might be but now a clearer light manifests higher things or is so pretended to The main particular and worthy consideration is our formation of Christian policy according to the Jewish Model for we held all Baptized as Circumcised to be Christians Now of these how excellent Christians we have the Gallows Gaoles Houses of Correction for punishment and all places of vanity such as almost the Heathen would blush at Drinking Dicing Drabbing c. publickly known manifestly proclaim and though no rents to the State as at Rome for the Stews yet to the Statesmen they enhance Farm Rents c. for surely were there no advantageous interests they would not against common profession be upon so weak reasons as they are tolerated while winked at yet what is done with these Christians lo they are punished are they not Surely no not one of ten if one of a hundred and this punishment is the sacrificeing for sin and this past they are if it be but commutation as clear Christians as the best and being now become more serviceable to corrupt interests these spied out the lawful Liberties of better Christians which the Judicials not affording a whip for The Magistrate must be loosed from his restraint rather then not have an honest man punished this raised error upon error and opened this loose to the Christian to seek freedom from an unjust Law and to the Magistrate to seek to punish at lust But if you see through all the Apostles Writings they only forbid the sin and for punishment look at the Law in general which surely they could not intend but of the Judicial Now for the Commands of Christ the Lord and the Precepts of Love Charity Patience forbearance c. they are certainly true and to be observed and then the Quaere or Objection is what need of Law The Answer to this is as evident as the other That the purest Congregations Churches c. have had and ever will have evil men among them not only hypocrites but open sinners The error of the Congregations not ejecting or Magistrates not punishing or not due regulating by punishment rather shews the necessity of Law then the uselesness of it Now grant that the whole Nation were purely Church-Members of which no visible cause of ejecting or rejecting communion appeared yet there would or might arise many debates differences and controversies which would require a Magisteriall Authority to determine if but for difficulty And surely the Congregations of Christians never so little declining could not avoid litigations and wranglings and there being no word to extirpate the Civil Magistracie it becomes not Christians to wrangle much less violently to oppose so approved so necessary an Ordance That opinion that in the simplicity of the last Age as in the beginning the father of the Family shall be King and Priest hath little warrant that hath more that each Saint shall be so and yet in the mean time as hitherto subject to the powers yea the Heathen ones for conscience sake of the radiancy or glimpse of the Divinity holden forth in them It is truth pure Christians will not be contentious some meek spirits may and will obey the letter of Christ and sure they that do so in faith shall not fare the worse for their exact obedience but in the mean-time this is no binding rule to us except the words be so intended It is truth the child of God seeks not his own c. he is wholly taken up with God c. shall the Magistrate therefore see evil against him go unpunished Again love and not avengeing wrongs and praying for enemies in the spiritual sence may stand with the punishing afflicting and bringing to judgement the body of the transgressor in the literal yea God is thereby glorified otherwise how can the peace of good men be preserved against the wicked but miraculously which we have no warrant to expect at present and what shall be hereafter as the light manifests it self the Lord grant we may walk in it and also up to it and that our Laws may be established according to a rule of Righteousness even according to the wisdom revealed by God himself and that all emergent Laws may flow from the same fountain for for every action contingent there is as is agreed no particular Law already setled nor well can be but the Christian Magistrate ought to provide that not the least wrong or trespass but be righted or punished I must yet remove one rub and that is the Judicials have been our misguider hitherto therefore better any other Law then them 't is the same that was objected for using of formes whether of prayer or otherwise which the Church of Rome used and was partly spoken to before particularly in that all our old errors having sprung from that root that it is necessary yea some say of necessity to wave that for our rule lest we tread the same trace of error that was before our ruine and therefore better take our Laws from Turk or Persian or c. then from the Judicials Now let us examine this and all will appear vain for first it is denyed that the observing the Judicials yea though as binding as the prototype was the error of Christians so as to bring so horrible a defection upon our Judicatories We maintain not I desire to be rightly understood That this Nation professing Christianity is bound to the Mosaicall Judicials in the command to the Jew But assay to manifest that those Judicials were not our misguidance The Decalogue or Ten Commandements we all agree except in the set day of the Sabboth to hold forth but even what Natures light determinately approves whereby it is evident that sin is the same to us as with them which all the writings of the Apostles manifest Now the sin in the head Law being the same what difference in the branches either in respect of the severall species of transgression or manners of punishment Now as to these we all agree the error an error but we must differ concerning the â—nfliction of punishment which I drive to this head That the Law prescribed in the Judicial for punishment holds a due proportion punishing life with life goods with goods c. if so then that these mediums or rules of due punishment ought much more to be observed by the Christian Magistrate under the Law of the Gospel the glad tydings of peace and mercy then by the Jew and not to outbound unless after the utmost of execution the Law be found evidently defective which I presume it never will be under prudent Magistrates Now to him that sayes the observation of these Laws was our ground of error I say in the Ceremonials of Moses it was and that the receiving of the Judicials might open a gap to introduce that error the more facily I will not deny but that this must either cast out the Judicial or make us take the Rule for this in any just Law I
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
our salvation who was perfected through suffering but withal declares and it is plainly laid down a most triumphant time should follow whether here may be doubtful to many but hereafter is believed by all So that that weight of glory shall far out-ballance the sufferings which any one under went for the Gosples sake And truly the persecution even after the death of Christ was immediately great by the Jew and though God left himself not without witness even among the wisest of them as in Gamaliel Nicodemus Joseph of Arimathea Paul most notable and others yet there was little cessation through the great division and factions which God suffered them after the death of Christ to fall into Hierusalem being a type of spiritual Sodom gave warning to the believers in Christ to flye out of that Babylon that so it might be prepared for that first coming of Christ to Judgement which he did by the Romans the Eagles flying and hovering over that carcass untill the appointed time when by them it was devoured and now begins the curse upon the remainder of Israel of the ten Tribes Judah and the residue for their sins being not forewarned by the great judgement which fell upon Samaria and her children aggravated by that most fearfull imprecation His blood be upon us and upon our children which City thus taken out of the way the persecution ceased not but is renewed more bitterly under the heathen Emperors and their substitutes in the several provinces of the Empire and let us mark the Divels cunning all evils were laid to the charge of the Christians not only sedition and tumults against the State but the causers of those direfull evils of War Famine Plague Inundations which over spread the face of the earth but these could not be so well proved Though undoubtedly the interpreters of the heathens Oracles gave good satisfaction to them were willing to believe it but they had more evident Testimonies if publike fame had not been ever subject to lying they were breakers of all the laws of nature and nations and this had some foundation in sence and reason for they that taught that the love of the Gods was not obtained for nor yielded to good life right dealing earnest serving of them nay though accompanied with never so much inward zeal or outward fervor The Philosophers could easily summ the positions of the Christians into this General Doctrine and then let them alone to conclude that surely there could be no expectation that these men should do any thing according to the law but for lust or pleasure or profits sake and therefore counted them enemies to all civill moral laws and living and what could they then lay to their charge which would not easily be believed of them not only Adultery but incest not anger but murder not swearing or lying but perjuries and all abominations and though these things were not done by day their outward lives were civill and just it was in the night and though common Justice appeared in them to their neighbours it was Hypocritical their vitiousness was acted amongst themselves or such seeds sown as would infect a future generation And no doubt Paul having blamed them for going to law with one another but especially before heathen Judges which opinion they could not but hold in some part while their Saviour taught them so oft to forgive their brother and to him who would take thy cloak to give thy coat also these circumstances were aggravated as people looking at no Government no order no discipline Pauls reproving exhorting convincing perswading holding no communion delivering to Sathan were to them fancies of the speculative understanding and all his weapons not carnall to the destroying of the outward man but mighty through the power of God piercing even to the heart and reines and dividing the joynts and Marrow which their carnal religion could not comprehend caused them to think they did God good service to persecute and destroy them yet God left himself not without witness even amongst these heathen who not guided by the votes of the multitude nor swayed with words but substance did in all Ages testifie the truth not only evincing these charges to be lyes but the purity holiness profound sanctimony and exemplary chastity of the Christians was unparalleld and their trials manifested their patience invincible so that they overcame also as Christ their chieftain through sufferings and these were not only of the vulgar people but learned Philosophers and noble Senators and ever or most generally of the chiefest in esteem for natural excellencies and this was notorious that he or she that were the worst heathens proved generally the precifest Christians by which vertues at last their enemies were even overcome so that the very executioners turned Martyrs And though God oft afflicted his people and suffered them to be afflicted for it is evident that under persecution they grew most not only in holiness but in Number So that the blood of the Martyrs was found to be the seed of the Church it alwaies turned to their greater good and in his release from afflictions for God gave them ever and anon a breathing time they lost by Divisions Controversies Pride Ambition and such like of the glory of their sufferings which who ever reades the Histories hereof cannot but observe in persecution still praying meetings full and frequent Amities strong and lasting obligations mutual Engagements reciprocal And while they could hope to own nothing but themselves they quarrelled not for what they knew not they should hold and in the assuredness of propriety had a holy community of all things amongst themselves worldly cares were vain things Honors despicable Riches fatal husbands deceitful wives treacherous Children troubles all burthens but only Christ the Lord Christ was their Spouse their honor their riches their Treasure their safety their all in all release them from afflictions the world prevailed again the flesh domineered yet even then how many were most holy beyond present belief yet even then how many that left houses and lands and all in affliction for Christs sake in the storm would never return from the Churches habitation in the wilderness in the sun shine but wasted themselves in continual prayers fastings meditations holy vows and all exercises of the height of zeal counting all too litle they could do for Christ how many flourishing virgins thus espoused themselves in the Wilderness to Christ as well as to the fire to the beasts to variety of deaths and tortures for him in the Cities and Towns how lowly plain and painful were the then Pastors of Congregations Paul taught the labourer was worthy of his hire but lookt at a reward far above earthly treasure they were the first in holiness every one chosen who had most ability the set stipends were not their provokers but zeal for Gods glory what was given was not received then sure what was witholden was not sued for And now it was plain
divine they begin the question with the power of Calling confirming presiding in and adnulling Councels and ended in dethroning Emperors They who undertook the contest were wise and able and though they opposed a powerful yet it was a devout Emperor and shaken with homebred and intestine afflictions frequent in the decaying estate of the Empire this was heightened by what was then called zeal for Gods Altar after that branded for spiritual pride and accounted the highest step to Antichristian error opening the way to what ever followed with ease placing an especial sanctity in ordination from the Deacon to the Patriarch and so to the Pope gradually and in him not onely to primacy but supremacy so that what was before evidenced by faith and holy conversation was now solely attributed to imposition of hands this was a holy unction an indelible Character marking who were Christs God left not himself without witnesses against these growing errors in the several Ages wherein they were propounded to the world which gave some stop but one error ushering in another strengthened themselves so that at the last they shut truth out of doors But to speak of the particular errors upon the Quaeries arising among Christians First concerning the written Word of God and word in general of the written Word how we are to finde out the sense and know which is the true letter whither it may be translated and whether a fit Judge of controversie Secondly if not who concerning traditions and the way of knowing them which are Apostolical Thirdly the properties office and marks of the true Church And so Fourthly of the ground of faith upon all which with many more necessary and useful matters the whole frame of unnecessary superstitions vain sinful nay damnable doctrines arising in future time was founded I cannot at present at least intend any discussion nor may it take so well with the generality of men to have one whose study and profession was the Law though a Christian which general profession I esteem a full liberty to Quaery any so called Ecclesiastick or Church controversie but that indeed being not the main of my intention I shall apply my self to what is the scope of my undertaking in that way The God of heaven whose aid I implore shall direct my spirit The Bishops of Rome now labour an addition of believers in all Countries and not onely France and Almaine but even the remotest Ilands of Britain receive the truth the Church was to be universal there was a word of truth for it But as the Emperors and Princes of the world had by several experiences found out the best and quaintest waies of stretching their subjects purse-strings without cracking to be the gains and in-comes of sutes and controversies which being the vents either of malice in prosecution or victory in the issue and the party overthrown though miserably complaining were alwaies remediless generally unpittied for it was done by Law the rule of Justice The Bishops of Rome now begin generally to challenge to themselves not only for the honor but for the necessity of order special government by way of judicatories at first only of matters arising within the precincts of his government as Bishop of Rome but after it extended by way of supremacy the great injustice of all Princes giving colour thereto to pluck away causes from the remotest parts of the world after the Bishops had settled their powers and by them courts in any kingdom realm or nation And from particular controversie between person and person Bishop and Bishop he at last became the umpire of the controversies of Kings and by vertue of the necessity of a final appeal he gave away kingdomes as he pleased as the annals not only of Germany but of France and England do specially commemorate and now the name of universal Bishop would not suffice nor these large temporalities bestowed upon them by Princes but they seise the Cities of Romandiola Ferrara and Bononia and much more in the vacancy of the Empire nay the little Horn would not rest so contented but the Emperors oppose the Popes now produce the grounds of their actings partly from reason partly from Scripture yet both agreeing in the substance the necessity of an umpire in the Christian Churches that this absolution must rest in the Church whereof Christ was the head Peter his Vicar and the Pope his that all the kingdomes of the world were now the Lords and his Christs that he gave them to whom he would that this his Vicar was the most fit person yea the only fit if not designed for he was the common father of souls had the care of the Churches good upon him that not only all were alike to him but he bound alike to all the obligation too the Church only excepted This wrought conscientiously in many but actively in most though suspected of self-seeking in some covetize and avarice being the common error of great enjoyers especially in high and ambitious spirits whereby the Pope was not without his Champions against all opposers and as most pretenders do they did some justice extraordinary at first but when the notion of infallibility was accepted who could oppose now the Church was in its ruff and now the whole world turned religious and all Nations especially in Europe were become so great admirers of Christian profession that they erected Monasteries Frieries Nunneries and men and women were engaged on all sides all worldly obligements neglected for the service of their Saviour husbands forsaking wives and wives husbands Children and Servants leave Parents and Masters nothing so secret which confession could not unlock there was ease and plenty so that the Popes chair having so many feet it was in no great fear of falling but least the people should discern this the foundation of all is laid upon the indubitable word so called of God of which they are the sole Expositors and this by way of anology or similitude betwixt the old and new law Therefore they hold forth that as among the Priests one was cheif under the law so also under the Gospel and as the Priests so their lips must preserve knowledge as there was a bloody so here was an unbloody sacrifice and as there was a Temple so here another Church inferior Churches as the Synagogues the times of sacrifice are called Canonical hours and all the officers and offices of the Jewish frame are now brought into the Church and though acknowledged ceremonial in themselves and so passed away yet the mystery of them opened and the end relating to the service of God and his Christ now as before to God under his name Jehovah was allowed as necessary for his better service and as the glory of the second Temple was to exceed the glory of the first so the maintenance of the ministers of Christ and the outward lustre of service was to exceed it but that they might fulfill the measure of iniquity they bring in the use of
Images first into the Church only then for private devotion this was contrary to the Jews order but they answered first the Jews made pictures of false Gods they of the true the Jews in the shape of beasts and other Creatures these of man and that after God appeared in the likeness of man the Jews of God whom they had not seen they of the Lord Christ the Jews worshiped the stock the representation they had it only for a remembrance but these admitted now follow miracles which they call the sign of the true Church but that they might the better uphold their Monarchy they look not only to get some particular as the most ordinary and useful causes falling among men into their Jurisdiction as probate of Wills allowance of Marriages tryals of Adultery and Fornication but they labour to frame the Civil State according to the mode of their Ecclesiastick Hierarchy whereby the one should stand as a Bulwark to the other in the day of opposition The word yields the foundation to reason and reason of experience joyned with the interest of practicers confirms the the word and even from this time there was the foundation of an intire and universal Monarchy among Christians laid for it was supposed as truth that the Church of the Jew was the pattern and Type of all the Christian Churches that they were all to live as Brethren both under the Ecclesiastick and civil Regiment yea that not onely between beleevers of the same Nation but of the remotest parts of the world there was such a tye even by the right of profession that for their relief we ought not to plead too strict a property in our goods but freely to communicate to their necessities whether the same were by reason of persecution or famine or such like or other accidents of providence and founded indeed the whole fabrick of their Government upon the rule according to the Jewish Model and by degrees exterminating those Laws which were spied to be disadvantagious to their interest and for the absolute power of Princes as they saw occasion from the troubles of the Empire the weakness or religiousness of the Emperours indeed every thing according to the order of times made way for the accomplishment of the intended vision But this was no great piece of difficulty for the nature of the matter led them easily to it as it seemed for the Laws even of the Romanes from whom all Nations almost had received their general rule of Government however at first mishapen and rude yet after polished by modelizing according to the rule of the Jewish Tables and not only so but of many or most of their judicials for indeed where can we have Laws more agreeable to natural equity then the Almighty wisdome there proposed so that the Arabians Aegyptians Asians yea and the only not barbarous Greeks founded or framed their generals upon or according to that incomparable order and in their ministrations did not much differ from the Hebrew originals but this premised that the whole body of Christians was but one Commonwealth and that under the head of all immediatly the Lord Christ Jesus it seemed to follow by this that he must have his substitutes on earth according to the nature of men one as Priest chief for the service of him to govern these men as Saints another as King who was to rule and govern them as men according to the Law of God in righteousness and holiness but all to be bound and loosed as I said before by his mouth only who had the key of Knowledge by a now received infallibility which was without much difficulty effected The Bishops and Clergy-mens lives being yet not generally obnoxious to scandall many yet retaining a great deal of exemplary piety and purity yea even in the bosome of the Church of Rome for although it be easie for particular and private persons to rush suddenly and immediatly into great errour yet for Commonwealths or the publick Governors or common Societies 't is not so for what they look at is Supremacy and uncontrolable Government if so the jealousie which people ever have had of their liberties will cause them rather to introduce things by degrees then at once and that so by little and little they may with ease obtain what by seeking at once they had utterly lost Thus did temporall Princes for so we must distinguish while Bishops are become Princes by their Subjects and thus did the Popes by them but it is now fit to leave the general discourse and to reduce matters as intended to a more narrow compass then the consideration of the whole body of Christians and look at specially this Nation of England which now having received the Faith of the Lord Christ whether under King Lucius primarily or under any former whether first preached here by Joseph of Aramathea or any other whether Apostle or Disciple of the Lord but after more generally allowed spread or promoted upon the coming of Augustine the Monk from Rome I shall not controvert but allowing every man his opinion by whom first introduced where first preached and such like I shall take that only up which none will deny which is that about the time of Lucius it was by publick and Magisterial Authority first allowed and hath more or less ever since been continued embraced and followed by some in this Nation at all times but generally by the whole Nation though at first the over-running of strange Nations might suspend the splendor of it onely thus much I must say that ' its evident by history that the Christian Religion was here entertained and setled long before Augustine and that there were Monks particularly of Bangor who professed Christ and lived according to the Discipline of our Saviours Doctrine which grew now inconsistent with the dignity of the Romane Bishop and others with him and all of the Clergy in their degrees for now for the honour of Christ as was pretended there was to be more order as it was called to be observed among Christians which was meant of outward duty and obedience to the Popes Substitutes in every place by the rule of gradation for as the Pope represented Christ having his power from him so all Bishops and inferiour Clergy ought to have and give their due respects from the people and each from other according to the places and trusts by his Supream Holiness whom they more or less immediately represented reposed and imposed in and upon them This observance Augustine the Monk expected but the English or rather British Monks found not this in the Doctrine of the Apostles nor presidents of the Primitive Church truth they found examples of paying more observance to holy men then Augustine required or expected but no way allowed much less sought by them to whom it was done the Lord Christ never had nor required it but himself washed his Apostles feet and his Doctrine upon the decision of this case in controversie was far
forty shillings to the Judge otherwise to the Gaole without mercy of which Gaoles a word after Next this is an ordinary course at least so reported in petty trespasses they declare of course meerly to get Fees upon agreement though they assign no place others having liberty to proceed as they see good and make an end or do any thing which is generally the course of quiet poor people there is favor promised to either party he draws a judgement from his adversary the defendant yet sues on still and brings it down to Trial Per Nisi prius then stops proceedings with saying he will confess a Judgement and enters it the Term after others enter up Judgement without Warrant I have known worse abuses yet but no punishments oft for want of entring a Rule they suffer Judgement Per nihil dicit whereby great and extraordinary Charge accrues to the Client and but small gain to themselves but hereby they pleasure the Officers oft times they plead or confess a Non sum informatus and this without Warrant and then comes out a Judgement unexpected and this dealing is justly suspected of false dealing It was ordinary to enter false Orders false Affidavits imbezle depositions pack Juries draw Witnesses if not make them I know the labour and pains of a faithful and honest Attorney is great and very painful and laborious in running from Office to Office from Clerk to Clerk Officer to Officer Councel to Councel Judge to Judge Court to Court neither do I here question their proceedings who make either Law or constant practice their rule But these rude ignorant young heads who think and make it their way to gain practice to over-reach c. though I in my opinion am as Mountague said of learned Selden an Heretique in the faculty as to the whole managery of the Law who although the Law doth sufficiently provide against which were by the carelesness or faithlesness of the Judges in their trusts through dependance as aforesaid grown to an infinite number beyond what they were I beleeve in the time when by Statute of 33. Hen. the 6. they were limited in Suffolk Norfolk and Norwich where they abounded but they are now bound apprentice to the Trade as well as to tapping whether of wine or beer why not as well to Brothelling and it is thought unjust to put any by his practice though they ruine the Nation by it at least bring a deluge of poverty upon the people Yet these put the Lawyers also upon hard shifts for now the Office of an Attorney is to practice all the parts of a Lawyer he drawes all pleas or generally all but some speciall ones upon some difficult point and in that some one old beaten book-man in a County is famous but for making of Wills and drawing all sorts of conveyances or Covenants with strange niceties of form and cautelous qualifications limitations provisoes and such like none like them they not so much looking at their first trading into reason and solid causes or grounds of things as into the superficial niceties as the readiest way to purchase practice with cunning knaves and most affecting wit and youth and so are drawn into a way of evill before they be aware and after it is hard to reclaim them and for keeping of those pestilences off of England Lords Courts they take all the work which was heretofore the way of educating and bringing into practice the young Lawyer And in these last times there sprung up first under the wings of Noblemen and men of great estate for the help of the Attorney in Judicial Courts but as Attorney in the Prerogative ones a creature called a Sollicitor these men rob both Lawyer and Attorney and all the Subjects They are oft declamed against by the Lawyers but no course taken to restrain them many of them practizing as Attornies under the wing or name of an Attorney what fee he hath thus to abuse the Laws and his own fellow practitioners I know not but many faults and errours are hereby committed and where to fix it is not easily discerned and great men love not to take great pains in such discoveries without exceeding great profit few I fear do justice for the love of justice so that having shifted from Sollicitor present to Attorney absent 't is forgotten if remembred the fault is laid upon the Clerk the Clerk he turns you back again to them instructed him which happily is neither Sollicitor nor Attorney but a stranger unknown or a servant gone But it is objected you have your remedy at Law against an Attorney in any cause against Law So say I but he hath his priviledge that spares charges he hath councel for nothing and cunning so called knavery to boot And lastly the Judge must as much as may be favour a servant of the Court that is he shall have all lawful favour and the other all lawful disfavour and put any Lawyer to sue an Attorney upon these terms and the Attorney will undoe him To pass over the nicety of going to issue pleading specially when the generall issue would serve the turn or such like nor to shew how many several sorts of delayes the several Courts admit I shall shortly come to the tryal which is either in the ordinary set places as the Courts at Westminster or per nisi prius where there is such hudling shuffling quircks of law unequal hearing and both for honour as the Kings or Queens Councel order as Benchers c. except favour step in and then the son of a Iudge or Kinsman c. must make all the Councel attend till he speaks nothing to the purpose too too often so that I have heard wise and learned men profess they were ashamed to see great men and Favourites manage the business out of all order and rule of law while they knowing in practice as they term it that is versed in the Ministery of the cause could not be heard a word as if they were retained only to hold the paper and cry My Lord 't is truth there is another reason in it which is they have such multitude of Councel that all cannot speak and the great men must speak best reason for have not the Prince the choyce Some indeed either would be heard through boldness or must be heard through necessity as undertaking Cases which others either durst not or could not as Holborn with that noble Judge the Lord Chief Iustice St. John in the Case of Ship Mony and this was a step to advancement if they shewed ability and could turn with the tide or were thought fit of for some other by-respect as to have their mouthes stopped against Prerogative and opened as far as the Law would admit for the Kings advantage Thus were learned Calthorp engaged and the foresaid now Lord St. John though as I have to his honour be it spoken heard it credibly affirmed he denyed to be the Kings Servant upon the Lords day at
experience hath proved it sufficiently a plentiful portion then settle Tythes encrease Gleabs build Monasteries c. and there is another portion Colledges and Halls I will reckon to them then Physicians and Merchants so that if you seek due Reformation you will make each one your enemie and the whole world will be against you and nothing but confusion can be ushered in by the pretended Reformation you will have Parliament City Countrey Lords Gentry Comminalty and all against you nay if you will purge throughly you must alter the whole course of all commerce For there is no Traffique according to a rule of Righteousness Let Errors as they came by degrees so by degrees be reduced pull out a crazie stone but put in a good one the contrary party objected that this was to dawb with untempered Morter not to serve God but themselves that it was to pretend to do good and do evil that this was the Error of the King and the two first Parliaments that they had upheld following providence to mount into the Carr of Government that they had dared enough then against all interests Kingly Parliamentary Countrey and City by their executing Charls and imprisoning the members Garrisoning the City Quartering in the Counties Thus were matters bandied and some parties grew so fierce as anger is alwayes a short madness that they did they knew not what which yet testified that their anger was selfish others more wisely wrote but unwisely in that they remembred not they stirred a Lyon they depended so much upon their first engagement to the Parliament that they thought they might have said any thing Let truth bear sway she alwayes carrieth a Majesty and will prevail but many tell truth some with upbraidings and revilings some with cursings and others almost all with bitterness truth is ashamed by these frailties and suffers for a weak servants sake But these men concealed their names and though some wise men did so yet their writings were such as could not justly be traduced for scandall or sedition and these men neither owned their names when their books were most acceptable nor in times most dark and dangerous but some of these others owned them sometimes otherwhile they denyed them whereby they were suspected of no great integrity others did openly own their works in times of great danger under the King and also under the Parliament yea even when they opposed them in their highest priviledges some debating one thing some another yea some against the publike transactions of the State and some for a general liberty of all opinions and printing and publishing which to be setled with safety to the State and no prejudice to the light of truth is a matter difficult but of importance not to be neglected they also urged to the men in power the hand of God upon the Nation how introduced that the same or worse evils were now upon us our Courts of all sorts having changed rather their Judges then their justice that Committees were worse rather then ordinary Courts as being made of those persons who were the supream Judges and they erring all the inferiour wheels might well move out of order And proceedings in Parliament were the same so difficult dilatory and so expensive that men were even tired in body as in spirit they did acknowledge the greatness and difficulty of the work they considered interests and yet they thought there was not that expedition or integrity requisite to so high trusts in such a season of judgement And this was evidenced by the expedition in matters of interest private so called that is to the assurance of the acquired Supremacy and raising the due assessments but not in the general settlement as was propounded this draws some men to that piece so called the Agreement of the people a thing which were the people capable of such a work might if rightly stated be of great availe but indeed to put into the hands of so vast a multitude of such divers interests and that without an assured and competent number to carry on the work which in probability they neither had nor could have had without imploying the Sword-men which in it self had totally ruined the nature of an Agreement had unravelled all the work and set us as far back as at the beginning but that the propounders of it were turned recreant to their principles some particular man might or had joyned interest with the Royall party I cannot beleeve it But I suppose really they were by that party and some others of eager spirits it may be really longing and breathing after Righteousness and setling the Kingdom of Jesus Christ I fear yet in their own strength encouraged to go on in their design which some of them politickly saw tended to divide and that was to let them raign but surely these Royal instigators were men of lost condition for what could the issue have been but renewing a more deadly and confused warr for the multitude being by this Act publikely appealed to and that by the sole existent power Civill they must have assumed the absolute supremacy into the meer vulgar Ocean and sooner can you set bounds to the Ocean then their appetites This foreseen this piece was after long debate with much wisdom for the present cast into the number of Petitions Remonstrances c. of Parliament to be by their mature advisements qualified fit for propagating common interest in due time but this obstruction imbittered the more and made some spirits under concealed or not owned names to set abroach the failings errors and miscarriages of all the Members in Parliament or else scandalize them and pinching still the ablest and activest they hoped to foyl so that some soyle should remain though most would not gain credit Far be it from me pretending integrity to assert what I know not but I must hope the Charges against some men if not the most are meerly suggestions of envy to eminent vertue for I see great things done by them and their words are sweet as honey Truth is I am not so blind neither but I can see and hear that favour and friendship is the Mistress with the State as it was at Court and oppression and covetize is not banished Englands Commonweale but I must say that retorted is as true namely that it is incident to men neglected to complain and so to men oppressed I would allow an equall and speedy tryall according to my rule even to my deadliest manly enemy the want of this hath much exasperated many and gained none cordially Now in all this enarration you say what coherence is there 'twixt Christ and his Doctrine his professors and their conversation had we not better have sate still How many thousands nay ten thousands hath this Warr cost as in the Kingdomes account is evident But I cannot agree the Doctrine it was necessary to purge it is evident there was need and great need of Reformation let not the particular errors
yet no way punished Gods Sabboth contemned god-Mammon that mental Adultery of Idolatry is most of their sin common to them with their other brethren in the flesh by what names soever called or known And for the duty towards Neighbour there is nothing but envying and malice furfetting gluttony or drunkenness the Nurses to Adultery and Lasciviousness with pride in apparel and abundance of idleness which increasing poor increases and by them necessity and that brings Theft or Covetize or both and sure among such to swear in truth will not at all be regarded it will be thought cruelty not to tell an Officious so called lye to save thy brothers life which now makes it nothing to have lyes sworn this brings scandals upon seats of Iustice for these things known and not remedied if possible will asperse But some say some Judges make no conscience of such acts they exemplifie not only in Ship-Money but in ordinary Tryals while they deny justice by delaying and admitting the continuance of delayes in justice and sometimes go against their own knowledge in the Law as in the case of admitting such to read as they know cannot and more evidently such as are not capable by Law as those branded before not once but seven times whereby the Rogue is as preserved so encouraged and this because due notice is not taken of persons branded in the Calender nor Records penally presented in Court to which though ignorant persons answer they will not come there again but act their Villainies in another County wise men will not who know the Law admits no going out for it will prove wandring in such of necessity but with Certificate but the true reason though it cannot wholly excuse is the best namely they think the Law too hard and would rather have constant work-houses but there is two evils in this so just so righteous a proposal to change this Law for if either work-houses or due course of certificates were setled the Commonweale would be quickly rid of such vermin But then the first evil appears namely Clerks Fees would cease The next evil is the matter of charge in building repairing and maintaining the houses and Officers c. for a work-house in this age where building back and belly cat up all will hardly be maintained much less raised but to be well provided with stock and Overseers rather venture all There is complaint against our now Iudges taking Fees if so they do having yet 1000. l. per annum that Fees might be discharged But these Complainers have one word more to the Law that is they say the great Charter of Normandy they own rather to be the old Norman Laws before William the Bastard then the Law of England though he might well labour to introduce the whole plot Truth it will serve to discover the Reasons of our bondage and that 's all which while Copyholds are not discarded together with Crown Tenure we are not freed of For Fleta and Bracton they say they are the meer heads of Justinians Institutes a little corrected according to the guise of Englands Principles of liberty above the Ancient Roman or State of Greece in the height of the Empire Yet for that exploded by the Kings Iudges For Horn Britton Glanvil they are reputed more English but may be as well Scottish Sweadish or Danish especially Glanvil who if compared with R. Mai. Scot the old Tenures Customes Services Writs c. are the same word for word the other were they who drew the Traditions of our fathers into form by insensible degrees raising debased Engl. to a glimmering of Native liberty in the use of a body of law for it is plain Englands Law unwritten could not be well known by the vulgar Fortescue taking the advantage of the contest betwixt York and Lancaster declares more freedome happily then consists with reason in the letter Now all these books were altogether exploded Fleta and Horn not permitted to be printed but hung up by the licence liberty and all that was the common reading of the Lawyer was the resolutions of the Iudges in the so called Year-Books which have no date beyond Edward the Third there being then a stipend given to certain men constantly sitting in Court to report the reasons of the Iudges so that let them answer at their perill for now their reasons were permanent and brought to strict judgement Yet they still had their evasions in cases of great interest either for one Kings Title or other for Prerogative or Priviledge as particular respects engaged and providence favoured as was evident in the case of R. 2. and his Iudges which lay asleep from him till our late Charls revived it and suffered publickly for it as Richard did privately far the more manly and exemplary way of the two and rational it is for if it be lawful for man to give Law he may and ought to enforce and no way can be more consentaneous to order then that of the body Representative which is not in this case denyed either by the Regular Presbyterian or violent so called Interdependent only they deny this a Parliament as before is said These Reporters wrot till Henry the Seventh there are some fragments of Henry the eight Edward the Sixth and Q. Mary and Elizabeth taken by Students then and since which are called by the names of the Authors as Kelway Petty Brook Dyer Plowden c. with some particular assertions of others but none durst write freely Lord Cook put out several Books of Reports all which being principally matters of Title or betwixt party and party swam down stream Now in most of these were matters altered at pleasure for out of these books it is easie to argue black white and white black Reason was cut into such fine shreads of wit and form which is as vain that judgement was puzled to find something where there was so much of nothing and if any thing were it was so disjoynted a piece in 1o. Ed. 3. debated further 18o. further Process in 23o. and finished 31o. Jan. 24o. ultimo Regis Caroli Rex ultimus Brittannorum A subtile Oracle true and not true let matters pass as they will so that in such a confused study who could learn ought though helped with Fitz-Herberts yea and Brooks Abridgement for the old Books and the late Indexes the least too big for any book of Law for a Nation where each is to be supposed knowing of it and no man excused by his ignorance Now for the Crown Law of which we had no compleat Tract but Stamford the Lord Cook treating of that particular and tacitly in his both Jurisdictions of Courts and Expositions of Statutes holding forth not only the bare letter but a rational disquisition of the Texts they also were estopped and well is it say some if they have not met with a concealed Dominicane Expurgator or Jesuitical Emendator there being such hard hold on all sides for them and against them since published
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
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
Transubstantiation not Consubstantiation for they agreed the whole Law was as it is devolved into Form and Practise the pure streams of Justice were as they fell from the fountain of Divine and Moral Reason drawn by Art into private Cisterns of Profit and Honour But they durst not undertake the VVork I desired then considering my many occasions That they would but impart something to me to help me in my so great attempt I talked with some Attorneys to the same purpose and from two men I received two Papers shewing the abuse of dammage clear and suing out the Cap. utlagats the most ordinary matters I then addressed my self to some men eminent in Honor and places of Trust discovered my minde we argued I saw they were convinced of the truth of the thing and were resolved were the Law altered they should submit yea even to what I then and here propounded But they would have no hand in it they had no time they had spent their Studies in the present Law and to change was a new work Some advised me to leave off these thoughts and fall to Practise they would warrant me I should get as much as any of them After long delayes consulting my own strength and seeing Judges Serjeants Councellors Attorneys Solicitors and All confessed Alteration necessary delayes evident Justice incertain Equity more ruining then undoing Common Law I did partly out of the sence of the unjustness and wickedness of the Law but principally that I might be out of the lash of a credit Ruining frown leave all Practise whatsoever as I had formerly left the most and did consult which way to take to open in the most Christian way the Evils of the Apostate State and Commonwealth and how to offer an expedient sutable to the condition of the people wedded to Laws and Customs called their own This is that which the Lord put me upon I have avoided to my utmost all bitterness and just occasion of offence to any either Powers or persons And to any man shall require a further account of the hope that is in me concerning matter of Conscience or of the matter of Law and the Reasons herein offered so it be with Christian meekness and zeal for the Truth according to my knowledge I shall freely discover my self and yield I hope a satisfactory answer For I assert there is nothing here laid down in any kind as to the civil Regiment not warranted by the present so called Law-books of England I restrain not my self to the so called Year-Books For the scantness of my time I could have wished more and more abilities and that both natural and experimental but you must take it as it is onely an Essay for a Settlement of a Christian Commonwealth I leave the Work to such as Providence shall cull out of the many present Worthies of Englands Labourers Me thinks England labours like a woman in sore pangs of Travel crying out to be delivered I pray God none of the Midwives Juno like set cross-legg'd in the Temple of honor profit power or the like O that every one could banish all interests and all Relatious for Christs sake I know abundance that will allow this project of Resolving this Nation into County Jurisdictions their spirits will be immediatly fancying places to themselves friends kindred c. for the moddle holds forth a due satisfaction even to carnal Interests The opposition will arise from the great interest of the City of London and the Supream Judicatures but it is clear their interest may thus be continued to a just proportion Now they ruine Government within themselves and destroy the whole Nation besides let them live but let not England perish for the Lords sake you that are our Physitians remember your promises when you undertook the Cure Then you stroaked the wound gently you asked nothing till the cure were perfected but our wound is open still more wayes to discourage the poor impoverished subject then ever Take but the many fruitless Acts for poor prisoners into consideration and the forceing an Affidavit of the Engagement notwithstanding a Certificate of the Commissioners can we not easily determine the Reason it cannot be zeal for Justice but the Clerks Fee upon the Oath our hearts are hot in pursuit after the world while our lips breath forth expressions of the new birth Assuredly Englands Allarms to War will not cease till the sins cease You that are in Authority like valiant Chieftains must not onely speak couragiously but Act rigorously you and your just Acts and Ordinances are slighted and contemned First by your selves our Trustees they are not duly transmitted to the Counties then by our selves your Trustees they or some of them deal with them as they list each one interprets as his interest leads Let these things be represented to you and what is done nothing Nay come up to London waite and attend till you be weary the justness of your Cause gives not the quicker dispatch yea I have heard that some spoken to to hasten matters agreed on have been told their haste should cause their tarriance or words to that effect These are sad Symptoms to such Melancholy spirits as mine of renewed Judgements I shall say no more But leaving the whole Work to the Lord address my self to seek his face and pray unto THe Lord our God the God of Abraham Isaac and Jacob and of all the faithful the Almighty Jehovah the Father of our Lord Iesus and in him both of Jew and Gentile That he will please to open the eyes of all called Christians and give them hearts to understand his wayes that they may see and perceive the evil of their doings that the precisest professors may see that from their evil walkings the Enemy takes advantage and causes many Professors to fall off vainely thinking all are wholly hypocritical because of some mens failings Let those O Lord who have some beginnings of resenting their duty to seek thy face not give any occasion to thy Enemies the profane-hearted yet among thy people to transgress with more boldness because of their Liberties Yea give the loose Professors to consider that their evident unchristian walkings cause the open Enemies of our blessed Saviour to blaspheme even Jew and Gentile for what people walk so contrary to their profession as the so called Christian Father I pray discover to them that claim to be called thy Clergy as at least indeed set apart for more excellent and eminent services in Word and Doctrine that their lives must be the best Interpreter of their words their conversations of their Exhortations and Perswasions To Preach Love and live in Enmity to Preach Obedience and be Refractory if not Rebellious is not Christs way O let them all see even from the highest to the lowest that its Error evident hath caused Truth to be distrusted and their words contemned Righteousness and Truth carry a Majesty which Satan fears Convince them therefore that as they have