Monarchy No Creature of Gods Making, Title page – Dedication

Monarchy No Creature of Gods Making · Title page – Dedication

MONARCHY No creature of Gods making, &c.

Wherein is proved by Scripture and Reaſon, that Monarchicall Government is againſt the minde of God. And that the Execution of the late King was one of the fatteſt ſacrifices that ever Queen Iuſtice had. Being a Hue and Cry after Lady Liberty which hath been raviſhed and ſtolne away by the Grand Potentates of the Earth.

Principally intended for the undeceaving of ſome honeſt hearts who like the poore Iewes cry, give us a King, though they ſmart never ſo much for it.

By IOHN COOKE late of Grayes Inne Eſquire, Chief Iuſtice of the Province of Munster in Ireland.

Hoſea the 8. and 4.

They have ſet up Kings but not by me, they have made them Princes but I knew it not.

O Iſrael (O England) Thou wouldſt have deſtroyed thy ſelfe but in God is thy help, he will be thy King.

Hoſ. the 13. 9-10.

I gave thee a King in mine anger & took him away in my wrath.

Printed at Waterford in Ireland, by Peter de Pienne; in the yeare of our Lord God, 1651.

To the Supreame Authoritie of the three Nations the Parliament of the Commonwealth of England.

Moſt Renowned Senators, who like the Heavenly bodyes, having for many yeares been in continuall motion for your Countreyes good; have by Gods bleſsing upon your unwearied labours after ſo many Hericanes by vertue of the Act of May 9. 1649. brought the Ship of State to Anchor into its deſired haven, and ſetled that forme of Government which was appointed for Gods peculiar people who choſe a man of every Tribe, a head of a houſe, Captaines of Thouſands, and of Hundreds, famous, Choyce and mighty men of vallor; Chief of the fathers of the Children of Iſrael, to aſſemble at Ierufalem in publique Councells (1 Numb. 4. 2 Chron. 1. 2. and 5. 2.) a Commonwealth and free State; governed by their Repreſentatives in Parliament, and ſuch whom they shall appoint for the good of the People; of which bleſſed Statute … onelyonly ſay this, that ſince the Apostles dayes there was never more Divinitie, Reaſon, and Eloquence, in any writing, for (as it is ſaid of humility) it is not onelyonly a vertue but a ground worke for, & a veſſell that containes all the rest, ſo this Statute is that only Law (of the Medes & Perſians) that is unchangeable & conſequently above the Law makers, for a free people may not make themſelves ſubject to any mortall man, that rule of my Lord Bacons, that the ſupreme power may not binde but diſſolve it ſelfe, being to be underſtood from Monarchy to a free State, but not from liberty to ſlavery. But I obſerve that few understand the true ground and reaſon of it, looking no further then at the wickednes of Kings, their oppreſsing; burdening, impoverishing, and enſlaving the people, and ſo make it an Act of ſelfe-love to eaſe themſelves in caſting their riders, as if good Kings might be tollerated, who giving the people many good words and ſome few good Acts of grace enſlave them faſter (as the Sun ſooner takes away the travellers cloake then the winde) like thoſe which we call good witches, that ſeeme to cure one that they may without ſuſpicion bewitch twenty, whereas if any man shall aske why hath the Parliament abolished the Kingly office in England and Ireland? the anſwer is, becauſe God commanded them ſo to doe, that it was not out of any affection of change, nor yet onelyonly for the eaſe of the People, but from a Divine precept and conſciencious principle in the faithfull diſcharge of their duty to God and man▪ that for any people willingly to ſuffer Monarchy is to make themſelves wiſer then God who hath told us that there are no Lawes ſo righteous as thoſe which it pleaſed him to give to his Elech People to be governed by Deut. 4. 7. For what Nation is there ſo great that hath Statutes and Iudgement ſo righteous as all this Law that I ſet before you this day, the very firſt of which Lawes was that wiſe men and underſtanding knowne to be ſuch among the Tribes should be Rulers and heads of the people Deut. 1. 13. An Elective Ariſtocracie being a principle in nature for wiſe men to governe ignorants, as parents their little children that cannot order themſelves▪ for I can finde no other ground whereon the conſcience of a Chriſtian can reſt with any ſatisfaction, but the Law of God, hee whoſe Conſcience beares him witneſse that he would have had no hand in the Kings Death, no finger in the change of the goverment, but in a dutifull conformity to the Law of God, from the Divine authority (which not to have done had been flat Rebellion againſt God, and a contempt of his holy Law) ſleeping and waking will be at reſt; that to have made an agreement with him had been but to put a Crowne of Gold upon him and a Crowne of thornes upon Ieſus Christ, the ſaving of him had been the beheading of all holines and righteouſnes, the ſparing of him would have been of far more miſchievous conſequence then the ſparing of Agag, and if the life of the Parliament and therein the lives of all honest people had not gone for his; Certainely never can any true Chriſtian that would have taken in his interest be quiet in his Conſcience without repentance: Iudge Forteſcue (chap. 5. hath a ſtory of a Gentlewoman at Salisbury, who being accuſed by her owne man for murdering her husband, was upon his oath without any further proofe condemned and burnt to ashes, but within a yeare after it was diſcovered that the Accuſer was the murderer, who cleered his Miſtris, though too late; but the Iudge who ſuffered the Iury to finde her guilty upon a ſingle proofe (not informing them what proofe was neceſſary, the Law of God requiring two witneſſes at the leaſt, in ſuch caſes, Num. 35. 30. who ſo killeth any perſon, the murderer shall be put to death by the mouth of witneſſes, but one witneſſe shall not teſtify against any perſon to cauſe him to dye) was ſo troubled in minde that he confeſſed that he should never be able to cleere his conſcience of that fact; You that profeſſe your ſelves to be Chriſtians and yet would have taken in the Interest of a murderer who was the principle Author▪ Contriver, Abettor, and Countenancer of the effuſion of ſomuch Innocent Blood, Rapines, devaſtations, depredations and deſolations in England, Ireland and Scotland, for an unjuſt prerogative, read the next verſe 31. yee shall take no ſatisfaction for the life of a murderer which is guilty of death but he shall ſurely be put to death, and know that it is onelyonly the blood of Ieſus Chriſt (which cleanſeth us from all ſin) that can purge you from that ſin; which calls for repentance in all ſorts of people, Levit. 4. 2. 27. And certainly if that Iudge was haunted with the Ghost of that Gentlewoman for an omiſsion in his dutie in manner as aforeſaid, or per adventure for not giving ſtrict charge to the Iury to enquire diligently into all the circumſtances; how can any Chriſtian hope to ſleep in quiet, ſo long as he murmurs and complaines againſt the Iuſtice done upon ſuch a murderer, and God being as infinitely Glorious in Iuſtice as in mercy, all that are for Chriſt are commanded to rejoyce that he hath avenged the blood of Barrow, Greenway, Tiſdall, Coppinger, Mr. Burton, Mr. Prin and Dr. Baſtique, and other his perſecuted ſervants upon that ſtate of men which were most guilty thereof Revel. 18. 19. 20. and to bleſſe God that the, roaring of the Lion, the voyce of the fierce Lion, and the teeth of the young Lions are broken▪ the old Lion perished for lack of prey and the ſtout Lions whelps ſcattered abroad, Iob the 4. 10. and Pſal. the 58. 6. 10. It is not my private interpretation but the learned Divines and their anotations, that by Lions are meant Tirants, and by whelps their children that Anti-Christian ſtate of men that would be obtruding and enforcing Liturgies and Directories upon Gods people. Elay 14. 13. 14. that will be like the moſt high, making their will a Law, giving no reaſon or account of their actions, he that opened not the houſe of his priſoners muſt be caſt out like an abominable breach verſe 17. 19. and verſe 21. prepare ſlaughter for his Children for the iniquity of their Fathers that they doe not riſe nor poſſeſſe the Land, nor fill the face of the world with Cities for the name, Sonne, and Nephew must be cut off, and that 58. Pſal. compared with Eſay 7. 5. 6. ſeemes as it were to propheſie and point at the third of September last that what ever evill Councell should be taken against the good people in England, to ſet a King over them even the Son of Tabeall, thus ſaith the Lord God, it shall not ſtand neither shall it come to paſſe the great teeth of the young Lions are broken, thoſe wicked Inſtruments whereby they would hurt shall melt away and be cut in peeces, therefore shall the righteous rejoyce with Anniverſary ſolemnities, for that there is a God that hath Iudged in the earth, I have endeavoured to ſatisfy the people that the great Gorgons head that hath ſo long inchanted them, was Sacred Majesty, and to evince it by Scripture and reaſon that Monarchicall Goverment was never of Divine Institution ordeyned in love to any Nation but by a Divine permiſsion hatefull in its nature, as Adultery or Murder, & most unnaturall for fooles to governe wiſe men, and that in matters of Iuſtice the Law muſt not be ſet by the Scripture and not repugnant to it, otherwayes we ſet the Sun by the Diall, which muſt not be underſtood as if there were a preſident or example to be found in Scripture for every caſe, for mens actions are ſo infinite, that there will be different caſes as differing faces not alike in all particulars; but the principall caſes of moment are to be found in Scripture, and ſuch generall rules, exemplars, and Idaeus, are there laid downe that every man may thereby be aſſured of the Iustice of any partitular caſe that hath a minde ſtudious therein, andAnimum verbi Divini ſtudi oſum that no law ought to be made till it be examined by the word of God. And becauſe I know that nothing is more welcome to your Honorable wiſdome then truth and nothing more honored then ſincerity in the Inner parts, therefore I humbly crave leave to ſpeake a few words concerning this weighty and Important matter of the Rule of Iuſtice, I have ſeene ſome Treatiſes wherein the Spirit of God (who is Iustice and Truth) is much breathing concerning a Reformation or rather a new plantation or foundation of Lawes proceding, I am confident from conſciencious principles, and a pure love to Iustice and the publique good; but its poſsible that there may be ſome ſpots in the face of Venus; I conceive in generall that Civill prudence for governing of a State and Commonwealth, is to be fetcht and drawne from the ſacred fountaine of Scripture rather then the puddles of hiſtory, the Law of God being the generall directreſse of all lawes as the NorthStar directs the Sea-man to his Port, not that wee should diſpiſe human learning▪ for Moſes and Daniel were learned in all the wiſdome of the Chaldeans and Egyptians, and the least ſparks of the Image of God are not to be neglected; this I ſay of learning that it is a Iewell ſo excellent in it ſelfe that it shall never have but one enemy which is the ignorant man; It is most true, that human wit and pollicie hath beene much of that ſmoake of the bottomleſſe pit that hath blinded the eyes of many Nations, but God grant (I wish it from my heart) that England which twelve or twenty yeares ſince ſo much Idolized learning be not in another age as much plagued with ignorance; as it is a miſtake on the one hand to confine the attainement of learning to places that no man should be a Magiſtrate or Minister that hath not been educated at the Inns of Court or Vniverſities, for provided men have parts, & abillities, the place where or manner of acquiring them is not materiall; ſo on the other hand to hold that all honest, godly men, are fit to be Magiſtrates or Ministers is as unſafe, for though it is fit that every Magistrate or Miniſter should be an honeſt man, yet every honest man is not fit to be a Magistrate or a Minister, I am perſwaded that there are fewer, converted and regenerated in this laſt ten yeares notwithſtanding the multiplicities of Sermons and glorious freedome of the Goſpell, then there was in ten yeares before; though there was ſcarce then one Sermon for many ſince, becauſe the generallity of people neglect a ſoule ſearching powerfull, learned Miniſtery and follow others who though they may be Godly, yet are but a voyce in compariſon; there may be ſome perſons which are not called to the Barre that are fit, and able to be Iudges, men famous for Godlines and excellent in wiſedome and reaſon, which must be the life of all human lawes without exception, but that any man should be fit for ſuch an imployment that hath not a good ſtocke of learning and diſcretion, as ſome men ſeeme to inſinuate; I confeſse it is above my apprehenſion; I doe exceedingly honor the whole fabricke and forme of the Iſraeliticall pollicie; and certainely no Councell can well governe any State, where Chriſt is profeſt; that neglecting that ſacred Law, shall fetch the Rules and limits of Iuſtice and equity from other hiſtories, for human prudence is in many things blinde, and in others perverſe; & he is but a profane eſtimator of Gods VVord, that shall thinke any human Lawes to be as good as the Lawes of God; it is true that ſince Chriſts time the Scepter is departed from Iudah, and the Law-giver from among his feet, but the Equitie of that Iudiciall Law which shines in thoſe Institutes is Morall and perpetuall; Circumstances only being changed, and ſome particular caſes excepted▪ according to the nature or diſpoſition of ſeverall people, ſome requiring a ſtraiter bridle then others; for was there ever ſuch wiſe Kings in the world as Moſes, David, and Solomon, whoſe famous Acts recorded in Scriptures, are not onelyonly propounded to us as examples of Pietie; but of true Prudence and VViſedom; and the Gentills, even the wiſeſt amongst them as Solon and Plato acknowledged Moſes Lawes, to be the beſt and moſt learned and travailed into Phaenicia Syria, and Egypt, to be acquainted with the people of God; and their Lawes; and becauſe Plato borrowed ſo much from Moſes therefore hee is called Moſen Atticum, and Pythagoras ſpent two and twenty yeares with the Priests and Prophets, and then went into Italy where hee inſtructed ſix hundred Schollers in the wiſedome of Moſes and the Egyptian writers called Moſes, Andra, Daumaſton ki deion, Virum admirandum ac divinum, certainly the Platoniſts were therefore counted the beſt Phyloſophers, becauſe they came neereſt to Moſes Law, and had it not been for Monarchicall Goverment all the world had long ſince been governed by the Lawes of God in matters of Civill Iuſtice; that high commendations which is given of our Lawes, that if Adam had not ſinned in Paradice all the world should have been governed by the Common Law of England, is either Complementall and Poeticall▪ or els muſt ariſe from that Maxime, that the Law of England is grounded upon the Eternall Law of God, right reaſon and pure naturall principles and that ſentence of better it is to go to the fountaine then to follow the ſtreames, is very excellent, if it be rightly underſtood, of the Law of God; which is the fountaine of all true Iuſtice, Ioſephus ſayes, that Ptolomy Phyladelphus, the moſt prudent of the Egyptian Kings, when Theopraſt had ſent him Moſes Law in Hebrew, he ſent Embaſſadors to the Iewes to intreat them to ſend men skilfull in Hebrew▪ and Greeke to tranſlate it into Greeke, which being done hee made it in force throughout his Dominions; but how little doe Chriſtians prize this good Law of God, 1 Tim. 1. 8. which place muſt needs be intended of the Iudiciall Law, as my honored friend Mr. Peters hath rightly obſerved, for he ſpeakes of the Law againſt Murderers and VVhoremongers; did Plato and thoſe famous Law givers light their Candle at Moſes Law, making uſe of Scripture for Civill wiſedome, though not for their Religion? and shall Chriſtians that have ſuch a Treaſure in their hands as the holy Lawes of God, make no uſe of it for the Civill pollicie of States for which the Iudiciall Law was principally intended? I never underſtood any other Reaſon of Clergy mens ſitting in great Councells, but that no Law might be enacted till it were examined by the Law of God, and the Levites being Iudges amongst the Iewes does not prove that one man may have ſeverall callings, for all true reputation conſiſts in the diſcharge of a mans proper profeſsion, but that the Law of God was as their Civill or Common Law, Iuſtice is the end of the Law, the Law is the Commonwealths ſervant; the Magiſtrate is Gods Party, and the Image of God; therefore the Law muſt be in ſubſtance according to the modell of the Law of God. Bleſſed be God for the many good Lawes that have been made ſince Ianuary 30. 1648. yet ſtill I heare that the great cry in England is Reformation ofReformatio Legum. Lawes no doubt there may be abuſes and errors ſpecially in the practicall part of the Law, and I know, it is and hath been long in your Honors Breasts to Rectify and Reforme them, and to ſettle an expedient for ſpeedy, cheap, and ſure Iustice to run downe, not by drops, but like a mighty ſtreame, Amos 5. 29. in a quicke, conſtant and invariable way; I confeſſe I am ſomething troubled at the diverſitie of honeſt mens opinions in this particular; ſome looke upon it as a more difficult worke then abolishing the Tirannicall Goverment, that Lawyers will ſtruggle asmuch for their intereſts, as Bishops did, that many honeſt men must be diſobliged who have been cordiall to the State, and must ſuffer Diminution in point of Fees, and ſo conclude that the worke is not done, becauſe it cannot be done, though it be the earneſt deſire of all honest men, yet the difficulty of the worke diſcourages the enterpriſe, as Columbas and others who diſcovered the weſterne Plantations knew that there was Land there; but lookt upon the voyage as inſuperable, whereas (to my weake apprehenſion) there will be no ſuch great difficulty in the thing, for first as to ſuites already depending either they are for weight and number like the ſands of the Sea, in compariſon or may be all ended in a few mouthes; indeed after Civill warrs, what by reaſon of former obſtructions in Courts of Iuſtice; and perſonall Animoſities there must needes be aboundance of ſuites, and therefore in Germany, France, and other Nations upon the ſettlement of a Peace, they uſually paſſe an Act of Oblivion or grant Commiſsions for determining them in a ſummary way, diſpenſing with the ſolemnities of their Imperiall Constitutions and municipall wayes of proceedings, the people having been ſo exhauſted by the warrs, being not able to undergoe tedious Circucularities in their Law-matters; for the remedy would prove worſe then the diſeaſe; and then for the future, men will not be ſo contentious, when they ſee that it is in vaine to begin or defend unjust or vexatious cauſes when delatorie and declinatorie pleas and exceptions (like the Sea-marks) are to be avoyded and will not be allowed; for this I obſerve, that no man wages Law, but in hopes to caſt his adverſary, if not by the merit of the Cauſe, yet by croſſe ſuites and clapping great Actions upon him who is not able to give Bayle thereunto, or by the Defendants wearying out the Plaintiffe, and forceing him to become Recreant, like the Tryall by battaile, if the Defendants Champion can hold out ſo many houres his innocence is preſumed, or like the Tyrant that threatned Death to one, unleſſe he would make his Aſse to ſpeake as Balaams did; which hee undertooke to doe in three yeares; and his friends judging him to be in a deſperate condition, he ſaid, that within that time, either he or the Tyrant, or the Aſſe would be dead; but when men shall peeceive that it is but an expence of time and of coyne to defend unjuſt ſuites or to Comence frivolous or malicious Actions; the parties will agree, and there will not be one ſuite of twenty, and for difficult matters experience shewes us that ſpeciall verdicts are very rare, and not one Exchequer Chamber cauſe of one hundred; As for the time of this Reformation, no doubt but the ſooner the better, matters of ſafety and ſecurity againſt common Enemies, and dangers, being in the firſt place lookt after and throughly provided for; otherwayes it is but to looke after the bootie before the victory be wholly obtayned, but then with all poſsible expedition becauſe as to the malignants in England, ſpecially ſuch as make any Conſciencious ſcruples about great Mutations there is nothing will ſo ſoone win their hearts and ſettle their mindes in conformitie to the preſent government as the Regulating of the Courſe of Iuſtice which belongs to all men as men onelyonly, and not as Chriſtians; it is not the force of power but the force of reaſon that conquers hearts, and certainely as the ſpring is beſt for purging naturall bodyes, ſo is the ſpring of a Commonwealth the moſt proper ſeaſon for rectifying bodyes politique, when the wheeles of Reformation are well oyled, and in a true motion, no man thinks himſelfe a looſer, though he ſuffer in his particular, becauſe the publique is a gainer, and it is but the Law and neceſsity of the times, but let that motion ceaſe and the clock ſtand a while there comes a ruſt; & it is difficult to raiſe the Bell in ringing, and that which before would have been counted a juſt and neceſſary reformation will be called (by perſons intereſted in point of lucre) a dangerous innovation. But it is not in Law as it is in Religion; It was great wiſedome to put downe and extirpate the Hierarchy before any order or government was agreed upon, but if there were ten grievances for one in the Law, it would be leſſe miſchievous to Continue them all then to have no Law at all, for should the force of the Law be ſuſpended but one day ſcarce a man living but hath ſome enemy or other that would deſtroy him in body or estate in that time; Nor is it lawfull for any Iudge but onelyonly for the ſupreme authority to remove a ſtone which is ill placed in the building; Lawes that are made by publique conſent are not to be judged or cenſured by any but the Law makers, becauſe by them all judgement is made; as Iuſtice (which is to doe reaſon to every man) is the end of the Law ſo the Law muſt be the rule of that Iuſtice; a Iudge must not judge of Lawes, but according to Lawes, and no man must be wiſer then the Law, are excellent maximes, the Law is the hedge of every State, and he that breaks downe the hedge shall be bitten with Serpents: I conſeſſe it would be most honorable for the Reverend Iudges and learned practiſers of the Law to preſent an expedient to that good effect, and to doe it ſo effectually as to challenge all rationall knowing men to finde out a better; Men that travaile a Road daily can the beſt tell every deep and dangerous ſtep in it, it is no ſuch hard matter to obſerve where and how honest cauſes many times miſcary and dye for want of formall and Regular proceedings occaſioned through the want of friends or money as many poore ſicke people dye for want of looking to; it is no ſuch hard matter to diſcover the defects and errors in a mans profeſsion, nor to propound an expedient for Civill Iuſtice, to ſatisfy every honeſt man without hurting any mans perſon, or deſtroying him in his livelyhood onelyonly pareing the nayles of ſome ſuperfluities, but as there was no light in the beginning till the Lord was pleaſed to ſay, Let there be light, which was not onelyonly an imparative but an operative word, ſo in the infancie of a Commonwealth every thing is to be done in order; as many a man may lye long ſicke without any fault in the Phyſician, phyſique, or patient, ſo may it be in a body Politique, weighty ſtones require a long time to be layd in a building, & ſometimes the impatience of the ſicke Patient records and hinders the cure. I crave leave to ſay a word in faithfulnes to the Reverend and learned practiſers of the Law my honored Fathers, and beloved Brethren, this is my opinion of us▪ if we be like the willow that will bow and bend and help forward a reformation purely to purge the droſſe, and to take away all the Tin that is in our profeſsion by rooting up thoſe unneceſſary delayes which are like pricking bryers and brambles about the Vine of Iuſtice retayning but what is morall and rationall; Iudging that to be Law which is a decree of practique, reaſon agreeing with the Law naturall and eternall, then shall we be Iudges as at the firſt & CounſellorsVivimus. as at the beginning, I ſay in that caſe we live; but if we be like the Oake that will rather break then bow▪ if we ſtand upon the Excellency and the Antiquity of our Lawes becauſe they came in with the Romans and were never altered by Danes, Saxons, or Normans, then it isMorimur. death, and ſo it will be of all other profeſsions or miſteries where people finde themſelves grieved and ſtraitned in their liberties what ever queſtions may be made▪ as what will you deſtroy the Law? if they cannot untye the knot they will cut it, they will have a Law but it shall be for their owne good and ſo plaine that they may underſtand it, els they will not be bound by it; the Law is but a ſervant to the Commonwealth if it be found inconvenient or miſchievous in Theorie or practiſe it muſt be changed, and no doubt but many formalities and ceremonies muſt be buried in the ſepulcher of Monarchy, many old formes and curſary obſervations which exalt themſelves must like the Ceremoniall Lawes of the Iewes vanish and diſſolve; a learned Iudge shall not be directed in making Orders, or giveing Rules by the ancienteſt Clarke▪ but what is morall, rationall and equitable according to the judgement of Godly learned men shall be the Tract and Courſe of every Court; and Law and Equity (which are the greateſt antagoniſts in the world) shall be made friends and looke the ſame way, I ſay not in ſubſtance but many ceremonies and formallities in the practiſe of the Law must vanish upon the ſettlement of the Commonwealth upon its true Baſis even as the old shadowes and Legall ceremonies of the Iewes did diſappeare and vanish at the coming of the ſubstance, but wee know that there was much ſtrugling to maintaine them, and the Apostles did not abſolutely condemne ſuch as were zealous for their old practiſes, they thought it better to temporize a little, and to give the Ceremonies a decent funerall gradually as the people were able to leave it rather then to ſtruggle too much and deſtroy all that are contrary minded, and Pauls councell in the 15. of the Acts is full of divine wiſedome, that where God hath put no difference betweene Chriſtians, but purified their hearts by faith they should not oppreſse one another through difference of opinions, though it was about a great ordinance (a Scripture that should make many Christians ashamed for refuſing to joyne & walke with ſuch in Chriſtian ſocieties that are not in every thing alike minded with them) all honest Patriots and faithfull ſervants to the Commonwealth are not happily of the ſame judgement about the Reformation of the Lawes and ſetling the courſe of the practiſe, yet are not therefore to differ in affection, but being intent upon the popular utillity, and therein all agreeing, there is much prudence required, not to diſoblige honest men ſo to reforme for the publique good as not to deſtroy private Relations, the Monks and Friars had a maintenance upon the diſſolutions of Monaſteries, and God forbid that any man that hath an office or imployment which is not evill in it ſelfe but by accident, should be deſtroyed & turned a begging I hope we are none of us poſſeſt with that perniciousiprinciple of the Popes infallibility, nor much taken with that tale of Counſell given to our late King in Spayne upon a ſet of Diamond buttons that he had in his dublet all fastned by one thred, one of them ſlipping they all fell off, ſayes a Grandee there, ſo it will be Sir in England if you part with an inche of your prerogative, if you ſuffer any reformation it will be your deſtruction, we ſee what became of it; I preſume better things of my honored brethren in England: Let us not be like that generation of men the Bishops that hated to be reformed; ſo the Commonwealth florish it is no matter what becomes of our practizes; wee are members of that Body, and if it goe well with the State it cannot goe amiſse with us; God forbid that any one of us should be counted of ſo bad and corrupt a principle, as rather to keep three Nations in a lingring conſumption then deny our ſelves in point of diminution of gaine, it is not neceſſary that we should live, much leſſe exact great matters, but that Iuſtice be eaſie and ſpeedie, and mercy showne to the poore is the only thing neceſſary; Indeed the the greateſt part of my feare is, that many Godly honest hearts are poſſeſt with an opinion that knowledge is not requiſite in a Commonwealth as under a Monarchy, as if learning was onelyonly for a Court and for the ſplendor of Majeſtic, which indeed is the glory of all Nations.

The Lord deliver England from three ſorts of Mountebancks, Iudges, Miniſters, and Phyſicians, that have but one ſaddle for all horſes, that getting upon a bench talke of great cures, and if they cure one for a hundred that miſcarie; they are admired, like ſome old witches; not knowing the reaſon or cauſe of any effect or operation, which is the onelyonly currant learning, one mans reaſon (like his money) being as good as anothers; the grand reaſon why the learned Iudges in E. 3. and H. 6. and E. 4. times, and ſince, have not endeavored a Reformation of the Lawes hath been for want of conſideration to what end the Law was ordained; they have been very learned in book caſes; in the hiſtoricall part, that ſuch a Caſe was ſo adjudged; but the reaſon of that Iudgement, whether for the publique good or to advance prerogative they lookt not after, neglecting the polliticall part and end of the Law: And not tracing the Kings of England, in their foundations and footſteps of Tyrannie; in ſo conferring all places and offices of Iustice in the ſeverall Courts that it might mount (like a Piramis) to advance prerogative; but certainly the greatest miſerie to an Innocent is the ignorance of the, Iudge for what conſcience can there be where there is no ſcience, what Iuſtice can be expected from ſuch (though honest and godly men) that neither know what Iuſtice is, nor what Law the rule of Iustice is, nor why ſuch a Caſe is Law, but doe Iustice right or wrong, as we ſay Proverbially, if the Plaintiffe demand a hundred pound give him fifty pound to make them friends; and if a tall man have a short cloake, and a low man have a long cloake let the tall man have the long cloake for conveniencie; and truly Title Conveniency will be very large; indeed the Law ought to be plaine and eaſie, obvious to every mans ſence & apprehenſion; but if every man did know the Law, that is not all that is requiſite in a Iudge.

There is first, Patience; to heare all that can be ſaid, which men that know but little (though never ſo honest) will not have, for thoſe that have but little ſcience quickly pronounce ſentence; a wiſe man never thinks he hath heardPauca recenſentes facile pronunciant. Parties and Councell ſpeake enough. There is doubtleſſe much learning required in a Miniſter to be able to ſpeake to a Caſe of Conſcience, to compare Scripture with Scripture, and to ſearch for Truth as in Mynes, which is a laborious work▪ indeed if there were a plaine Precept for every duty, and a litter all expreſse prohibition againſt every ſin, there would be the leſſe need of learning in the Ministery; but many truthes lying deep, (though every believer hath the Spirit of God, to apply the Blood of Christ to his owne ſoule) yet without the bucket of human learning▪ and ſtrength of reaſon, he will draw but little for the good of others; the not underſtanding whereof hath already introduced a grand error, that many groſſe ſins are no ſins, becauſe not litterally forbidden, and many duties neglected, becauſe not commanded in expreſſe te armes in Scripture, though by neceſsary deductions made manifeſt by the help of reaſon; though Lea, Rachell, and Sarah furnished their husbands with other women, and that many of the Patriarks had many wives, yet there is no ſuch Law now; though the Scriptur ſay, we are to give an account of every action, yet we shall be accountable as well for our idlenes; it is not the words but the meaning of the Scripture which is Scripture, if otherwiſe, the Papiſt hath as much to ſay for his Tranſubſtantiation, and Arminians for generall redemption, as we for any Article of our faith: It is not for bunglers to take upon them the charge of ſoules;Cura anima rum eſt cura curarum. And there is much learning requiſite in a Phyſician to know the principles of mans Compoſition, the nature of Spirits, the nature, cauſes, Symptomes, and differences of the ſeverall diſeaſes, and the method and manner of curing them; the knowledge of hearbs, flowers, plants, roots, trees, mettles, minerall, druggs; and how to chooſe and prepare medicines, with infinit other perticulars which require a whole man to attaine a competent meaſure or knowledge therein; and God forbid that any Empericke should be ſuffered to trye experiments upon ſo noble a ſubject as the body of man, and though ſincerity of affection may counter vayle depth of Iudgement in private matters; and adviſes; yet in things of publique concernement, it will be but a blind zeale to judge according to events, for hard and great matters will ariſe in Iudgement, Exod. 18. 26. but the part of a Iudge is more difficult in ſome reſpects ſpecially in point of time. A Miniſter hath a weeke happily for his Sermon, and ſeldome any diſeaſe ſo violent, but the Phyſician may conſult about it; but where many people demand Iuſtice at an Aſsiſes, there is not onelyonly a promptitude of elocution, but much ſcience requiſite to give quicke diſpatch, which is the Clyents joy, and Iudgement is ſomething more then ſcience. Be inſtructed ye Iudges of the earth! but beErudimini. conſciencious for learning▪ and a good Conſcience are two of the bravest ſupports in the world; becauſe a man cannot be deprived of the firſt in this world, nor of the other in the world to come, and Iudges are ſo far to be skild in the Law of God, that in all cauſes coming before them they are to warne the Clyents that they treſpaſſe not againſt the Lord, 2 Chron. 19. 10. If this learning should fall (which I hope I shall never live to ſee) then farewell to Ministers, and after that, no more Magiſtrates.

Secondly, Prudence; 10 anſwer all objections and cavillations that will be brought to put life into a dead Cauſe; for in most great ſuites the parties Litigant commonly thinke that they are both in the right, and if the matter be heard by no wiſer men then themſelves, how shall he that is in the wrong ever come to ſee his Error? and this Prudence in a Iudge conſiſts principally in giving ſatisfaction to the hearers, that the ſentence is Iuſt, and if poſsible to ſatisfy him againſt whom Iudgement is given, that he hath no wrong done him.

Thirdly, Iuſtice; which muſt reſpect the cauſe and not the perſon; Iudges were pictured blind and the Areopagites gave ſentence in the dark; Thou shalt not pitie the poore in Iudgement (though it be plauſible (and naturall for tender hearted men eſpecially ſo to doe yet) God abhorrs it.

Fourthly, There is required Mercy; after Iudgement, the poore mans condition is to be conſidered, for, if Iuſtice be wound up a peg too high in the Execution of it, it breaks Summa Iuſticia is the degeneration of it.

But by this learning I am far from underſtanding any Craft or Artificiall ſubtillities in taking legall exceptions for the quashing of Inditements and thereby to ſave a witch or a murderer from the Gallowes, or to arest the Iudgement when the money is conſcionably due to the Plaintiffe, this is none of that wiſedom which Solomon deſired, I Kings 3. 9. which is requiſite in a Iudge; it is a wiſe and understanding heart to diſcerne Iudgement betweene good and bad, truth and falshood, a righteous and just cauſe, from that which onelyonly is ſo in appearance the ſimplicity of the Dove in doeing wrong to no man, and the wiſedom of the Serpent, to ſee that by ſubtillitie in pleadings, unneceſſary delayes, captious interpretations, and clamorous importunities, an honeſt cauſe be not delayed▪ or overthrowne; marke I beſeech you, what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me, then it bleſſed me, and when the eye ſaw me, it gave witnes to me, hearers had not words enough to praiſe my eloquence, hee was ſo admired, that any one but Iob would have been proud of halfe ſo many acclamations. Ver. 12, 13, 14. Becauſe I delivered the poore that cryed, and the fatherleſſe, and him that had none to help him; the bleſſing of him that was ready to perish came upon me, and I cauſed the widowes heart to ſing for joy. I put on righteouſnes and it clothed me, my Iudgement was as a robe & a diademe, the poore oppreſsed ones gave him 10000. benedictions, the widow owed to his care, the conſervation of her children; and by banishing ſadnes from her looks he made her life comfortable, and her mouth publisht his praiſe; the fatherleſſe, being vertuouſly educated, were in a better condition, then when they had a father; though Kings adorne themſelves with purple, yet they minde their pleaſurs and honors more then doeing Iustice to the friendleſse; but Iobs principle ornament and garment, Crowne, and Diademe, was Iustice. I was eyes to the blinde, and feet was I to the lame, I was a father to the poore, and the cauſe which I knew not, I ſearched out, hee mixed the quallitie of a father with that of a Iudge, granting executions against poore men with a bleeding heart; melting to thinke that ſuch as are lame, and blinde, should be ordered to run, and ſee like thoſe who are to lye in priſon for one hundred pound when they are not worth twenty pounds; certainly the moſt honorable title is to be ſtiled a father of the poore (for what need is there of rich men, but onelyonly to doe good to the poore?) and though a ludge must not pitie the poore in Iudgement, yet after Iudgement pronounced there is place for mercy, which is but Iuſtice; and before ſentence the poore mans intereſt ought to be ſo deere & precious to the Iudge as not to pronounce any ſentence againſt him till his cauſe be throughly not onelyonly opened, but ſtudied▪ and when the poore had none or but little Councell, Iob was as well their Advocate as their Iudge; As by the wiſedome of the Law of England the Iudge is to be a Councell for the priſoner in matter of life and death, ſo was Iuſtice Iob a Councell for poore men in all Civill Cauſes; and would not let any man lye in priſon for a debt untill he had examined the justnes of it, and that it was cleerely due as well in equity as by Law, and his juſtice is moſt conſpicuous. Iob 31. 13. If I did deſpiſe the cauſe of my man ſervant or of my maid ſervant, when they contended with mee; hee heard the complaint of his ſlaves, he permitted every man to ſpeake for himſelfe before he be hayled to priſon, to alledge reaſons why hee ought not to be carryed thither, and the ground of ſuch his ſupereminent Iustice was ver. 14. 15. VVhat then shall I doe when God riſeth up, and when he viſiteth, what shall I anſwer him? did not he that made me in the wombe, make him? and did not one fashion us in the wombe? that though he was a Iudge upon earth, yet he was a ſervant to the God of heaven; who would enter into judgement with him, that though the condition of the Iudge, and the Client be different, yet their birth is alike, God is Father of them both, the Clients body molded of dirt, and the Iudges not formed of any nobler matter, and that both of them had the honor of being formed by the hand of God, and both their ſoules made after his Image, as if Iudge Iob and his ſlaves were Copartners or Tenants in Common; that Princely ſpirit goes on, and from ver. 16. to ver. 25. makes the moſt incomparable challenge that ever the people heard of; If I have withheld the poore from their deſire, or have cauſed the eyes of the widow to faile; Or have eaten my morſell alone, and the fatherleſse hath not eaten thereof: (for from my youth hee was brought up with me, as with a father; and I have guided her from my mothers wombe.) If I have ſeene any perish for want of cloathing, or any poore without covering; if his loynes have not bleſſed me, and if hee were not warmed with the fleece of my Sheep; if I have lift up my hand against the fatherleſſe▪ when I ſaw my help in the gate; then let mine Arme fall from my shoulder-blade and mine arme be broken from the bone; for deſtruction from God was a terror to me, and by reaſon of his highnes I could not endure; if I have made gold my hope, or have ſaid to the fine gold, thou art my confidence; if I rejoyced becauſe my wealth was great, and becauſe mine hand had gotten much; if I rejoyced at the destruction of him that hated me, or lifted up my ſelfe when evill found him. The ſtranger did not lodge in the ſtreet, but I opened my dores to the traveller. If I uſed to keep guard at my ſtudy-doore that ſuitors could not ſpeake with me without a fee; if I ſent a man back with a shamefull deniall; if I did not miniſter ſpeedy juſtice to the poore for the love of Iuſtice; and to the rich for a ſmall matter; when I ſate in the City-gate where the Court of Iuſtice were kept that every man might ſee and heare the reaſons of my proceedings, if I were not as tender of Clients and Petitioners as if we had tumbled in one belly together, and ſuckt the ſame milke; if I have not uſed my power to tame the inſolence of proud ſpirits, making them examples by death or other penalties, where their wicked lives had given ſcandales, if the wooll of my flocke hath not defended the poore from the ſtormes and rigor of winter; if I have ill treated the Orphants and let one brother feaſt & brave it, and the younger children to be all beggars, or be fed at the charity of the elder brother; if I have confidence in the merit of the perſon & not in the justice of the Cauſe; if I have more eſteeme of birth then vertue, and preferred greatnes before pietie; I then wish that that guiltie part may be torne from my body and that to terrifie all Iudges that abuſe their power; then let my arme be broken from the bone by the infamous hangman; for Mariners are not in ſo much feare of the Tempeſt in winter as I ſtand in awe of the anger of the great Iudge. If mine enemies miſerie have been any pleaſure to me; if I have thought my ſelfe better then my neighbours, becauſe I was richer, if I were ever overcome by threats, or corrupted by preſents, to pervert Iudgement; if my conſtancy was ever shaken by any bribe; or if ever money had more power over my minde then reaſon; if I were ever cruell to any man and made dice of his bones; though the men of my tabernacle ſaid ver. 3. Oh that we had of his flesh, we cannot be ſatisfied; I had ſervants and officers enough, not onelyonly to have hurried any man to priſon to have repaired my honor, or contented my paſsion, but ſuch as alſo would have cut them in peeces, and devoured them; if I have not helpe every man to his Lands that had right to them without drawing teares from their eyes by tedious attendances, then I am content not only, that heaven should curſe my lands (that for wheat which I shall ſow I may reap but thiſtles) but to be tormented with an eternity of miſeries! May I crave leave to inſert an hiſtoricall obſervation?

In Holand after they had given a wrtt of Ejectment to Monarchy & the Maſſe, the Courts of Iuſtice for a time went on in their tedious formallities; which ſo diſcontented the people (their Law ſuites taking them off from their trades with dilatorie and costly attendances) that they began to repent themſelves of their ſo deerely purchaſe liberties; Doctor Walaeus profeſſor then at Leiden, a grave, judicious man, having by Scripture and reaſon ſatisfied and quieted many exaſperated mindes, that the chief Magiſtrates of the Provinces, ought in the first place, principally to intend ſecurety, and laying foundations (where the ſuper ſtructures will be eaſie) then applyed himſelfe to the Senators in an oration, which though I doe not affect the mixing of Latin in an English diſcourſe, yet leaſt the liquor should be viciated by powring it out into another veſſell, I thinke fit to give you his owne words, ſpeaking of Iudges and Advocates, by way of interrogation, or admiration he ſaith; Nos qui ſumus Reipublicae Chriſtianae Candidati; tales reſpiciemus & retinebimus Iudices ac Legulares, quos Cicero vocat, praecones Actionum, Cantores formularum, & Aucupes ſyllabarum; ut qui cadat, in litera, cadit in cauſa. Abſit; longe abſit; nos tales habebimus Iudices & Advocatos qui Deo noverint dare quod ſuum eſt, & populo quod ſuum eſt; plana vera; & immota praeſcripta Iuſticiae Deo placent, ſi aliqua conſuetudo fit in contrarium, praeferatur antiquus ille dierum; nulla debet praeſcriptio praevalere contra Verbum Dei, quia veritas antiquior eſt falſo; vera & ſuprema Dei Lex architectonica, omnibus Legibus municipalibus eſt praeferenda; quia hec ſola omnibus alijs praeſcribit modum, ac formam; neceſſe enim eſt aut leges veſtras praeſcribere legibus Dei; aut leges Dei praeſcribere veſtris; ſi priori modo, non eſtis Dei ſervi, Ejus etenim ſervi eſtis cui eſtis obedientes, ſcitote vero adminiſtratores Reipublicae rationem Legum ſuarum ſummo moderatori Deo reddere teneri nee valebit argumentum patribus Reipublicae uti invenimus leges, & ſtatuta, ſic ea reliquimus; quia boni Concilij eſt, aut leges corruptas mutare aut eorum officia deferere quomodo enim pertinet Romana lex ad Chriſtianum, niſi à Deo approbetur? Pontificij ſublevant & reformant Leges Civiles per Ius Canonicum non à ſcripturis, ſed Paparum decretis, Concilijs, ac Patrum ſentencijs, deſumptis, nos vero nullum agnoſcimus Ius Canonicum niſi quod ex ſacro Dei Verbo aut ex ejus certa & conſtanti analogia colligatur; abſurdum eſt dicere, leges priores eſſe puriores, aut antiquiores, meliores, quomodo enim Mancipij leges ſalubres condere valeant, & nolunt Monarchae Cedere populo in materia libertatis; quaelibet bona lex eſt precium ſanguinis, & in Regione & Religione Catholica impoſſibile eſt Leges Civiles eſſe puras, quia Religio & Lex inter tolares fiunt ac in permixtae, ubi pura Religio ibi pura Lex Civilis; Corrupta Religio Tirannica Lex, reformatio Religionis neceſſario ergo inducit mutationem legum Civilium, non quoad fundamentalia vitae; membrorum ac proprietatis, ſed quoad formulas ac ſolemnitates Iuris, quae formulae Legis non ſuntipſa Lex; And much more to the ſame effect by learned Walaeus; which oration of his, tooke ſuch impreſsion, that within a monethmonth after, the forme of Legall proceedings received ſuch an alteration and abbreviation, that whereas before according to Imperiall constitutions, a ſuite in Law continued three or foure yeeres, and the beſt purſe at laſt prevailed, cauſes were ordinarily ended in a monethmonth; and if the Plaintiff cannot bring his cauſe to a period in three moneths he is diſmiſt of courſe, unleſſe it be neceſsary to ſend Commiſsions beyond ſeas between Merchant and Merchants, or in very difficult caſes, and where the witneſſes are in forreigne parts rare; The contrary practiſe whereunto is but as a ſweet harmonie to Satan, for does not he laugh to ſee a murderer eſcape through a miſnaming or miſtake in the Indictment; and a poore man that cannot read hanged for a sheep, or ſome corne taken to relieve his poore wife and children; to ſee a man that hath an estate to walke abroad and confront his creditors (though a priſoner in execution) and a poore wretch not worth ten pounds thruſt into a hole untill he pay one hundred pounds, which he is no more able to doe then the Phyloſopher to dry the ſea with an Oyſter shell; It is not Cor gaudium to him, to heare learned men ſay, that the Plaintiffe hath a cleere right and title to the Land or money demanded, but becauſe of ſome miſtake in the bill or proceedings he muſt pay costs to the Defendant, that is the wrong doer; Bleſsed God! did thy ſacred Majeſtie diſpence with the breach of thy holy Law, to ſave the life of an Oxe or a Sheep, that should fall into a pit on the Sabboth day, and shall not thy ſervanti diſpence with a circumſtance (where the right plainely appeares) to ſave the life of a family; nothing is ſubſtanciall in a courſe of Iuſtice but what is equall, reaſonable, and good, all other formes or methodes are but in effect Poperie, or Turciſme, as being a ſlavery to mens perſons, or eſtates, and to be abolisht by vertue of the Covenant which in the equity of that branch of the Hierarchy I ſpeake of the Ceremoniall and Circumſtanciall formes and proceedings which are coſtly, delatory, and mortiferous; but the eſsence of the Law like the ſubſtance of the doctrine of the Church of England (truly ſo called, not as Conſtituted in a Goſpell order, but in oppoſition to Rome as Antichrist is ſaid to ſit in the Temple of God, and Rome called a Church in oppoſition to Turks and Pagans) is in moſt things inviolable, inalterable, and immutable, for indeed the Law of England is ancienter thenDr. & ſt▪ books, the maine pillar whereof is the righteous Law of God, according to which the reformation muſt be, otherwiſe it is impoſſible to have any ſetled peace in a Commonwealth, where every one does or may ſtudy Scripture; it is pure ſollid reaſon whereof to deprive any Law, Custome, or Courſe of a Court, is to take away the ſoule from man, for where the Law or any Courſe of Practiſe is taken upon truſt by tradition and not upon election and choice of reaſon, the greateſt tiranny and oppreſſion is exerciſed by collour of that Law which puts oppreſſion both into one Act and an Art, but then this Law muſt be publique reaſon, that which the Iudicious and moſt learned men judge ſo to be, not the ſenſe or Iudgement of any private man, for that will be as dangerous to the Commonwealth as the private interpretation of Scripture ariſing out of ſome mens braines, and not out of the Scripture it ſelfe, is to their ſoules. 2 Pet. 1. 20. and 3. 16. by miſinterpreting and drawing them violently from the true ſenſe, to a falſe one; to uphold their errors as it is poſſible ſome may uphold old errors againſt new truthes for advantage ſake; for there is a remnant of old Adam in the best man. The two great enemies that S. Paul had, were two Smiths, the ſilver Smith, and the Copper Smith that got much money by making ſilver and copper chaines, or Image to the Heathen Gods, and Goddeſses, Acts 25. 24. to the 28. great is Diana: and 1 Tim. 4. 14.

Now becauſe it is of very high concernement for all that are ſervants to the Commonwealth in publique imployments, to live in the opinion of all good men as the beſt and ſtrongest fortification and engagement to faithfulnes and diligence, therefore having received ſome loving advertiſements from ſome faithfull friends in England, as if we proceeded here irregularly or arbitrarily in matters of Iustice; that ſome turned the Law into Preaching that had other buſines to do; and that Ministers are harshly dealt with, or to that effect, knowing that truth is very welcome and reaſon very prevalent with your Honors. I crave leave to anſwer, first, as to the adminiſtration of Civill Iuſtice in this Province, thus it ſtands; my Lord Lieutenant (the dayes of whoſe life, the Lord of life multiply and ſweeten to the further Terror of his Enemies: and greater comfort of his deere ſervants) upon many petitions from the Inhabitants of the Province of Munſter was pleaſed to revive the Preſidencie Court there as formerly; conſisting of the Lord Preſident, two Gownemen, viz▪ a first and ſecond Iustice, and other Commiſſioners.

My Lord Deputie (who is a bleſsed Inſtrument and indefatigable in the works of holines and righteouſnes) for the great eaſe and ſafety of the people, hath altered the Provinciall Court into County Courts, that whereas before the people travailed fourty or fifty miles, now their differences are ended at home in the nature of Aſſizes or ſittings; And the Honorable Commiſsioners of Parliament promoting the true liberties and freedome of the people, have given great eaſe to them in taking away ſome needleſſe offices and in matter of Fees, there being ſeldome twenty shillings ſpent in a cauſe by all parties, unleſſe it be in Councells Fees, which are aſcertained, and but very ſmall in compariſon; I doe not in the twenty shillings include the charge of witneſſes which yet is very ſmall, not goeing out of their owne County; but the Fees uſuall which are allowed to the officers, Iury, Clarks, and Attorneys (for the Court hath not any) every man pleading his owne Cauſe, which I obſerve to be a good way for diſcovering the truth; The forme and method of proceedings hath not by me been altered in any point conſiderable; but indeed the originall conſtitution of the Court ſeeme to me to be excellent in foure particulars.

The firſt proces of the Churt hath ever been a ſummons in the nature of a Subpena, then an attatchement or diſtreſse of the defendants goods, not reſtraining his perſon but for matter of Contempt, or upon very juſt and reaſonable cauſe.

Secondly, It is a mixt Court, and the Bill may containe both Law and equitie whereby halfe the ſuites in the Province are ended or prevented, but hath no Cognizance of Pleas reall concerning titles of Land.

Thirdly, The Cauſe is heard and ended as ſoone as it is ripe for hearing; indeed herein is ſome alteration, for whereas formerly there were but two or three ſittings in a yeare; the Iustices and practizers attending the upper Courts at Dublin, in the Terme-time, and ſo cauſes depended long; Now (having no other buſines to doe) wee end the difference as ſoone as it is prepared for a hearing, which ſome (how Iuſtly let wiſe men Iudge) have cenſured to be an inovation and precipitous Iuſtice; indeed precipitancy is the Stepmother of Iuſtice, and must as carefully be avoided as falling from a Rocke, but that is to heare and determine before both parties are ready or had convenient time ſo to be; otherwiſe when a Cauſe is ripe for ſentence why should not the Court put in the Sickle? a ſpeedy tryall is the Plaintiffs joy and just Iudgement delayed may prove worſe then an unrighteous ſentence ſpeedily pronounced.

Fourthly, There is a great difference between the proceedings in England, and the ancient courſe of this Court in point of payment of debts; for debts are payd by instalment as the Defendants are able to pay them (a most excellent and admirable compoſition of a Court) for the caſe of poore Ireland ſtands thus; the poore Engliſh who through Gods mercy ſaved their lives, but lost their estates by the Rebells; begin now (bleſſed be God) to returne to their poſſeſsions, and the protected Iriſh make a hard shift to live, paying great Contributions; and many a poore man hath got a plough of five or ſix garrons, as many cowes, forty or fifty sheep, all worth about fifty pound; this poore man payes for horne and corne, and begins to grow warme in his buſines, but comes an Action of debt (like an armed man) upon him, for fifty or a hundred pound, contracted before, or for his neceſſarie ſubſistance during the Rebellion; the Plaintiffe having been long out of his money, is very ſtomack-full (blame him not after ſo long faſting) and proſecutes with all rigor; Iudgement cannot be denyed him; an execution againſt goods in other Courts Iſsues of Courſe, and what followes? the goods are ſold at under rates, at 25. or 30. l'. (for who will buy his neighbours goods ſo taken from him but will be ſure of a good penny-worth?) and the fees and charges of the execution are ſo great, that the debt if it were but 50. P. is not halfe payd, and for the remainder, the defendant is taken in execution where he ſtarves to death, and his wife and poore children beggs from doore to doore, unleſſe relieved by the parish; but by the courſe of this Court the defendant comes in, and prayes an Instalement and a Iury of indifferent and impartiall neighbours inſtall the debt to be payd by ſeverall gales and dayes of payment, as in the Defendant shall be thought able, and if the Iury (who certainely are the proper Iudges in ſuch caſes, for it may be their own caſes the next day) findes any fraude, deceit, or violence, the Defendant is impriſoned, as he well deſerves, by which meanes (it is an obſervation to me very admirable) though the people be extremely indigent, there not being ſcarce a tenth part of the money here that is in England, debts are I believe ten times better paid here then in England for of 5. or 600 l'debts that have been here ſued, for in ſome one Countie ſcarce know ten of them but are payd, or ſecured, whereas if the Reynes of the Law had beene let looſe here, as in other Courts in all probability, there had never been ten debts of a hundred ſatisfieed; for not one Defendant in twenty hath ſo much money by him, and if either his perſon be restrained, or his little flocke taken away, his friends leave him, and ſo miſerie quickly findes him; but give him time, he works like a mole to keepe himſelfe or his goods from Arreſt; one friend like one hand helps another; he recovers ſome other debts due to him, and in a short ſpace becomes a noune ſubſtantive; I could inſtance in many that had Actions against them of 2. or 3000 l'. value (it would pitie a man to ſee more load ſtill layd on, as if they would be prest to death; yet by this way of Inſtalment, the man having a breathing time agrees firſt with one, then with another, and in a short ſpace growes into as good credit, as any of his neighbours, the contrary practize of not inſtaling debts, as men are able to pay, hath beene the ruine of many families that might have flourished to this day; and by this meanes the Contribution to the Army is payd, Agriculture increaſed with many families) would all be quickly ruined if the Farmers should be unſtocked by ſuch executions. The practiſe of this Court hath likewiſe formerly been very profitable and eaſie to the people in matter of Executorships, and Adminiſtrations, as to end ten or twenty ſuites upon one bill filed againſt an executor, or adminiſtrator, the creditors are all called, and every mans part proportioned according to the conſcionable demerit of the debt, and not the whole eſtate ſwept away upon a dormant Iudgement, to the defrauding of many poore Creditors, with ſome other equitable practiſes too long for an Epiſtle.

As to the ſecond cenſure that many preach uncalled, or that have other buſineſſe to doe, wee know that untill there was a ſtanding office of Prieſthood, Moſes who was the chiefe Iudge of all Civill Controverſies exerciſed, the Prieſtly office, Pſal. 99. 6. Moſes and Aaron among his Priests, and Samuel among them that call upon his name. It was Moſes that conſecrated Aaron; but we doe not read that he was conſecrated himſelfe; Magiſtracie and Miniſtery are distinct bodyes, but in the abſence of a Miniſter, every gifted man, not onelyonly may, but ought to ſpeake to the people, as a good ſteward of the grace of God under penalty, not onelyonly to have the Talent taken from him (which human prudence would thinke ſufficient) but the unprofitable ſervant is to be cast into utter darknes, in which ſenſe doeing all that we can, I hope we are not unprofitable ſervants; If ſuch an objection should be regarded here, wee had long ſince been Atheiſts, without any face of Religton upon the Sabboth day, and without any forme of godlines; ſurely if in Law, much more in Religion; Neceſſity makes that not only lawfull but comendable, which otherwiſe would not be ſo; beſides there are ſome that can give an account of their faith Latinaliter; and ſo by the Statute of the 13. Eliz. cap. 12. may preach, and ſo may any other, by vertue of that Statute, that hath a ſpeciall gift and ability to be a Preacher; but there is ſomething of more particular concernement. In ſuites depending betweene the Engliſh and Iriſh; when Iriſh witneſſes are produced, the Engliſh object (which indeed is one of the greateſt difficulties I meet with) that they make no Conſcience of ſwearing upon our Bibles, but will ſpeake truth upon a Ladyes Pſalter, or by St. Patricke; now they will not come to our Sermons to heare their groſse Idolatries and ſuperſtitious fopperies reproved, but are very constant auditors in Courts of Iuſtice, where ſome of us take occaſion to informe them of the nature of Oathes, and endeavor to convince them of the ridiculouſnes of their bread God in their tranſubstantiation; that they commit adultery with their Images, and are ſo impudent in croſsing their foreheads that they cannot blush at it; of the danger, infamy and horror of perjurie remembring them of Ananias, and Saphira, who for telling a lye (without any oath) were ſtrucken dead upon the place; that their Popes have been monſters of mankinde, conjurers, witches, and divells in a humane figure; that Prieſts and Friars are very cheats and theeves in robbing poore deluded ſimple people; that their Priests by their Law are not to marry, and by cuſtome not to live chaſt; that the pretended miracles they brag on, are meere impostures; that their true miracles are onelyonly ſuch as theſe their Prieſts to have no wives, and yet many children; Friars to have no ground and yet most corne; no money nor vineyards yet the beſt Sellars of wines and proviſions; that it is a miracle that they doe not all riſe as one man against the Pope for his cruelty, that having power (as they hold, and himſelfe confeſſes) to let out and diſcharge all their anceſtors & friends from Purgatory (which they ſay, is as hot as Hell fire) yet will not doe, becauſe they have not money enough to give him, and his Priests for it; that their Religion is wholly compoſed and patcht up of Iudaiſme, Paganiſme, and Turciſme, and as many abſurdities in thoſe points they differre from Proteſtants, as there have been minutes of time ſince they crept in amongst them, which ſome call preaching & Innovation, though in effect it is no other then what ſome of the Reverend Iudges in England have mentioned in their charges in the Circuits upon the Statutes of Recuſancy, which expreſſions, though for the matter of them they must ſeeme to exaſperate, yet the manner of delivery may much mollifie and ſalve it; we pitie their blindnes, that their ſoules should be ſo deluded, and they perceiving that it is ſo ſpoken in love, and that we would not diſpleaſe them, but inteutionally for their owne good, they are not angry with that Surgeon that cuts and lanches the patient, deſiring to cure him; but concerning the laſt part of the objection that wee have ſilenced the Clergie in Munſter, to make way for our ſelves to vent our owne opinions becauſe I underſtand that the matter of fact concerning that particular, hath been untruly repreſented, and a falſe diſguiſe put upon it; as godly, learned Miniſters were thereby diſcouraged from coming over hither, where they are ſo much wanting, and should be ſo cordially welcome; I preſume briefely to report the true ſtate thereof; at my coming into Munſter, I found the Clergie there generally ſequeſtred for delinquencie againſt the Parliament, in having adhered to the Lord of Ormondes and Lord Inchiquines illegall authorities, after their being declared Traytors▪ which reſolutions were printed with their names thereunto, which was not denied ſcarce by any of them; my Lord Lieutenant, looking upon it ſomething like the generall caſe in Adam, that man who was the maſter peece of the creation was wholly loſt, was pleaſed to referre the ſaid Clergies Petition to Sir William Fenton, Colonell Phaier, and my ſelfe, to proceed againſt them in like manner as the Honorable Committee at Weſtminſter proceed against ſcandalous Delinquents, or inſufficieut Miniſters; which we did accordingly and (in his Excellencies abſence) attended my Lord Deputies pleaſure therein, who joyned Eſquire Gookin, Dr. Harding, Colonell Hodder, and Capt. Baker▪ with us, and as in all his Actions having in his eye the glory of God, and the goodtof poore Creatures, required us to Act therein as might moſt conduce to the publique good we endeavoured what we could to ſeperate the precious from the impure, and to diſtinguish betweene murder and manſlaughter; viz. though they had all contracted, and were involved in a generall guilt by that ſubſcription; and conſequently obnoxious to Iuſtice; becauſe a greater difference could not poſſibly have been done to the Parliament, then for the Provinciall Ministers to declare their Iudgments and reſolutions to aſsiſt and adhere to thoſe Traytors, for no doubt but thereby many of the Engliſh which had ſo much ſuffered by the Rebells were taken off from their former good affection & faithfulnes to the Parliaments juſt authority, being like ſo many poore sheep, ruled by thoſe whom they call their ſpirituall Sheepheards; yet becanſe many of them might be drawne thereunto for their own preſervations (as the caſe then ſtood with them) and upon the matter forced to ſubſcribe rather to ſave their livings then out of any diſaffection to the proceedings of Parliament; ſuch of them as did acquit themſelves from ſcandall in life and doctrine, and were gifted for the Miniſterie are continued, and enjoy their benefices without diminution, unleſſe it be in caſe of pluralities: and truly for my owne part, I found much Ingennitie in many of them; and wherein they differ from us, I take it to be from a conſciencious principle; & hope & daily pray that there may be a right understanding and better agreement between all honest and conſciencious people that feare the Lord, that we may all as one man with one shoulder, labour to exalt the Kingdome of Ieſus Chriſt▪ and to advance holines & rigbteouſnes in our ſeverall Actions; but indeed, the harveſt is like to be very great in this Nation, and the laborers in Christ Vineyard are very few, many poore Engliſh here are like corne, ready to be brought into Gods Barne by Converſion, but there are very few painfull, skilfull, harveſt-men, pray we therefore the Lord of the Vineyard, that hee will ſend forth Laborers unto his Vineyard, or as the words are, caſt them out, for men are very ſlow in ſo holy a worke, Preachers that have the tongue of the Learned, that know how to ſpeake words in ſeaſon acceptable and delighfull Eſay 50. 4. Ecleſ. 12. 10. able Ministers of the new Testament, 2 Cor. 3. 6. who by an ordinance of heaven ought to have a comfortable maintenance, 1. Cor. 9. 14. Gal. 6. 6.

And as I was concluding, came the ſad newes of the tranſlation of our incomparable Lord Deputie, the truly Honorable Henry Ireton Eſquire; therefore though I feare I have already exceeded the limitts of an Epiſtle, yet my heart being ſo brimfull of grief, I humbly beg Your wonted Clemency, and much Honored patience, that it may a little vent and run over in a few broken words, though bedewed with teares, his Death is ſuch an Ecclipſe to poore Ireland; that may be beſt felt & underſtood many yeers hence; indeed England and Scotland, and all ſorts of people in the three Nations, eſpecially the poore oppreſsed fatherleſse, and widowes (to whome he was upon all occaſions a patron, father, and husband) have no ſmall cauſe of lamentation, never had Commonwealth a greater loſſe, becauſe undoubtedly there was never a more able painefull, provident and industrious ſervant; that with more wiſedom, prudence, faithfulnes, fortitude, and ſelfe-deniall, diſcharged his duty to all people, and acted every part ſo well ſince he firſt appeared to publique view, as if he had been borne only for that particular; if he erred in any thing (as error and humanity are inſeperable) it was in too much neglecting himſelfe, for like a candle hee waſted his vitalls, to give light to others, ſeldome thinking it time to eat till he had done the worke of the day at nine or ten at night, and then will ſit up as long as any man had buſines with him; indeed he was every thing from a foot Souldier to a Generall; and thought nothing done whilst any thing was undone; his laſt tedious and wet march into Conaught, for the reducing of Clare, and other Caſtles, after the rendition of Lymericke cost him deere (as I underſtand) occaſioning the fever; his heavenly Father would not ſuffer him to dye by the hand of the enemy, nor of the Peſtilence▪ whereby many of his deere ſervants have beene called home; he was a moſt exact Iusticiarie in all matters of morall righteouſnes, and with ſtrength of ſollid reaſon had a moſt piercing Iudgement, and a large understanding heart to diſcerne betweene good and evill, truth and error; hee was one of thoſe good Magiſtrates propheſied of in Rom. 13. and his converſation was a true interpretation of that Text, being ſo intent to Gods honor, that he never thought himſelf ſerved or be friended in any Action unles God was therein, ſerved and honored; let us minde our duty (ſayes hee) and what Scripture have you to warrant it? I believe few men knew more of the Art of Policy and ſelfe intereſſed prudentialls, but never man ſo little practized them; he is, and shall be moſt deere to my remembrance; and of all the Saints that ever I knew, I deſire to make him my Preſident; for uprightednes, ſingleheartednes, and ſincerity; he exerciſed it to his enemies; Oh, ſayes he, deale platnely with them, let them know what they muſt truſt too, and though hee was very ſparing in his promiſes to the Rebells, yet he was moſt liberall in performances; he had a very cleere divine light of truthes ſupernaturall, and being ſtrong in faith and of a most humble and meeke ſpirit, gave God the glory of all ſucceſse; upon the leaſt loſse we received by the Iriſh, or any diſappointment; Oh, ſayes he, is not our God angry with us? let us be fervent in prayer to know his minde in every checke or chaſtiſement; as upon the loſſe in attempting the Iſland by Lymericke, where gallant Major Walker lost his life; He wrote to Colonell Lawrence, and others of us here, by the name of his Christian friends and brethren, to be earnest with the Lord, to know his minde what he would have his poore ſervants in the Army to doe; I doe verily thinke, that ſince the Apoſtles dayes there was never more Divine breathing of the Spirit of Chriſt in any Letter then in that; He had a moſt noble propertie, that if any man was queſtioned or cenſured behind his backe, he would be his Counſell, and argue for him every thing that could be rationally alledged; never did man in the owning of his Authority more diſowne himſelfe; hee was a most exemplary Christian in duties of piety and Religion, alwayes beginning and ending Conferences & Councells with prayer, ſeeking wiſedom, adviſe and ſtrength from God upon all occaſions, he had conſtantly (when in Gariſon) an exerciſe before ſupper, and though he ſatt in Councell till eight or nine at night, yet by his good will the diſcourſe should not be the shorter, but when Mr. Pacient (a man of great experience in heavenly things) or any other, ſeemed to be ſtrained in time, he would ſay, let us not thinke that time too long in Gods immediate ſervice, and when others had ſpoken to any diſputable and uſefull question, hee would ſpeake with that depth of Iudgement ever tending to unity and unanimity in opinions and affections, that (to my ſlender apprehenſions) I doe not know that ever I heard him maintaine any error; and was willing to heare truth from the Souldier; when the ſicknes encreaſed the last yeare, he appointed not onelyonly one or two dayes to ſeeke the Lord to revoke that Comiſsion▪ but every fourth day of the weeke for ſix weeks together; and ſure it is a bleſſed thing when Moſes ſpeaks to Aaron, the Magiſtrate to all Gods people, to be ſervent in prayer, when wrath is gone out from the Lord and the Plague begin Num. the 16. 46. his eſtimat or character of a godly man, was not principally that he was of ſuch a ſorme, opinion, judgement, or attainement; but where he found the maine bent and reſolution of his ſcule to be to know God in the face of Ieſus Christ, and to promote his glory, to ſerve the Saints, to begin or ſecond a good motion, with all his might; to doe good to every viſible object, to love the first appearances and cherish the least ſparks of grace, and Image of Chriſt in whom ſoever exiſting and to renounce the honors, profits and pleaſures of this life for Chriſts ſake who became of no reputation for us; he greatly delighted in the Communion of Saints, and made union with Chriſt (and not any other opinion) the ground of it, which is the onelyonly foundation of that Church, againſt which the gates of hell shall never prevaile, as that ſweet ſpirited Chriſtian Mr. Ieſſe hath unanſwerably evinced; he would often ſay to this effect, that there was no honor like to the ſervice of Ieſus Chriſt, and let our ambition be who shall be moſt inſtrumentall for God in his generation, and having done our worke with all diligence, let us truſt God for our wages, but halfe worke is not pleaſing to God. I know the want of ſome diſtinguishing ordinances was a burden to him, and I am afraid that our heavenly Father hath a controverſie with many of us in Ireland for ſeverall deficiencies or redundancies, as first, our undervallueing the Lords Supper, I am afraid ſometimes that God will make the leſſe account of our bloods and of our children, becauſe we ſo little eſteeme (if not trample under-foot) the blood of his Son in that Ordinance; if a Chriſtian cannot conveniently enjoy it, yet he should mourne for the want of it. Secondly, for not Sanctifying the Lords Day, the morallity whereof too many deny, and ſuch as hold it, yet upon every triviall and ſlight buſines, which might have been done the day before, or deferred till the day after; forget to keep it holy; I agree that works of neceſsity and mercy may be done upon that day where it is really ſo of Gods ſending, and for publique utillity; but a culpable neceſsity of our owne making will not excuſe the breach of that holy Law. Thirdly, that when the honest interest is ſtrugling for life ſome should be ſtriving for eſtates or rather when Ieſus Chriſt is daily Crucified in his members by the bloody Tories, there should be emulations and contentions amongſt us for ſuperiority, or prudencie, as was amongst the Apoſtles; that whereas S. Paul only commands to render honor to whom honor is due, Rom. 13. 7. wee are too ready to aſſume titles of honor which are not owned in England. Fourthly, or it may be that every officer hath not the bowells and tender care of a father to his poore companions, 1 Chron. 11. 17. 18. 19. And David longed and ſaid, Oh that one would give me drinke of the water of the well of Bethlem that is at the gate. And the 3. brake through the hoſt of the Philiſtines and drew water out of the well of Bethlem that was by the gate, and tooke it and brought it to David, but David would not drinke of it but powred it out to the Lord▪ and ſaid, my God forbid it me, that I should doe this thing; shall I drinke the blood of theſe men that have put their lives in Ieopardy? for with the jeopardy of their lives they brought it, therefore he would not drinke it. Fiftly, or per adventure that we are not ſo intent upon the principle worke that wee were ſent over about ▪ viz to right and reſtore the plundered, banished, and oppreſſed Engliſh, Sixtly or lastly, that we doe not put a difference between ſuch as have been active in the beginning or proſecution of the Rebellion, and ſuch as have only had their hearts, and not their hands in it; the Lord help us, wee know not how to caſt a ſevere eye upon the offence, and yet a pitifull eye upon the perſon, ſome are too indulgent in the remiſſion of juſt punishment; others turne Iudgement into wormewood by an over exact ſeverity; but bleſſed be God, what errors are amongſt us? they are but in the head, I hope our hearts are ſound and right for Holines, Iuſtice▪ and Mercy; ſpecially ſuch as are intrusted in Councell and Conduct; this is but as an humble Caution. And whether it pleaſed God to take away ſo precius an Inſtrument; either for his owne ſins, or for ours (we being indeed not worthy of him) or that his glory may be made more manifest, that he is not tyed to any man, but can carry on his owne worke, in the removall of the wiſeſt Counſellors, and moſt valiant worthyes; It is not for us poſitively to determine.

Pray pardon me but a word more, truly all things conſidered▪ I doe not know, that there are diverſities of gifts and operations, but it is the ſame God and Spirit which worketh all in all, 1. Cor. 12. 2. 4. and happily ſome may excell in one thing▪ and ſome in another; but for ſo great a ſtocke of knowledge, ſuch extraordinary abilities in matters and learning, Military, Iudiciall▪ Reipublicall, Mathematicall, Morall, Rationall, and Divine, I ſay for every thing requiſite and deſirable, both as a man and as a Chriſtian, I thinke it will be hard with many candles to finde his equall; but he that made him ſo good lives for ever, and his yeeres change not, Pſal, 102. 27. who can (and I truſt will) richly adorne and quallifie his ſucceſſors, and make them ſuch as he would have them to be; that what his Moſeſſes shall leave undone, may be finisht by his Ioſhuaes; which will undoubtedly be ſo, if our unbeliefe hinder not good things from us; for bleſſed be God they which are next in Command here, and many others, are of Gods deſignation Called and faithfull and Choſen, and ſuch as honor God; and therefore ought to be honored; but Tragedies muſt not be long, thoſe that knew him not may thinke I ſpeake for affection, and thoſe that were intimate with him will blame me of ignorance▪ that I ſay ſo little, the more worthy he was, the greater is the loſſe, eſpecially to his deere and honored relations, (whom the Lord bleſse with all benedictions, temporall and eternall) for whoſe ſakes I should not have ſaid any thing in point of Comendation least it should encreaſe their ſorrow, but that I hope that they are, and shall pray that they may be more poſſeſsed of that rare Iewell of Chriſtian reſignation and living in the divine will; I am ſure that hee was tender of the honor and wellfare of the Sonne of God and his members: therfore no doubt but God will be a Father to his good Lady and Children, but great griefes command ſilence, and it is beſt to caſt a vayle upon it, that wee ſorrow not even as others which have no hope, and now (moſt Honorable) becauſe God will honor them that honor him; It is but my duty to beare testimony to all thoſe excellent things which you have done for the glory of God and good of the Nations; It was ſaid of Hercules, that no man deſerved ſo much as he, becauſe hee freed the world from Lions, VVolves, and Tygers; you that may truly ſay with David; we have killed the Lion and the Beare, shall I trust be bleſſed and aſsiſted to curbe and overcome the Goliahs that oppoſe righteouſnes and holines, the Phyliſtins, deceivers▪ and myſticall wolves; all oppreſſors, and cruell men, all ſuch as are inwardly ravening wolves in point of ſelfe-intereſt, building their fortunes upon the ruines of honeſt men, though they appeare in any sheeps clothing; ſo shall your names be famous, and immortall; which yet is not to be interpreted ſo much a comendations of the perſons, as the gifts and Graces of God in them. And ſo with all ſubmiſſe gratitude to Your Honors, that wee Your faithfull ſervants here, live in Your remembrances, as knowing it to be all the intereſt expected; therein reſembling (like deere Children) Your Heavenly Father, who finding a thankfull heart, for one mercy conferrs another; I shall turne my prayſes of you into prayers for you and yours, that God would make you maſters over the peoples hearts and mindes, as well as over their bodyes, that you may be a burdenſome ſtone to all oppreſsion, to breake in peeces all petty Tyrants; and to conquer not only the Eccleſiasticall beast, but the Politicall; that if it be his will you may live to rayſe the ſuperſtructures, and finish the building of that foundation which you have ſo happily layd and begun; And that after long lives, for the glory of God, and the good of the Nations, you may follow that truly worthy member that is gone before, into that bliſſefull inheritance of the Saints in light, where is all day and no night, where your daily cares and troubles shall ceaſe; and the voyce of the oppreſsor shall not be heard; ſo prayes

Your Honors moſt dutifull and thankfull ſervant, Iohn Cooke.