped with Fitz-Herberts yea and Brooks Abridgement for the old Books and the late Indexes the least too big for any book of Law for a Nation where each is to be supposed knowing of it and no man excused by his ignorance Now for the Crown Law of which we had no compleat Tract but Stamford the Lord Cook treating of that particular and tacitly in his both Jurisdictions of Courts and Expositions of Statutes holding forth not only the bare letter but a rational disquisition of the Texts they also were estopped and well is it say some if they have not met with a concealed Dominicane Expurgator or Jesuitical Emendator there being such hard hold on all sides for them and against them since published
chargeable this is destroying property in honest English for cutting up young Timber felling young stands underwood and the like with many other wrongs no law no remedy evident or practised Alter but the Law of hanging for Felony and this and a thousand things will the learned make Felony streight if you give but two-fold restitution or servitude for a set time to be by you appointed But especially look to give speedier Law in the proper places to at least the poor or small matters it is necessary to Commissionate some for the speciall Counties and that to determine all suits both in Law and equity the want of this is the main root of growing poverty and that upon Petition without formalities of Bill and Answer Declaration and Plea give a stop to cursory Writes of Error and regulate executions for under Sheriffs and their Officers have need of it if any I love the Reason of our Laws and am as much against Tyranny or pure Arbitrary Government as any man I honor the learned and upright Lawyer and would have vertue learning yea and service in all due Offices should be regarded and rewarded I allow the necessary dependances of inferiours in all ranks upon the supream or absolute powers respectively it is but the unnecessary fruitless or destructive interests that are opposed which every just man will stand for both with life and estate And by you Right Honorable in your prosecutions thereof let no private respect take you off it is not only reason but necessity calls to you for it therefore on in the excellency of strength fear not a clash with any corrupt interests whatsoever onely what is just let it be done justly it is the eminencie of Vertue alone can make your enemies hearts yours though power may conquer their persons By this time it is time to winde up my Clue of History wherein I profess in the presence of God I have to the utmost of my skill and knowledge waved all bitterness and what ever might justly give occasion of offence I yet know some will be taken by men of all tempers I nor no man that will speak truths in such a season of interests can expect to please all if it be hardly possible at any time I shall as God shall enable me go on the assistance of whose gracious Spirit I humbly crave and hold forth what the Law of pure reason agreeable to the divine word hath established to be the Rule for the exercise of Justice and of Righteousness among Christians But some will expect that I should speak one word to our so much pleaded boundaries to Preregative and Rule of Priviledge Magna Charta so called and the Petition of Right more then what hath been said I suppose needless to shew that they respectively in their seasons were but the beginnings of that freedome which the Subjects of those times breathed after they are to us or were before these divisions brake out but the reducing as I may say of speculative or notional Liberty into a way of practicall or real Freedome for what was before only in the breast of the Judge was now in English letters made obvious to each mans sense so that they after pleaded that Letter against any contrary walkings whether in the King or his Officers So that Magna Charta is not pleaded as the utmost due of the English Subject nor the Petition of Right but as those things which are so essentiall in the generalty to any Nation that even the Kings must afford them or they are not just And the Rulers must act accordingly or they are betrayers of Trust And if it be impartially discussed it will appear that the private interest of Princes or the power intrusted for publick benefit abused for self-ends hath been the ground of the principal opposition to Prices for where hath the excess of power or stretching the Law for publick benefit or honor of the Nation or against publick visible offendors been impugned no the lives of many Citizens and the confiscation of their estates not to speak of taxes or restraint of Liberty have been by the generalty praised and allowed though some prudent one might Stoically out of the fore-sight of mis-improving these presidents by evill men disallow such Liberty If a free-spirited understanding Englishman look upon the first Chapter of Magna Charta unless enforced through necessity to make use of any shaft to wound an Adversary yea though it flyes in his own face and wounds him what will he say to it for after the freedome granted to the so called Church the Preface or Assumption on the Kings part is That he having God before his eyes for the salvation of his own soul and the souls of his Predecessors and Successors of his own free will did give and grant c. the Liberties following to be holden of him his Heirs and Successors c. And these Liberties are there called Franchises which intimates the Kings gave them the freedoms there set down now who before had none and let any uninterested man look upon them and he will see they indeed hold a reason of policy but still subservient to the first settlement of the Bastard William there are many notable just things in it and surely such as by which the people were judged before the Charter granted but the people not having ought assured and before the power of the King the interest of Nobles the corruption of Iudges other matters rendring the Law then wholly incertain they sought this to clear up and assure their right as far as might be for Iustice ought to be like as the Elements are by the first intention wholly free Therefore the true understanding wise man saith That he inforces not Magna Charta as the boundary to English Laws or just Freedom or Christian Liberty but as a Catalogue of such immunities as were granted by the Kings to the Subjects formerly according to the then light the Nation had to ask and power to inforce for so they were pleaded by the Grantor many of which are now wholly ceased by time others have been altered some enlarged by subsequent judgements so called and Statutes and it is evident that the English now long and thirst after a rational setled Law in all the parts in the whole body taking the Law of God for the Rule as the Charter-Grantor did though the face of man was the visible Engine to draw the pleasant streams of Liberty out of the Ocean of Royal Power and although that succeeding Princes did never keep the Law wholly yet it was alwayes evident that a noble Prince that sought not himself so much as the glory of the Nation the Acts of such a one were seldom if at all questioned So that to give satisfaction according to the deep and often reiterated Engagements of the Nation it is requisite that some selected impartial honest understanding Religious Patriots be set apart as a Committee wholly to attend the collecting
Prince must bear sway and hath the preheminence The Heathens in glory of the Prince annexed the Priestly Office to the Superior Power not the Kings to the Priests and under Gods Law Moses was Aarons Prince or Father Aaron Moses Prophet Next the Civil part of Judicature was ever and now is clear and manifest except where interest or humour prevails and let that humour alone and it is ready to swarm into interest immediatly But this you will say determines the first part of the Question but the latter is undetermined To that it is generally answered that what power is necessary for the preservation of the peace of the Nation or Government is proper to the Supream Magistrate but an obliging power that is that simple obedience is to be given to his determination of but dubious matters in points of either Doctrine or pure Church-Discipline I beleeve never was nor will be yielded to him in matters circumstantially Religious otherwise barely civil was as generally agreed and will not now be denyed as concerning the time of Congregating the place and other Circumstantials for preservation of the peace of Church and Commonwealth yea if it were upon good reason the number that were to congregate provided there were enough to constitute a Congregation might be set by the Supream Magistrate and Christians bound to obey but this is only as keeper of the first Table not of the second Now to clear this it is to be known that if it be taken to be the Keeper of the two Tables so called to promote by all lawful means the glory of God as the good of men as all good and just Magistrates will and ought yea if it be by preaching himself or themselves and that either by word or Doctrine as good life they and all Christians are the keepers of both Tables and he or they as supream in power and so as more entrusted with means by God to do most for God then he or they who have the supremacy are by way of eminency the special keepers of them but that they are designed more especially to represent either the Kingly Priestly or Prophetical Office of the Lord Christ as head of his Church without the manifest tokens of more especial Grace and divine Revelation whereby to periodize the Controversies of their own Subjects holding forth to us under the same rule the will of God as the Priests under the Law is not easily discerned nor will I beleeve be strenuously urged The blessings which our Lord and Saviour held forth were meerly tending to his spiritual Kingdome and the propagating of it and given out to the Apostles and in them to all the Church as most sutable to not onely reason generally but the reason of that our King in his Transactions amongst them of this enough at present I come now to the last Quaere of the Prerogative of Princes 14. Whether Male Administration doth ipso facto dethrone Princes and give their Subjects power to depose them 15. And whether Kings and other Supreams may be punished by whom and how THis is a great weighty controversie truly Magistrates that desire to be flattered stand off you can hear nothing safely for your safety is your danger Now what we have said before tends much to the illustration of this point that is the due consideration of the end for which Magistracie is ordained for by the Law of pure Naturals no one is above another namely the preserving few against many weak against strong and right against wrong in Scripture phrase to be a terror to the evil and to that end not to wear the Sword in vain so that while evils are or may be Magistracie is necessary to be Now generally the defects and failings of Governors in themselves are not simply and alone a cause of neglect of obedience to them or the Laws by them for evil men may be good Magistrates but in case the Magistrate seeks to overthrow laws and all Righteous Government altering or crossing wholly the end of his ordination it is in this case clear he is not a Magistrate but he is a Tyrant an usurper an Enemy to Justice but then it is beleeved by some that the light or interpretation of this defection is in every man and so each man judges and may justly withdraw obedience and oppose This is gross ignorance no then every unjust man punished would be ready to rebell and miscall his deficiency Revenge of injury to the publique The Pope by the evill management among Princes of this quarrel brought the decision of all these controversies to his Tribunal and by the steps of seeming justice mounted the Chayre of Antichrist for he finding that the Ambition Pride Lust Covetize of earthly gods had raised up men against them and that many halings and pullings were between the Princes and Potentates of the earth and their Subjects the one to have all the power in their own hands the others to defend what they called sometimes Priviledges sometimes just Rights one while the inheritance of their Ancestors as what they had contended for and delivered to them sealed with their blood otherwhile their proper and natural birthright as dues to the people which no Power or Usurpation of a Prince could divest them of he politickly holding forth the necessity of an Umpire got absolutely into the Chayr of preheminence and deposed Kings for pleasure and Kings and Emperors and all for his profit Who would beleeve that now after five thousand years experience the world should not be able to unriddle this mystery the source of all our controversies is the Judicials not rightly understood for assuredly the Acts of their Kings is no rule for us or ours we are to follow them no further then they follow the light which God gives us all to walk by that is if you will look at their King it must be as bounded not as imitating the Kings of the Nations as not exalting himself over his brethren not as taking away the excellent young men and beautiful Maidens to be his servants and if so that he be under a Rule then he is not to rule not onely not evilly but not so well as he presumes he might unless it be made parcell of his Rule But if he breaks this Rule who shall enforce Now in this case it is plain that a Prince Ruler or inferiour Magistrate doing greater good then his Rule limits is in an error especially if opportunity were of having that enacted into a Law for men are men and to do so opens a door of jealousie 'twixt him and his people Next it stands as a president to his Successor Lastly it absolutely intimates either a neglect of the Law or seeking freedom by degrees from it but if this were evill or detrimental what remedy To clear this there must be a difference taken betwixt things partly destructive to the end of well reigning and wholly for unless wholly destructive threatning the whole community
there is no cause evident but grant it so we must then see whether the Prince be an absolute Monarch or limited If absolute then it iâ— the greater difficulty for there being no barr in such cases betwixt the Prince and lust the decision of the difference must be by the whole community at least the greater part and if they break out wo to the Commonwealth c. It is the difficulty to do just things in such extremities not the injustice of the thing puts so many barrs in the way and the evil truly is so great that prudence hath totally waved a liberty of such judgings finding the dear rate Liberty is in such cases purchased at But some Princes have by renewed Tyrannies trusting to their power enforced the multitude to lash out and great men for safetie to head them but when matters come to this pass it is surely a judgement on both sides Now all Christian Princes held this that they being all Typed out by the Judicials they forsooth were absolute Princes anoynted with holy Oyle and so apply all the Texts of Davids not daring to stretch out his hand against Saul his heart smiting for cutting off the lap of his garment hindering Abishai from killing him in his Tent yet agreeing the Lord had delivered him into his hand and that after the Kingdom rent from him and given by God to himself and he with holy Oyle also anoynted And lastly for his slaying the Amalekite who pretended to have killed Saul ahis request to themselves as anointed c. and upon this they get the heart to trangress Laws at liberty and even do what they lusted yea inverted the just ends of universal good for the enhansig of absolute power to their own ends only neglecting the publike claiming propriety in the Rights of the Nation as in private inheritance though truly to that end alone any power absolute or limited cannot be pretended to Now therefore I said the evil of common Rebellions c. hence arising The Pope the Lord Christs servants servant becomes the decider of the controversies of Princes when the Lord himself would not be a Iudge amongst ordinary men and by this string were the Princes of the Earth drawn to commit Fornication with this Whore and she thereby sate upon many waters but if so be that there be none but the Pope that hath right to depose Princes surely they need never fear But in case they be limited Monarchs such as all Christian Princes were having their estates Judges of their Actions whether they were called Dyets Assemblies Conventions or Parliaments they are to be judged by them Now to know whether they were Judges of their Actions or not it is only considerable in whom the main and principal part of supremacy rested for making and annulling of Laws war and peace and raising Moneys For as these were intrusted so was the supremacy and trust of absolute power more or less visible and if the Estates had the most then no doubt they may call to account yea and for ought I can see can be fetched from any the Texts aforesaid or any other may be punished but not by David no nor Abisha nor Davids six hundred The case was personal as to all Israel so the enmity was private and David and all these were but particular persons private men Now therefore to avoid the danger of general Concussions and Conquassions of a Commonwealth setled in popular order it is requisite so to temper it that the constant acting Magistrate may have a kind of superadvisor and the truly wise and honest will soonest yield Such as would be Tyrants if Kings will only seek unlimited power in Common-wealths let not this seem unreasonable to give presidents were easie but you will say facts prove not I have given reason and if that will not prevail what will the reasons are evident give a divine word and I am silent for all Saint Pauls give obedience to Magistrates and let every soul be subject will bear no more water now to free wicked Magistrates from due punishment how high in trust soever so the punishment be done duly then that of Paul Give not a Virgin in Marriage Force may suppress the opinion but wickedness of Magistrates will raise up their own strengths against them yea their confidents will betray them and if from hence you conclude I hold Magistracie a humane Ordinance then you must agree to what I hold forth for what man establisheth man may pull down alter punish c. But I say Magistracy is Gods Ordinance established for mans good and by man admitted under various names and notions which persons and Offices particular are the Conventions of men either by force which are void or Conventional and by compact which being civil are and may be enforced Now this is to be known that this is intended only still in Civil matters wherein just and good for the well being of men as men is intended not of power or obedience in respect of Religious Duties There are as I have said before evils in all States through the pravity of mans nature so that it is not the form of Government but the men that in Religion and Reason gives forth blessings unto a State and the degeneracie of men was never more then now and never more then among so called Christians Blame us not therefore if we endeavor to beat out the truth we have seen the glory of absolute States and also of limited ones and that both in Royalties and Republiques we know the vengeance of the Lord at the last which he we beleeve will repay upon the heads of highest proudest stoutest yea and their children also in outward calamities whether one or more whither Kings or States all their abominations with judgements answerable to his Mercy and upon this ground we are willing to let the Supream Power loose We have seen the abuses of these boundaries and bars to Prerogative and how they have oft upon unjust grounds engaged people to wars and brought great evils upon the Nations We have on the other hand seen the lawfulness of their Barrs together with their conveniencies tying up the ambitious nature of man and as they were instituted oft-times preserving a Nation from the gripes of a lusting Tyrant yea under them we have seen the excellencies of Order Government Temperance Chastity Humility shine in Princes as in meaner men and in the Chief Magistrates as in the industrious so called Commoner We have lately seen at home and do still abroad that great men in power put the evil day far away and if they have no aw upon them but the general Audit at the last day it is so far off their consultations that they are in a most lamentable woful case who find no mercy with them till that day I come now to the last part of this Question and that is how they are to be punished To which it is generally answered That they who have 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
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
by Execution to this end it is fit as most think to give a general Oath of faithfulness in their trusts although they agree it true that the generalty of men are just for Righteousness sake oath or no oath they are the same And so on the contrary but in a Commonweal in the State that England is now in it is fit to make Laws of this nature probationers for a time in each County and by due returns of what is done which is so required but neglected for that in all things its noted only from all Acts and Ordinances and Instructions earnestly required for a day or two and then rejected which is a great oversight in them supreamly concerned for it is visible all men are by this beaten out of the road of setled obedience and spin out time to attend the issue and that falling out as of old they will never be forward to service after so for service in Arms the forward appear the other slack so in Assesments upon the true value the forward pay to the utmost peny the other half no punishment but talking no deal gently thus is all sense of obedience to Powers and Authorities destroyed by the Powers themselves and their self-ended Agents seeking to make parties for one such time and person-server shall in this corrupt Age have more followers then 20. honest men But I return to my task If the supream Power have due returns let them see and judge out of the severall experiments made what is fittest to be the general head Rule and way of the charge of Arms It s visible in our condition at present the generality of the Nation are unfit to be entrusted but for accidental evils there can no particular remedie be well prescribed the general Rule wisely executed must be the top stone under God of the safety Magazines in the several Hundreds for the publick Arms of the Hundred or the chief Town adjoyning or such head Town or Town of defence in a County to be the Magazine of the County these have all their objections yea in a setled state all or any may be useful and in a distracted one may prove destructive now the difficulty is but to find out the best as we must say for the present temper of the Nation for its certainly true to settle unity love and peace and root out the jealousies and acerbities which are risen in a Nation its fit to have all the same general Law the Supream Magistrate ought so to administer Law that it be the same to all his Subjects To follow the crochets of Machivilian Politicians by transplanting souldiers is to nourish absolute dependences such as free Common-wealths explode only raise to an eminency of power to do good or evil at lust which is tyrannical no a necessary dependance is all here hinted which though some may extend farther then others yet while its rule is not absolute nor its constant practice there is no just ground for exception by this its plain the Laws must be equal that is respecting time place person estate c. and so universal now for the leading and conducting of these whether to place the whole under a general Command absolute and setled of a known Military Officer or of a Civil Officer as now the Sheriff and the other to be setled by the Supream power as need is is worthy enquiry yet easie to be determined for if it be looked into both will be seen necessary for the setled Law of England alwaies allowed the power of the County to suppress Riots c. and against obstinate offenders and oppugners of the Publick peace therefore the chief Judges in the County must have an Officer duly constituted who shall see to the execution of the Laws next to give the ancient Colonel or the Col. of Horse in each County the chief trust in order reserving special power of making an extraordinary Officer in chief is while Commissioners for the Militia are a Court resident the most evidently safe way Now we are come to consider a necessary engagement and that is the pay of Officers and Souldiers of the Trained Souldiers of the Nation To this it s easily answered if in actual service pay is necessary the doubt is only in time of peace now not to distinguish of peace as setled peace and disturbed peace intervalls of peace and war or outbreakings or fears I say in the most setled times its fit the Officer have some setled pay be it more or less as the Supream power thinks fit I shall not enlarge concerning that what the age of Souldiers is is not so needful ours is the best way that requires an able man of body and of this the Commissioners are absolute Judges It s not much requisite with us what rank a Horsman be of especially if the State be mixt Monarchy so called or Republical for honours engage not to a dependance that is should not but as the Law requires For offences done in the field and as Souldiers let them be tryed by the Commissioners for the Militia without any form of complaint legal or in writing that is so necessitated and let the Marshal see the Judgement executed For all things which now the Heralds exercise in Office and which the Lord Marshal did take cognizance of they ought properly to come to the Commissioners thereto appointed in the County and that for the Militia is the fittest for Honours arose from Arms and with them let the Records of Honors remain The Lists of them enrolled Souldiers Those authorirized to make and fell Arms Powder and Ammunition of all sorts Let them also have the sole power of watching and warding but by a like head-rule of a proportionate charge and let them have a set way by a joint consent at Sessions or as is by the Supream Magistrate appointed to raise monies to pay in case of necessity such as are imployed by them for the necessary peace of the County Let them appoint Superadvisors of Taverns Inns Alehouses c. and let them have their Licenses from them if allowed by the Justices at Sessions and you may make a Reservation of a Rent to the State to defray charges but to admit that entrance to increasing gain is a visible in let to all villany in enervating the good Law under colour of publick benefit which is most carefully to be avoided as the shelter to private knaveries Lastly the rule of punishments that is the general Law of punishing mutinous refractory and disobedient Souldiers and that both in actuall service and also in ordinary musters and trayning or better to express it appearing in Arms is to be considered and some other way thought of especially for trained Souldiers who are not in constant pay then cashiering or taking away of Arms for the despising of Arms is yet in mind and the honour of the trust of Arms is unknown it must be corporal punishment as whipping with cashiering some incorrigible rude unworthy
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
by loss of their beasts the ground spoiled and not half improved And lastly no due extant visible rule set which ought to be in all Counties anew and Rules for dreyning and improvement beyond what the Commission of Sewers can reach To avoid this it is necessary as in other matters to empower some Gent. to consider the Commons give them only their charges necessary at a set rate let them have power if you can pitch upon trusty persons to settle Commons if you will continue them otherwise to part them proportionably and improve them by severalties leaving a set part to the poor only to be improved for them according to order of the Commissioners by the overseers for the poor and the order recorded in the County-Book for that purpose and also in the Town or Towns if there be entercommuning this is the best way of the two as by experience meeting with more evils and remedying them then the other way is capable of in a present settlement and is assuredly far more durable Let free Warrens and Fold-courses be considered but not at the height and setled where they please in severalty this if wisely and prudently ordered will afford not only a great and most considerable improvement but will afford a mean of setling the Nation and may now be done without danger of Insurrections or Tumults And let but the setling of Tenures be carried on rationally plainly and prudently with it and the Generalty of the Nation will assuredly see the clear benefit of change of Government Provided they may have Justice that they may abide by that is know assuredly when to end as to begin and at what expence Who ought to have the oversight of Bridges Rivers c. NOw as all matters of right and wrong are under the cognizance of the Supream Magistrate who as he cannot by himself dispatch all businesses belonging to the Land but by many hands so much less all both at water and land and all the evils accruing and arising in from and by both Therefore it is fit to have a Magistrate specially deputed for cognizance of all such matters which now lay in the cognizance either of the Admiralty or Commission of Sewers or Iustices of the Peace respectively or for which any Commission is issuable upon any Statute with such rules as are necessary both for amending judging and determining matters yearly emerging and also such as are meerly accidentall and that in the respective Counties yet in such a way as the errors in the adjacent parts of Counties may be tryed without infringement of Liberties which is best by a mediety of Jurors impanelled yearly one year by the appointment of the Judges of one County the other year by those of the other County and so by course constant in those places we seeing the excessive charge and trouble of purchasing Commissions for let a Statute appoint five shillings only as in case of the Commission of Sewers you can have none under five pounds and ten or twenty pounds attendance to procure it Who are to be admitted witnesses in Judicial Tryalls IF Jurors be to have knowledge and estate and that in such manner as may answer the Trust then surely in some measure witnesses upon whose evidence the Jury is sworn to lay the foundation of their judgement so called Verdict ought to be men fit to be beleeved The Law principally looks first at infamy especially perjury but this being legal perjury the punishment was so penal and the Law so difficult that few were complained of fewer attainted Now this is sure moderate punishments severely executed curb more then severe punishments remisly or not at all The Law in the next place lookt at Excommunication for relations they are not valued in Law as to witnesses Assuredly he ought who is a legal witness to be of sufficient understanding next not convicted of notorious crime for justly what is the cause of rendring a man uncapable of the benefit of the Law or rejection of Church-Society ought to be admitted if proved a good plea against the witness yet let such a man speak but not upon oath for he that obeyes not man for Gods sake nor God for his own is not be allowed to call God to witness for in his acts he denyes him though with his mouth he owns him If it be askt Why heard Then I answer he may speak truth but is unworthy that sacred Testimony Therefore the Magistrate must from his words and probabilities and circumstances and so the Jury gather the truth of the matter but where the man is capable of oath let him be sworn whether 'twixt the State and Subject or Subject and Subject for right is the same There is also necessity to hear the wickedest mans Testimony though not swear him because we cannot alwayes chuse witnesses therefore estate is not requisite nor can be stood upon in witnesses as in Jury-men who are to be chosen For point of favor I find in this Age it is of great importance for such relations in Nature are generally preferred to though unworthily relations either of Countrey or City earth or heaven few men leave all for Christ Truth or Justice sake Therefore I would admit the notice of alliance but not the objection and hardly carry it upon such a single Testimony When Laws have their beginning and how to be promulged ASsuredly there ought to be a day certain before which in the several Cities Towns Hundreds c. respectively there ought to be an Assembly of the people those at least who are or may be or immediately are concerned in that Law and there by some one or more of the Justices of the limit or some other thereto appointed the whole nature of the Law and the reason of it ought to be opened and the people exhorted to obedience themselves and also to see that their Neighbours do the like which is of necessity But the inability of Iustices and difficulty of Laws have rendred the people wholly doubtful and stupid or petulant and stubborn And before such promulgation no punishment but of the Iustice for not promulgating or Certificate of the default of the representative for not transmitting the Law the same to be setled and published accordingly The lew knew all Moses Law the Christians Lords know not their Law they are all enshrined in the breast of the Iudge but enough of that The Magistrates duty to repress excess in Apparel THe mind of man is apt to take impressions of sundry Natures and education may assuredly rectifie Nature much of this rests in Apparel for vain light Apparel makes the spirit lofty not solid and changes of habit adapt to mutability of fancy a light flashing wit in stead of a composed judgement Proud humerous self-conceited and stubborn in stead of a reserved prudent debating or submission If the interest of setting many poor on work and supposition of enabling to pay Taxes can over-ballance the interest of the just and
better for see how Lent was kept lay in so much flesh before as served the household And so it would be ye will say for two dayes in a week I agree it therefore I say truly observed therefore as in the historical part I propound that the reason of every law be divulged and conscience from conviction of the benefit of it engaged to obedience and no way like that as the examples of Catholique abstinence now manifest But if the Magistrate would use force I shall offer the best and most reasonable way which is to send to every household in every town so many fish at an equal and set rate by him according to the number of his family so many fish for every head by the year accompting two daies in the week wholly for fish Now the benefit of the preservation of yong Cattell is great and warily to be provided for therefore let the Magistrate enact that all Lambe killed before such a day shall be forfeited and the killer and eater to forfeit a price So no Chicken Turky Duck or Goose till such an age no Rabbit till Midsommer And that in Two great respects First till that time they bear little grouth and do not much harme if well looked too Secondly the wool and skin is then serviceable Now for Calves the laws for rearing of yong Cattell must be made in them more certain for Bull Calves needs not in many places to be preserved equally as others some also are plainly unfit for to be reared at least by opinion Therefore there must be a loose to them more then others But to setle all to provide that every second third fourth or fifth Calfe be reared up or so much paid to the hayward of the Town And every Town to have one seems easie and feazible Whither losses at Sea by Piracy ought to be satisfied by whom and how ASSuredly the taking of customes c. engages the Supream Magistrate to the guard of the Sea now this done many think the work is done and customes are due clearly but the Subject must bear his private loss Others Christianlike say that there are providences which none can eschew and for these each one must bear his own burthen Next there are remote places wherein Traffique is thought setled Yet clearly in dominions of other Princes and States and that for any Supream Magistrate to assure their Subjects in all places is impossible Therefore the Engagement of the Magistrate must be setled First that the Piracy be within such a precinct or bound Secondly that it be a vessel of the Nation Thirdly of goods lawful but not that if any goods unlawful were in the Ship no recompence be but that recompence be only for lawful that is not goods prohibited whether for importation or exportation Fourthly to a Subject of the Nation in other cases let the customes of Nations prevail But in these cases it is just that Recompence be to the loosers by the Supream Magistrate out of prizes taken by his men of War which ought therefore to be valewed and returnes made Annually to the losers as their losses are proved in time allwaies provided a high punishment bee to him or them abuse the State Now there is great difficulty made of the proof of these things But we perceive it is easie to the State if the Governors have a minde for the lading will appear in the Bill or Cocket if they have it if not and That that be miscarried they can have what they can claime out of the office from whence they sailed And the Principal Merchants can quickly make out the work especially if all Merchants be brought under rules of Trade as they ought to be what ever is yet alledged to the Contrary How all Accompts for the Common Wealth are to be setled c. THis ought also to be done in the several Counties there are the men best known and their dealing Admit complaints to men impowred and that with speedy and due Justice and small charge and men in conscience will complain oft where little or no cause is but that is quickly ended But make it difficult and Envy and Malice are the only accusers men do accuse then not of but out of conscience only Let the times be set positively wherein to have all accompts cleared and yet let none be called to accompt upon error after a set time for I would have all formal accompts cleared and burnt once in seven years they are not worth the keeping let the Auditors be carefully assigned who are to prove the accompts and let the punishment be in case of Error or Arrears securing estate till cleared and the person except good Sureties be for it is clear it is the due prosecution of justice is the great priviledge and if nothing but securing persons will keep them in due order let the work be done For the Iudges they must have power to call to account as oft as they see cause but all to be ended with the year as aforesaid And let all Treasurers and Officers have their fees from the State as before Next let them have their offices onely during well abearing and so much in the pound truly for all discoveries of deceits and the work will manage it self especially if once the erroneous principle of conceiving it unchristian and unbrotherlike for a brother to enform of a brother be beaten out of the world In whom is the Right and Power of Calling Councels THis is a great Question much ado is made concerning it in the world and yet all to little purpose for that most spend their time onely in treating what was done but few upon what right it was founded It is not nor cannot be intended here who should Congregate the people in Civil Matters No it is intended in Questions doubtful troubling the peace of the Churches of God Now it is plain by what hath been said before that the latitude of the Magistrates power in these cases is only the preservation of the publick Peace otherwise he hath but the relation of a private Christian Therefore as Emperour King or State to settle or convene a Colloque Assembly Dyet or Councel Provincial or General he hath no Power in a Church-way It must be only prudentiall to assure or continue the publick peace in the best way they may wherein all things that are not unlawfull and be expedient become lawful But to assure the jealousie of the Supream power it is not requisite to have such publick Conventions without the Magistrates permission but to turn this sufferance into a Right was an Error Again for the Churches to desire the Magistrates permission and after to enforce a Grant or summon without was a greater fault for their profession admits less deviation just Magistrates will not deny the Churches lawful meetings while the Churches seek but lawful things lawfully Now as the Churches have the first insight as by Office into Church Errors it is their duty to
lost the glory of Pastors by preaching Christ and pretending for Christ and following the world and seeking Self so they must redeem their ancient honor by signal services Let love be even to Enemies and let the reducing of those that go astray be with that real sincere affection as they Preach Saint Iohn did his back-sliding outlaw given in trust to a Pastor or Bishop Let them be Fathers of the Church and brethren in Christ let them be eyes to the blind and teachers to them that are slow of heart let them be diligent and faithful in their places preaching in season and out of season looking at their duty more then the reward for by the vertual Succession or publike Designation they own the charge of the Lord is upon them and they pluck a wo upon themselves if they preach not the Gospel Lord dispel from their minds the rudiments of the world the superstitious reasonings of the flesh and all carnal Ordinances and give them the Evidence of thy Spirit that by thy Power they may be instrumental in this our day of high expectation to draw much people to the Lord. Holy Father give us Magistrates as of old men full of wisdom and of the fear of the Lord men of courage and despising riches let them make Thee their strength not trusting to their knowledge knowing that in case of a Kingdom appointed to ruine by God wise Councels and fair occasions avail not but are by a secret over-ruling Providence wholly inverted nor to their courage riches or power for the same reasons Let them not undertake War for Ambition nor as all Christian Princes and States of late have done engage in Oathes in policy and for stratagems let their leagues be kept inviolably the priviledge of Nations is above that of private persons let their Laws be not onely in the letter but the practise also the Indexes of pure Iustice let their Government be such a sweet mixture of Iustice and Mercy that may declare they seek Reformation not destruction the Glory of God not the benefiting of Self let them hear before they determine determine before they execute and yet execute so that Righteousness may be preserved free from the scandal not onely of false Iustice but also of too late Iustice Banish from the hearts of all such as thou shalt call to places of Judicature every affection that is dissonant to the purity of Christian Profession Let not form destroy the essence of Justice O Lord look upon all those that have power wisdom and riches whereby being eminent in their Generations they are rendred useful for thy glory that they may all of them improve the Talents that they have received to the end for which they were principally given And Father let thy many promises of building up Sion sending down the New Jerusalem setling the people in peace making them all of one heart and mind be fulfilled to us in this our day Many beleeve it is the great work of thy Glory reserved for thy Call of thine own people Lord hasten that time shorten the evil dayes for thine Elects sake and stir up all hearts in their respective places so to act as the vigor of all Christian vertues may be so apparent that all eyes may see the brightness of thy glory the perfect image of the Father shining forth in the conversations of the children Let all our emulations be holy tending onely to incite and stir up desires of more affectionate duties and services to the eternal Majesty not seeking after principally loose and accustomed liberty but laying such a due restraint upon all inordinate walkings that even propension to transgression may be chastised nay strangled in the heart before it grows to action Let the gifts of the mind in our Commonwealth have the first place then the excellencies of the body and let those of the world have the last as the lowest in the Sphear of Christian Politicks Let thy Kingdom even of thy Son the one eternal immortal invisible infinite Prince the Prince of Peace come let his Spirit so rule and raign in the hearts of the sons of men that his will may be so done of us here as it is in heaven that thou and thy Name may be glorified by all flesh even so be it O Lord. Amen Amen So prayes CHARLS GEORGE COCK Student of Christian Law Of the Society of the Inner-Temple now resident in Norwich FINIS Postscript As I find this VVork accepted I shall enlarge Isaiah 62. vers 1. For Sions sake I will not hold my tongue and for Ierusalems sake I will not rest untill the Righteousness thereof break forth as the light and the salvation thereof be as a burning Lamp Vers 6. and 7. Ye that are the Lords Remembrancers keep not silence and give him no rest untill he repair and set up Ierusalem the praise of the Earth