The Vindication of the Law, Title page (2 of 2)

The Vindication of the Law · Title page (2 of 2)

p. 44I could be content to heare ingenious exceptions taken to pleadings & ſubtill diſtinctions inſiſted in upon in Writs,The Civilians have their Libell Anſwer duplication, triplication, quadruplication. Courts, Declarations, Pleas in Barre, Relpications, Rejoynders, Surrejoynders, Rebutters, Surrebutters, and ſo to the day of Judgment, if this tryall of wit might not be chargable to the Client, but when a poore man muſt pay the reconing for every man to call for more Wine to inflame the ſhot, I confeſſe my heart riſeth againſt it, and wiſh from my ſoule that 10000. formalities were rather diſpenſed with, then that a poore man ſhould be kept from his right one minute, for ſhall we not preferre the ſubſtance before the ſhadow, the Corne before the Chaffe, the Kernell before the ſhell, the Jewell to the Box, ſuch and no other are the moſt exact formalities and ornaments of Law in reſpect of right and Juſtice, tell not mee what is the courſe of the Common Law, or Civill Law, or ſuch a Court, but what does right reaſon require, this is the Caſe, a poore man has 100. l. owing him he ſues in Chancery is diſmiſt to Law recovers in the Common-pleas, Error is brought in the Kings Bench, a fault is diſcovered, it may be ſome ſillabicall miſtake in the entring of the judgment, whether this poore ſoule ought not to have his money without further ſuit? and ſo in all caſes, when the right ſhall juditially p. 45appeare to the Court, let every rationall man determine, away with all bugbeare objections of ignorance or confuſion, and carnall reaſonings, lets have Scripture Lawes, and ſummary quick proceedings and after Naſeby fight,Quaſi 2d. Angliae nativitas. lets never diſtruſt God for any thing.

And truly if hereafter the Kingdome may enjoy ſo great a benefit, I aſſure them it is a ſufficient and valuable recompence for all their disburſments, and poore ſoules if they deſire no more, they deſerve no leſſe. But then comes in a Hierculean objection, that it is better ſuffer a miſcheife then an inconvenience, and what that is in plaine Engliſh, I ſhall ſpend my thoughts upon it: when I complaine many times that many honeſt Cauſes are loſt for want of ſome formality in pleading or other miſcariage I am anſwered that old formes muſt be obſerved, and better one be undone then many, now truly if the meaning be that it is better one Offendor ſuffer then a unity be indangered.

I am clearely of the ſame opinion, or if the meaning bee as the Philoſophers was, who firſt ſaid it was better to be once ſoundly wet with a great ſhower then to be ſubject to a continuall dropping, I cloſe with that likewiſe, but I beſeech you what need is there that any man ſhould bee undone for want of a ceremony or nicety in the proceedings, I am ſure the leaſt evill muſt not bee done for the greateſt good, and why any miſcheivous caſe ſhould bee ſuffered amongſt Chriſtians.

I am yet to learne, it will bee ſaid Polititians could never prevent all miſcheifes, I ſay Chriſtian Magiſtrates may and ought to make Lawes for every mans ſafety and property, a noble Gentleman for the good of a young Ward his Kinſman, has Compounded for 3. or 4000. l. payed part, ſecured the reſt, and the Ward before any profits received dead, the Gentleman deſires releife againſt his Bonds, the Anſwer is made better ſuffer a miſchiefe then an inconvenience, what inconvenience can happen in giving p. 48conſcience the upper hand? It is better to ſuffer one Fox in a Vineyard then twentie, but what then? muſt not that Fox be hunted out that he may not deſtroy the tender Vines? I ſay it againe and ſubmit it, that it is a ſhame that any man ſhould ſuffer in point of right in a Chriſtian Kingdome, it being a principall difference betweene Chriſtian and Heathen Magiſtrates, that the latter make lawes that concerne the moſt, but care not for private mens ſufferings.

And now concerning Iuſtice between man and man. Oh what a glorious thing ſpeedy Juſtice is it is the glory of the Ruler, and the happines of the people, what the ayre is to the elementary world, the ſunne to the celeſtiall, and the ſoule in the intelligible, the ſame is Juſt ce to the civill world, it is the healthfull ayre that all oppreſſed Clients deſire to breath, the ſun which diſſipates and diſpells all the Clouds and miſts of oppreſſion, injuries, and deceits, it is the ſoule which animates and gives life to all things, what an excellent juſticer was Iob, who would not delay the Cauſe of the Widdow, why may not ordinary cauſes ariſing within 100. miles of Weſtminſter be ended in a months ſpace, and all other private differences in the Kingdome, the moſt arduous and difficult in the ſpace of three Months, untill it ſhall pleaſe the Parliament for the eaſe of the ſubject to enact ſeverall judicatories in remote Countries, with liberty of appeale hither in doubtfull and weighty matters. Oh when will there be a determinate time to end all differences, why is it called a Terme, but to determine all controverſies: what! the Terme ended and the ſuit not ended? is not reaſonable, Solomon ſaies there is an appointed time for every thing; ſave only for a Law ſuit, how long it may laſt, the wiſeſt man cannot foreſee. Among the Proteſtants beyond Sea, if a man cannot bring his buſineſſe to an end in 3. Monethes, he muſt pay good coſts and be nonſuit, The appointed time for the performance of any ſingle combate is from Sun riſing to Sun ſet, if in that time the Chalenger cannot procure his Challenge upon p. 49the body, the Defendant is acquitted, ah ſpeedy Juſtice is the Cape of good hope, by which we paſſe to the fortunat Ilands, and this is the diſtinguiſhing vertue of it, that whereas all other virtues do good to themſelves (even Charity it ſelfe beginning at home) regarding more the good of the poſſeſſor, then others; Iuſtice doeth good to others as being the principall Pillar and foundation of the Kingdomes happineſſe.

Now promiſe being a debt, I am to performe it, and muſt ſpeake a word concerning the reverend ſages of the Law, I am perſwaded that the ambition of the Clergy, and the puſillanimity (to give it no other name) of the Iudges were the grand occaſions of theſe inteſtine calamities, who being intruſted by the Kingdome as guardians and ſentinells for the peoples liberties, ſpirituall and temporall, to make themſelves grandees at Court, made the Lawes to ſpeake what they never intended, by ſtraining to advance the prerogative above its proper altitude, and certainly that judgment of ſhip money (not to ſay any thing what is printed, where the ſame is moſt learnedly refuted) was the moſt divilliſh plot that ever was invented ſince the Qu… warranto in Ed. the 1. time when, knowing mens charters were loſt, in the Civill Warres they were forced to produce them, forceably raviſhing a Virgin,Parrium dici a te perpetrari poteſta me excuſari non poteſt. and then putting her to death, for the loſſe of her Virginity; for if the King may take what he pleaſe in caſe of neceſſity, and be judge of that neceſſity (as Lewis the 11. ſaid of France, was a meadow he might move as often as he judged it neceſſary) England muſt needs bee a neceſſitous people, when they were ſollicited to deliver their opinions againſt thoſe worthy Patriots, whoſe names ought to bee famous to all poſterity, they ſhould have anſwered as Papinian did [who ſaid, being Chancellor to Caracalla the Emperor who had murdered his Brother Geta] you may perpetrate, I may not excuſe fratricid, for which he was preſently put to death, the end of the Iudge is, to do juſtice, and the end of a Lawyer, but to perſwade the truth, a man muſt not for p. 48to ſave his life,Non propter vitam vinendi perdere cauſam. looſe the end of his living, the only neceſſity is for every one to be honeſt, but it is no unuſuall queſtion why ſo many Judges and learned Lawyers deſerted the Parliament, and inclined to the other party.

It was a queſtion at Trent, why more great Scholers held that the Pope was above a Councell, then the Councell above the Pope, honeſt Vergeus made anſwer that the reaſon was plaine, becauſe the Pope had more Cardinalls Caps Croſiers-ſtaffes, ſat Biſhopricks, and Larded benefices at his diſpoſall to recompence ſuch opinions then the Councell had; as one being asked what the Arminians held? anſwered merrily, moſt of the fatte livings in the Kingdome.

But now ſince by Gods gracious providence, the wiſedome of ſtate have the power to repleniſh and fill the Courts of Juſtice, what qualifications are required in the reverend Juſtices? fall under conſideration?

Firſt Science for the ignorance of the Judge is the calamity of the innocent,Ignorantia judicis eſt calamitas innocentis. an ignorant Judge being worſe then a corrupt Judge, for the one may ſell Juſtice aſwell as injuſtice, but he that underſtands not what right is cannot be ſaid to doe juſtice to any, be learned ye that are Judges of the earth.

2ly. ſapience, not wiſe to doe evill, but that wiſdome, that he which the evangelicall Prophet calls Councellors adviſes;2. Pſ. 10.Ps 10 that a Chriſtian ſhould bee innocent as a Dove, never to hurt any body, and as wiſe as a Serpent, that no body ſhould hurt him, there is much wiſdome required in a Judge to diſcover fallacies, which ſometimes may bee preſented as verities; for many times by artificiall deceit (which is of all other the worſt) the matter is ſo tricked, ſhadowed and heightened by colour of painted Art, that the Judges themſelves may be abuſed and beguiled if they be not very wiſe; The Civilians ſay that if a Judge be wiſe, no advocate can hurt a good Cauſe, for if the Lawyer can by his wit diſguiſe and varniſh over a rotten cauſe, and ſpeake well in a bad matter, which is not eloquence but p. 49loquacity, certainly the Judge is able to ſpeake much better in a good cauſe, and to ſet a farre clearer gloſſe upon the truth if need require.

3ly. Prudence which acts in every individuall circumſtance, Law caſes being as mens faces, ſeldom 2. caſes ſo like, but there is ſome difference, now in ſuch multiplicity of buſineſſe, a Iudge had need be very prudent, not to embrace a cloud for Iuno, I am perſwaded if one obſervation might but take place,Imbeculum pr… Junone. it would be a meanes to retrench and cut off all unneceſſary delaies & tedious protractions of Law ſuits which are ſo greivous to the ſubject, and that is, that every mans Grant, and all bargaines, Contracts, and words, ſhould be taken and conſtrued according to the parties meaning that, the Judge and Jury ſhould have nothing to do but by the manuduction of reaſon to inveſtigate and find out the parties reall intentions and plaine meaning, and ſo find and declare the Law accordingly, It is a rule that mens grants and intentions muſt be regulated and conſtrued according to the Law, and not the Law according to their intentions, I agree, that the Law muſt be the rule of all juſtice, and that Law which is moſt certaine and leaves leaſt to the Judges arbitrary diſcretion is ever the beſt, but undoubtedly this rule would be the mother of the greateſt certainty that can be imagined, for every mans meaning will eaſily be found out and made evident, and this would beget a ſweet harmony and friendſhip in all Civill affaires, for no man ſhould be ſuffered to defraud or goe beyond his Brother in barganing, whereas ſome crafty Fox that hath obſerved the ſtrict formalities and niſeties of Law,He was a moſt excellent man for naturall ſcience and diſcourſe Cecil moſt famous for prudence and direction practicall. will eaſily ſurprize a credulous nature which ſuſpects no hurt, many times to his utter undoing, I know what my Lord Bacon ſaies in his third rule againſt this, but I ſubmit it to juditious conſideration, And this is practiſed in matters teſtamentary, All agree that matters of Parliament, Arbitrement, Teſtament, and other words that end in ment, muſt be conſtrued according to intention, why not aſwell in all contracts? the reaſon is p. 50given, that when men lie ſicke, they have no opportunity to get Councell, pray, why can you not aſwell ſend for a Lawyer as a Phyſitians,Iacentes in extremis. if ſick men have that favour, why ſhould not the Law be as kind to men in health?

4ly. Purity of hands and chaſt eyes for a bribe will make the moſt eloquent man mute as a Fiſh, I know our reverend Judges who take their delight in the Law of the Lord, ſtudy the 1. Kings 8. where I note that it was the avarice of the Iudges that made the people of Iſraell revolt from Samuel, and deſire a King, and in Deut. and Iſaiah, no Kite,Deut. 27.19. Eſa. 5.20.23.Deut 27:19Isa 5:20Isa 5:23 Eagle, or griping Bird, was to be admitted into the Temple of juſtice, and I hold it a dangerous thing for Iudges to take any preſents from any man, though in things commeſtible and corruptible in 2. or 3. dayes which the Romans allowed, for there is a kinde of hope in the giver to receive favour from him, if any cauſe come before him, and a generous propenſitie in Engliſh ſpirits to requite the leaſt curteſie; I remember an hoſt in Languedoc told us that he had a Turkey coſt 40. s. Engliſh, and marveling at it, he told us that it was firſt preſented to a Iudge whoſe ſervant ſold it for 5 s. to a Client which preſented it to another Iudge, and his ſervant ſold it for 4. s. to one who ſold it to another Client for more, who preſented it to another, and ſo in a circular motion till 8. or 10 Iudges had beene preſented with it, till about the end of three daies the hoſt bought it,Integer vita ſacleriſque purus quam ſumme fieri poteſt in humana natura. and truly few ingenious men could ſcarce bridle their cheeks from laughing at ſtories about preſents made heretofore (though now bleſſed be God, we heare of no ſuch matter) that have ſerved for table talke, a time which Chriſtians ſhould improve for ſpirituall advantages.

Integritas juſtitiariorum eſt ſelus ſubditarum.Fifthly, Integrity of Converſation; Hee that is to judge the Lives, Honours, Eſtates, and fortunes of others, had need himſelfe bee exempt from blame, Hee that is eſtabliſht to reprove others, ought himſelfe to be irreprehenſible as much as may bee in humane nature, the integrity of the Judges is the health of the Subjects, p. 51therefore as Calvin ſaid at Geneva, Gentlemen, ſuperſtition hath formerly kept her Throne and Court in this place therefore we muſt be more zealous then others for the purity of Gods holy ordinances, ſo ſay I, what heavy oppreſſions and iniquities were perpetrated and groaned under in our Courts of Iuſtice before this happy Parliament, every man knowes it too well, let it not bee told in Gath, nor publiſhed to the diſhonour of our Engliſh Iſraell but as a ſtumble may prevent a fall by taking the better heed,2. Sam. 1.20.2 Sam 1:20 ſo I doe not doubt but for the future we ſhall have ſuch worthies preferred to places of judicature, that ſhall make it their meat and drinke, to execute juſtice, to witneſſe their love to Ieſus Chriſt.

The former qualifications are neceſſary in all ſtates as well heatheniſh as Chriſtian, therefore there muſt be ſome other diſtinſtuiſhing Characters, I would gladly ſpeake my thoughts about two things,I looke upon this Covenant as the moſt admirable human writing that ever was in the world. Malignancy commonly ſo called, certainly a Malignant Iuſticer is the worſt of all Malignants, or if any be a neuter the difference is but graduall, we have ſolemnly covenanted neither directly nor indirectly to give our ſelves to a deteſtable indifferency or neutrality in this glorious cauſe which hath never offended, and which indeed is rather Gods then mans.

Therefore if any man ſhould ſit upon the bench that is diſaffected, it muſt needs be of dangerous conſequence, becauſe by common intendment, he conſerves and carries the Law in his breaſt, and if a Iudge ſhould come into any County and there declare any thing done by the Parliament to bee illegall, and twenty worthy Commoners ſhould make ſpeeches to the contrary, it is no hard matter to determine which would take the deeper impreſſion, in vulgar breaſts, nay certainly if a man bee but ſuſpected by the generality of Cordiall men, hee is no Idoneous perſon for ſo high a place, nay what if I ſhould ſay, unleſſe hee be active and zealous? for a Judge ſhould be couragious in executing his Office and in Gods cauſe.

I would faine aske another queſtion (for thankes bee to p. 52God and our good Parliament, theſe are times of Chriſtian liberty, the Lord grant that no man abuſe it by turning liberty into licentiouſneſſe, for a man to beat himſelfe and ſtrike every man that hee meets, and ſpeake irreverently againſt authority, this is no Chriſtian liberty, but a furious Bedlam meriting madneſſe) whether he that is not a good man can be a good Iudge?To feare God and honour authority are inſeperable the image of God ſhining in the face of a Parliament obliges to all reverence and obedience. the reaſon of the doubt is, becauſe Iuſtice is a morall virtue, and not religious, for no doubt there are many good Iuſtices amongſt infidells, and ſome that doe juſtice even for the love of it, for a Phyloſopher may goe ſo farre, but in a Kingdome, profeſſing Chriſtianity as in the preamble of the Covenant (which is as the key to open the meaning of it) the words are, having before our eyes the glory of God, and the advancement of the Kingdome of our Lord and Saviour Ieſus Chriſt, &c.

I conceive no man ought to be ſet upon ſo high a pinnacle of honour, as to be intruſted with the lives, reputaions,Zelo vindictae pro fama, virtutis amore non pro honore Dei. Vltra ſphaeram activitatis, ſi manducat peccàt (minus lamen) ſi non eſt homicidd. Exod. 18.21. 2. Sam. 22.3. Se the Annotations of the learned Divines upon 2 Sam. 23.3. a work very praiſe worthy.Exod 18:212 Sam 22:32 Sam 23:3 and eſtates of the Kingdome, unleſſe he can have that before his eyes which no unregenerate man can have, a naturall man may doe juſtice betweene partie and partie for a private revenge, or to gaine popular applauſe, or for the love to juſtice, (a virtue in it ſelfe ſo ſweet and amiable) but for Gods enemy (as every unconverted man is) to ayme at his glory, and to ſet Ieſus Chriſt upon his throne, that is above the ſphere of his activity, the naturall man cannot act ſupernaturally; if he eates he ſinnes, if not he is a murderer, as not acting from right principles nor to a right end.

Moſes was commanded to appoint Judges which had 4. excellent qualities.

Firſt, able men no doubt, he meant ſanctified abilities for learning without Religion, is lame, and Religion without Learning is blinde.

Secondly, fearing God, hee that ruleth over men muſt be juſt, ruling in the feare of God, hee that commands others to deale juſtly muſt be juſt himſe…fe, otherwiſe you p. 53thinke to ſtraighten a ſticke by a crooked rule, which muſt bee from an inward principle, the feare of God in whoſe right and place he ruleth; a Judge muſt ſo feare God, as to be altogether juſt, not in part onelyonly, but intirely juſt in meaſure and degree, not to be juſt to ſome, but to all, and to all alike, and at all times and ſeaſons.

3. Men of truth, every man is naturally a true man, every honeſt man is morally and legally a true man, but a Judge muſt bee a man altogether compoſed of ſanctified truth and Juſtice.

4. Hating Covetouſneſſe, its one thing not to be a covetous, man and another thing to hate Covetouſneſſe, as it is one thing not to ſweare, another thing to feare an oath, for any man that is notoriouſly known to be a Griper and a covetous perſon to be made a juſticer, is to place Avarice upon the Bench, and not Juſtice, But who ſhall be Judge in this matter? Truly, who ſhall judge whether it be day or no? how doe I know that I am a man? In doubtfull matters the ſupream and ultimate judgment (from which there can bee no appeale to any earthly Tribunall) is the high Court of Parliament,An Ordinanc of man is an Ordinance of God, not to be diſputed but obeyed in all caſes actively, or paſſively, faciendo aut patiend…. when that has made or declared a Law, then every mans mouth is ſtopt, it is an anointed truth, and may not bee queſtioned by any murmuring or contradiction, I know a reaſon why every man ſhould be reckoned irreligious, unleſſe the contrary appeare, becauſe every man is borne ſo, to judge him religious, I muſt ſee ſome fruits of it, which in a Judge ſhould always be green, viſible and conſpicuous to the eye and judgment of every godly profeſſor; But all is not gold that gliſters, true, yet there is no Gold but doth gliſter, certainely men that in theſe times are preferred to fit at the Sterne ought to be eminent, for Grace and Piety, others that are but at the Oares, honeſt, civill, ſober men may do much good in their ſtations.

But the queſtion truely ſtated will be this; what if the beſt Lawyers be not the beſt men? or what if hee that is as it were heire apparent to a Judge, be not in the appearance p. 54of good men an heire of heaven, would you have Lawyers leape into the Chaire, and not by degree take their turnes?Per ſaltum & non per gradum but before I anſwer, I aske further, Is he fit to bee a prime Courtier on earth to execute the Lawes of God that is not a daily Courtier at the Thron of grace? and ſuch a juſt man that lives by his faith in Jeſus Chriſt? what may the full ſcope of the Apoſtle be to the Corinthians concerning this matter?See the learned Annotations upon the firſt Cor. 6. this is a cleare truth that as all lawfull externall callings are from men, ſo the internall is from God; I ſhall preſume to inſert a pleaſant ſtory, By the conſtitution of the Popedome, upon the death of a Pope, ſo ſoone as the Cardinals can conveniently meet together, they are all put into the conclave and have nothing but bread and water, till they be agreed, and the Election muſt bee by two parts of the ſuffrages as it there be 30. Cardinalls, he that is choſen Pope muſt have twentie voyces, now a Pope being to be choſen, fifty Cardinalls met 30.Divine Beza called him Cardinall, Quadrato, He was ſo good a trencher man, Qui habebat naſum cherubinum & quia non potuit eſſe cardo eccleſia apoſtatia per caput vult eſſe per …aſum mentioned by Horace Nunc eſt bi…endum, &c. were for one and twenty for another which being no Election, and they having continued 3. or foure dayes, and no hopes of agreement, one fat Cardinall that ſtomackt the buſineſſe for want of his Capons and Pigeons, and unguentary Greeke and Albauwines fell a ſleepe, and waking told them that now the difference would bee ended, for neither of the two muſt be the man, for he had received a revelation in his dreame that it was the will of Jeſus Christ, that one Clement ſhould be Pope, and he askt them whether hee was not without exception the fitteſt man whom Ieſus Chriſt would chooſe if he were perſonally preſent, this put them to a ſtand, but they ſaid they were not aſſured that it was the minde of Jeſus Chriſt, Graſſo ſlumbers againe and ſtarting up as if there had been ſome apparition, told them that it was now out of queſtion for Saint Peter had appeared to him and told him that it was the wil of Jeſus Chriſt, that they ſhould make choice of that man without any further conteſtation; therupon, concluding that none knew the minde of Ieſus Chriſt better than Peter they choſe him Pope and diſmiſt the Conclave, p. 55I ſhall make no application but this I ſay, that when a good man is advanced the Kingdome indeed rather than hee is preferred, for a good Judge is an epidemicall bleſſing, yet I muſt further enquire what learning is principally required in a Judge.

Firſt for matter of Oratory, to read Cicero, Demoſthenes, Orator eſt adulator niſi ſit vir bonus dicendi peritus.Iſocrates, Quintilien and politique Authors which have intreated of the Roman policies, as Plutarque, Pliny, Seneca, Caſſiodore, for Philoſophy; certainly all good humane Lawes had their ſource and originall from reaſon, well regulated and conducted from the precepts of good morall Philoſophy beſt handled and made forth by Socrates and his Diſciple Plato called the Divine and prime of the Philoſophers,Plato Gratis vult ſibi credi exiſtimans homines ut pueros ſcepteo ferulae regi poſſe. Veris nugis verbis nudis non conſiderata qualitate humanarum literarum. but they were rather contemplative and ſpeculative in occult inventions then uſefull and practicall for government. Ariſtotles learning for a Judge is rather to bee deſired, but yet I doe not hold any of theſe abſolutly neceſſary for a Judge, for I conſider that life is but ſhort and that the Law is a thorny ſtudy.

And here I would crave leave (out of a ſenſible apprehenſion of my owne wants, and a viſible experience how many Gentlemen are gravelled) to propound my ſerious thoughts to the honoured and learned Benchers of the ſeverall Societies, heartily wiſhing for the Students good, that there might bee in every reſpective houſe two at the leaſt appointed as profeſſors of the Law to direct yong Students in the Method and courſe of their Studies,Studemus potius ſubtilia quam utilia. Lucifera non fructifera. that they may rather apply themſelves to caſes profitable then ſubtill, for the difficulty of the ſtudy diſcourages many. I have often thought that for an ingenuous ſpirit that has taſted of thoſe pleaſing liquors of Ethiques, Rhetoriques and Philoſophy to betake himſelfe to Juſtice Littletons Tenures is to have a jumpe of Beefe after a grand dinner;M. Britkenden to whom I am much obliged. I remember that having read Littleton three times over, I told my worthy Maſter (who honoured me with a lodging in his Chamber) that I thought Litileton was no Scholler, p. 56and had nothing worth the reading, but his Latine ſentences, he adviſed me to make it my meat and drinke, and to read Doctor and Student for a recreation, which the more I read, the more I might, for I thought my ſelfe in Paradiſe, worthy Maſter Shurland who read at twenty two yeares ſtanding told us in his Speech that hee had loſt three or foure yeares ſtudy for want of direction, becauſe he ſpecially minded moot points and ſpeculative conceits, neglecting caſes uſefull and practicall: and truly whereas we allow ſeaven yeares ſtudy under the Barre, I would have 3. of them ſpent upon the body of Divinity, (it being as the Sunne among the Luminaries) and 4. in the ſtudy of the morall and rational part of the Common Law which is the rule of ſpeedy juſtice to give every man his due with expedition, for to what purpoſe now ſhould young Gentlemen gravell themſelves in the quick ſands of villenage Frankalmoigne, Quare impedits, and ſuch unneceſſary conteſtations, I would intreat the Gentle ſtudents forthwith to addreſſe themſelves to the Readers to have ſuch a thing eſtabliſhed.

And now after this diſcontinuance of readings if the Learned Readers would be pleaſed inſtead of reading upon Statutes (which when the reading begins are plaine and eaſie, & wherupon peradventure ſcarce one caſe ſhal hapen in a mans life time) would acquaint the ſociety with the moſt uſefull knowledge and daily occurrences in actions of debt, upon the caſe, of treſpaſſes and ejectments, the preſent Law of the times, which is worth our beſt ſtudies, one juditious Reader, might in a fortnights ſpace argue moſt of the controverſall points which are now agitated, propounding 5. or 6. points a day, either about conveiances aſſumpſits or words actionable which are the daily ſubjects and diſputes in Weſtminſter Hall, and what matter is it, whether every point goe to the concluſion of the caſe, indeed what matter is it whether it be made a caſe or only put by way of ſingle queſtions, and then I p. 57would have every man to be at liberty, to ſpeake as he conceives the Law to be, for truly I doe not like it that any man for Argument ſake ſhould argue againſt his Opinion; pray thee good Reader doe not object, that old formes muſt be obſerved, I tell thee, one ounce of reaſon is worth a pound of formality, as one acre of performance is worth a whole land of promiſe; and he that ſhall preferre the ſhadowes before ſubſtances, and reſtingly delights ſo much to ſit upon the forme, let him never come to the Bench by my conſent; Time onelyonly can demonſtrate the utility of the praemiſed deſigne, which cannot be chargeable to the Students, for he that inſtructs others teaches himſelfe, and it will occaſionally increaſe his Practice; beſides, every one of the Houſe might repaire to the Profeſſors for private advice, for what a ſhame is it that one ſhould take Fees of any Gentleman of the ſame Society, though to the praiſe of ſome be it ſpoken, they have given faithfull and able advice, and refuſed their Fees to my knowledge, and I know a Brother Barreſter that hath refuſed five hundred Fees, but what is loſt in the Hundred will be gained in the Shire.

If any man in his youth in the Schooles of Humanity, ſhall attaine to a ſummary generall knowledge in Grammar, Rhetorique, Phiſiques, and Meta-phiſiques, the Ethiques and Politiques of Ariſtotle, they are uſefull as ſcaffolds and praiſe-worthy, but not neceſſary; and for the Greeke Tongue in regard that the Authours are ſo faithfully tranſlated into Latine, though in many Caſes it holds, that the water is never ſo pure as in the Fountaine, yet all things conſidered, it is better to relye upon the Tranſlation being ſo exact, then take ſuch infinite paines to ſearch the Originall, as Raſis; Avicen and other Arabian Phiſitians are made uſe of onelyonly in the Latine, and Greeke Tranſlations, and as Travellers know that its better to come into a French Hiſtory, where all things are in a readines upon the Table, then to an Inne in Spain, where in ſtead of repoſing your ſelfe, you muſt fetch Bread here, p. 58and Wine there, and Fleſh in another place, and ſtay two or three houres till it be made ready; and this makes me wiſh not onelyonly that all good Bookes whatſoever were Tranſlated into ou… owne Language (which would advantage Children three or foure yeares ſchooling, who are cracking the ſhell to underſtand Latine, whereas they would eaſily get the kirnell, and learne Logicke, Rhetorique, Philoſophy, and other Sciences, as they doe to know the names of Creatures, Beaſts, Fowles, …iſhes, Corn, and Houſhold-ſtuffe and other neceſſaries; if all Bookes and Authors were in Engliſh, which might eaſily be done by our learned Schollars now in towne, a work that would more advance and dignifie the Kingdo…e then Prima faci… can be imagined: For hence it is that Schollars in Fran…e know more at ſeventeen then with us at twenty; the Gentry, even the women generally, excellently principled in morall Philoſophy and all humane literature) but alſo that our Law Caſes were all Printed, and all our Writs Proceſſes, and proceedings in Engliſh, for that Statute in 36. Edw. 3.36. Edw. 3. recites, that great miſchiefes happen to the Realme, becauſe the Lawes are ſhewed in the French Tongue, which the Clyents doe not underſtand, but does not fully cure the malady;The Freneh Lawes were in Latin untill Francis the 1. which being altered they ſaid, now is the Kingdome out of ward. for truly I am aſhamed that a Sub-paena ſhould be ſerved upon a Country-man in Latine, when peradventure ſcarce any one within five miles underſtands it; beleeve it, 'tis a badge of the Norman Conqueſt, which by degrees I doubt not but will weare out. I am no enemy to Learning, but this I affirme confidently, that were all Authors, Divine & Humane, faithfully and exactly tranſlated (as I know no reaſon why they may not) there would be little uſe in compariſon, or rather trouble of any Language but our owne, unleſſe it be for Statiſts in point of correſpondency with other Nations. Indeed Hiſtory is in ſome ſort neceſſary for our reverend Judge,We ſhould ſtudy the foreign as well as the foreign. eſpecially our Engliſh Hiſtories, without which a Stateſ-man is as one that hath a crick and cannot looke backe, and I conceive that to be the greateſt defect in our Profeſſion, that p. 59not being verſed in our Hiſtories we content our ſelves, that the Law is ſo, not looking into the reaſon why it is ſo; but for other Arts and Sciences let him that is to goe to Rome, Abſtine inutil: labori ut profituro ſufficias.not trouble himſelfe to learne all the waies thither, but that which may be the ſafeſt and neareſt way for him; for if any matter concerning the Civill Law, or Phiſicke, or Mayhem, or the quantity of Land, or any other forraigne ſcientificall matter be brought in queſtion before our reverend Judges, they ſend for other Artiſts,Cuilibet in arte ſua perito credendum eſt, potius viliſſimo ſutori de calceis diſputanti quam graviſſimo Catoni. skilfull in thoſe matters, and adviſe with them; according to our rule in Law, every man muſt be credited in his owne Art, the Shoo-makers Judgement about making Shooes, before a grave Cato Diſputing about the ſame matter, and ſo far I thinke all underſtanding men will agree with me; but now here it ſticks, whether the knowledge of God in Jeſus Chriſt be not a very expedient perquiſite, if not a neceſſary requiſite to make up a compleat Iudge, and truly I hold it is in a Chriſtian Kingdome; the reaſon is, becauſe without this no man can come to be a good Polititian, for Policy is but a branch of Divine Wiſedome, there being no Policy againſt God, for all ſaving ſpirituall wiſedome comes from God as the fountaine, through Jeſus Chriſt as the Ciſterne, effectually drawne out by the Pipe of Faith, and all reaſon of State muſt doe homage, and render obeyſance to Divine reaſon, which hath its Authority more elevated. But put caſe then that one Lawyer hath a large ſtocke of Law, five talents for the purpoſe and not one ſparke of Grace viſible, another is a viſible holy man and hath but two talents of Law, which of theſe two is fitteſt to be a Judge? I thinke the latter, but put it thus; that one hath four talents of Law, and two of Grace, and the other hath …wo talents of Law, and foure of Grace, and then what is to be anſwered? I ſhall not determine it, but this I ſay; that Grace and Gifts meeting together make a ſweet harmony, and when Grace is preferred then the figure ſtands before the ciphers, our Engliſh Proverbe is very ſignificant, Set not the Cart before the Horſe; that is, preferre not dead p. 40things before living, to place a religious man in the Chair, to make a good man a great man, what is it but to ſet Jeſus Chriſt upon the Bench, it being an invincible Argument, that he that loves the Childe for his fathers ſake, beares the greater love to the father. Ariſtotle ſaies, that Religion is abſolutely neceſſary for a King, for no man will thinke that he will doe right to men that performes not his duty to God; neither dare men offend him that feares God. How happy was Conſtantine for putting his truſt in the Croſſe, as Papiſts vainly imagine; but that Kingdome that truſts onelyonly in God what can be done againſt it? Oh make much of, and honour religious men for his ſake whoſe true pictures they are, for the houſe of Obed Edom was bleſſed for the Arke ſake; indeed it was the Court-caveat, Take heede of Puritan Judges, were but our Chriſtian Magiſtrates, Miniſters, and Juſtices, rightly zealous for the glory of God (as bleſſed be God many of them are) I meane ſuch as doe not only make profeſſion of Religion, but take it into their protection, what glorious times ſhould we live to ſee, all terreſtriall Deities (as ſacred Scripture calls Judges) are Images of the ever-living God; Now is it not moſt reaſonable that the Portracture ſhould reſemble the Originall. A Picture that reſembles us, we make much of it, if it deforme us, and carry our name unjuſtly, being nothing like us, we burne it; the Draughts of Gods Viſage are Piety, Juſtice, and Clemency; good Kings and Judges are kept in the boſome of the Eternall as his beloved reſemblances, but a counterfeit ſhilling we naile it to a Poſt, and if any man thinke any way to advance himſelfe by exceeding thoſe bounds which God hath preſcribed, the Almighty Judge does but fatten ſuch a man for the ſlaughter, to make the ſtrok of his Judgement more ſignall. The… reverend Fathers ſo adorned and qualified ſhould therefore be made honourable and rich the firſt day of their Charge, or have an honourable ſupport for three Reaſons.

1 To anticipate not onelyonly the inconveniences of want, p. 61and temptations of preſents, but to prevent dejection of ſpirits, for when a Judge ſees that he ſhall get nothing by the Cauſe, he will be ſtudious for his owne eaſe to doe ſpeedy Juſtice, for why then ſhould it cumber the Court longer then needs muſt; and that is the reaſon that many States maintaine Lawyers at the publick Charge, that ſo expecting nothing from the Clyent they may ſteere their adviſe the ſpeedieſt way to the haven of Iuſtice. But whatever complaint may be made of us, truely for the generality we doe but taſte of the broth of commodity, the Clerkes and great Officers of Courts put their ladles to the bottome of the Pot, and are even drowned in the ſweet liquor of potable gold.

2 This honourable Calling and maintenance is in the nature of baile,Acutos honoris ſtimulos. Ingenius malvezzi. as a cautionary aſſurance to the Kingdome to anſwer for their judiciall adminiſtrations; and I conceive Honour obliges, and engages more then profit, yet not ſo as to ſuperabound in wealth and power, leaſt they ſhould command as Lords, and not as fathers.

3 Judges ſhould therefore be great that they may dare to doe Juſtice, as Gaſcoigne committed Hen. the 5.Hollinſhed. upon a Biſhops complaint, Hen. 4. rejoyced that he had a Iudge durſt doe Iuſtice upon the Prince, and a Son that would be ſo obedient; I ſhall tell you of a gallant peece of Iuſtice to recompence that of Piſo; In the great Warres betweene Charles the fifth, and Francis the firſt, one Raynucio was impriſoned at Millan for betraying a Fort to the French, his wife (who for beauty was called the Noſe-gay of the Pariſh) petitioned the Governour for her Huſbands inlargement; the Governour our being ſo enamoured that there was little hopes of liberty (had there been no more in it but that he might behold the Lady, who daily attended with Petitions,) being able to conceale the fire no longer told her that his life was in her hands, and he was as much her Priſoner as her Husband was his, and that ſhe muſt yeeld to his deſire or be an undone widow; the vertuous ſoule covered her cheekes with the colour of Roſes, and p. 62deſired to ſpeake with her Husband, whom ſhe made acquainted with it, telling him that if her life would ſave his, ſhe would gladly loſe it, but my honour being required you muſt prepare for death; he commended her magnanimity, and how ſad their parting was you may eaſier conceive then I can expreſſe; the houre being appointed for his execution, he conſidered that life was ſweet, and skin a…ter skin, one thing after another, what would not he doe to preſerve a little momentary breath! ſends for his deare Conſort,Communis error non facit jus. True honour conſiſts in a Chriſtian ſufferance of the greateſt miſery, rather then to commit the leaſt ſinne. and cries to her as if he had beene her childe, to yeeld to the Governour, and to win her conſent ſaies; Firſt, that honour conſiſts but in the opinion of the world, and that a ſinne wholly concealed is halfe pardoned, as the Prieſts uſe to ſay. Secondly, That Spaniards are moſt faithfull in keeping promiſe, and no doubt he would ſweare never to reveale it. Thirdly, That he would be the death of him, as by the Law of Spaine he might (for any man may kill him that lyes with his wife, the provocation being ſo great. In Italy he muſt kill his wife as well as the Adulterer, or elſe he dyes for it, as being preſumed that he did it not in the way of Iuſtice, but revenge) the poore ſoule yeelds, for as Job ſaies, if this be the condition of our temporall being,The leaſt fall from grace is a fall from Pauls. that we never continue in the ſame condition, much more are our ſpirits mutable as they are more ſubtill, (not that I ſpeake this in the leaſt title to juſtifie her, for ſhould I goe about to excuſe it, it might be a greater ſinne in me then the offence was in her; as for a Lawyer wittingly to Patronize an unjuſt Cauſe, is worſe in him then in the Clyent;) Garcias had her in his power as a bird inſnared, and being weary diſmiſſes her, with a promiſe to ſet her Husband at liberty; but the Spaniard conſidering that a man or womans honour is like a great Fort, take that and you command all the reſt, tells the Priſoner that he muſt pay ten thouſand Crownes redemption, ſhe with much difficulty ſatiſfies that demand likewiſe, and was promiſed that her Husband ſhould be ſent home to her houſe the next day, but the p. 63perſidious Governour bethinking himſelfe what danger he might incur from the Emperour, and fearing that the man might be revenged on him (for dead men doe not bite, therefore in ſome places of Italy you may have a man killed for five ſhillings, but not cudgelled under twenty) ſent a Prieſt to him to prepare himſelfe for death, and cauſed his body divided from his head to be ſent home the next day in performance of his promiſe; now for the poore ſoule to ſee her ſelfe deprived of Husband, Honour, and goods altogether, her griefe was above expreſſion, and the torment the greater that if it were diſcovered ſhe would be abhorred; and if concealed, it could not be cured; at laſt with extreame ſhame ſhe made it knowne to a friend both able and faithfull.Hercules Eſtius. Now the Duke of Ferrara being Generall for the Emperour, Aemelia preſents her requeſts for Iuſtice againſt Garcias who was convented at Ferrara, and thinking that as the Adultery of Mars and Venus ſerved onelyonly for ſport in the Court of the Heathen Gods, thought that the Generall would but laugh at the conceit, or at the worſt would remand him to his Command at Milan, perſwading himſelfe that in ſuch a caſe his Souldiers would not let him ſuffer, he confeſſed the fact, ſaid it was ſo pleaſing a ſinne, that it was impoſſible he ſhould ever repent of it, and upon the matter told the Generall that the Traitor was deſervedly executed, and therefore he was not troubled at what might be the event of it. Saies the Duke, Why am I made great but that I ſhould doe Juſtice upon the greateſt offender? Garcias ſaid the Duke, you muſt reſtore to this Lady her raviſht honour. Sir, ſaies he, That is impoſſible, and what's paſt helpe, ſhall be paſt greife. But you may Marry her, ſaies the Duke, for you loved her once, and you muſt love her for ever, or loſe your life, and that you ſhall doe this day. I loved her indeed, ſaies Garcias, as Herod loved Mariamma, or as the Hunter loves the Veniſon to make ſport or to feed upon it, but I am not prepared for death, therefore I chuſe rather to Marry her. Aemilia upon her knees intreates that ſhe may p. 64rather dye then Marry him whom ſhe ſo much abhorred. but the Duke having whiſpered with her, ſhe ſubmitted to his good pleaſure. The ſame Prieſt joyned them together, (by vertue whereof ſhe was intitled to his Eſtate) and of a forced bargaine Garcias hoped to make the beſt of it, but that which was as luſhious as Locuſts, proves as bitter as Coloquintida, for the Duke adjudged him to loſe his head inſtantly, and the ſame Prieſt appointed to prepare him for that fatall blow.

And bleſſed be God for any good beginnings in this kind, which the eyes of good men behold with comfort, both at Weſtminſter, and this new election of Councell in this renowned City, the Hieruſalem of England. Of which famous City our Profeſſion being ſo much indebted to it, I muſt in duty ſay thus much of it, it is the Ieruſalem of our England, and now the receptacle of the Saints; the Lord hath had in all ages, ſome hiding-place for his people untill his indignation be appeaſed, and where but here? A ſtrong argument to me in all theſe Commotions, that the enemy ſhould never ſet his dirty foot upon this Virgin City, it is an Epitome of the whole Land, the heart of the Kingdome, the Chamber of the great and moſt Honourable Councell, and the nerves and ſinewes of our juſt defenſive Warres; and next under God, and our Worthies in Parliament, the chiefe preſerver of the whole Kingdome, and now in true eſteeme the moſt glorious City in all the world,Fateor naevos in vultu veneris but I ſpy a mole in the face of Venus; Beggers are ſuffered in our Engliſh Iſrael; Oh the fearefull noiſe that the poore Priſoners make for bread, for bread; the hydious noiſe that was made at the Sacrifice to Molech that the childrens skrikes might be drowned, is nothing to it,Audio vocem eſurientis. becauſe we are Chriſtians; what Engliſh heart but muſt cleave if it were a Rocke, melt if it were Ice, ſoften if it were Iron, diſſolve if it were a Diamond? to heare a poore ſoule in ſuch anguiſh of ſpirit bitterly cry out; Oh Bread, Bread for the Lord Ieſus Chriſts ſake, Bread; we are a great company of poore Priſoners, almoſt ſtarved and p. 65pined, (as if their Soules were ready to take their flight for ſuch unkinde uſage) did not cuſtome take away the ſcandall of it, and inure us to it, as thoſe that can ſleepe quietly neare the Catadupes and great falls of the water of Nilus; ſhall we deny bread to thoſe, or to any for whom Jeſus Chriſt ſhed his precious blood, having ſuch plenty as bleſſed be God we ſtill enjoy to admiration, and profeſſing our ſelves bretheren of the ſame faith? Indeed for Priſons, the Banquet is a moſt excellent compoſition of Charity, but I feare many are in extreame want, it may be ſuch as are aſhamed to begge; truely ſince by our Law (which is contrary to the practice of other places) the Creditor is not bound to maintaine the Debtor, whom he has diſabled from geting his living; it lyes much upon the Governours that no man want Bread and neceſſaries, one man is thruſt downe into the Hole not having two pence to pay for his Lodging,Is not this againſt the Commandement. another ſtands at the Gate blowing his fingers, becauſe the Creditor will not let him get his living by the ſweat of his browes, a third lives upon the Basket, that had he his liberty might releeve others, as formerly Merchants have done; now truely if it ſhall appeare that any man ſhall fraudulently, or ſubdolouſly get into his hands another mans eſtate, I thinke he ought to be ſeverely puniſhed, as in Roan, a Father and two Sonnes were executed as decoctors and melters of other mens Eſtates,Decoctores bonorum al…orum ſuſpendantur. that had borrowed ten thouſand pounds not being worth a Groat, nor any probable poſſibility to be ever able to ſatisfie; but for a Merchant that has loſt his Eſtate by the immediate hand of God, through ſhipwracke, or other caſualty, to be perſecuted upon the Statute of Banckrupts, and the Wife to be examined againſt the Husband, and if twenty pound be concealed to preſerve a numerous family from ſtarving, to be ſet upon the Pillory, and loſe an Eare (whereas if right reaſon might take place, the Banckrupts Wife ſhould be provided for in the firſt place, according to the Portion ſhe brought, it being the moſt ancient and primitive Debt, a p. 66man being more ſtraightly bound to his Wife and Children then he can be to any Creditor) and after all this to lye in Priſon perpetually.Scripture priſons were for cuſtody, not puniſhment. Oh that we had the tender bowels of our Father, and would ſeriouſly ſtudy, Mat. 18.23. that famous Parable or ſimilitude. But ſome object, that little Money will be lent upon ſuch ſecurity, truly I am confident there would be more honeſt Bargaines, and leſſe fraud, and how was it amongſt the Jewes when there was a yeare of Jubile, that all Debts were releaſed the ſeventh yeare? now the word fraud puts me in minde of a good remedy to prevent it, which is, that there might be an Office in every County, to Regiſter all Leaſes made for any Land in that County, and indeed all conveyances whatſoever, and all charges upon the Lands, and all Bonds and Contracts of any great value (for 'tis a hard matter to finde out Recogniſances, Judgements, Extents, and other Charges, and too chargeable for the Subject) that ſo for twelve pence or ſome ſuch ſmall matter, every man might know in whom the intereſt of Land remaines, and what incumbrances lye upon it, and every Eſtate or Charge not entred there to be void in Law; but then ſaies a miſerable hunkes, My Eſtate will be diſcovered, and what will become of truſts? truly till about thoſe unquiet times of R. 2. and H. 4. we reade of few truſts or uſes, and if it pleaſe God to ſettle a well-grounded Peace, (as I hope comparing what has been done with what is to be done, two parts of the difficulties are ſurmounted) I know little uſe of any private truſts, the ſquare dealer cares not who ſees his Commodity. No doubt it were a happy thing if every mans Eſtate in the Kingdome were generally knowne, then he that is not worth a Groat would not goe in a garbe of five hundred a yeare, and incurre Debts irrecoverably; another hugs himſelfe that he can couſen mens expectations, making men beleeve by his old ſhooes that he is not worth five pound, when he has thouſands in his Coffers;As the Gebeonites. Ioſ. 9.Josh 9 of which diſſimulations the latter is the worſe, it being better for a woman to p. 67paint then to blurre her countenance. It is to be wiſhed that the poore ſoules of Priſoners were better fed,Elemoſina cordis manori eſt quam corporis. that ſo the loſſe of their Temporall liberties might be recompenced by ſpirituall advantages, though to the praiſe of this place be it ſpoken, that here are Miniſters appointed for moſt Priſons, but in Country Goales it is ſad to conſider their deplorable condition, a ſmall matter yearely laid upon every Towne in the County would maintaine a Miniſter for the Goale,Five ſhillings a Towne. who by love might gaine much upon their ſpitits (for truly when all is done the way of love is the beſt, and a more winning way, and if any thing about, yet the faireſt) when the poore wretch ſhall ſee that the Magiſtrate loves his ſoule, and is ſorry for his miſery, and would not puniſh him but that the neceſſity of Juſtice exacts it; now till this be effected, why may not the Priſoners where there is no danger of running away, goe out with their Keepers to the publike Preaching? or if not all, why not ſo many as can be conveniently attended upon? It will be ſaid that this might be conſtrued to be an eſcape in Law; What? if a poore Priſoner ſhould goe out in the morning on the Lords Day, to ſerve God, and returne at night, will any Creditor be ſo divelliſh to Count that an eſcape? As if like one that had the Peſtilence, he ſhould envie the ſalvation, and wiſh the deſtruction of his Chriſtian Brother, whom ſurely he reckoned ſo at firſt, or elſe he would have had no dealing with him.

There is ſome queſtion about Arreſts on the Lords Day, but I thinke the queſtion ſhould rather be, whether any but Accomptants ought to be impriſoned for Debts; there is I confeſſe a difference taken in our Bookes,67…25. on 27. E. 3. 9 Rep. 66. Mackallyes caſe that no judiciall act may be done upon the Lords Day, but that miniſteriall acts, ſuch as to Arreſt men may be done; the reaſon is rendred, becauſe it is a good thing to doe well upon the Sabbath; certainly there is more dexterity of wit, then ſolidity of Chriſtian Judgement in this difference; I am ſorry the reverend Author ſhould put a Briſtolſtone p. 68amongſt ſo many diamond Reaſons as are in that caſe, what manner of reaſoning is this? A poore man in debt would faine ſerve God upon the Chriſtian Sabbath if he might goe free from Arreſt;The Law priviledges men going to Faires cundo morando redeundo. no, ſaies that Booke, if you goe to the Market for your Soule you muſt be arreſted, and ſo the poore man it may be drinkes away the day, and ſplits his Soule even upon the rocke of diſpaire, and whether this be not a breach of the fourth Commandement, judge you; for this is an everlaſting rule for all Chriſtian Magiſtrates, that whatever any mans offence be, they muſt take care for that mans ſoule.

I am perſwaded that that which was formerly ſpent in Pageantlike vanities upon a Lord Mayors day, would have fed all the mendicant poore about the City; I profeſſe, conſidering what fopperies are beyond Seas, a man might well have askt whether the Lord Mayor was a Chriſtian, or did honour to ſome Heathen Deity? but bleſſed be God the moderation of this City is knowne, and beloved of all good men; me thinkes a crowne a houſe within the Line, advanced by the Landlord, ſhould make a comfortable proviſion for all the Beggers; I know the ſtreetes in that populous City of Paris were ſo covered with Beggers, that as you walkt along upon their Holy-daies you might have imagined your ſelfe in a continued Hoſpitall; one Gedouen, famous Gedouen Provoſt of the City, a compaſſionate man prevailed to lay a Leavy of five ſhillings a houſe throughout the City, wherewith the Beggers were cloathed, thoſe that could worke imployed, the impotent provided for, that in a moneths ſpace a Begger was as hard to be found as a Wolfe now in England, or as I hope ere long it will be to finde an Enemy to the Kingdome in the bowels of it; we have many excellent Statutes to this purpoſe,42 Eliz. which are in ſubſtance the Law of God, and can never be repealed; and were there once no Beggers in London, I ſhould have ſome probability to nouriſh my faith that it would be Univerſall, for this p. 69City is an excellent Copy for the whole Kingdome to write after. I heare others complaining of numerous Priviledges, but I hope the Noble Peeres, and worthy Patriots will not renounce their legall rights to gratifie a company of old Uſurers, or cozoning oppreſſors, (for I obſerve, that thoſe which are conſcionable in lending are curteous in forbearing) and at that word Uſurer my heart riſes, and is ſo brim full that it muſt needs a little run over; poore Soules, they loſt a fifth part of their comforts when Money was reduced from Ten to Eight, cruelty is their Genius, but I hope that Trade is not long lived, Luther thunders againſt it; indeed, ſincere Calvin uppon occaſion of many Engliſh mens flying for Religion to Franckford and Geneva, taking ſome Money with them intreated the Bankers to allow them three or foure in the Hundred, becauſe they knew not how to imploy it; but he delivered his Opinion with many cautions, ſo as the lender gaine by it, and be well able to pay it, and ſo as none be offended by it.

It it the honour of our Nation that the Practice of Uſury is not by any Law allowed,13 Eliz. 8. 39 El. 18. 21 Jac. 17. in point of Religion or Conſcience, and the words of the Statute are, That all Uſury being forbidden by the Law of God is ſinne, and deteſtable, and therefore enacts, that he that takes leſſe then ten ſhall forfeit the intereſt though it be under eight, which is in force to this day, and might be of ſingular uſe, if the proceedings by way of information or action were quick (but in truth they move like ponderous bodies, it is rolling a Stone upon a Hill, and if there be the leaſt miſtake down it tumbles upon the Plaintiffe) to compell men to deal like Chriſtians, who worſe then Jewes cry out for Intereſt in theſe ſtraight times, from their Chriſtian Brethren, who have been plundered of all in the Country, driven from their habitation, ſcarce having food and rayment, and where to hide their heads, and yet the Uſurer cries I have nothing to live upon but my Uſe, not conſidering that the Debtor hath neither p. 70Uſe nor Principall; and this is true in caſe of Sureties contrary to the true intent of the ancient Law, that the Surety ſhould not be queſtioned but in default of the Principall,Si defeceris principalis. untill the witty Arch-Biſhop Keeper being angry with a Surety ſaid, That he that was firſt in intention ſhould be firſt in execution, and for his conceit ſake ſent him to the Fleet, though the principall was able to have made ſatisfaction; beſides there are too many evaſions out of good Statutes; if a man give Bond of an hundred pound for a Horſe not worth ten pound, this, they ſay, is no uſurious Contract. An old Uſurer delivers twenty pound to a young Heire, and an old Bond of eighty pound not worth ſixe pence,Morſura non uſura. who gives Bond to pay one hundred pound, this is divelliſh biting, but it muſt not be called Uſury within the Statute, though I conceive it cleerly within the intent of the Law-makers. When we object ſtewes againſt the Papiſts, they ſay they will ſuppreſſe them, when Proteſtants forbid Uſury: but I doe not ſay any thing againſt a tolleration of it, in caſe of Orphans; neither doe I make any queſtion but that in great and weighty matters a Kingdome may allow eight or ten in the Hundred, to get Money to preſerve it ſelfe; fot in caſe of neceſſity it was lawfull to eate the Shew-Bread, and for Adams Sonnes to Marry with Adams Daughters, beſides what the wiſedome of a State ſhall conclude upon in ſuch caſes cannot be thought prejudiciall, but that which I drive at is, that rich men in theſe daies make it an Inſtrument of oppreſſion, he that would be fully ſatisfied, let him reade a Booke which I finde written by R. F. of Graies Inne, 1611. I beleeve the moſt judicious that ever was concerning this Subject; now to reſume the matter of Priviledges, which are private Lawes to be maintained and defended as well as the Publique, ſome Noble Peeres deſerve much Honour in maintaining their ancient and undoubted Priviledges, and placing their legall favours upon fit Objects; if any of their followers be any way ingaged, they ſatisfie as they are p. 71able, and the Creditors have returned their Lordſhips humble thankes for ſome Hundreds of pounds paid by the Creditors, who had never paid a penny had they been impriſoned; others may thanke that Noble Knight for their Debts, who for his clemency and commiſeration entended to poore Priſoners, deſerves to be ſtiled, The Humaniſt of England.

And here I would humbly beſeech thoſe Honourable Perſonages who are moved to grant Habeas Corpuſſes for poore Priſoners in Execution, to goe abroad in vacations, (either like Bees to fetch in a little Honey to the Hive, gathered from the flowers of their friends charity, or to get in their eſtates which is a hard matter; for every man concludes that nothing can be due to a Priſoner) Chriſtianly to conſider whether they can ſo cheerefully anſwer the deniall thereof, as the granting of them at the day of Judgement; when it will be eaſier to anſwer an errour of Indulgence and mercy, then ſeverity and ſtrictneſſe: The Reverend Judges fitting for Lord Keepers granted many, and Creditors found the benefit of it,Hutton, Harvy, Crooke, Vernon, &c. and when preſidents are various it is preſumed for liberty, in Mitiorem partem, much may be ſaid in favorem libertatis. for no man will returne to a Dungeon if he can ſatisfie; the Bird will not come into the Cage unleſſe enſnared. But Habeas Corpuſſes have been abuſed, ſaies the Creditor, truly if he may be Judge it is in vaine for the Priſoner to plead not guilty; But what has not been abuſed? have not the Sunne, Moone, Starres, nay Women, Wine, and all things ſublunary been abuſed? me thinkes theſe neceſſitous times ſhould be as a golden Key to open the doore of hope for poore Priſoners, it being almoſt a Proverbe beyond Sea, or rather a progidie, that an Engliſh Uſurer may have as many ſlaves as he pleaſe, though a Lord could not impriſon his Villaine; and it was reſolved that a ſlave brought from Ruſſia by an Engliſh Merchant was inſtantly a Free-man, comming upon Engliſh ground, and breathing our pure ayre.

And now concerning the neceſſary and laudable recrute of the Honourable Houſe of Commons,11 Eliz. Cartwrights Caſe, Camb. who may p. 72juſtly ſay,The Motto of a Commoner like a glorious Torch, Aliis inſerviendo conſumor. We conſume our ſelves in giving light to the Kingdome. Anonimus brings in a floud of words, but not one drop of reaſon to make good his aſſertion, that Lawyers are not fit in this comjuncture of time to be choſen Members, the weakeneſſe whereof will eaſily be diſcovered by the ſtrength of reaſon and authority, which are the two inſtruments to confirme all truthes; in reaſon we ſee with our owne eyes,Sapientis eſt propriis oculis videre. in matters of Authority by other mens; the Divine begins with reaſon, proceeds to experience, and ends in Authority; the Phiſitian begins with Authority, proceeds by reaſon, and concludes in experience; the Lawyer begins with Authority, proceeds to experience, and ends in reaſon; therefore for the diſcuſſion of this point, I ſhall begin with the Authority in the laſt inſtitutes, the words are theſe: At a Parliament holden at Coventry, 6 Hen. 4. by colour of an Ordinance made in the Lords Houſe, in 46 Edw. 3. it was forbidden that no Lawyer ſhould be choſen Knight, Citizen, or Burgeſſe, by reaſon whereof the Parliament was fruitleſſe, and Lawyers ever ſince for the great and good Service of the Common-wealth have been eligible;Corpus cauſidicorum eſt ſeminarium Magiſtratus. now let right reaſon be Judge in all things, the Innes of Court are the Academy of the Law, and the body of the Lawyers is the ſeminary of all Magiſtracy.

Does not the Supreame Power governe the Kingdome by Law, and are any ſo fit to be Law-makers as thoſe that muſt be the Executors and Diſpencers of them; King James (who certainly was the Phaenix of Princes for ſubſtantiall learning) admires the wiſedome of our Lawes, that the Judges have no Vote in Parliament, and the Pen of famous Bacon is of that Judgement, the excellency of that obſervation in my weake apprehenſion lyes very deep, I want a Bucket to draw, can any man declare the meaning of an Act of Parliament ſo well as the makers? who knowes the ſpirit of another man ſo well as himſelfe? the reverend Judges are bound to expound Statutes according to the minds of the Legiſlators, otherwiſe they p. 73that are at the oares, rowe contrary to him that ſits at the helme, & then the Ship of State would quickly be in danger of drowning. That the knowledge of out Municipall Lawes is not a neceſſary ingredient to the conſtitution of a Statesman, is a fundamentall errour in Politiques; I doe not hold that Reaſon is circumſcribed within the limits of our profeſſion & perſcrutation, but I am confident that the common Lawyers of England are as underſtanding rationall men as any Practiſers of any Profeſſion whatſoever be in the world, and I dare ſay that there are more Godly Religious Lawyers, Attourneys and Solicitors in England, then in all that habitable part of the World, called Chriſtendome;

But my Adverſary would faine make his Ignorance ſeeme Iugdement, I know not why he mentions Calice, I confeſſe I do not love the leaſt gall in inke (the rather for that any thing I know to the contrary he may be an honeſt man and a good Chriſtian, though in ſome things erroneous) I ſhould tell him that he miſtakes our Lawes As the Prieſt when we loſt Calice, took our Engliſh brawn for ſturgeon, and eate it luſtily in Lent, and ſent for more Engliſh Sturgeon; I can by that little knowledge I have in the Common Lawe tell the Civillians that our tryalls by Jury are more excellent then theirs by Witneſſes onelyonly: for how eaſie a thing is it,It is a merri… Story in Hollinſheds reigne of Queen Mary. in a ſinfull populous State to get two men to ſweare an affirmative? and indeed by the ſtrength of our Common Law-reaſon I can diſcover many weakneſſes & errours in the Lawes of other Kingdomes; but what a ſilly allegation is it, that we are not uſefull in other Kingdomes,Lex eſt determinatio legis naturae integrae non corruptae. learned Mr. Selden. Every Kingdome hath it's Common Law Tanquam inter viburna Cupresſi. for all Lawes are but determinations of the Lawe of Nature incorrupted, though every State has its diſtinct municipall Lawes; and herein we exceed, that many of us underſtand their Civill and Common Lawes beyond ſea, but not a man of them that ſo well underſtandeth our Common Lawe: which for certainty, perſpicuity and many other reſpects farr advances it ſelfe above any other humane policie, but to keepe to the poynt whether an honeſt Lawyer be not a neceſſary and uſefull p. 74member in the publique ſervice, to hold the contrary is to maintaine ſo weake an error, that I think never yet deceived any man; If thou intend Anonimous, that thoſe which have knowledge in the Lawes are not fit to be Commoners, thou then art ſo ſilly that I ſhould be ſorry for this incounter: but if thy meaning be (as I beleeve it is) that you would not have Parliament men to practiſe, then there are theſe two things conſiderable.

quere, whether it be fitting a Lawyer ſhould have two places till his Brethren be imployed, I hold it negative upon reaſons irrefragable it being deſtructive to all State-policie.1 Whether it be fit that a Judge of a ſuperiour Court ſhould give attendance upon an inferiour Barr: becauſe we know what excellent ſervice the Lawyers of the houſe of Commons have performed concerning the Judges who have been deſervedly judged.

2ly. Whether to be of the Honourable houſe of Commons doe not require a whole man? To the firſt it may be anſwered, that ſitting, the Parliament, all other Courts muſt doe homage to that in any competible poynt of power; But when they are out of the houſe of Commons, they are in particuler reſolved into their private capacities, and he that is an Eſquire and a Commoner will not take place of a Knight that is not of the Honourable houſe, though truly I could wiſh that every Knight of the Shire eſpecially during Parliament time (and ſo long as they live conſidering their hard ſerivce) might precede all the Knights of his ſhire,The Knight of the Shire. p…r excellentiam. who for breaking the Ice in that perticular deſerves much commend…tions. and ſo the Burgeſſes proportionably for never did mortalls act in ſo glorious a Cauſe as this is, as that excellent ingenious moderator clearly proves that the King is greater then all particulars, but leſſe then the univerſe, as the Chapter capitularly congregated are ſuperiour to the Deane, but apart, ſubordinate to him.

To the ſecond, I anſwer that when ten men are obliged to pay 20 li. if one man payes it, it is in Lawe the payment of all the reſt: ſo all men and women being equally obliged to marry for the publique good, when the Kingdome is populous and no want of poſterity they are diſcharged as to that politique Conſideration; So if twenty Commoners are practiſing in other Courts, if the buſines of the Houſe go on p. 75as effectually as if they were preſent then that ſcruple is removed, but indeed I would have it with this caution, that if ever it ſhould come to a vote in the Houſe of Commons about the regulation of Fees, or redreſſing of delatory proceeding, or any matter whatſoever that is to be reformed in Courts of juſtice, concerning the profit of Gown-men; I would have them deſired to be abſent at ſuch votes; for truly if the queſtion were put to me whether any thing ſhould be enacted againſt my particular profit, I ſhould ſuſpect my own judgement; nor ought any man to be judge in his own cauſe, when it concernes his privat advantage, for as Gold is tryed by the touchſtone ſo are men by gold; it is too heavy a temptation to be layed upon any mans ſhoulders: for the beſt Man is but a Man at the beſt, & the ſpawn & root of all ſin will have a being in the moſt ſanctified man: ſo long as he hath any being heer below, & the higheſt poynt of policy is ſo to ſettle matters that no man may hope to gain by prolonging ſuites, or muliplicitie of buſines, Machiavill ſayes,R…pente ex … timo, fit turpeſsimus. As that Honorable Gentleman ſaid at the C. P. for the encouragement of the Reverend Iudges. Procurator Ceſaris. At Brides, by Mr. Peters a man of a pure Evangelicall ſpirit, who goeth about doing good, and may be a looking glaſſe for others. qui optime meritus eſt de Regno, do but tell a good Prince that he may doe what he liſt, and preſently he becomes a Tyger. I am ſure experience ſhewes and it ſhall be acknowledged to all poſteritie, the excellent ſervice that hath bin done by men learned in the Lawes ſince this Parliament; their names ſhall be had in everlaſting remembrance; Faithfulneſſe to the State and uprightneſſe hath bin their brightneſſe & glory: and which hath bin more ſet off with a greater luſtre by reaſon of the reciduation and unfaithfulneſſe of others, of whom I will ſay but this, the Lord pardon them their great tranſgreſſion: for they knew the Lawe yet contemned it; I am ſure they have been a diſhonor to our noble profeſſion: but I leave them to the wiſdome of Parliament, onelyonly I confeſſe I was much affected with an expreſſion I lately heard in a Sermon, that ſhould our enemyes prevaile over us, ſhould they whom the Parliament have judged rightfully, have been Iudges of the Parliament wrongfully, they would not leave one of a thouſand, but every mans private judgement is concluded in Parliament: whom not to beleeve p. 76in all State matters is morall infidelity; OnelyOnly I may not forget the recognition of all humble gratitude to our moſt honourable Parliament for imprinting a diſtinguiſhing character upon us that have been London Reſidentiares and faithfull Adherents to the publique Cauſe and the Oxford Abſentees,The ſhorter the better as more healthfull to the body Politique. or Malignant Lawyers, that they are not ſuffered like Pharohs leane Kine to eate up (I cannot ſay the fat paſtures but) our ſhort commons, for my own part I love their perſons, and will be ſo charitable as to think it their error in judgement: but their ill examples have been of ſuch dangerous conſequence that what may be conſtrued nugatory in others is piaculary in Gown-men; As Adultery is held the greateſt offence that can be committed againſt the husband: being ſo directly againſt the conjugall contract and alliance; ſo for a Lawyer to be active for the deſtruction of the Lawe, is a moſt tranſcendent enormitie; For as the difference between Ceſar and Pompey was not who ſhould reigne, but who ſhould live; So the Oxford party threatens to deſtroy the Parliament, and ſo to drye up the fountaine of all our lawfull Libertyes; the Parliament deſires not to diminiſh his Majeſties juſt grandor, but to defend themſelves and the Kingdom from violence and oppreſſion; For what ayme can a Houſe of Commons have but the Common good?

But I leave that & bleſſe God for what I ſee of ſome new elections of honeſt & religious Lawyers of our ſociety; my life upon it Anonimous, they will have no deſigne but the Kingdomes happineſſe: I tell thee none ſo fit as ſuch Laweyers to be elected; I doe not one whit diſparage Gold when I ſay a Diamond is more valluable, but I will make no ſuch difference, this I know I may ſay without offence, that an honeſt Lawyer is as a 22 s. peece: and an honeſt Gentleman as a 20 s. the reaſon is becauſe he is both a good man and a Lawyer; now a double ſufficiency & abillity muſt alwaies be preferred before a fing…e.

I would not ſo much adviſe as intreat my dear Countreymen that they would ſerioſly conſider that the happines of p. 77this Kingdome is principally wrapt up in good elections it being of as great publique concernement for Countyes and Burroughs to chooſe worthy Patriots for Knights and Burgeſſes as the choyce of a wife is for any mans private happineſſe, wherein once to erre is to be undone perpetually. And therefore to be exceeding carefull to chooſe men well principled, for truly if there be not the Anchor of ſincerity a principle of grace above pure naturalls it is a gre…t marvaile if ſuch men be not carried away with the winde & tide of private advantages: looking too much after the cock-boat of particular pecuniarie or amicable intereſts and ſo neglecting the ſhip of Sate.

Men of publique ſpirits that have been active and faithfull in times of greateſt danger; It is all the juſtice in the world that thoſe which have ſuffered moſt for the Kingdome ſhould be honoured by the Kingdome: not to chooſe lookers on much leſſeaaIt was a moſt gallant ſpeach of My much honoured Lord the Noble Earle of Deubigh, that if his Lordſhip knew of one drop of Malignant blood tunuing in his veines he would let it out himſelfe. Malignants or Neutrals, which wiſe Solon could never indure, as judging them rotten-hearted to the State that lay onelyonly upon advantages to joyn with the ſtronger Party. Then FaithbbSpiritus Regenerationis et Regiminis faciunt felix Maritaginum. & Faithfulnes being premiſed the more humane learning, the greater parts, abillities & indowments in all other reſpects both mentall and corporall, the better it muſt needs be without exception: becauſe humane learning is conſecrated and appoynted by God for publique government; and certainly, he that undertakes ſo weighty a buſineſſe with feare and trembling, and a Godly jealouſie over his owne heart and abillities, continually imploring Caeleſtiall aſſiſtance is the likelieſt man to be inſtrumentall for all our happineſſe; forccAs ingenious Mr. Withers obſerves who hath prevented me in this ſubject in many juditious Obſervations and directions. Had it not been for our Renowned H…mdens, Pyms, Goodwin…, non…e actum fuiſſ… de Libertatibus? truly to be a Parliament man requires a piercing judgement, and a deep foreſight into publique adminiſtrations, this I would onelyonly begg of my deare Countrey men that in doubtfull caſes when many may juſtly be elected, that they would allwayes preferre him who in the conſtant courſe and tenor of his life hath given largeſt teſtimony of his love and affection to God and goodneſſe; for truly Ieſus Chriſt hath ſaved the Kingdome.

p. 78But if all Electors ſhould not walke by that rule, it does not any way reflect upon the non elected, no more then when two noble Gentlmen court a worthy Lady where one muſt needs have a deniall He that in the ſincerity & integrity of his heart deſires to ſerve God by ſerving the Kingdome in a publ…ck way if he be lawfully called thereunto internaly by God, & externally by man, he may l ve with content, and ſhall dye with comfort; as the wiſe Venetian that was not called to the Senate ſaid, I rejoyce that there are 500. abler men in the Citie then my ſelfe.

It is a moſt happy condition to be ever doing good, and to be juſt & ſerviceable to our generation in ſincerity without hipocriſy; but what paines ſoever any man takes for his Countrey it is but cracking an hard ſhell, the kernell is his owne, ſweet content here, and perpetuall manſions hereafter;Vendidit hic auro Patriam. As on the contrary Traitors to their Countrey, Subverters of Lawes and Libertyes will be placed in the worſt chambers in Hell before ſelfe-Murderers.

As for Reformation in Courts of Juſtice where any thing is amiſſe, I proteſt it is my higheſt ambition, I ayme it in my profeſſion, there is an envious opinion which I would fain remove; that Lawyers are enemyes to Reformation in matters of Juſtice. I am ſure every honeſt Lawyer heartily deſires the good of his Country, & whatſoever the Parliament ſhall conclude moſt conducible to publique juſtice. I hope we ſhall embrace with all alacritie knowing that we are a conſiderable part of the Kingdom, & what is good for the whole body muſt needs be good for every part of it; Indeed if there be any malignant or newtrall Gown-men or Swordmen that have publick imployments, & high Places.

…erdate v…i …iori. …iſta loqui… qui eſt om… homo. …t conſpira…ta Daemonia.Take heed Gentlemen ſaies the Italian, when a Jeſuit comes to aske any queſtion: for where great parts and little honeſty concurr, then Caveto be your Councellor.

And truly that word Sword men puts me in minde of our pretious Armies, which no doubt are dear to the remembrance of every good man, as the moſt vertuous Lady to an inamored Suitor. It would be a very unrighteous p. 79thing, and me thinks blame worthy to forget their extraordinary labours of love, and to conclude a Lawe treatiſe, or indeed to write any booke without an Honourable remembrance of them that have been ſo inſtrumentall to maintaine our Lawes and happy Government; For I know no greater Argument to perſeverance, next to an inward Principle of goodneſſe, then that honeſt men are fully perſwaded that a man is juſt and gratious; for a great ingagement lyes upon him to anſwer expectation. Greater love did never any Nation ſhow, then the moſt honoured Brethren of the Kingdom of Scotland to come in ſo freely to help the Lord againſt the mighty; the Lord recompence it, and all the good that they have done for us unto them, with all Spirituall and Temporall Benedictions.

What Laurels of honourable Prayſes are due to the moſt Noble late Lord Generall Illuſtrious Eſſex & to numerous gallant Commanders under his Excellencies command, Oh that we had an Homer to ſing the praiſes of every good and great Achilles.

The King of Sweden was wont to ſay upon the death or change of any great Commander, that when God rides poſt for the good of his Church: he uſes many times to change horſes that one may not have all the honour; many of our Centurions have done ſo gallantly that many Volumes cannot containe their juſt praiſes: therefore I intreat their pardon that I doe not name any in perticuler leaſt I ſhould not pay them half their due, & ſo be thought to exclude the reſt, dear Soules, they have marched many a myle to ingage for us, therfore if I make a little digreſſion to teſtifie my honourable reſpect to them, it cannot be thought unreaſonable.

Concerning our Noble Generall, whom I truſt ſhall ſhortly have the Olive for his juſt Guerdion (for I hope we ſhall not long continew under the Malignant conſtellation of Mars & Saturne, as Crowes amongſt Carcaſſes but every honeſt man ſhall live peaceably under the gratious influence of Iupiter & Venus) for matters of millitary prowes & p. 80gallant valour; I need not ſay any more but that he is the ſon of the Right Honorable the Lord Fairfax, and of the noble Daughter of the truly Noble Earle of Mulgrave.

And here Duty and Gratitude muſt make a parentheſis, I cannot mention this good Earle without an honorable remembrance in whom Greatneſſe and Goodneſſe keepe their cohabitation: for having had the honour to adviſe his Lordſhip concerning his eſtate, I finde a mine of wiſedome in his noble minde; our late Soveraigne King Iames rejoyced at his magnanimous comporting the loſſe of his three noble Sonnes: The Relation whereof deſerves a whole volume, one ſaying was moſt remarkeable: that Ieſus Chriſt my Saviour dyed without iſſue;Salvato meus mortuus eſt fine exitu. how zealouſly affected his Lordſhip hath been for God and his Countrey ſince 88. I am ſure all good men love and honour him for it; Indeed the Piety Humillity and chaine of Graces in the noble Counteſſe and the vertuous Ladyes (wherein all their ambition is to excell one another) far exceed the moſt invaluable Diamons and Iewels, and to ſay much in little So much as a man brings of Chriſt with him thither; ſo much welcome there.

Now that I may be true to my firſt principles, I ſhall ſay nothing of his Excellence but in relation to Ieſus Chriſt. This fully diſcovers the excellency of our Noble Generalls ſpirit, that deſerving ſo much he will not take the leaſt honour to himſelf, but all muſt be aſcribed to God & thoſe numerous victoryes looked upon as love tokens from Heaven handed over by the Lord Chriſt, as forerunners of that abſolute Victorye which He will have over all his enemyes, and rejoyces ſo far form as God makes him inſtrumentall for the good of the Kingdome.

What an honour is it to command them who command themſelves,Omnis denominatio ſumiter a digniori vel a Majori. and thoſe whom the Angels rejoyce to ſerve, and for an Army of Lyons to be commanded by a Lyon, who is commanded by the Lyon of the Trybe of Iudah what Anti-Chriſtian Power can make reſiſtance, when it pleaſes God to lead them by the hand, who hath promiſed p. 81to ſtand at the right hand of his ſervants, and will honour them that ſo unfainedly out of right principles by true meanes and for glorious ends honour him.

I cannot but take notice that our Noble Generall is of Graies Inne, nor can I forbeare a general remembrance of many precious gentlemen in the Army of the ſame ſociety in whom the ſeeds of vertue have bin ſowne even from their yeares of diſcretion.

I wiſh many Armes were taken downe from our Hall windowes, and theſe noble Gentlemen placed in their roome, for as hee that fights for the Law,Ex parte Dei et ex parte rei. Annot. 2. Tim. 4.7. Lachrymae ſunt ſudores cordis.2 Tim 4:7 wins an honourable eſteem, of all good men, ſo they that oppoſe the Law ought by the Law of Armes to have their Coates removed, and juſt as I was writing, there comes newes to mee that there is one heavenly light more in Heaven, ſweet Colonell Pickering having fought a good fight and kept the faith, and profeſſed a good profeſſion before many witneſſes hath finiſhed his Courſe, & received his garland even a Crowne of righteouſneſſe,Sir Gilbert Pickering one of the noble Knights for Northamptonſhire. and were it manly the ſweat of my heart would blot my paper, and were it not that pure love cannot conſiſt with much greife when the party beloved is made a Saint, and that his noble Brother carries al the graces and vertues by ſurvivorſhip, they being joynt tenents of them all, his loſſe ſhould ever be green in my rememberance.

What actings of faith do we heare of for the taking of ſtrong holds from the Enemies; that gallant Gentleman ſecond in command (who feares nothing but to offend God) at the ſtorme of Baſing, being acted with the ſame ſpirit that the propheticall Pſalmiſt was confident that God would enfeeble the hands and legs of Popery,Pſalm. 115.….Ps 115 and that their Idolls were but vanity, and not only then, but many other times the Lord hath graciouſly ſaid unto them according to your faith, ſo be it unto you.

The Generall queſtion is ſtill, what is the minde of Ieſus Chriſt in this particular, was there ever ſuch glorious things done by faith ſince the 11th. of the Hebrews.

p. 82Oh what heavenly breathings of the ſpirit and religious Conference is there in the Army! when will Sion be eſtabliſht in perfect beauty ſaies one, when ſhall Ieſus Chriſt be ſet gloriouſly upon his throne ſaies another, God can ſave by one as by many ſaies a third, lets do our worke and truſt Jeſus Chriſt for our wages, ſhall we think much to looſe our blood for him, who has ſhed his precious blood for us? Jeſus Chriſt tooke Briſtoll; no Iron barres can keepe out Jeſus Chriſt, if we die, we live, and our Indentures are but given us in a little before their ordinary time, with many ſuch ſweete divine expreſſions that they are in heaven upon earth, abounding in that excellent grace of ſpirituall reſignation in all the diſpenſations of divine providence, the hand of God is allwayes good, and his time is ever the beſt; that I am even raviſhed at the apprehenſion of them, never having heard the like, unleſſe it were in that moſt comfortable ſpeech of that deare ſervant of Chriſt, Mr. Burton at his ſuffering the like glorious manifeſtation of the ſpirit in my oppinion is not legible, in Mr. Foxes worthy labours, beſides a moſt admirable ſpirit of love Commands as in cheife throughout the Army, that I heard a gallant man ſay it were worth riding 5000. miles to behold it, but I ſhall turne my prayſes of them into prayers for them that not a haire of their heads may periſh, though truly I do not ſo much praiſe them as the gifts and graces of God in them, whereſoever we meete Jeſus Chriſt and ſee but the leaſt dawnings and breathings of his ſweet ſpirit, we are to love him, and exalt him with our moſt ſtudious praiſes, and truly I hope the time is comming that good men ſhall be great men, and that grace and honeſty ſhall be of more authority then ſtamps in Gold, and every man principally valued according to the impreſſe of Ieſus Chriſt upon his ſoule.

If any man ſhould vainly object that by reaſon of the novelty of ſome expreſſions, I ſeeme to give a blow to the Laws. I anſwere that it is the ceremoniall Law that I ſtrike at and I can demonſtrate to any intelligent man, that there p. 83are Ceremonies and formalities in Law which are as impedient, and inexpedient in Courts of juſtice, as ever the Ceremonies, or any Popiſh traditions were burdenſome to Gods people in matter of worſhip.

This which I contend for, would be no alteration of the Law, but additionall to it, for is it any alteration of the rule to lay it to the timber, muſt not the Phiſique be applyed to the diſeaſes, why then ought not the Law which is the rule of Iuſtice be alwayes conſtrained to make good men honeſt and plaine intentions, why not as well as in the Kings caſe I complaine not of the Law, but of the incroachments made upon the Subjects previledge by Miniſters of Juſtice, and that ſo univerſally, that in going to Law, he that ſpeeds beſt buyes Gold too deare. The reaſon of ſome proceedings being as obſcure as Tradeſ-mans marke paſt all diſcovery.

I admire and honour the wiſdome of the Common Law, and I would have no man to judge it, or be wiſer then it, but that muſt be underſtood of fundamentall Lawes, the alteration whereof as Sir Ed. Cooke obſerves, introduces manifold inconveniences, as in that Statute of impriſoning mens bodies for debt, & deviſe of Lands, as if he that lay on his death bed, could be wiſer then the Law if it were a juſt and perfect law, but much of a Banbury Cheeſe may be pared away without any deſtruction of the ſubſtance.

I would not have Law Bookes to be dealt withall, like the Common Prayer Booke, which as happily laine aſide like an old Caske, for its ill ſavour, but refined purged, and conformed to right reaſon ſpeedy Juſtice, and conſconable equity, let this expurgation be at the firſt daſh of all matters Eccleſiaſticall and Biſhops appurtenances, for what feare is there to expell the brats having baniſht the Father.

Another ſcruple I would humbly crave leave to ſpeake unto, I heare it often objected that a Court muſt not make new Preſidents, I marvaile by what rule the firſt Chancellor made orders and decrees, or were there underſtandings ſo cleerely illuminated in the darke times of Popery and prophaneneſſe, that it is impoſſible any further light ſhould p. 84be diſcovered; beſides, are not cauſes ſo various by reaſon of the continuall multiplicity and viciſſitude of humane affaires, that as no man goes twice into the ſame water; or ſeldome are two cauſes without ſome different circumſtances, have there not bin more lamentable caſes happened within theſe few yeares, matters of tranſcendent equitie, and conſcience then in many ages before, and muſt wee alwayes keepe the ſame pace in foule way and weather as in faire?

Our Bookes tell us that the Rule of Chancery is equall and good, and if there have bin 10000. decrees unleſſe the preſent Iudge, ſee the equitie and goodneſſe of them, certainly they ought not to be any rule for his conſcience, can any man give right Iudgement by another mans conſcience, certainly that will be as dangerous to the body politique as the Popiſh implicite faith was to Chriſts body miſticall.

I confeſſe former Iudgements and decrees are good grounds of deliberation and ſerious conſideration; but not of reſolution to Iudge accordingly, becauſe it was ſo held formerly, unleſſe I ſee evident reaſon concurring with that authority.

If men had good Iudgments they need not read Hiſtories nor ſearch for Preſidents, for put caſe that new Courts ſhould be created (as the happy demolition of ſome will neceſſitate the erection of others) by what compaſſe ſhould the Iudges ſteere the courſe of their proceedings, but by right reaſon, the force whereof is great, That an exact Rider governing with the bridle, which is univerſall Iuſtice, all the world over, Reaſon being like the higheſt and loweſt Honors, Vniverſall where Tyranny makes no obſtruction, as King Iames in his Starchamber ſpeech tells the Iudges that if they cannot make forth the reaſon of a Iudgement or decree to an intelligent Scholler it was much to be ſuſpected.

Beſides Chriſtian, Majeſtrates ſtand upon the vantage ground, having the great-ſumminary of ſacred writ to ſublinate the leſſe luminary of Humane prudence, for Divinity perfects and refines all mentall endowments.

p. 85But then it will be ſaid that by this meanes all things will be uncertaine if one Judge or Chancellour ſhall croſſe their predeceſſors.

I anſwer, nothing leſſe, for it is the greateſt certainty and ſecurity imaginable to judge all things by right reaſon, when no Juſticer will proceed further then hee ſees reaſon for it, enlightned by former preſidents, but if otherwiſe, that Juſticers ſhall be tyed to proceed according to former preſidents, without underſtanding the cleare reaſon and conſcience of them, then if the firſt preſident was erroneous (as who dare ſweare that it was not) we muſt bee undone for ever.

It is further Objected that in ſuch caſes the Parliament muſt be attended, and much I have heard ſpoken concerning Judges Oathes, I preſume to anſwer it thus; That I am confident it was never the intent of the Parliament, nor of any oath that ever was adminiſtred by Proteſtants, that any Judge, or Juſticer ſhould deliver his judgment, or make any blinde decree untill he ſee reaſon for it, though there be millions of judgments in the very point for as the intent of every ſtatute is principally to bee regarded, ſo is the reaſon of every judgment; if there be moſt excellent reaſon for it, yet if I underſtand it not, it is not my reaſon and conſequently an unreaſonable judgment, I ſay it again, for feare of miſtake, that every Judge muſt proceed according to his owne judgement and conſcience (for when I ſee the reaſon of a former judgment, then it becomes my reaſon) and there is nothing can be objected againſt this, but I can improve the argument to the Popes advantage, for no wit of man can finde out a medium between an implicit faith, and that for which I ſee a reaſon.

I had all moſt forgotten one obſervation concerning actions, upon the caſe for ſlanderous words, King James told the Learned Lord Hobart, that the wiſdom of our Law was admirable in this, that a man may not ſtrike though never ſo much injured by words becauſe betweene words and blows, there is no proportion, but I am doubtfull whether p. 86in Conſcience, a man ought to recover damages for ſcandalous words, when in truth, hee is not damnified, but the thing I ayme at is, that wee want a Court Marſhall or ſome Court of Honour to determine ſuch difference, for many men care not what they ſay, if the words bee not actionable, and a Gentleman may be called Devill, Knave, Rogue, Raſcall, baſe paltry fellow, Jackſtraw, and a Ventum ſadi, Jade, Witch, Whore, and many other barbarous provoking ſpeeches, (which for the preſent are not fit to be knowne, therefore I forbeare to mention them,) which being not actionable, the parties provoked fall to ſtriking, to reſcue their raviſht honour, and ſo take the ſword out of the hands of Juſtice, to the great diſhonour of Government and many cunning fellowes will purpoſely give ſuch Curtiſh language to ingage men to ſtrike, and ſo to bring an action, and then the Law is defective in this, that he that is ſtricken may beate the ſtriker outragiouſly, and yet may juſtifie in his own defence, wheras between one blow and twenty there is no equality of reaſon.

But when a man is diſhonoured by words, Actionable, the Law is ſo tedious, mens ſpirits being inflamed and inraged during the ſuite, and hazardous, that a quiet ſpirit has little minde to ſue, beſides the judgment of reparation is left to i. e. men that underſtand common honeſty, but are not ſenſible of honour and reputation with us, the very life and bloud of a Gentleman and the ſweeteſt flower in every mans Garden, therefore it is requiſite that Juſtice in theſe caſes might bee don in a more ſummary way, that having ſeriouſly conſidered.

1. The occaſion (if juſt or unjuſt.)

2. The perſons (if inferior or ſuperior.)

3. The times. And

Fourthly The places, whoſoever has ſcandelized or diſparaged any man that the wronger bee adjudged to aske him forgiveneſſe to unſay it publikely, and if he be damnified in his eſtate, to repaire it, and his eſtate ſeized for the money, and himſelfe impriſoned during his contempt, and p. 87to be eſteemed of all honeſt men, a barbarous rude and uncivill perſon, unfit for civill company, and humane ſociety, for men that will not ſubmit their action to bee tryed by Law (which is the Levell that all good men deſire to walke by) and by Juſtice which is the chiefe of all the vertues (it being but juſt and reaſonable that every man that wrongs another in any kinde ſhould make him ſatisfaction to his ability) are fitter to live amongſt Beares and Tigers, then in a well governed Kingdome, and if this be not according to the minde of Ieſus Chriſt, I ſhall retract it upon conviction.