The Vindication of the Law, Part 1
Kinde Reader;
There is a late Treatiſe ſet forth by William Ball of Barkham Gentleman, intituled The Sphere of Government; wherein, there is one dangerous opinion, (Like a Fly in a Box of Oyntment) he puts a Caſe by way of ſuppoſition, that ſuppoſe the King and Parliament ſhould make an Act, that they would and might diſpoſe of all Subjects eſtates in Engl. and that they might take from whom they pleaſe and what they pleaſe, in ſuch an impoſſible poſſibility, as he ingeniouſly cals it, he anſwers, that the Counties might & ought firſt to Petition (and ſo far I agree with him in it, being an humble tryall and commendable way but addes further that if it be not remedied, then they may declare and proteſt againſt it, if violated, then they may defend themſelves by Armes.
I would not willingly conſtrue any mans words beyond his meaning, but this I muſt ſay, that it is an expreſſion of more dangerous conſequence, and more derogatory to the juſt power of that ſupreame Court then any thing that I have ſeene or heard this Parliament; for doe but imagine any refuge or ſhelter from that which the ſupreame Court ſhall declare to be juſt in civill affaires, and you inſtantly erect a higher tribunall, which muſt bee as prodigious as many Sunnes in one Firmament (as Jupiter ſaid if the Sunne ſhould marry and beget another Sunne, there would inſtantly follow a generall condagration and burning up of all things) for if the people ſhould but once drinke in that error, that the Parliament is not the ſupreame Judicature in all caſes, but that they may in ſome caſes araign the greateſt Court no man ſhall weare a new Garment, then ſadde diſtraction would be but a flea-biting to what would follow.
And whether it be in a matter indiſputable or diſputable, it will not make any difference, for if the ſupreame Court bee not ſupreame to all intents, it is not ſupreame to any intent,Magis & Mi…. becauſe there is a higher above it; There is in the Kingdome ſo many thouſand Acres of land, either the Parliament may ſettle and determine the right of all their Acres, or not of any one of them, for there is no medium, and more and leſſe make no eſſentiall difference in reaſon, the latter whereof is ſuch a Parodox, that he that is halfe ſound in his Intellectualls, will be aſhamed to owne it, but many a man maries a Widdow that would gladly be rid of her Children.
The high and honourable Kings Bench is a ſuperintendent Court, and deales in matters Capitall, which the Parliament rarely does; yet cannot bee called the ſupreame Court, becauſe accountable for adminiſtrators irregular and illegall. The deciding point of power muſt reſt in ſome Court determinatly,Apex poteſtatis. for there is and muſt be in every Kingdome, one ſupreame Tribunall from which there can be no appeale, otherwiſe the ſtronger will deſtroy the weaker, and Civill Warre muſt follow unevitably. True it is that the Law is a rule to the Parliament, ſo long as it is in force, but any Law may bee ſuſpended or abrogated and a new one introduced and ſurrogated, as to the publike judgment of State ſhall be adjudged moſt conducible for generall ſafety and tranquillity, according to ſeverall exigencie and State emergencie, otherwiſe the Kingdome would be in a ſad condition, for the Law which is for its preſervation would occaſionally be its ruine and deſtruction. But I ſhall tell him in love, where I finde his feet ſliding hee miſtakes the nature of democracy, where the power reſides in the people (as all lawfull power originally is) they may nominate what Governours they pleaſe, and may preſcribe in what forme they will bee governed, but when they have ſettled a forme and elected Governours, they may not diſplace and change that Government. As for the purpoſe, Geneva is a pure democracy, every inhabitant has a voice in the election of 200. which are the grand Counſell, and they elect, 25. who elect 4. annually, this muſt endure to the day of Judgement, unleſſe changed by mutual conſent, the people in reverend Mr. Calvins time having caſt out their Biſhop, would have changed their government, Mr. Calvin tould them it was a direct breach of the 5. Commandement that he would be a paſtor of ſheep and not of Wolves and left them till they were convinced of that error, His inſtances of Arbitrators and Feoffees in truſt are lame, if they abuſe their truſt the Law provides a remedy, becauſe their power is limited, but it is impoſſible that the ſupreame Court in any Kindome ſhould bee limited nor can it limit its owne power, no more th…n a man can continue alive, and ceaſe from breathing and exerciſing other naturall functions, true it is that the body repreſented is ſtronger then the repreſentative but the legall authority is in the parliament where it has bin planted and ſettled, for many hundred yeares, and let that hand wither that ſhall ſeeke to Rob them of it for a government, there muſt be, and no human policy could ever finde out a better.
Loving Reader I pray the likewiſe take notice of a 3. leaved Pamphlet intituled newes from Hell, Rome and the Inns of Court, and believe it that, Hell and Rome are the two Elders, and the Innes of Court the chaſt Suſana, when our Clients give us a Fee, wee take it in love, as a Chaſt virgin does a paire of Gloves, ſent unto her for a love token, if the giver expect any bruitiſh thing, we abominate the firſt riſings of diſhoneſty, the Author like one of Machiavells Schollars thinkes by his over confident calumniation to make ſome thing ſtick upon our noble and Goſpell profeſſion but it is but ſhooting a headleſſe Arrow againſt Armour of proffe, for our profeſſion is pure Marble,1 Tit. 3.13.14 and no diſhonour can be imprinted upon it, but upon a ſecond peruſall of it, I finde that in a Charitab e conſtruction what he ſaid may be intended, only of ſuch Lawyers that are of the Oxford party, therefore I paſſe by it.
And now Curteous Reader to draw to a concluſion, becauſe I will not trouble thoſe that need not know ſo much nor weary the intelligent Reader I have but one word to ſpeake to my adverſary which is to intreat him as a brother to retract this fond and weake oppinion as being (though I am perſwaded not intentionally yet conſequentially) deſtructive of all ſtate pollicy, or elſe truly Anonimus,Though it bee ſuch an error that thou maiſt carry to Heaven. I ſhall not bee freinds with thee that is with thy oppinion, for I will ever be a freind to thy perſon for I praiſe God J am not ſo wedded to my owne opinion as to love no man, but he that ſhall concurre with me, hee that loves another man, only becauſe he is of his Judgement loves himſelfe in that man as hee that mournes for the death of a friend, mournes perhaps rather for his owne loſſe.
If there were ſome lines of Communication, and rules of aſſociation, or ſuch principles of union that all honeſt peaceable men though of different judgements might walke with indeared affections to one another,Duraeus inclitus Scotus peregrinavit multos ann…s pro Concordia inter Lutheranos & Calviniſtas, Beati pacifici Jlluſ…rior eſt vnio, quae naſcitur ex charitate quam vnio cujus precium oritur ex raritate. till every mans ſpirituall eye ſight bee equally alike, provided that no oppinion be any way deſtructive of State policy, as tending naturally to inflamations, certainly it would exceedingly conduce to a moſt hapy reformation, I bluſh to read ſuch extreame bitter paſſages and railing invectives as daily come forh to gratifie and make muſique for our Enemyes, for ſhame forbeare or ceaſe to be Engliſhmen.
I would preſume for the reconciling of various oppinions and preventing all diſaffections as much as may bee to propound to our moſt noble Senators that learned Godly and ſweet ſpirited men might bee appointed, ſo ſoone as they heare of any erronious opinion (ſo generally conceaved) mildly to anſwer every printed error to repaire to the Authors, or maintainers of it loveingly to ſhew them their error and to admoniſh them convictingly whereby thouſands by Gods bleſſing may be convinced (for ſpirituall maladies require ſpiritual remedies) and the Governors not ſo much as acquainted with it, unleſſe it be a moot point, and very diſputable, and then further light muſt diſcover the nakedneſſe of it,We Lawyers know what is a breach of the peace, and for prevention let men be bound to keepe it if there be a juſt feare. for no rationall doubt can diſturbe the peace of the Kingdome as that Noble Peere who went to Heaven as in a fiery Chariot in an active Martyredome for the publique good cleerely demonſtrates in his divine treatiſe concerning Biſhops, reaſon being the perfection of every Kingdome.
What a ſtir there was in the Biſhops times about privat meetings as if poore ſoules that meet in Corners to pray (and that for the happineſſe of the Kingdome whoſe prayers no doubt were heard as being favorites of heaven) would thereby diſturbe or endanger the peace of the Kingdome, oh that ever rationall men ſhould give ſuch a Bill of divorſe to common ſence and underſtanding
This is practiſed amongſt the Pontificians with great ſucceſſe anſwerable to the Venetian policy, where when any man is injured by another the patrons of Iuſtice, finde out the party wronged,Quadruplat… res. and follow the cauſe for him to take of all vindictive proſecutoins, that every thing may be done for the love of Iuſtice, and 3. or 4. in every County, authoriſed as arbitrators generall to take up and compoſe all private quarrells and differences in a Chriſtian way of love would prevent numerous ſuits, and vaſt expences, and truly every man that profeſſes to be a Chriſtian ſhould ſtudy hard to bee a Sonne of Truth and Peace.
One thing I muſt inſert that may anſwer all objections, that whenſoever any man in humility, propounds any thing tending to a politique reformation of ſomething that he conceives to be amiſſe in a Kingdome, that he muſt cheerefully ſubmit unto the preſent practiſe, untill the wiſdome of State ſhall otherwiſe determine, according to that excellent ſaying, we tollerate or rather ſubmit to many things which we do not love.
Multa toleramus quae non amamus.Farewell Anonimus that I may ſpeake freely.
I think thou art an honeſt man and of a publique ſpirit, two excellent qualities for which I eſteeme thee, but in this thy zeale is not managed by right reaſon.
If any man towards the Law be unconcionable in his practiſe, the Lord worke repentance in him, ſo as to make reſtitution, as in the caſe of Zacheus, No period better then prayer, Therefore here I caſt Anchor, and bind up theſe ſpreading lines.