The Commission.

Interp.Thus far this commission extend­eth to the execution of such Ordi­nances and Statutes, as onely con­cern the Peace, and Good-behaviour, of which there are very many, and some of them executable by one Ju­stice, and some not; but in case of ne­cessitie, for the speedie prevention, or suppression of unlawfull Assem­blies, forceable Entries, Riots, and Outrages, and for the correction of Ale-sellers, Gamesters, Profaners of the Lords day, common Swearers, Drunkards, &c. one Justice next at hand is soonest had, and most bound, required, and authorized by the words, you or any of you, in this Com­mission, to do that duty: And also by the words of the Statute, 34. Ed. 3.1. upon which this Article is grounded, to bind to the Peace, or Good-behaviour any that shall threaten violence to others, by sword fire, or other means: see Crom. J. P. fol. 128. And thus far, and further [Page 4]did extend the authoritie of Conser­vatours of the Peace before Mag. Chart. or any Laws were written in these cases, the fulness of which au­thoritie was supplied (in what it wanted, by the express words of such a large Commission as this,) by implication of a few words, in a short one, as you may read in the beginning of Lamb. J. P. briefly im­porting, that no power or authori­tie of law, ought to be wanting in any Justice of Peace, to perform the duty of his office, for it is Law it self, that no man shall want the means, to perform that which the law requi­reth to be performed by him: So that if Peace could not be maintain­ed without War, a Conservatour of the Peace, had the power of his Countie, to inable him that way, and so a Justice of Peace hath still. And Edward the 3 ^d, that first chan­ged the name of Conservatours to Ju­stices, and assumed both the naming and chusing of such officers from the people (who formerly chose them, and all other officers of trust in their full Counties, in every Shire, and Kings onely granted Commissions to such as were so chosen, and altered [Page 5]those Commissions at the peoples re­quest, whensoever they pleased to al­ter their officers;) did make his choice of such Justices, (although to his own ends, yet very wisely,) of such persons, as were best affect­ed by the people for their known in­tegrities amongst them, and most re­solute and able to keep under his Laws, and Rule, those Lords and former Superiours both of Law and Justice, whom he had subjected more by his sword and policie, than right at that time; and therefore joined these Justices in Commission with Lords and Judges, that they might be their equals in government so long as they behaved themselves well, and their superiours by the same power to govern and chastise them, whensoever they misbehaved themselves: for Lords, Judges, and Justices of all sorts may, and too of­ten do transgress the laws, as other men, and so of equals or Superiours, become subject to the justice of their associats in Commission (repu­ted otherways their inferiours;) be­ing transfigured from Superiour Jud­ges of the Law, to Inferiour Tres­passers against it, Indictable by their [Page 6]Peers, of the Counties, wherein they offend, and punishable in the Court, where their Indictments are taken, as you may read in the Stat. 2. Ed. 3.8.18. Ed. 3.3. and 20. Ed. 3.1. a­bridged by Rast. fol. 227. which (though rarely practised) can be no more strange to Lawyers, than when for false judgements 44 Judges, were hanged in one year, whose names and causes in brief, you may find in Horns Mirror of Justice, P. 239. 240. 241. and 242. Nor for Divines, than when an Arch-Angel, was by verdict of his Peers, and equals, the rest of the Arch-Angels, and judge­ment both of them, and of the An­gels that were his inferiours, doom­ed from Heaven to hell, from perpe­tual joy, to everlasting torment; and transformed from an Angel of light, to a Prince of darkness. Nor need it be a wonder to any that know the lawfull descent of inheritance, from the elder brother, that dies without issue of his bodie, to his next living brother; for what is a Judge that ceases to do justice, or doth injustice without re­gard of his oath or conscience, but a dead man in his judgement? whose judicature thereupon descends, and [Page 7]spirit passes (as Sauls to David) to the next chosen vessell of justice, that neither will nor can but judge him­self to death, when detected to him­self, to be thereof worthy, as David did when discovered by Nathan, how he had trespassed against Ʋriah. Well therefore did Edward the 3 ^d call them Justices in abstracto, whom he as­signed to do justice in Concreto, & not Justicers or Judges, as Glandvil saith, their ancient name was Justices, to mind them not onely to do, but to be justice it self to all men without respect of persons, otherwise than to value them for their Crimes, and those so much the greater by how much the Actors are, and would be so esteemed. Justices of Peace there­fore sworn and authorized to be Ju­stices indeed, and to proceed accor­ding' to the force, form, and effect, of the Ordinances, Statutes, Laws, and customs of England, so far as this Commission declareth they are, ought to be so sincere and severe in the execution thereof, as to perjure themselves for no man.

[Page 12] Post­script.Here are some particular Trespassers & Trespasses, instanced with an inde­finite conclusion of all others, which Justices of Peace may or ought to en­quire, by whomsoever, or howsoever committed or to be committed. Now what act of injustice can be but is a trespass? What Trespasser can be, but is included in the word whomsoever? What manner of Trespass can be, but is comprehended in the word how­soever? And what Justice of Peace can be, and be sworn as aforesaid, to execute this Commission, and the Or­dinances, and Statutes therein men­tioned, according to the force, form, and effect thereof, that can omit to enquire of, and punish all Trespas­sers and Trespasses, within his jurisdiction accordingly, without committing that damnable sin of Perjurie, prohibited by the second Commandment? It is true, all of them live not always within their ju­risdiction, and some that do, are of­ten imployed upon other publick services, on the like Oath, and some may be sick, &c. so that many may be often lawfully wanting in this; are not therefore any two or more, of so many named in this [Page 13]Commission sufficiently authorized, and strictly injoined by it, not onely to enquire, but also to hear and de­termine, all and singular Trespasses aforesaid? And doth not the same Statute, that appointed them quar­ter Sessions, also allow them as many Sessions as they shall see needfull to hold, to perform their duties? Then what Remora can stay, or Luci­fer fright them all, so that not so ma­ny as two of them be ready at all times to serve the Common-wealth in their office, and to discharge themselves really in that behalf? Me thinks I hear some answer; Writs, and Commands from Higher powers: I say, this Dilemma is cleared before in Lucifers own case: Yea, but (say they) this pra­ctise holdeth; and if not obeyed, Justices of Peace, like servants, are by their Masters, the Lords Keepers, or Chancellours, turned out of their Commission. I confess it is too often true; but are not they mad Masters that turn their servants out of their service for doing it? and are not Bride-wels, and Bedlam as fit for mad Masters, as for unruly Servants? are not the Laws powerfull, and plenti­full [Page 14]for the ordering of Masters, as well as servants? (Two Justices of Peace in my native County, Brecon, offering to break the peace with their daggers drawn one against the other, in presence of a Consta­ble (that was servant to the one, and more inferiour to both, than a­ny Justice can be to any Lord Chan­cellour) who arrested them with his sword, till they gave him bonds to keep the peace, which was the du­ty of their office, and his, and re­turned their bonds to Sir John Crook then Judge of that Circuit, who commended the Constable, and told the Justices (then sitting with him upon the Assizes) they ought to be Indicted of Perjurie.) If higher Justices transgress justice, is not their case the same? It is want of that worth therefore that becometh this Authoritie, and not a Writ sur­reptitiously obtained, or granted ex improviso, (which cannot determine Justice, although it may oppose it, while Justice in the interim may have the better opportunitie to deter­mine Injustice) sometimes maketh some Justice of Peace desist in the due execution of his Comission, and [Page 15]incur Perjurie, as aforesaid. For suppose a Catch-pol, or a Goaler be indicted, imprisoned, and arraigned for Extortion in a Session of Peace, and procureth a Certiorari, Habeas Corpus, or Corpus cum causa, to re­move himself, and his cause to one of either Benches, or a supersedeas to proceed any further therein, or in the Commission of the Peace at all; it is true, that those Courts, and o­thers, may grant such Writs, and o­thers, and too often do, upon meer suggestions of injustice done, or like to be done, or some partiallity shew­ed by some Justice of Peace, &c. to either parties; but (say the Statutes) 25. Ed. 3. cap. 4. Stat. 5. and 37. Ed. 3. cap. 18. and 38. Ed. 3. cap. 9. and 42. Ed. 3. cap. 3. and 17. Rich. 2. cap. 6. the sum of all which you may see in Rast. Abridgement [...]it. Accusation, fol. 5. Such suggesti­ons ought not to be received, but the Suggestours punished, and the Traduced righted; so that the grant­ers of such Writs ought to have good causes for the granting thereof pro­ [...]ed, before they grant them; or else they incur so many Perjuries, as [...]reaches of the said Laws, and there­upon [Page 16]ought to be Indicted, and judged by Justices of Peace of that limit wherein the offence is commit­ted, who ought not to desist in their proceedings for any such said Writs (as hath been formerly shewed) unless they commit wilfull Perjury in so o­beying, as the granters do in so granting, who ought not to grant a­ny such Writs, but for the causes set down for every writ in and by Fitz. N. B. and the Register, in their seve­ral titles, upon due proof made of those causes before their grants, (as aforesaid) and a causam significes ought to be sent to a Justice of Peace for himself to certifie why he obeyed not the Certiorari before any other proceeding (than a Plures) be had a­gainst him; whereupon, if he certi­fie any lawfull cause for him to pro­ceed, as that he knoweth, or findeth by due proof, the justice and merit of the cause depending before him, and that he is authorized and sworn, (as aforesaid) or findeth the Writ to differ from the Record; then what­soever power proceedeth against him, without proof of injustice done, or partiallity shewed by him in that cause, sheweth it self parti­al [Page 17]and unjust in so proceeding, and fit to be overpowered by the strength of the Countrey, if otherwise it will not. And whatsoever lawfull Com­mission such Injustice shall offer to supercede, Law and Justice warrant to be executed, any such Supersedeas notwithstanding, as the Statutes be­fore cited declare at large. There­fore let me proceed in the case sup­posed; An extorting Bayliff indict­ed, imprisoned and arraigned, pro­cures a Writ to remove or stay his cause; the Justices may and ought to proceed to judgement and execu­tion, and their certificate of the cause of their non admission of such Writs, ought to be a sufficient satis­faction to the Granters, for there­by the Offendour hath that justice he ought to have, by the hands of the said Justices, who onely ought to give it him, and are sworn and au­thorized so to do, (as aforesaid;) and the Granters who are sworn not to delay, or hinder it, have their law­full and timely prevention from so great a mischief, as (if they proceed further, or otherwise upon such Writs,) is no less than manifest In­justice, and wilfull Perjury, both in­quirable, [Page 18]and punishable by Justi­ces of Peace within their limits, by this Commission, and the Statutes be­fore mentioned; and the Statutes of 5. Eliz. 9. 14. Eliz. 11. 27. Eliz. 11. and 28. Eliz. 5. See Cro. I. P. fol. 17. and 116. And if indicted, the Justi­ces of the Peace before whom such indictments happen to be, have full power to issue their Writs, viz. ve­nire facias to the Sheriff of the Coun­ty, or Bayliff of the Liberty, which if he return with a habet, then distringas ad ins [...]nitum; if with a nihil habet, then a Capias, which if he return with a non est inventus, then an Exi­gent, and ut legat. to arrest and impri­son the indicted wheresoever found. And then a Habeas Corpus to bring him thence to his tryal where he was indicted, and the offence commit­ted. And then if any evidence be wanting to convict or attaint, a Certi­orari to fetch any Record, or the te­nor, which may conduce thereunto out of any Court whatsoever. And thereupon [...]n Alias, Plures, and At­tachement &c. So that it is not the supposed superiority of any Court, must hinder justice to be done by an Inferiour, but the justice it self, and [Page 19]the worthiness and publick concern­ment, and necessity thereof that pre­ferreth the Judge that is just, and of a competent jurisdiction in Law and reason, to do it before him that neglects it in his place whatsoever. As David before Saul, and the Keep­ers of the Liberty of England before the Destroyers of it. Howsoever it was otherwise conceived and practi­sed, when Privy Councellors, Judges of Star-chamber, &c. would permit none to be made, or continue their fellow Justices of the Peace, but such as wore their blue-coats upon S ^t. George his day, and became their servile fellow Perjurers all the year after, ready to do whatsoever they willed by Word, Writ, or Command whatsoever. But some suppose that in reason the Courts at Westminster, vulgarly called the Higher, have Prerogatives, and Priviledges above other Courts, whereby their Judges, and their proceedings ought not to be looked into by any Court of judi­cature, commonly accounted their Inferiour. This supposition is suffici­ently answered before, but I further ask, can any man be so mad, as to suppose that any Court of justice [Page 20]can or ought to have any preroga­tive, or priviledge to commit any Iniustice, or any Cessour, or Failer of justice in it self? or to cause any such defaults to be committed by a­ny other Court? and that the Supreme power of England consisting in the Free-people thereof, universally concerned therein, can want the Prerogative and priviledge to punish, or cause to be punished any such Court, and the Iudges thereof, though never so highly reputed, but themselves, and their creatures; and to cause the Laws and Statutes of England to be so construed, and practised, that there shall be no In­justice, Cessour, or Failer of justice used therein? Do not the Statutes of 2. Ed. 3. cap. 8. and 20. Ed. 3. cap. 1. Sufficiently warrant, and ab­solutely command that it shall be so? and is not the granting of such Writs without proof of Injustice commmit­ted, or partiallity shewed by the Iudge that hath the cause depend­ing before him, clearly Injustice, Cessour, and Failer of Iustice? and so fully implyed in and by the said Sta­tutes of 25 Ed. 3. cap. 4. 37. Ed. 3. cap. 18. 38. Ed. 3 cap. 9. &c.? [Page 21]And is it not wilfull Perjurie, by the Oath made for Iudges, 18. Ed. 3. Stat, 3? Do not such Writs so grant­ed, give colour of excuse to some Iustices to whom they are directed, (if they be no wiser than the grant­ers) to Perjure themselves for com­pany in committing Injustice by ces­sing, or deferring to do justice, con­trary to the said Statutes, and the duty of their office by their Commis­sion? Yea, but the Iudges of those higher Courts are more learned in the Laws, and therefore know how to do Iustice better, and sooner than others, (and this seemeth to be implied in the proviso specified in this Commission, advising the Iusti­ces of Peace in cases of difficulty to be advised by the Iudges &c.) and Attorneys and Bayliffs that attend them, ought to have more priviledge to be justified by them than others? Yea, but doth not experience tell us, that some of them are no more learned in Law, or otherwise, than o­ther long roabed tell-clocks; and that they advised King CHARLES who acted nothing without them in any of his Monopolies) to become as Perjurious as themselves, but not [Page 22]equal in cumpunction to that King and Judge that contrived the Clock and Jacks at Westminster (lately trans­formed from gowned Judges, to Souldier-like Halberteers) to mind them when it strikes, to measure their howers by their honesty, and that by their Oaths, &c. And that Indictments removed before them 20. years past, remain amongst their Records, and so are like to continue in a perpetual discontinuance? And do not Scriptures tell us, that God found it necessary that the sons of Eli should have other correctours than their father, and so must the Supreme power aforesaid, have other Chastisers of Attorneys, Bayliffs, and Goalers, than the Iudges at Westmin­ster: or else it is to be feared, that God himself, who is the Supremest of all Iudges, and Power, and even Justice itself, will proceed to judge­ment against this Nation, in this cause in suit already in his highest Consistory, where needs no Certiora­ri, nor can be Supersedeas admitted, but a Corpus cum causa most certain­ly granted, to bring every Prisoner to the Bar; where, whom he onely justifieth by his own onely righte­ousness, [Page 23]and mercy, he receiveth into his endless glory, and rewardeth according to their imputed merits, with a bountifull, beautifull, ever­lasting inheritance; whereof, let all such as sit upon transitory Tribunals, endeavour (by way of Justice done amongst us without cessation, fail, sale, delay or denial, but mixed with mercy, so that Peter may have time to hear the Cock crow) to be happy partakers: Or else roul Ju­stice, roul through the Laws Sub­version to thine own Confusion, with a garland of Delusion; and mercy be unto them that desire to practise it. AMEN.

THE NEW Returna Brevium OR The Law returned from WESMINSTER, &c.

DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diversitie of their opinions and self-ends premised therein; for the effecting whereof, they would have their severall Propositions disputed; some for Alterations, others [Page 2]for Additions, others for Sub­stractions; all for Corrections; but few or none knowing how to mend Magna Charta more than Magnificat; nor real­ly studying, but how to marre both. Observe how the worke directeth it selfe how it would be done: For as saith the Mir­rour of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordeined (viz by King Alphred long before Mag. Chart. or the Norman Conquest) that Right should be done from 15. dayes to 15. dayes, before the King and his Iudges: and from moneth to moneth in the Counties if their largeness re­quired not a longer time:) And that every three weeks, right should be administred in other Courts. And every free Te­nant [Page 3]had ordinary Iurisdiction, &c. And before pa. 1. The Sheriffs and Bayliffs caused the Free Tenants of their Baily­wicks to meet at the Counties and hundreds, at which Ju­stice was so done, that every one so judged his Neighbour, by such judgement as a man could not else where receive in the like cases, untill such time as the Customs of the Realme were put in writing, and cer­tainly established. And al­though a Free-man commonly was not to serve without his assent; neverthelesse it was as­sented unto, that free Te­nants should meet together in the Counties, Hundreds, and Lord's Courts (if they were not specially exempted to doe such Suits,) and there they judged [Page 4]their Neighbors. And againe pa. 8. It was ordained, That every Plantiffe have a remediall Writ from the King (who reserved all Pleas of the Crown, and above 40 s. to himselfe) to his Sheriffe, in this forme.

Questus est nobis, &c. viz. Com­plaineth to us A. that B. doth him such and such wrong, We therefore committing to thee our Turn in this behalf, command thee to hear and determine that cause. Their Jurors were Judges: And why do Judges now at Westminster (that can be no more absolute Judges by their Commissions, than Re­corders of Cities by their Charters, Sheriffs in Counties, and Stewards in liberties were by their Writs, at this time when Free English men under­stood their Laws then known [Page 5]and practised in English) usurp more than those Judges did, or those ought? viz. to bee more than onely pronouncers of the substance of Jurors verdicts as­well for Law as Fact; which pronunciation, is and ought to bee but as a Declaration of Kings assents to the due execu­tion of that Law, which they and their people agreed upon in the great Charter, and its confirmation; to let the people know by these Judges, that then were, and still are, and ought to bee called the Kings or the States, as authorised by their Writs and Commissions to pronounce their Masters con­sents for their parts to convict the partie guiltie as the Judges of the people (viz. the Jurors doe by their verdicts, which are [Page 6]or ought to bee their true say­ings both for Law and fact for the peopel's part and their own; which consents of Kings or States now called Judgements (because a full conviction of the guiltie of both parts) if de­nied or delayed after verdicts, to bee pronounced there accor­dingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an aliàs plur and Attachment ought to bee granted by the Chancery-States, as you shall find in Fitz. nat. br. fo. 143. to imprison them till they doe it, which is not usual­ly done by themselves in every cause in Court, but by the Pro­tonotarie of course entred up­on Record, unlesse respite bee required upon good cause shew­ed. [Page 7]And the execution which ever issueth in the name of King or State relateth to the Judgement, Conviction, which implyeth both the Judgements of King or States and people as aforesaid.

Would not therefore the common practice of the Lawes and their pleadings in English as at first they were bee more commodious and usefull to in­struct all understanding Eng­lishmen for their owne good to become experimentall suffici­ent Lawyers in their owne cau­ses, than the moderne custome of hotch-potch French and Latine imposed by Lawyers for their owne gaine to instruct few o­thers of their owne generation, to cheat the universalitie of the Nation of their rights and un­derstandings, [Page 8]and make them­selves and their Counsels most learned in others affairs?

And againe, That every one have a Remediall Writ from the Kings Chancery according to his plaint, without difficultie, and that every one have processe from the day of this plaint, without the Seale of Judge or par­tie. And again pa. 10. That af­ter a plaint of wrong be sued, that no other have Jurisdiction in the same Cause before the first plaint be determined, &c. And again [...] that all the King's Courts should be open to all plaints, by which the had originall Writs without delay [...] aswell against the King or the Queen, as against any other of the People, for every Injury, but [...] case of life, where the plaint hel [...] without Writ: Why al at Westmin­ster [Page] [Page] [Page 9]fit not between terms? And [...]ll elsewhere all the yeare long? [...]ertiorari's, Corpus cum causca, [...]ppersedeas, &c. issued thence, till [...]e Judges at Westminster can bee [...]ere at leisure to determine all [...]atters, which the multiplicitie [...]f rich mens causes so monopo­ [...]zed thither cannot afford the [...]ore to end theirs while they [...]ve commonly.

And againe page 11. That [...]l free Tenants shall bee obe­ [...]ent, and appeare at the sum­ [...]ons of the Lord of the Fee; And [...] a man caused another to bee [...]mmoned elsewhere than in [...]es of the Avowants, or oftner [...]an from Court to Court, [...]ey were not to obey such summons. Why then should [...]y Free-holder of the Coun­ [...] of Middlesex, or any libertie [Page 10]thereof (except Westminster, and St. Martins le grand London) ap­peare upon Summons at West­minster-Hall, which lately was the Fee of the Dean and Chap­ter of St. Peters, and now is at the States dispose, to whom they please.

And againe page 12. That the Lords of Fees might sum­mon their Tenants by the Award of their Peers to the Lord's Court, or the County, or the Hun­dred, at all times that they detein, or deny their services in deed or word; and there they shall be acquit­ted, or forfeit their allegiance and all their Tenancie with the appur­tenances, by the judgment of the Suitors. And per contra, the Lords doing wrong to their Tenants, shall forfeit their Fee to the Chiefe Lord, by the same judgement. Ob­serve [Page 11]the Free-men of every liber­tie then were, as still they ought to be, Judges of their Lords for their Fees, aswell as their other neighbours for their Tenancies, and to end their differences there within their proper Fees respe­ctively; and why not so still? And so let the chiefe Officers, Justices of Peace, and others of the Li­bertie of Westminster suffice for Judges for that precinct.

And page 13. That offendors guilty of death should not be suffe­red to remain among the guiltless. Why Convicts for felonies, &c. in Newgate, &c. amongst priso­soners for debt?

And that the Goods and Chattells of Usurers should Escheat to the Lord of the Fee. This law restored, would enrich the Common-wealth, purge it of [Page 12]many moths and Cankerworms, and teach men to live by their own labors, and not by others.

And pa. 14. That none should bee ordained Ministers above the member of Churches; and that the poor should be susteined by Parsons, Rectors, and Parishioners, so that none should die for want. How many die so daily now adai [...] within every parish and Parsons view? So much and more af­firmed by Master Horn to bee the Common unwritten Laws and Customes of England be­fore Magna Charta; the Lord Coke in his preamble to his In­stitutions upon it, saith, It is but a written Charter, or De­claration in writing of the an­tient laws of this Land, agreed upon by King and People to bee published, and preserved invio­lable [Page 13]on both parts for ever, and no new law made. Hereby further appeareth what hath been said of the agreement be­tween King and People, that none should be judged by the Kings Judges but by verdict of their Peers, called in this Charter due process of Law. In and by the 9th Chap. of which charter, it is declared, That the city of London shall have the old Liberties and customs which it hath used to have; Moreover we will, and grant, that all other cities, Bur­roughs, Towns, and the Ba­rons of the 5 Ports, and all o­ther Ports shall have their Li­berties, and free customs. Are not all these Liberties and customs grown obsolete, and daily over-ruled at Westminster? [Page 14]And in the first confirmation of the said Charter 25. Ed. 3. ca. 2. It is further declared, That all Justices, Sheriffs, Majors, and other Ministers having the Law to guide them, (viz. Mag. Chart. Forest. then writtten and publi­shed) shall allow the said Char­ter to be pleaded before them in Judgement: and cap. 2. That if any judgement shall be given henceforth contrarie to the points of the great Charter, it shall be undone: whereupon (saith the Lord Coke) the Laws of the Realm have the office to guide the Judges in all causes that come before them, in the wayes of right Justice, which never yet misguided any that certainly knew them, and truly followed them.

By these Collections of M [...] [Page 15] Horn before Magna Charta, and confessions of the Lord Coke since, sufficiently appeareth That the Laws (if published to the people as they ought) would be sufficient to guide them all, in all the right wayes of Justice. But the Justices at Westminster that would guide the Laws, as Popes Scriptures, by their own Interpretations, ha­ving purposely disguised them in Pedlers French, and barba­rous Latine, that few but themselves can construe; and forms so errorable as they can devise for themselves to mend when they list; which hapneth somtimes for the rich, but rare or never for the poor; and thereby denying, delaying, and [...]elling Justice at their own [...]ates; And their Frye, sitting [Page 16]in the house, are the subverters of the Laws, as their Prede­cessors alwayes were, and there­by the continuall causers of all the civil wars of Eng­land; and besides all that, (under colour of Justice) murtherers of more English men than all the Wars, Plagues, and Famine, which reigned in their times, destroy­ed without them: Witness their Statutes made and main­teined against Magna Charta, for their murthering of Deb­tors in Prisons, with tortures and famine, when their extor­tions and their Gaolers have left them no means to buy bread: And for the unlawfull divorcing, scattering, and starving of their Wives and children by the bargain, and [Page 17]robbing their Creditors of those means that should pay their Debts in part, or all; and for protecting of Cheators, that take their Prisons for Sanctuaries, to leave so much of other mens estates with the right owners curse and their heirs, to their posteritie, as their judges and Gaolers extortions and their own riot cannot consume in their own time; As also their last Acts formerly mentioned for release of Priso­ners, which intangle their bo­dies and souls more than be­fore; And many other Statutes to intricate the Laws with such contrarieties, as none but such as have the Genius of their makers can reconcile: which when it is done, tendeth wholly to make themselves [Page 18]great and rich, and the People their slaves and beggers.

For Remedy whereof, it is to be desired in the name and right of the publick, that the House would be pleased to be swept and clensed of such cobs, and cob-webs, and to vote and vomit out of the sanctified bow­ells of that sacred Senate those execrable excrements that poison their intrailes, and deliver them to publick Justice, which their ravenous lives, and extorted pos­sessions suffice not to satisfie; but may in Gods mercie appease his wrath, stay his Judgement, and expiate this Land of that wickedness which they have wrought among us, and accu­mulated upon us.

This done, The work fol­loweth, and teacheth it self [Page 19]how it would be done as afore­said; declaring it self that fru­strà fit per plura, quod fieri potest per pauciora: vain is the labour of many workmen, where few may serve the Turn with far less charge, and more conveniencie. And breifly, vain, expencefull and too burthensom to this common wealth are the seve­rall Courts hereafter mentio­ned, upstarted over us, one after another, since the first publish­ing of Magna Charta, as Here­sies sprung immediately after, if not with the first preaching of the Gospel: viz. Out of the Court lately called the Kings Bench, issued the Common-Pleas, and the Eschequer, which took their leave of it in Magna Charta, and left it to follow the King; and so I conceive it [Page 20]ought to do still, for that there is no use rightly to be made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Ma­gna Charta saith were wont to be determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Cor­porations, and countrey Jud­ges in Signiories, which had ju­ra Regalia; all which now, Ju­stices of Peace having more power in matters determinable by common Law, than Justi­ces in Eire had (if rid of the sovereigntie usurped over them by their fellow-Justices, their Certioraries, &c.) may ease of much labor. Moreover, the chief Justice of this Court ought to be but the Kings de­putie by writ; and no King in [Page 21]being, no such Deputy can be. Hugh de Burgo Earl of Kent, chief Justice under King Henry the third, took his oath with his Master, to observe and main­tein Magna Charta, and soon after persuading the King to break it, became the first Per­jurer of his place in that point; as the Lord Cook upon Art. sup. Chart. declareth at large. Since which time, the practice of this Court, being but to murther debtors over whom it hath no jurisdiction, and con­sequently perjurie and injurie to the Common-wealth; why may it not be spared as well as the King? While (as saith the Lord Coke afore-said) all Majors, &c. have the Law to guide them, and now Englished unto them, where then can be [Page 22]the defect of Justice, but in the Justices (as before) that will not execute them? since it is Law it self that the Laws are to be interpreted so, that there shall be no failer of Justice to the people. And few or no Laws besides Magna Charta, and it's confirmations, will serve to do that without those superfluous number of volums which Lawyers have contrived for their own Reports of Cases, and crafty disputes, arguments, and cavils pass'd among them; but to be used by such as have minde and leisure to reade them, as Divines may the Works of the wantonest Po­ets, to pick out their flowers for their Pulpits, and leave their scurrilities to others of their Autor's genius. Or as Interludes, [Page 23]in which all parts were not all bad, and though all prohibited to be publickly acted, yet may Terence be read in Schools.

And may not those Statutes that relate to the Justices of ei­ther Bench, &c. bee executed without them, aswel as those that relate to the Bishops, are without them? And this Court thus spared, will spare the Common-wealth in Fees and extortion above five hun­dred thousand pound per An­num, besides unknown bribes, and their known salarie of 4000. li. per Annum, as Sir John Lenthal and his 4000 prisoners or thereabouts, between Thule and Callicute; and Mr. Henly with his hoste of Scribes, whose Van is at Michael's mount, and Rear at Barwick, (if convented, [Page 24]and compell'd to confess truth) can declare at large.

The Chancerie was no Court of judicature, nor personated by a Lawyer, but commonly by a Monk, or Bishop, (as wee have seen lately in England and Ireland) whose office was to follow the King with the Seal, and to seal Writs gratis at the kings cost, as the Lord Coke affirmeth, and Rast. fol. 65. citeth the Statute of Art. super chart. and sheweth that the breaches of those Articles were the first thing given to the power of the Chancellor to judge of (who being likely a Bishop, had charge as a Bishop by virtue thereof, to excommu­nicate the breakers thereof:) In the 36 ^th year of the reign of king Edward first, cap. 4 ^to from [Page 25]which little fountain sprung that Nilus that ever since over­floweth all England, not onely once every seven years, but seven times at least in every year. The Chancery (a Court of Conscience forsooth) raised up­on pretence of equitie, and re­lief to such as complained of oppressions against the breakers of this Statute, which was the first confirmation of Magna Charta; and no sooner thus rai­sed, but it despised both its rai­ser, and the cause, extolled it self, and over-topped all the Courts of England; difusing to grant the antient Commissions in Eire to whom their Coun­ties chose; and of Oyer and Terminer to any that had oc­casion to use them, as lawfull was according to Fitz Herbert [Page 26]Nat. brev. fo. 112. and Cromp. sep. fol. 51. and all Writs to any without excessive Fees, and extortion, contrarie to all Laws, the Oath of a Judge, and the practice of the office it self, as it was formerly gratis: and neglecting to send Magn. Char. to every Sheriff yearly, to be read four times in full Counties, and to every Church to be read twice yearly: And the writ set down by the Lord Coke to bee issuable to all Sheriffs to apprehend all sub­verters of the Law, and to com­mit them to the common Gaol; which I confess is politickly forborn, lest Chancellors and the rest of their brother Jud­ges should bee taken for the chiefest delinquents in that kinde, and carried from West­minster [Page 27]to Newgate as (I dare swear) they have often deserv'd: But when I consider how ready their supersedeas's are to She­riffs, Justices of Peace, &c. when they please and their Injunctions to stay Suits at common Law, (most proper to be determined there) and the disregard they make of the late Statute of 15 ^to Hen. 6. 4 ^to which forbiddeth them such matters, I confess no need they have to fear She­riffs to displease them; but mar­veil how they can be so uncha­ritable, as to separate mercie which they call equitie, from Justice, being that as Justice without equity is merciless rigor, so Equity without Justice (if any such could be) would be an unjust iniquity, and both these (notwithstanding they would [Page 28]seem to divide Equity from justice) are found individuals in Chancerie, as Equitie and justice were in Courts of com­mon Law, before Chancerie was; and so ought to be still, as Mercie and justice ever were and will bee in the individuall trinumine chief Iustice of heaven and earth, whose mercy is a­bove all his works; but Chan­cellor's works are commonly a­bove all mercy, when they can finde no time, nor means to end any Cause, till both parties finde the end of their money, and their time lost to gain Lord­ships to Chancellors and their Heirs; for who saw a Lord Chancellor but had a Lord Ba­ron at least to his heir, except Sir Francis Bacon? and who saw a gainer to himself, or his heir [Page 29]by a Suit in Chancerie, except it might be John Johns the cunning Merchant, or one that had less right to land then Kee­per Coventrie could think fit to purchase in his man's name, and yet gained a precious decree a­gainst the right owner? Where­fore this two-door'd or double-leav'd Court of Chancerie and Rolls, being most perni­cious to this Common-wealth, which it generally beggereth to enrich it self by encroaching up­on all mens liberties, and draw­ing all those matters to West­minster which might be decided at home, with far more speed, justice, equity, and conveniency; and less charge, pains and at­tendance to both parties, where they are best known, or to be [Page 30]known in their own Court. Let this Court be spared, with the other, and the Common­wealth will be further spared of the treble charge of the for­mer yearly, as the Warden of the Fleet and his prisoners, (as numerous as the Kings Bench men) and the numberless Arma­do of Chancerie caterpillars can sufficiently witness, if they please: whereof one thousand pounds per annum would be a competent salarie for a Keeper of the Seal, and fiftie pounds per annum for his man to attend it: And another thousand pounds per annum to ten Clerks to do the office of six, (antient­ly blew bonnets, two thousand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodg­ing, [Page 31]and a fit office to write all necessarie Writs for all the Com­mon-wealth. And the Clerk ships of the Crown and Hanaper may be united in one person, (as in Ireland they were in Mr. Edg­worth, and since in Mr. Carleton) who may be thought worthie of five hundred pound per annum, and all accommodation for his office, without any fees; and fortie pound per annum a piece for three under Clerks to assist him to dispatch all businesses belonging to either of the said offices, without fees like­wise.

The Court of Common pleas at Westminster would be aswel spared as any, for that all Common-pleas are common to all Courts in Cities, and Coun­ties, and ought to be tried [Page 32]there, (as the Lord Coke upon Magna Charta on the County Court confesseth) which spa­ring, would spare the Common wealth per annum no less than the greatest of the former two.

The Court of Exchequor re­duced to it's proper jurisdicti­on, officers, and fees, concern­ing the publick Revenues, may be continued for that service onely, and suffice to maintein the Warden of the Fleet, and some of his men, to walk be­tween the Fleet and the Court, to guard Chequer-Accomptants to their Quietus, and this would spare the Kingdom another Ten thousand pound per annum, as the wardens of the Fleet the two Remembrancers, and Mr Long can tell.

[Page 33]Courts and Justices of As­sizes, Nisi prius and Gaole-deliveries, are as necessarie for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs bite their shins for their intrusions: or as droans are to Bee-hives, whence the Bees have good cause to chace them, for devouring their honey. For all matters of Assizes and Nisi prius belong to countie courts, Hundred-courts, courts Baron, and Corpora­tion courts (as the Lord Coke confesseth as aforesaid) and Cromp. affirmeth in his juris­diction of Courts, fo. 240.) and matters of Gaole deliverie belong to Sheriffs turns, Leets and Sessions of the peace, as the said Autors affirm, and [Page 34]the commissions of the peace and charters of corporations can prove and warrant. Wherefore those three courts spared (as well they may and ought) the com­monwealth will be further spa­red of two annual Visitations of severall swarms of Westminster locusts, the charge whereof I refer to the consideration of them that bear it, and usually pay it.

The court of the Marshalsey raised to that exorbitancie that King James and King Charles did, may and ought to follow their fortunes, and their housholds; and more I shall not say of it, but that it is full of extortion and injustice, being never owned by Law beyond the verge, and that being va­nished with the Kings person, [Page 35]so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more then I can calculate; but Mr. Say an honourable Member of the House may advertise the rest thereof, with the advice of Mr. Serjeant Green, and others late Judges and officers of that Court.

The sparing of all these courts, and the charge thereof amounting to, if not sur­mounting three millions per annum, and the confirmation of Mag. Cart. and the Petition of Right, once more by this Par­liament, would also spare to the commonwealth, and its better service, the lives and imployments of many thou­sands of able men wrongfully [Page 36]imprisoned for debt, and con­vert the lives and imployments of many thousands of Attornies, Sollicitors, Gaolers, Catch­pols, Decoyes, Setters, &c. To better uses both for their souls and bodies, and for the pub­lick benefit. Then Sheriffes Turns, Hundred Courts, Leets, Court Baron, Sessions of peace, and Corporation-Courts, re­stored to their ancient and right jurisdiction, which fall to them of themselves, which when those aforesaid are taken away, would be all sufficient, and onely necessary to hear and determine all the causes of England, reserving Appeals to such as shall have cause, to Parliament or Commissioners of Oyer and Terminer to be assigned, as Fitz H. and Cromp. affirm anciently lawfull, and [Page 37]usual, proof being made first of the partialitie, or injustice of the proper Court, and no bare accusation, allegation, or pre­sumption to serve for the issu­ing of such Commissions as now is used. Except causes pro­per for Coroners, Escheators, Pipe powder Courts, & Clerks of the Market; of whose misde­meanors, Justices of Peace have power to hear and determine but not to hinder in due execution of their Offices, which are all necessary in their kinds in eve­ry County, and specially Co­roners and clerks of the Mar­ket, the first for discovering of murthers, &c. whereof God re­quireth an exact account, (as Scriptures and Reynolds Histo­ry sufficiently witness. (And the other for the punishing of [Page 38]frauds in weights and measures, which Solomon saith are abo­minations to God; yet nothing more common amongst us, the more fearfull his judgements upon us without timely repen­tance and future amendment. And for the superintending of the defaults of those that have power to correct such offences, and do not.

All these Courts Officers and Offices that are thus necessary will be no more chargable to the Common-wealth hereaf­ter, than alwaies they have been heretofore, but as usefull now as ever; and more profitable to the Common-wealth now, than ever before, because that in this time of Reformation, these Officers, as others, being cho­sen of approved persons for [Page 39]their Integritie, will endeavour (like their Superiours) the amendment of all offences, which they have power to chastize; whereas their Prede­cessors (imitating their Supe­riors) to their own ruin, in­tended their own private gain by publick transgressions, and to that end increased iniquities in themselvs and others.

If any offer to plead, or ob­ject the customs and usages modernly observed time out of minde, against this reducement, and restauration of the Law, and its practice, to their anti­ent usages; I answer, Mala Consuetudo non est observanda: An evil custom is not to be con­tinued; and Customs against Law are unlawfull to be used: And to what end is Reforma­tion, [Page 40]but to take away such cu­stoms? And Statutes lately made to support them by those that raised and used them, for their own gain and others dam­mage? contrarie to all the Laws of God and Man, and especially of Magna Charta, and its confirmations, wherein ap­pear the right and Primitive customs and usage of this land, agreeable to them, claiming therefore to be restored, as in Justice they ought, and the o­ther to be abolished, as like­wise they ought.

And being come to speak of antient customs to be resto­red, and modern to be abolish­ed, I cannot chuse but remem­ber the Poor, (as most men do) in the last place: for it was a custom as antient as Christi­anitie, [Page 41]for Christians to give lands, moneys, and goods in a large measure to relieve the poor, till Monks, Friers, and other Abbey-lubbers (as unsa­tiable, as idle) dulled mens cha­rities with their continuall beggings in the name of the poor, and grew sacrilegious, robb'd spittles, made that which was common to the poor, as well as themselves, proper to themselves, and gave out of that which was none of their own, for assistance to counte­nance that Sacrilege, the first Fruits, Tenths &c. to the Pope, who had as much right there­unto by their gift, as the De­vil; and consequently King Henry the eighth as much as the Pope, and his successours (whe­ther Kings or States) as much [Page 42]as he. Whosoever conceive's I write too boldly, or speak too plainly herein, let him read (not onely Histories forraign and domestick, but) the Re­cords and Statutes, extant and in force amongst us, videlicet, That of Carlile de Asportatis Re­ligiosorum 35 ^to. Ed. 1. And that de terris Templariorum 17 ^o. E. 2 And those of the dissolutions of Hen. the 8 ^th. between which first and last he may finde many more to inform his conscience, so that his heart may think, his tongue speak, and pen write much more than I do in this matter. All that I desire is, that the poor may be looked upon, if not with an eie of pitie, yet with an eie of wisdom, taking notice that if the wedge of A­chan be not enquired for, dis­covered, [Page 43]and recovered, the Na­tion may rue it: And that Popes, Kings, Bishops, &c. that cared not how lean they made the poor, while they might make themselves fat with their provisions, and those that ex­spected their reversions, have cause by this time to be sensible of their Sacriledge.

And that therefore the Spi­rit of Reformation would be manifested in the works of Charitie; and if such as have griped the patrimony of the Church into their claws, can finde in their hearts to restore to the poor no part of that in­terest which all the said Statutes and manie more, and all the writings of the Fathers, and many of our own modern Bi­shops (who unjustly detained [Page 44]all they could from them) a­bundantly confess and testifie they ought to have in all Ec­clesiasticall possessions, not as the Alms of the Incumbents, but as their own rights by the express wills and donations of the Primitive Founders of Churches, Hospitals, &c. and other devout Donors, and Be­nefactors to such places from time to time so excessively bountifull to the Clergie and Corporations for the poors sake, that the Statutes of Mort­main were made to restrain them.

All which notwithstanding the Clergie possessed no less than a third part of England and France (as Sir Walter Rawleigh and Sir Nathaneel Brent have written) but not to [Page 45]their own uses (as they wick­edly converted it) but as Ad­ministrators to and for the poor, as the same Autors, all the Fathers, and Littletons Te­nures de frank Almonie, and Te­nant in common, sufficiently witness. Yet may the Parlia­ment be pleased that Commis­sions for charitable uses be granted to discreet persons throughout England and Wales, not without Fees, wages, and accommodations for them­selves and their Officers, com­petent for their attendance in that service, and loss of time in their own affairs, being Charitie beginneth at home, and no man can or ought to neglect his own charge to fol­low others profit gratis, which maketh the Commission now [Page 46]in London and elswhere ill ex­ecuted, as the distressed of Ire­land by wofull experience can lamentably verifie. Nor let the number for a Court exceed 3, for the ease of the charge, which must be either charitably al­lowed and paid by the State, or deducted (s the late Lord Privie Seal in the book of or­der approved by the Councell Table 6 ^to. Car. and the Addi­tional Act for the Sabbath, &c. declare to be lawfull for pro­secutors) out of the poor's right. Nor let such Commis­sions be limitted by the Sta­tute of 43. Eliz. 4. as now it is, which Statute appeareth by its exceptions and jurisdictions reserved to Bishops and Chan­cellors to be a Prelatical Chan­cerized confederacie to de­lude [Page 47]and defraud the poor at their pleasures; witness the heaps of lost labored decrees made thereupon, remaining unexecuted in the Petty-bag Office. And Philip Thomas his experiment in the carriage of many thereof in Abbots, Lauds, Coventries and Littletons reigns; which he may declare the freer since the death of those Lions. Nor let the Clerk of the Crown for such dam­nable Fees, and extortion of 50. s. or more, as is now used for a Commission for every County, be allowed, but as it is used for Commissions of the peace, which if done gratis, would be more charitably done for the poor, than for Justices; and he may shorten his labor by making one Commission [Page 48]for severall Counties for cha­ritable uses, which he may not do for the peace for divers rea­sons. Nor let such Commissio­ners want power in their Commission to put their Or­ders Judgements, and Decrees in execution (as all other Oyers and Terminers have) without relation to any other Court than Parliament for any alteration whatsoever. Nor power to punish vagrants, &c. and set such as are able, to work.

This granted, the poor of England, which to the shame thereof, beyond all other Countries Christian or Heathen daily perish in streets, fields and ditches, defrauded of larger provisions made for them by Laws and Legacies, than any [Page 49]other Nation can parralel, and deluded like Tantalus for his ap­ple may by this means be inabled to catch into their empty, vain, gaping, begging mouths, and hungrie panches, some crums of some Alms-houses, to pro­long their daies, to direct their prayers for their benefactors, to ascend like sweet incense to the Lord, in stead of the unsavou­riness of their putrified mem­bers, to annoy their oppressors and offend others; And such as are able to work, may be im­ploied for benefit to themselves and others, and so the streets and fields be cleared of those loathsom sights and importu­nate clamors which Forrainers admire, and Domesticks abhor, yet neither help: All which I humbly submit to all hono­rable, [Page 50]charitable, and religious considerations, which God guide for his own Glory, and their own good. Amen.

JURORS JUDGES OF Law and Fact:

HAving casually met with and perused your printed paper, styled, A Letter of due Censure and Redargution to Lieute­nant Collonel John Lilburne, touching his Triall at Guild-Hall [Page 2]London: in October last 1649. I could not chuse but take hold of your first Lines, wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we finde it. And thereupon I must tell you, that whatsoe­ver you finde in Mr. Lilburne, I can finde in you no less then sin against God, whose name you abominably abuse, to re­prove truth, and call good e­vill, and evill good: against Mr. Lilburne, whom you make but your Instrument to play upon, while you wound others through his sides, yea, even those most, whom you flatter most: Against the true and Ordinarie Judges of the Land, the Jurors, whose ver­dict is the effectual Judgement [Page 3]whereby all men are judged by their Peers, aswell for their Lives as Lands, without which Judgement, the Law of England cannot be Lawful­lie executed: And generally a­gainst all the Free People of this Common-wealth, whom you endeavour to blinde and enslave by your sophistrie unto usurped Authorities, per­swading (as much as in you lyeth) all your Countrie-men to submit, and give away their Lives, their birthrights, Liberties, and Freedoms (for the preservation whereof all their just Laws, and Civill Wars, and especially this last, were made) to the in­satiable Tyrannie of their incroaching Impostors, as shall appear following, viz. Page [Page 4]3 ^d, of your Letter (or rather Libell) in the second head of those things for which you say Mr. Lilburne is liable to re­proof, you tell him he laid hold of divers shifting Cavills, and shufling exceptions in Law, which were onely fit to wast time, and procure trou­ble to the Court; Sir! if Law alloweth Exceptions, called delatories, and lawfull Traverses as well in Pleas for Land as for Life; as you may finde it doth and ought in Mr. Hornes Book called the Mir­ror of Justice, written by him in French in Edward the First his time, as you may observe in the Margent of the 6 ^th page thereof, and excellently trans­lated into English lately by William Heughes Esquire, [Page 5]a discreet and learned Lawyer living in Grayes Inn, of which kinde of Exceptions, some be Pleas for Actions and Ap­peales, the Presidents where­of are briefly and diversly, ac­cording to the diversity of their causes, natures, and uses, demonstrated unto you in the said Book, from p. 129. to p. 143. and thence to 146. are Exceptions, or Pleas to In­dictments; the summary rea­son of all which is not as you call it, to waste time, and to procure trouble to Courts, but to bestow time as it can be no better bestowed (especial­ly in Cases of life) then to search out the truth of every Cause, that mens lives be not rashly lost, which cannot be recovered if condemned and [Page 6]executed, how be it, wrongfully, or carelesly: so, that to be care­full, circumspect, and well ad­vised in a Court is not to trou­ble it, for it is its duty to be exercised as it is significantlie derived à Curando; that is, a Court of Care, or Cure, Indifferentlie either, or rather both, as it is Ordained Care to be troubled to hear and determine the Cares and trou­bles of all men within its verge, for Controversies of Law, (that vex & trouble an whole hundred of Friends and neigh­bours to see but two of them undoe themselves in suits at Law, or kill one another) with Care to examin them tru­ly, and to Judge them justly; And likewise to cure the Mal­ladie of the Consciences, or at [Page 7]least the intemperance of the Litigious spirits of Plaintiffs and Defendants, by ending their differences (as may be most available for their Peace, and the Common-wealth. And as it is the duty of a Court to be troubled to end troubles, so saith Mr. Horne p. 58. not to accuse any for matters of Crime and Life, though a known offender, learning of Christ in the Case of Magda­len: Nor to countenance Bloody Accusers, but to mol­ [...]fie their Rigour, as Christ did in the same Case; for Judges that represent God, and should imitate his mercy as well as his Justice, ought not to desire the death of a sin­ner, but rather that he may return from his wickedness, [Page 8]and live; and Conveniens ho­mini est hominem servare vo­luptas: Et meliùs nullâ quae­ritur Arte favor. Nothing more Convenient for Man, or acceptable to God, then to save Penitents, whom he came not to destroy, but to call to Repentance: Nor is it the part of a Judge (as in p. 66. of my said Author) to con­demn one for the same, or the like offence, as the Judge knoweth himself guilty of. And therefore Exceptions are law­full, to the Power of a Judge, as in p. 133. to his person; as in p. 135. and to his condi­tion, as in p. 59. And those that are granted to be lawfull to be propounded against his Power p. 133. are the same in substance, which you say Mr. [Page 9] Lilburne made use of, & yet call them shifting cavills, & shufling exceptions, & reprove him for using them in defence of his life. I pray compare them toge­ther, & then consider what and whom you reprove; & you can not chuse but finde that for the matter, it is not a shifting cavil, or shufling exception, but the so­lid fundamentall Law of Eng­land, affirmed by all men that truly understand it, to be most Consentaneous of all Laws, to the Law of God; And for the Persons, it is not onely Mr. Lil­burne that desired thereby to preserve or prolong his life, but all the sage makers, & religious observers thereof, whereby you perswade all your Countrimen present & future, to disesteem such exceptions (even to save [Page 10]their lives) and consequently to cast themselves away upon the wils, and hast of Commissa­rie Judges, who may be the onely, or chief Accusers, or Adversaries the Party questi­oned for his life can have; which for any such Partie to do, were to be more then mad, and even the Author of his own death, and of Gods Wrath upon his soul, which if he so wilfullie lose, what is it to him to gain a world in lieu thereof? And why do you (more falsly then Caiphas that told one truth in his life unknown to himself) offer to perswade us to becom wil­ling to sacrifice our selves one after another, to the lying bloody constructions of that Generall, and true Position [Page 11] Salus Populi, &c. The Health of the Nation; is the chiefest Law; which you vaunt to be the empress of all your Maxims, whilst you construe it to the destruction of the Nation (as they are very sensible thereof,) and make it onely healthie to rotten Commissarie Judg­es, and corrupt Lawyers, whom you make the sole Judges thereof; for what Christian can bee so sensless as to believ, or conceiv, that the sacrificing of any one man in that manner onely, for the suspition (perhaps of no more then the Judge that findes himself most guilty of the Cause) as of b [...]ing more able then another to raise or cause War against us; can avail us: For Sir! God delighteth not [Page 12]in bloody and dead sacrifices, but in our humble, penitent, and lively Prayers, who are, or ought to be his living sacri­fices; And he that is as well the Lord of Hosts, as the God of Peace, is our loving Father, and he will heare us when we call upon him in his Sons Name, and open his gate of mercie unto us when we knock as we ought, and whatsoever good we ask him in that name, he will not onely give it us, but moreover strengthen us as he did Jacob, to wrastle with himself, and to overcom his Anger, which an Heathen could understand and say: Flectitur iratus voce rogante Deus: Gods Anger stoopeth to his Childrens Prayers: And none but he can raise any warr [Page 13]against them; nor will he fur­ther then their sins deserve his punishment; and so farr; Is there any evill in Israel, but it is he that doth it? What do you therefore but shew your self diffident of his merci­full omnipotence, and rob him of his Glory, when you attribute his power to man, to make War or Peace, and make your self wiser then he, when you think to prevent his will by your policie? and stronger then he, if you could destroy whom he would save? And therefore (saith Me­lancton) Men are but fooles Vincula cùm tendunt imposu­isse Jovi: when they suppose they can Chain the Dietie. And who can but see, that if it be granted you, that every [Page 14]free man of England, whom you, or a Commissarie Judge, or a­ny other, as bad, shall suspect, or be pleased to accuse for su­spition, of what you think good to invent, you may ac­cuse whom you will, and hang whom you list, and leave none to live, but at Lawyers discretion, whilst the truth is, that so farr as any one man or more of any kind of men, whatsoever, can be called or accounted raisers or causers of War in England, the Lord Cook, Mr. Horne, and other found Lawyers tell you they ever were, and will be corrupt and mercenarie Lawyers, that sell, delaie, and denie Ju­stice, and the benefit of the great Charter of England to the People thereof; the due [Page 15]punishment of whom, & of all Sycophants that sooth them up in their Errors, would be Salus Populi; for they are a considerable Army that have over-powred us these 500. years, Hyperprelaticall Spi­rits; Domineering Nimrods; Undermining Pioners, (so that what was said of Rome since the Popish Prelacy ru­led it, may be said of England since Lawyers overswayed it, viz. Servierant tibi Anglia priùs domini dominorum, ser­vis servorum nunc miseranda subes. O thou that wert the Lady of Lords, art the Slave of Slaves.) And a subtle and viperous generation that add Policie to their Power, to gnaw their Mothers bowels, and use to make dissentions [Page 16]and Factions between even their own Brethren, to make work for themselvs to recon­cile them, or most commonly by the strength of the weakest, to destroy the strongest, till they be able to Master both, and by right seldom, and wrong constantly, to make and keep themselves rich, who­soever be poor, to accuse and condemn all their superi­ors for tyrannie, to make way for themselves to be the onely superviving supreme Tyrants, and compleat Dio­nysians. The onely Monopo­lizers of Law, to sell, delay, and denie Justice to the Free Men of England their Slaves, at their wills and pleasures in their Congregational Ex­change Westminster Hall. And [Page 17]whereas you say those shifting cavils & shufling exceptions w ^ch Mr. Lilburne made use of, to waste time, and procure trou­ble to the Court, were far from making any defence for him: I pray you what defence could he desire thereby but to save his life? And was not that done by the Verdict of a Jury, that heard what he said for himself, received all the E­vidences that were given a­gainst him, and were Char­ged and sworn to give their Verdict according to their E­vidence: was not that Ver­dict confirmed and ratified by the right Honorable the Councell of State, by the as­sent of the most Honorable and Supreme Court of Parlia­ment? without which ei­ther [Page 18]by an implicit generall Warrant, or a speciall Ex­press: no man can be so mad as to think they would inlarge him? was not this as Full and fair a Triall as Mr. Lilburne could wish, or any man (Questioned for Treason) had these 100. years, or since Juries, (that understood Law no better then you) were con­tent to be bafled by Commis­sarie Judges, and give what Verdict they pleased, as well for mens lives as their lands: did not his Exceptions and pleadings (whatever you call them) come near enough (how ever the Court liked them) to make him a suffici­ent defence in that mater? doth it not follow, that by your said saying, you make [Page 19]your self a naked lyar? and can so apparent a lyar be a Creditable reprover of sin? the Devill he can as soon: doth it not further follow, that Mr. Lilburne hath his Action of the Case against you, for questioning him for the same offence that he is acquit­ted of by so due a Course of Law? Doth it not moreo­ver follow, that by traducing that Verdict and acquittall, you consequentlie traduce, not onely the Jurie, but also the Councell of State, and the Parliament that Confirmed the same as aforesaid? And are not you therefore lyable, not onely to the severall Acti­ons of everie Juror, but also of Scandalum magnatum? But what need you care, you [Page 20]are too cunning for them all, in Concealing your name at large from them whom you slander at large, and send your Book to them with a sine me Liber ibis in urbem; so that they know not when, where, or how to finde you out by that uncertain notion, or mark of H. P. Which for any thing I know, may fignify some Soap­stuff, as well as any mans name; but take heed least John smell you out, and con­temperate you in his Com­pounds for some simple corra­sive ingredient which he useth (not to any intent of malice, but to eat off som of your proud flesh, and not to de­stroy any sound part in you, as you say in the title of your Book you use your reproof to [Page 21]him) to make a speciall kind of soap to wash the brains of such Orators as perswade men to becom such fools, as to make no use of Lawfull exceptions against their Jud­ges (especially Commissaries) to save their lives: and the tongues of such Sycophants as under pretence of reproving the meanest, and weakest sort of sinners; approve, and improve the greatest and strongest kinde of Murtherers, Traytors, Perjurers, &c. viz. Commissary Judges in gene­rall, in their practise at large. But more to the matter, where you say in your 5 ^th head, in the same 3 ^d page of your Li­bell: The 5 ^th thing you say deserveth a keen reproof of all honest men, was Mr. Lil­burnes [Page 22]assayling the sinceri­tie of his Jury: and page 21. you say he promoted his 12. men, &c. and caused them to imploy their new given Juris­diction, onely to the advan­tage of the giver. Truly Sir! I must confess, that if Mr. Lilburne assailed the sinceritie of his Jury, he was to blame: but I cannot find by any thing you prove, that he did so, for the Clamor of the People (who were not his disciples as you belie them and him too) were not in his power to stop, more then in yours, or mine, had we been there; for if they would not obey the Crier of the Court, they would not have obeyed us more then him, who desired (as he need­ed) rather to be heard, then [Page 23]disturbed, and distracted with Clamors. And for his blan­dishments to his Jurie, good Language became him to give, and them to receiv, but not such adulations as you give all Commissary Judges: And to use all the lawfull means he could to inform them, and all his Auditors that knew him not, nor his innocence in that Cause, and merit in others; and thereby to prolong his life in the Land which the Lord his God hath given him, and to keep himself a living sacrifice to, and for his God, untill it please his Dietie to call him to his mercy by the Ordi­narie way of common death, or to inspire him to fight again in his Masters Battell and Countries service: whereby [Page 24]he may dye an extraordinary death, more to his Masters glory, and his own honor, then by casting away his life (to becom a dead sacrifice to the malice of men, whether Commissary Judges, such as you plead for; or other flat­tering Sycophants, such as you make your self) I con­ceiv to be no fault in Mr. Lil­burne. In the next place, where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction; I am sure, that is another Lie of yours, for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Car­ta: That County Courts, Court Barons, Sheriffs-Tur­nies, and Leets, were in use before King Alphreds time; [Page 25]In all which Courts the Jurors were the Judges, & their then untraversable Verdicts were the Judgments in all Causes: And Sheriffs and Stewards, who were the Kings Commis­sary Judges in their Turnies, and Leets, as now they are the States, were, and still are but the suitors Clerks in Counties, Hundreds and Court Barons, to enter their Judgments, and do executi­on thereupon by themselvs and their Bayliffs, as pub­lique servants, or Ministers of common Justice to their Ju­rors, and the rest of the Com­mon Wealth: See Mr. Kitch­en Fo. 43. yet were they as ab­solute Commissary Judges by vertue of their Writs, when they have them for matters a­bove [Page 26]4 s. as the Judges at Westminster ever were, or can be by their Commissions: And all Common Pleas be­tween Party and Party (and the King, Queen, and Prince were accounted but Parties as other Plaintiffs and defen­dants in such Pleas) were hol­den in the County Court from Month to Month, un­till for the ease of the People, especially husband-men to fol­low their business; The King with their assents divided the view of Frank pledg from the Sheriff who by all the Peoples assent in Parliament 9. Ed. 2 [...] was to be thence forth assigned by the Chancellor, the Kings Commissiary Judge in his Turnies, (called before the Kings own Turnies) to see [Page 27]Justice done from County to County; And all the free pledges of every County toge­ther, once every 7. years, which is since to be done by Sheriffs twice yearly) and gave them to Lords of Man­nors, so, that their Tenants and Resiants should have the same Justice in their Leets and Court Barons, as they had in the Sheriffs turnies and County Courts at their own doors without any charge, or loss of time? And for the same reason (saith the Lord Cook in the same place) Hun­dreds were divided from Sheriffs, viz. that none should be troubled further, or out of their Lords Court at all, at which Courts (saith Mr. Horn p. 7.) Justice was so done, [Page 28]that every one so judged his neighbor by such Judgment as none could elswhere receiv in the like cases, untill such time as the Customs of the Realm were put in writing. And as the County Courts, Hundred Courts, and Court Barons were of one Juris­diction, so were Turnies, and Leets, and so all of them are, and ought to be still; therefore you must consider that there be three sorts of Jurisdictions, viz. Soveraign; assigned, and ordinary: of these you may read in the Mirror? p. 7. in these words, viz. It was assented unto, that these things following should be­long to Kings, and the right of the Crowne, viz. Soveraign Jurisdiction, &c. which is [Page 29]now fixed in the Keepers of the Liberties of England, by vertue whereof among other things all Writs, Commissions, warrants, Commitments, & Li­berates or discharges run in their names as they did in the Kings, so that none are Im­prisonable, or dischargable, but in their names; consider therefore again that this assent was the Peoples, whereby Kings, (who before, and without this assent, were not Kings, but ordinary men, that could have but ordinary Ju­risdiction as others) had So­veraign Jurisdiction, as now the Keepers of the Liberties of England have by the Authori­tie of Parliament, which is the Representative of the People, given them by the People [Page 30]with a reservation of their or­dinary Iurisdiction, viz. re­served in, by, and unto them in King Edward 1 his time, and ever before and since; by reason also of which soveraign and Royall Jurisdiction, as you may further read Mir­ror, p. 287. Kings were called and counted (as now the Keepers of the Liberties of England ought to be) foun­tains of Justice, and ordained because they could not be al­waies every where themselvs, as Moses did by Jethro's Councell, Institute Captains over hundreds, Fifties, &c. and now the Keepers of the Liberties of England do, and must ordain Commissary Judges, viz. Commissioners or Judges, by their Com­missions [Page 31]or Writs to supply their presence, and do their office in their stead, which in Courts, is but to give their assents to the verdicts, which are the judgments of Free­men upon their Peers, where­by those Judgments being so compleated, the executions thereof did do, and must run in the name of the Soveraign Jurisdiction of the State; And so Iustice may be administred in all places, in their perso­nall absence, who are to be accounted present in their Commissaries, who no more then their Masters can be counted Iudges of the people, because parties against them, and so made and named in, and by all Indictments, Writs, &c. as aforesaid. Observe [Page 32]again, that Commissary Iudg­es, being ordained by their Masters to do Iustice; if they fail of so doing by their par­tiallitie, wilfullness, or any other consideration, as Pilat (who was Caesars Commissa­ry) and others did (whom you aptly compare to som of them) then they have no jurisdiction, or ordination at all, so that they may be disgracefully, and that lawfully pulled, and thrown out of their abused places: but in civilitie and re­spect of their Masters may be better forborn, and referred to their Censures. And what is dissenting, or not assenting to Iurors verdicts, but a de­nyal, which is more then a failer of Iustice, for the speed­ing whereof they must have [Page 33]no negative voice: for ordi­narie Iurisdiction that was the supreme i [...] that gave the Sove­raign (which is superior to e­very singular person) to Kings, (as now to the Keepers of the Liberties of England) is still the superlative Iurisdiction beyond all comparison, that can be inferior to no authori­tie, but Gods, that gave it to his people, to his Children, not to be given by them, to any above them in their gene­ralitie, but himself, from whom they have received, and to whom they must re­store themsevs and all that is theirs, but to be contrived, and substitued by them unto the worthiest men amongst them, to be imployed for and under them, as they might [Page 34]finde most convenient for their worldly peace and subordi­nate government; to which end they deputed Kings, as now the Parliament hath don Keepers of the Liberties of England, reserving so much of their ancient ordinary Iu­risdiction to free men, that none but such may be Iurors, and none but such may be their Iudges for their lives, lands, and estates: And there­fore as the Keepers of our Li­berties are subordinate to the Parliament, so are their Com­missaries to them, and both in their Iudgments, to the verdicts of the Iurors, which is their true saying of the whole matter, as well for Law, as Fact; and so is the full Iudgment of it, both in [Page 35]Law and effect, wanting onely the assent of the Soveraign Iu­risdiction, which is the onely party supposed to be against the party guiltie, or so repu­ted, and hath that Majestie (or if well considered, that vassa­lage) given unto it, as to do, or command to be don Exe­cution; which, if the hang­man refuse upon the Sheriffs command, the Sheriff him­self must doe; and if he re­fuse, or neglect, the Com­missarie Iudge must, for as there is a Writ de procedendo ad judicium, and an Alias, plures; and Attachment to compell him to give his judg­ment, or, more properly, his assent (as aforesaid) to the Juries verdict: So that if he delay, denie, or faile to do, [Page 36]or cause Execution to be don, there is another Writ de exe­cutione Judicii, and an Alias, Plur', and Attachment upon that, to be had against him; whereupon, if a Commissary Iudg must be Attached for not giving his assent, (com­monly called his Iudgment) to a verdict for Fellonie, &c. or having given his Iudgement to the verdict, shall denie or delay execution, except in special things hereafter touch­ed, let him not onely be an hangman for his Fellows, but be hanged himself; for such was King Alfreds Iudgment in all Cases of injustice in his Commissary Iustices, as you may read in the Mirror from p. 239. to p. 245. when he hanged 44 of them in one [Page 37]year. But it is observable how Commissary Judges for Gaol deliveries do now a dayes use in the conclusion of their judgments upon Fellons; convicted by Iuries verdicts, and their assents, to command Sheriffs to see execution, and so to end their Sessions; and get themselvs gon out of that County with all expedition, and let the Sheriff and his hangman agree as they can bargain, for doing the exe­cution, while the Commissary imposter proceedeth in his Circuit, attributing all that he findeth the people conceiv to be injustice, to the Sheriff, or Iury, or both, but calling all judgments and proceed­ings (that are pleasing to the people throughout his peram­bulation [Page 38]and the Ambit there­of, even the Cirquit it self,) his own; because the people assented to such Commissions, as the devill doth the world his own, because God gave him leave to compass it; And as proud are such Lords justi­ces of their Lordships in a kinde, as he can be of his; yet in right ought to be ac­counted but servants to their Masters, as he to his. And therefore whereas you say p. 24. though the verdict be given in upon the whole matter, and so inclose Law as well as Fact, yet the binding force of the verdict as to matter of Law, may be derived from the sanction of the Judges, not from the Iurisdiction of the Inquest: And it may well be [Page 39]supposed that the Iurors may err in a matter of Law, in which case the Iudges must al­ter the erroneous verdict by a contrary Iudgment, and that Iudgment questionless shall nullifie the erroneous verdict, not the erroneous verdict the Iudgement; whereby it plain­ly appears, That in a verdict upon the whole matter, there is no new Iurisdiction acqui­red by the Iurors in matter of Law, nor left to the Iudges; sorasmuch as the Iudgment stands good, and obligeth not as it is rendred by the Iu­rors, but as it is confirmed by the Iudges. Can a Man that would seem so Cornucopiously learned and wise as you do, be such a fool, as to make such a medley of nonsense; surely [Page 40]should you but tell such a con­fused storie in one of the Inns of Chancerie, the puniest At­turney there would hiss you out of his mooting School. What error can be in the sub­stance of a true saying, but in the form there may, and that the Iudges and the Clerks as­sume to be their office to make in Latin, and such is the form, and Latin they usually make thereof, that every word, or second are commonly er­roneous, and that of purpose for themselvs, to make work for themselvs, by spinning the Cause in suites and vain plead­ings, somtimes to seven years time, that might have been begun and ended in a day, and by beggering both parties to inrich themselvs by dam­nable [Page 41]Fees and extortions, all that while? Can the verdict which is the true saying of 12. Men upon the whole matter of Law and Fact, be alter'd by a contrarie Iudgment, (as you expressly say you can) but that must be fals and an untrue saying, for what can be con­trary to a true saying, but a fals? And which of them ought to be altered? you say the verdict. Whereupon let all men judg whether you are not a plain liar therein, but suppose (since you goe by suppositions) that the saying of the Iurors is not true, and therefore no verdict, such as Iudges receive, or rather ar­rest, and cause to be given them for verdicts by Iurors impanniled by Sheriffs, by [Page 42]Iudges directions for that pur­pose. Can the Confirmation of a Commissary Iudg, by his Iudgment make that good? Its a Maxim in Law, that what is naught in the foundation, can never be made good by Confirmation: but I confess many an honest man is hanged by such supposed verdicts, and devilish Iudgments. Can such Lies be called verdicts, or such Iudgments be called true, more then you can be called a just reprover, or a due Censurer, that reprove truth, and justifie lying? Can the Devill be a worse Censurer or Reprover? What Iudgment (mean you) stands good in Mr. Lilburnes Case, who had no Iudgment at all passed upon him, but that [Page 43]verdict that saved him, and the assent of the Councell of State, and Parliament that confirmed it? And what ver­dict or Iudgment do you finde fault with in all your Book over but that? Surely you were in a frenzie when you wove this stuff not so good as Linsey Woolsey; but if you would know what should be done, in case a Jury should give in an untrue saying, in stead of a verdict? (that being made to appear to a Commis­sary Judg by the Partie grei­ved, or his Councell learned to be undeniably true; such a seeming verdict, in case of life, or land of Free-hold, is traversable; as also any ver­dict made defective, inform­ed by Lawyers as aforesaid, [Page 44]and thereby sounding defect­ive in matter, and so counted erroneous by them that made it for that purpose, to linger the matter for their own gain, as you may read in Mr. Horns Mirror, as aforesaid, and in the Statutes of 41. Edward 3. fol. 5. and 6. of Henry 7. and 19. Henry the eight. How­beit for bloodshed in Leets there is no traverse; because the fact is a manifest wrong, and if laid upon a wrong per­son, he may have his Attaint against the Jury, and reco­ver treble damages, by the ver­dict of 24 better Jurors; which remedie every party wronged by any Jury hath be­sides his Traverse. And in case of life, which may be lost (by the malice or ignorance [Page 45]of som Juries purposly return­ed by som Sheriffs for their own ends) if executed accor­ding to their saying, and is never recoverable by Law: The Commissary Iudg upon true information and proof thereof, and not otherwise, ought to stay Iudgment, or execution, or both, untill he can likewise inform the Keep­ers of Englands Liberties of the truth of the Cause, and repriev the Prisoner untill their pardon or Tollerance be obtained for him, as was wont in the Kings time in like cases, so, that afterwards the Prisoner may have his Attaint as he ought against such a Iu­ry, whose Iudgment is terri­ble enough for example to o­thers, and sufficiently satis­factory [Page 46]to the Party, viz. to repair his wrong, and pay him treble damages: To for­feit their lands and goods to the Lord of the Fee; to have their houses demolished; their woods rooted; their bodies imprisoned during their lives: And Iurors ought to try At­taints without Fee Ex officio, as you may read in the Mir­ror, p. 64. And so let so much serve in this place to in­form you that the Iurisdiction of Iurors is to be Iudges and Verdictors of all controver­sies given them in charge upon their Oaths, as well for mat­ter of Law as Fact; and as an­tient as, and more permanent then Commissary Iudges; for when Commissary Iudges had abused their places, so that [Page 47]they were beaten out of them, and Civill Wars therefore grew between Kings and peo­ple before Magna Charta: and since, untill the said second agreement made between Ed. 1. and them, whereby Coro­ners and Sheriffs were reor­dained (for they had been or­dained before, as appeareth by Magna Charta, and long before that) to defend the Country when they were dis­missed of their guards, &c. for till then guards continued for the breach of Magna Charta, begun by Hugh de Burgo's means, and then Captains and Leiutenants became She­riffs, Coroners, &c. and Centinels, Bailiffs, &c. But alwayes the Free men judged their neighbours constantly; [Page 48]And therefore Mr. Lilburn neither did, nor could give his Iurors any new Iurisdiction, nor promote them to any pre­ferment more then of right they had, (as you most falsly and maliciously, however ig­norantly accuse him, and a­buse both him and them to in­troduce the rest of your un­truths which follow, for next you say, that thereby you perceiv his Levelling Philoso­phy is, that Iudges because they understand Law, are to be degraded, and made ser­vants to the Iurors; but the jurors because they understand no Law, are to be mounted a­loft, where they are to admi­nister Law, to the whole Kingdom: the Iudges because they are commonly gentle­men [Page 49]by birth, and have had honorable education, are to be exposed to scorn; but the Jurors, because they be com­monly mechanick, bred up illiteratly to handy Crafts, are to be placed at the Helm, and consequently Learning, and gentle extractions, because they have been in esteem in all Nations from the begin­ning of the world til now, must be debased, but ignorance, and sordid births must ascend the Chair, and be lifted up to the eminentest Offices, and places of power; Coblers must now practise Physick in stead of Doctors, Tradesmen must get into Pulpits, instead of Divines, and Plow-men must ride to Sessions instead of Iusti­ces of Peace. Sir, I shall not [Page 50]meddle with Mr. Lilburns Philosophy, but shall con­ceiv it more reasonable, and therefore more tollerable then your sophistrie, seeing it ap­peareth by your own setting forth, his endeavour was not to degrade Judges because they understood Law, but to inform them better, because he conceived they understood not Law in his Case, till they would be pleased to be better instructed by his learned Councell, which (as he aledg­ed divers presidents for) might have been as Lawfully allowed him, as those that had them, for (as saith Mr. Horn 65 p. they are both necessarie and allowable to such Clyents, as understand not Law them­selvs. And for none so ne­cessarie [Page 51]as for their lives I think) neither doth it appear to be his purpose to make Judges servants to Jurors, be­cause they understood no Law, but to remember them to be servants to their own Masters, to give their assent to the Iudgment of Jurors that he conceived did under­stand Law: And what won­der were it that these men, who by themselvs and their predecessors did put the Laws of England (that had been in the English tongue intelligi­ble to all men whom it con­cerned) into uncoth Gibe­rish of their own making, should understand their own contrivance better then others who do understand Latin, French, Greek and Hebrew, [Page 52]better then most professors of Law do, and English as well: What subversion of the Law can be more then so to trans­late it, that those whom it most concerneth, can neither understand it, nor be excused by their ignorance in not un­derstanding it, and so make it their net (whose libertie it should be) and all to the end, that those whom it concern­eth least, or not at all, may elevate themselvs by means of so unlawfull and prestigiato­rie, and illiberal an Act, (no­thing so harmles [...] ▪ nor so free and cheap as Canting), from little or nothing to great­ness, from Lourdeyness to Lords: And what can the subversion of the Law (espe­cially such a subversion) be [Page 53]less then treason against all the English Nation? But truly Sir! if Mr. Lilburn should de­sire that Iudges should be ex­posed to scorn, because com­monly Gentlemen by birth, and honorably educated, I know none that will agree with him in that, nor can I believ it to be his desire, that is known himself to be a Gen­tleman born, honorably ex­tracted, Civilly bred, marti­ally disciplin'd, and very ra­tionally endowed beyond the capacities of ordinarie Law­yers. For learned, vertuous, and upright Judges howsoever born or bred, are to be ho­nored for their vertue, because Honos est virtutis praemium, Honor is the reward of vertue, and the better their births, and [Page 54]educations be, the more fair and fortunate are their Orna­ments: but Quamvis Caesare­os enumeratis Avos: though descended of Caesar, and e­ducated in his Court: They are not all of Israel that are of Isaac: And golden Calvs are not to be adored. And if corrupt and vitions, you say Gods strict injunction oblig­eth us all to reprov sin where­soever we finde it: behold how you contradict your self, when you would have all Iudges, because wel-born, because well bred (though as wicked as Pilat or Caiaphas, as you say elswhere) to be ho­nored by all men: And yet you would have sin to be re­proved by all men wheresoever they finde it oportet mendacem [Page 55]esse memorem: recover your self by som distinction, or rea­son of policie, or els you are faln deep: Tende manus So­lomon, &c. I remember you say Jehojada did forbear Atha­lia untill he gained more abi­litie, and better opportuni­tie to accomplish his desires a­gainst her; I conceiv then you would have none to re­prov Judges but your self; nor will you, till you have more advantage of them then you have yet; so the respit you give, is but till you have more advantage against them; not unlike that Iesuiticall te­net, which Ignatius never taught his Disciples, but they learned it of his Master the devil: And therefore let the King of Spain take heed of it, [Page 56]for the Pope and they wait but opportunitie to swallow his Catholick Majestie into his ho­liness bowels, when they preach one vicar in earth for one God in heaven: And let Judges take heed of your flat­terie which they may discern by your obligation, to reprove sin wheresoever you finde it; and by your forbearance to reprove Judges (though never so sinfull) untill you get op­portunitie, and by your apt­ness to fall down and worship them, all without distinction of good or bad; when som of them know themselvs no wor­thier to be worshiped then he that our Saviour bad get be­hind him. And what shall they be the better for your re­proof, if they dye before they [Page 57]have it? when you ought to speak, de mortuis nil nisi bo­num; nothing but good of the dead; therefore Paul more graciously reproved Peter to his face, when and where he found him faulty. As for Ju­rors placing at the Helm be­cause mechanick, &c. you touch not Mr. Lilburn for his Jurors (as all others in Lon­don ought to be) were impan­neled by the Sheriffs of Lon­don, or their secondaries, who knew them to be honest lawfull men, such as their pre­cept required, and had the Judges any cause to suspect, refuse, or chang them, they had done by them all, or ten at least as they did by one of them, take in others for them: And you say that Mr. Lilburn [Page 58]excepted against them all, and desired to be tried by a Jurie of Surrey, where he lived when the Fact was supposed to be committed, (and if by him, likliest to have been there) where a Jurie might be had of no mechanicks, but God, who (as you say elswhere, and that truly, as the devil, to be believed in more, useth to tell som truths) is present in all Courts, was really, though not visibly present there, and had fore-ordain­ed better for his servant, then he knew how to desire; A Jurie of Mechanicks, whose per­sons or Estates I know not, but their carriage and Resolu­tion in that matter declare them knowing and under­standing Men, Confirmed in [Page 59]their Verdict, first by God himself then doubtlessly not onely present in the Court, but in their hearts and consci­ences: And afterwards by the Councell of State by assent of Parliament: A President for Jurors, and a memorable example of undantable, im­movable, consciencious Judg­es of life and death, for the present, and all future ages to imitate: yet traduced by you, and in them God him­self the Author of the work, and the State, and their Coun­cel Cooperaters therein. And no mervel for al that, since you cannot be content to calumni­ate all that had a hand in the matter, but also the generali­tie of all the constant Inhabi­tants of all Cities and Corpo­rations [Page 60]in England and Wales, of whom not one in a Million, ever knew Mr. Lilburn, or heard of his Cause, all Me­chanicks: For what Trade, or mysterie of Merchandize can be, but hath its original from som handicraft? What Mer­chant so easie or carless, but somtimes useth the help of his own hand, or servants to mea­sure, or weigh his commodi­ties, for which he ventureth his life, or others, and his Estate to boot, to fetch them from the Indies, and why should he scorn to put his fin­ger to retail them to his cu­stomers by true weights and measures? And so I conceiv writing is but an handi-craft taught a Lawyer before mooting, and necessarie to [Page 61]be used by him when he is a Judg, whose (dutie as the Lord Cook upon the 29 chapt. of Magna Charta saith, is, de­cernere per Legem quid sit justum: to descern what is just by the rule of Law; and so to make the Law his rule, his line, his measure, his weight, his yard and ballance, which (saith the same Author in the same place) is called Right it self, And Common Law; be­cause it judgeth common Right, by a right line, which is the Judg of it self and its oblique. And in another sens (saith he) the Law is called Right, because it is the best Birth-right the Subject hath, whereby his goods, lands, Wife, Children, bodie, honor and estimation are pro­tected [Page 62]from injuries, and so a better Inheritance cometh to everie one of us by the Law, then by our Parents: but when appropriated by Law­yers to their own constructi­on and benefit, how is it to be called common Law?) and when a Commissarie Judg like Pluto's Radamanth, maketh his will his Rule and line, and thereby squaretth and mea­sureth the Law as he pleaseth, and as Virgil discribeth him: Grosius hic Radamanthus habet durisima regna, &c. Casti­gátque Auditque dolo, subi­gitque fateri leges fixit pre­cio atque refixit, &c. First he punisheth, then he heareth, and compelleth to confess, and so maketh and marreth Laws as he pleaseth for his [Page 63]profit: such are the Commissa­ries I desire to reprov, and you to flatter: but I wish them to observ Crysippus his Picture of Justice described in a Latin Diologue thus, viz.

[Page 64] Englished by me thus.

But I observ that as the meanest handicrafts man, when he groweth rich, turns Merchant, that he may live Lazier, and gain more by buy­ing and selling merchantable Commodities, then by his labor, yea, and the craftiest Merchant of all; or as lately the poorest Schollars being at­tained unto Wealth, became Bishops by the same means, and for the same reason; yea, and the precisest formalist of all, so the simplest mooter in the Inns of Chancerie, being being past his Apprentiship, admitted to the bar, and but botching Jorneyman in the [Page 66]trade of Law, furnished with money friends and fortune, proceedeth Sergeant at Law, and ascendeth som Chair, or Bench of Judicature in a day, and declareth himself present­ly the Pragmaticalest Judg of all, yet but a Commissarie Judg, such as you extol in the generall, and I except against in som particulars, as for mak­ing the Law a mercenarie trade, or a merchantable commoditie, which ought to be free and liberall to all men; and in assuming a Mastership therein, whereas he is and ought to be but a servant to the Common-wealth; yea, even a Clerk (though you seem to repine at it) to say Amen, viz. to pronounce his Masters assent to the verdicts [Page 67]of Jurors who by their ordina­rie Iurisdiction are the abso­lute Judges of their Countrie, as before is proved. Yet shall I be content to follow your Follies a little further for your better satisfaction touching Mechanicks, who buy and sell but what are vendible and merchantable wares, and law­full for them so to do, which if by unreasonable penni­worths, their reasonable Customers may take or leave as their occasion requires, and reason guides them: whilst Lawyers Clyents must buy such Law as they can finde, at such rates as they can get at Westminster, or perish in their Causes: different from those times, when Mr. Horn, and others tell you, they had [Page 68]better brought to their own doors with little charge, and less pains: and when to see it so administred and executed by Sheriffs, Recorders, and other Countrie and Citie Judges, that were the Kings Commissaries in their respect­ive places, and derived their Commissions and authorities as well as any at Westminster ever did, or can, from the same fountain, viz Kings and people, so that (as the Lord Cook saith) Omnis derivata potestas habet eandem juris­dictionem cum primitivâ: their jurisdictions were the same within their precincts, as the Kings at larg; yet Kings went along with their Com­missaries, or rather Deputies, for their own Bench, from [Page 69]Countie to Countie, once e­very seven years, to oversee, and examin how Justice was distributed to their Subjects, and to give their Royal assents to the verdicts of Juries which were not assented unto by the ordinarie Countrey Commis­saries since the last Size: which Commissioners therefore one­ly, and not the Countrey in generall, (as now to Assizes, nisi prius, and Gaol delive­ries) or so much as the Jurors were called, or troubled to bring in any account of what they had done since the last Eire, but those Commissarie Officers onely for that they had not done were charged to bring in their Records, where­upon such verdicts as were found unassented unto and [Page 70]compleated by them, might be assented unto and perfected by the King himself, or his Commissarie Judg, or depu­tie, called his chief Justice of his own Bench; or by the Justices in Eire, who went somtimes without the King, or any of his Justices, who when and where they came, had the prerogative of all Courts during their stay, which was but for short Sessions) & gave forth process of execution up­on them, and medled not with any mors Causes, but onely within his verge, by the verdicts of Iurors inhabiting within the compass, as you may read in the Mirror, Lambert and others at larg. And why now all must come to Westminster four times [Page 71]yearly; and no cause, whe­ther over or under 40 s. can be ended in any part of the King­dom but there; for if under á Mutuatus shall lift it over, and all under colour of that Chapter of Magna Charta, which saith Common Pleas shall not follow the Kings Court (as his Bench, Chan­cerie, and his Exchequer then did and ever might) but shall be kept in a certain place; which came to be Westmin­ster-Hall since it was the Kings pleasure to have that Court (which was their pre­rogative superindendent Court of Common Pleas, viz. for Appeals in such Pleas, by such as found themselvs grieved by partialities or delaies of their Countrey Commissaries, un­to [Page 72]that Court) kept in their own Hall, of their then dwel­ling Mansion, as it continu­ed untill White-Hall came in­to the hands of King Henry 8. by Cardinall Woolsey his de­linquencie, which (pleasing him better) he made his Court; and gave not onely Westmin­ster-Hall, but also all the Pallace of Westminster (that his Ancestors from Rufus to him, contented themselvs to dwell in) to be the Consisto­ries of all his Courts, when he found it chargable to re­move them, though he and his successors gained least by them. But now no King be­ing, no Court that depended upon his Person, or his depu­ties, or Commissaries, in re­spect of their prerogative Ju­dicature [Page 73]reputed transcendent remedies for som transcendent Injuries committed and suffer­ed amongst the people, can be necessarie, because triennial or more frequent Parliaments, and speciall Commissions of Oyer and Terminer to be granted them, when and as their Causes require, may better supply them and with more speed and Justice, and less charge and expence finish their Causes at or near their homes, then all, or any the Courts at Westminster ever did or could. But if the Keep­ers of Englands Libertie be pleased to have any one or more Courts, or Judges to be superintendents above all o­thers, besides Parliaments, and speciall Oyers and Termi­ners, [Page 74]Then they are to be de­sired, to be also pleased to al­low, and pay them sufficient Wages at their own cost, and not the peoples, as Kings did when their Commissarie Judg­es were to have of never so many Parties in one Cause, but 12 ^d to be divided amongst them, and that after the end of the suit, and not before: And a Pleader (though a Ser­geant at Law) was sworn to plead as well as he could for his Master (now called his Cly­ent, and counted his servant) and to abuse the Court with no fals, or more delatorie then necessarie Pleas, And was to have for every such Plea pleading, but six pencel; and for his sallarie or Wages, for his attendance in every Cause from [Page 75]first to last, beginning to end, as the Court should think fit, considering the greatness of the Cause, and merit of the Pleader, &c. as you may read in the Mirror, p. 64. Now to return to your Mecha­nicks, commonly (as you say) brought up illiterat: surely it cannot be unknown to you, that there are most common­ly as many (if not more) Ma­sters of Art in London that use Trades and handicrafts as practise Law at Westminster, and compleater Retoritians, Logitians, Musitians, Arith­metitians, Geometricians, A­stronomers and Phisitians, all which are the severall liberall sciences, and the very Ency­clopedie and summarie of all good and necessarie Arts and [Page 76]learning: How then do you make it your consequence, that if all Commissarie Judges be not adored as you would have them; all learning and gentle extraction must be de­based, but ignorant and sor­did birth must ascend to the Chair? as if there were no learning but in Pedlers French and Law-Latin, the very dis­guises of the Law, which hath no such need of them, as a foul face of a Mask, or an hangman of a Vizard; but contrariwise, much necessarie to be rid of those Curtains, which hide both the beautifull Shape, and material substance of it, from us, that it may appear (even to our under­standings) more gloriously, more learnedly in plain Eng­lish, [Page 77]then in that Canting more obnoxious then that of beg­gars, which would but cheat us of necessaries to sustain their lives; whilst Law-Cant­ers cheat both us, and them, of all our livelihoods and li­berties, to surfet themselvs with superfluities; by mak­ing us all starvlings, pined with that extream of wants, the want of Justice: for put the case that those hotch-potch French, and Quelquechose La­tin were banished, and the Law rendred in English (as Scriptures are which were hidden from us by Prelats, as our Law by Lawyers) would not all learning, and argu­mentations in Law be as ne­cessarie for the continual pre­servation of mens lives and e­states, [Page 78]and therefore continu­ed in English as Sermons in Pulptis, and disputes in Schools and Universities, requisit for the salvation of our souls are? Nay would not School-Masters (to read and teach the Law in com­mon Schools) beas necessarie in London, as Stu­dents in the Inns of Court, or Chancerie, or as such have been (as you may read in the Lord Cooks Preamble upon Magna Charta) and did read upon Magna Charta, when it was read twice yearly in Churches, and 4 times yearly untill full Counties, untill the same King that assented to the making, and was sworne to the observing of Magna Charta, in the 9 year of his [Page 79]Raign, by the advice of his Chief Justice Hugh d'Burgo (whose advice and his follow­ers ever led Kings to ruine, and Subjects to hazards) by his special Writ in the 19 year of his Raign, prohibited the said publick reading, and teaching, (as you may read in the same place.) Did not the Eunuch understand the Language he read, yet want­ed Philip to interpret the meaning? And did not God send Philip to that end? So no doubt (although the Law be Englished) the most part of English people will be Eu­nuchs in their understanding of it so fully as they ought, untill, and but whilst there be Philips to expound it? for it is too great a Studie for men [Page 80]otherwise imployed, to be ex­pert in; to resolv Causes which you call Intricate, As you would make it for Coblers to dilucidate texts, which many call hard Scriptures: And who can doubt it to be Gods spe­ciall gift and vocation in Law to som, to be just and learn­ed Lawyers, as to others to be sincere and Orthodox Di­vines, while the world shall consist of bodies necessarie to be regulated, as of souls to be disciplined. And then for your gentle extractions, may not they be as they were ever wont (since Marriages were ordained in Heaven, may not a Judg bestow his daughter upon a Citizen, and a Citizen his upon a Judg, or an Earl, (as we have seen usuall): but [Page 81]by your allegation that there is a general disesteem of gen­trie more now then from the beginning of the World, which Mr. Lilburn can be no cause of: It is manifest you charge the present Govern­ment as faultie for suffering such a disesteem to be among the people, wherein you do but traduce and wrong the State, that neither desire, nor countenance any such thing, but when gentrie (for the most part) grows dege­nerat, and nobilitie debas­eth it self, Corruptio unius est generatio alterius: when Lords turn Boors and simplicians, let Clowns turn Lords and Politicians; And let him that will carp at the Vicissitude of things, which divine provi­dence [Page 82]hath ordained, blame neither State in generall, nor persons in particular, but conceiv rather, that Ablatâ Causâ tollitur effectus; when vertue faileth, the honor fol­loweth; when God took his holy Spirit from Saul, both Spirit and Majestie were trans­ferred to David in a larger measure; and therupon be you further answered by an Hea­then: Tempora mutantur, et nos mutamur in illis: Times are changed, and we therein: By whom, is manifest; but how, and when, are Arcana Dei: Forbidden secrets, im­putable by such as suffer there­in, to their sins; and there­fore you shew your self in this point, not an Alter Ca­to, but an Altercator: not a [Page 83]wise man but a wrangler: Whilst you might observ further, that God never took his holy Spirit from whom he gave it, but for their abusing, or not using that power which accompanied it, as they ought, whereby they provoked him, as when he said: It repent­eth me that I have set up Saul to be King: 1 Sam 15.11. When Saul spared Agag, and his fat Oxen, &c. which God commanded to be destroyed: So when Englands Kings and Lords made wrong use of their Judicature and power which he and his people had given them; was it not time for God himself, to justifie himself and his people? When they and their subordinate Judges connived together [Page 84]with such men as God describ­ed by his Prophet Jeremiah to be his enemies, saying: Among my people are found wicked men, they lay wait, as he that setteth snares, they set a trap, they oath men, and as a Cage is full of birds, so are their houses full of de­ceits, therefore they are be­come great and waxen rich; they are waxen fat, they shine; ye, they overpass the deeds of the wicked, they Judg not the Cause of the Fatherless, yet they prosper; and the right of the needie do they not Judg: shall I not visit for these things (saith the Lord)? shall not my soul be avenged upon such a generation as this? Jer. 5. v. 26. were there ever in Israel such waylayers, snare-setters, trap­setters, [Page 85]& men-catchers, as were the Scribes & Pharises, who concealed the law (w ^ch God made for his people) from his people & assumed the exposition there­of to be proper to themselvs only, and thereby snared, trapped, and caught the peo­ple as they pleased; made way for themselvs to becom great, rich, fat and shine; which exposition was but of their own naturall language, which their Countrey-men understood, or might as well as they, yet our Saviour cal­led them a generation of vi­pers, &c. that laid heavie yoaks upon their brethren, &c. Did not our Judges and Atturneyes in England ex­ceed them, that not onely concealed the Laws of God, [Page 86]and this Land, made for this people, from this people? though partly published in English (as our Statute Laws are) whereof nevertheless they assume the exposition to themselvs; howbeit rational English-men may understand them as well as they; but al­so barbarized that part of our Law which is called, and ought to be common, so that they have made it proper to themselvs onely, because no other linguist (howsoever learned) can understand it, but onely they that made it such for that purpose, where­by they snare, and trap all men as they list, and their Legion Gaolers, Catch-poles, setters, &c. (who glorie e­ven in those names, and are [Page 87]rich by those meanes) catch, and imprison all Debtors, and most of them to death, con­trary to all Law, but what they made and procured against Magna Charta, and maintain (though repealed) against the Petition of Right, and above 20. Statutes, all Confirmati­ons of Magna Charta. Do the Judges of England, judg the Cause of the Fatherless? the Orphans of London can tell you no. Do they judg the right of the needie? the Wi­dows, the Fatherless, and all that sue in formâ pauperis, nay they that beg, rob, and steal to boot, with those that starv for need, can tell you no. And shall not God be as good as his word? Shall not his soul be avenged upon this genera­tion? [Page 88]yea, no doubt, and therefore Judgment began at the House of the Lord, which King, Lords and Bish­ops, that parted the peoples spoyls, neglected Achan and his Wedg; made all covetous gripers more griping, Regis ad exemplum; and all men more offenders because the greatest most thrived, and were never punished. There­fore Kings, Lords, &c. whose extractions for Gentrie were ever esteemed best; And ma­ny Bishops well descended, laying aside their vertues, who shall blame God for lay­ing their honor in the dust? but let all that love the present State, and Government of England, wish the Keepers of the Libertie thereof, take heed [Page 89]in time they do not the same things themselvs, they have condemned in others, of whose punishments God hath made them his Instruments; for we are sure that the Judg­ment of God is according to truth, against them which commit such things; 2. Rom. 2. Let them not overpass the deeds of the wicked, by not punishing them which they finde to be such, yea, and e­specially the wickedest of them, even such as none can be so wicked; Judges that persevere in injustice, who by suffering such offenders, be­com not onely the committers of their offences, but superla­tive offenders, whom God hath none above them to cor­rect, but himself, which he [Page 90]therefore usually doth, by raising Wars against them, and enemies unto them, as well of their own Nation, nay their own Children, as others; and as well Insideators of their wayes to, and at their dores, and assacinates in their houses, as adversaries in the Field. And as for your self Sir, may not we say of you, as Jeremie said of som in his time: A Wonderfull and hor­rible thing is committed in the Land, that Prophets Prophe­sie falsly, &c. For what do you els when you say, you are obliged, as all men are, to reprov sin wheresoever you finde it, and yet you justifie and magnifie such Judges as the true Prophet reproveth. Take heed therefore how you [Page 91]use your tertiam Linguam (as Walterfensis cals it) which by lying and slandering, either by way of adulation, as you do the Judges, or detraction, as you do Mr. Lilburn: the partie that so doth, abuseth three persons at once, viz. the Speaker, the hearer, and he that is spoken of: And such tongues (saith the same Au­thor) had the Prophets that were slain; Doeg, that was re­jected, and Saul that slew himself: And such tongues St. Bernard cals triplicit, for the same reason; and saith, that such Sycophants as use them, have the Devil in their tongues, and Auditors in their eares, and a consenter in their hearts. And for sordid births (except I knew yours) I know [Page 92]not what to say to you; but suppose the tree may be known by the fruit, and well do I know, that as London, and other Cities, ever had Mechanicks of as great and noble extractions, as England yielded, so the Barrs at West­minster ever hitherto had long-roabed men of as pro­miscuous originals, as huma­nitie afforded: And of Lon­don births at this present, there be vertuous and honorable Chair-men at Westminster, as e converso, there be of Judg­es sons, hopefull Apprentises in London. Where you finde Coblers in Pulpits, it is be­cause the Divines are out. And where you say Plow-men ride to Sessions instead of Ju­stices of Peace; there can be [Page 93]no Sessions without both, viz. Knights or Esquires to be Justices, and Plow men, (which are the best kinde of free men in England) to be Jurors. And as Jurors are there, and elswhere the more real Judges, so is their calling far antienter, for sokmen were long before Justices of Peace in England; And soccage was ever a better tenure then Esucage, or Knights service. But a Justice of Peace, and a Plow-man do well together, not onely in Quarter-sessions, but in constant hous-holds; and the eminentest, best ex­tracted Knights and Esquires, as they have ever been the best hous-keepers, so they have been the bountifulest cherishers and countenancers [Page 94]of their Plow-men in their most necessarie calling for the Worlds sustenance: and have not scorned to put their hands to their own plows, as Kings, and Lords have vouchsafed their names, and associacions to their Subjects, in their trades and handicrafts, to countenance, commerce and traffique.

So not finding any more of your Pamphlet necessarie for me to answer, as this much was, for my reason given you in the title page thereof. I bid you heartily farewell.

From my lodging in Mr. Mondays house upon Clerkenwell-Green, July 1650.

THE CRIE of BLOUD.

THE first part of this Preamble is far from the matter: Wee confess, Ar­rests by Capias, without Summons, for Trea­sons, Murthers, Felonies, and Trespasses, don Vi & Armis, or Contra pacem, or Formam Statuti, as Extortions, and all Frauds, and Injustice, don under color of Office and Justice, to bee lawful, and as antient as the Common Law of this Land; and more antient too, becaus such offences were committed before [Page 2]the Laws were written, or made in those cases, or thought upon, upon, to punish the past, and prevent the future. By the Law, wee know the sin that was be­fore it; and by the due cours of Law, the cours of sin ought to bee staied or corrected. But what is this to a debtor, which groweth neither vi & Armis, nor contra Pacem, nor contra Formam Statuti? for recoverie whereof, against able debtors, the Statute of Westminster 2. cap. 18. And the Common Law before that, provided remedies, the process, or proceedings whereof were by summons, at­tachment & distress, (as our ad­versaries confess) which cours, if Antiquitie can meliorate, is far antienter then the Capias for debt, which they make no elder then the repealed Statute that gave it, 25 Ed. 3.17. which the [Page 3]same King annulled the 3. and 17. years next after, viz. 28. and 42. of his Reign. The delato­riness alleged in the cours of Summons, is a deceitful infor­mation, and an untrue report made to the High Court of Par­lament; which were it to an inferior Judicature, deserveth no less punishment, then the Informers, to bee imprisoned a year, silenced for ever, and fi­ned, and ransomed at the State's pleasure, Westm. 1. cap. 29.3 Ed. 1. For the truth is, there can bee no speedier waie devised, considering Actions of Debt by Common Law, and many Sta­tutes, ought to bee laid in the proper Countie wherein the Defendant dwelleth, and hath, or hath not wherewith to paie; where the Sheriff having his Ju­stices, which is the onely proper writ for debt, is a Commission to [Page 4]hold plea above fortie shillings, and is to summon, attach, and distrein, and do execution ac­cording to the verdict of the Jurie, if in an Hundred Court, in three weeks, allowing fifteen daies, as Law requireth, between Process and Process; which three weeks between Court and Court, may fully afford, and that is no long delaie, in com­parison of what is usual at Westminster: or if in the Coun­tie Court, three moneths, or twelv weeks doth the same. But if the Action bee laid in, or re­moved to the Common Pleas at Westminster, (which ought not to bee don, or suffered, with­out injustice, or partialitie, pro­ved, not alleged in the Sheriff) they cannot determine the Acti­on under three Terms, which is not the fault of the cours of Summons, which requireth but [Page 5]fifteen daies between Process and Process; but the fault (more then delatorie) of the cours at Westminster, which requireth long Vacations between Term and Term, and removeth more Causes thither in one Term, or Vacation, then they can end in seven.

And where they saie, Sum­mons are many times fruitless; that is never, except the Debtor hath nothing to bee summoned by, & so ought not by any Chri­stian Law, to bee looked after, but with eies of charitie. And why Merchandise and Com­merce in this Nation should bee hindered for want of a Capias, to arrest and imprison non-sol­vents to death, cannot bee tru­ly demonstrated by any Christi­an reason, since all men know, that all other Nations as well Heathens, as Christians, who [Page 6]never admitted so impious a re­medie to recover debts, as the Capias, finde no hinderance of Trade or Commerce amongst them, but onely the Trade of Lawyers and Liers, whereof the fewer make the better Common-wealth.

That former Parlaments pro­vided the Capias for debts, as a full and most necessarie remedie for this Common-wealth; and that divers Statutes affirm so much, appeareth to bee these men's additions to their former mis-informations, and endea­vors, to abuse this Honorable Parlament: For it was but one Statute that ever provided this Capias, and that is long since repealed as aforesaid, and so continueth by more then thir­tie three Parlaments and Sta­tutes. Neither doth that Statute shew any caus for its provision, [Page 7]making, beeing, or necessitie of its continuance, or hath any Preamble at all (as all necessa­rie Introductions of Law usual­ly have) but pinneth it self to the Statute made for Accompt­ants, viz. Lords, Bailiffs, Rent-gatherers, and servants, that cheated their Masters of their rents, and monies committed to their trust, to collect and ac­compt for, contrarie to all Laws, Justice, Equitie, Mercie, and common honestie; all which they falsified, and conver­ted their Master's monies to their own use; which to answer unto by due cours of Law, they com­monly durst not abide, for shame, more then for the debt, and therefore became Fugitives from their acquain­ance: so that the Capias was necessarie to staie, and fetch them to accompt with their Masters. [Page 8]But this pinning, or relating this Statute to that, seemeth to bee (as Master Cook writeth thereof) the work of som cor­rupt Lawyers, Members of that Parlament, that passed it unexa­mined, except by a Committee, which they over-ruled; and that is in a few words, so hud­dled up amongst other things, as they might bee as soon forgot­ten by the hearers, as read by the Impostors: which practise they have used for the unspea­kable advantage in all Parla­ments that trusted them; God bless this from the like, and grant it bee not too late wish­ed. Howsoever, that venerable Judge, and Autor of the Mir­ror of Justice, pag. 283. ca. 5. sect. 7. condemneth this Capias, and de­clareth it to bee contrarie to Law; and sheweth reasons therefore, both there, and p. 108. [Page 9]where the Action for accompt is debated, and declared to bee mixt, in regard of the trust and deceit of the Accomptant, de­serving therefore to bee prosecu­ted so far, as to bee forced to an accompt: but for the debt, more then hee hath wherewith to satisfie, the Law requireth nothing of him that hath no­thing; and giveth no recoverie, nor other remedie then revenge, which God calleth his own. And both this Author, and the Lord Coke, in the Third part of his Institutes, agree, that the acting and mainteining of things contrarie to Law, as Law, or lawful, is a subversion of the Law, and that is no less then High Treason against this State and Common-wealth; which case is our adversaries, whom wee hereby impeach thereof, and crave direction and [Page 10]assistance, to indict and prose­cute them according to the known Laws in that behalf; So far as they may not lose the honor of their Antiquitie, which they press so much for; and wee confess, that for the mysteries of its craft, it hath exceeded the Sciences of all their Progenitors in their several fa­culties; for in the art of men­catching, there are of them ma­ny one, who exceed,

1. Three Bum-Bailies, who by virtue of their Capias, can com­monly catch but one by the poll at once, nor that without vi & Armis, and loss, or hazard of lives, by the furie of their pas­sions, while our Chamber-Offi­cer can make threescore Capises to catch five times threescore persons without any danger of his own, except by the wrath of God, which few of them [Page 11]ever feared, but are all embold­ned by his patience, to attempt the catching of a whole Par­lament of most wise Senators at once, to becom subject in them­selvs, or their posterities, to this Purs-net, perswading them to father, and maintein this Ba­stard Capias, which knoweth no difference between a Parlament­man, and another, or between his friend and his foe.

2. In the Art of Ambition, they exceed their Father the Devil, who did but attempt to bee Lord of Hosts, whilst these men becom Hosts of Lords, and still covet to enlarge their Do­minions.

3. In the Art of Murthering, they exceed their brother Cain, who killed but one Abel in all his life time, and for that one offence, had the curs of God upon him and his seed for ever; [Page 12]while these men daily murther many of their brethren with fals Judgments, and solace themselves with Angels, desile their hands, and fill them with bloud, yet would bee heard in Parlament, when God telleth them hee will not hear them, Isa. 1.15. and bid's them fill up the measure of their Fathers, that upon them may com all the righteous bloud of the Earth, from the bloud of Abel, &c. Mat. 23.32.35. and Luke 11.50, 51. concluding v. 52. Wo unto you Lawyers, for you have taken away the key of knowledg; you entred not in your selves, and them that were entring in, you hindered: Which Scripture, wee conceiv, may bee fitly applied to our English Lawyers, who have taken away the English of our Laws, which was the key of our know­ledg therein; And entred not [Page 13]into the truth thereof them­selvs; and them that would, they hindered, until this hap­pie Parlament righted us in that, sore against their wils, and will as wee hope, and they fear, fur­ther right and free us from their bondage, finding that now they have filled the measure of their Fathers, that upon them may com, and from them may bee required all the righteous bloud of prisoners for debt, from the bloud of the first Free-man of England, imprisoned for that caus, to the bloud of the last that shall perish in prison for the same.

4. In the Art of Treason, they exceed Judas, who with one kiss, betraied but one Ma­ster, to a death fore-ordeined by God's Providence, for the life of the world, except his desperate betraier, and other un­believer's [Page 14]children of perdition; while these men by their daily prevarication, and changing their notes, since they have de­serted the Canonical Organs, and Psalmistical Harmonies, to the tune of the Organical Canons, shrill Trumpets, and ratling Drums, siding with the strongest Faction in Warrs, as with the richest partie in Peace, till they have betraied three Common-wealths to manifold deaths, avoidable by the mercie of God, and Praiers of men, except these impenitents that harden them­selves in their wickedness, do stir up others to second them of seditious and implacable spirits, sons of Belial.

5. In the art of Impostors, they exceed the Pope, and Ma­homet, who by their impostures endeavored but to counterfeit Christ's Miracles, and make those [Page 15]counterfeits sailable at high rates, thereby to disestimate his truth, and prefer their own in­ventions, and to eclips his kingdom of grace, that they might ostentate themselves in too of Vain glorie; whilst these men having disguised our Lawes in Forraign languages, made them vendible to our selves at their own prices, and thereby have subjected the seven liberal Sciences, and three free King­dom's of several free Nations, to their unlimitable impudence, which being over-ruled for the language they intend to main­tain, and augment in price and jurisdiction, and settle them­selves in one tyrannical Monar­chie, as arbitrarie, as intolerable, and as slavish, as mercinarie. And contrarie to Magna Charta, and were ever since the Court called the Upper Bench, hath imposed [Page 16]its judicature in matters of Debt, and other Common Pleas, ex­preslie forbidden them, and taken out of their jurisdiction; and both it, and the Common Pleas, impose their Judicature in cases of Tithes, expreslie taken out of their jurisdiction by several Sta­tutes, and given to the spiritual Courts, which (though now suppressed) their jurisdiction ought not to bee resumed but by the Parlament, nor executed without an Act for that end.

6. In the Art of Perjurie; they infinitelie exceed Peter, who forswore himself but once, and when he heard the Cock crow, went out from the Maid that urged him, wept bitterlie, repen­ted him of his sin, and resolved to do so no more: whilst these men forswear themselves dailie; and when they hear their Pockets ring, go in to their Wenches, [Page 17]with whom they interchange deceitful imbraces, and seem to laugh merrilie, persevere in their wickedness, and implore a Parlament to countenance, and continue them in condition to do so still.

7, 8, & 9. In the several Arts of Extortion. Bribing, and Pre­varication, they exceed the no­torious Judges, De'Burgo Tre­silian, Bremble, Thorpe, &c. as well in their takings, as in their num­bers; for as those were few to their manie, and Thorp's taking was but 100 l. from manie hands; how manie hundred pounds taketh one of them from one hand? wee can witness too well, and others may compute by the increas of the price of an habeas Corpus, Error, &c. And the necessitie of divers parties to make frequent uses those in­struments, more to avoid Justice, [Page 18]then to desire it: whereby the prevarication, Ambodextership, and Legerdemain of these men dailie appeareth more and more by their impairing of their Cli­ents to improve themselves; manie men of manie thousands beeing brought suddenlie to nothing, and most of them from nothing to manie thousands per annum.

10. In the Art of Commuta­tion they exceed both Cano­nists, and Civilians, who com­muted corporal penances to pe­cuniarie, paiable out of perso­nal estates, while these men change Treasons to trespasses, and Trespasses to treasons at their pleasure, and make debt guiltie of death, surer, though somtimes slower then Treason, or Misdemeanor whatsoever, and men's estates as well real, as personal whollie their own.

11. In the Art of Transfor­mation [Page 19]they exceed Chamelions, who can bee of anie colour but white, expressed in Scripture to bee the immaculate investiture of Angels: These men can seem of all colours to suit with all pre­dominations, though never so divers, and all contraries, and turn the Law for all their turns, and arrogate most trust when they are most treacherous, and face themselves with the truth of Saints, when they are as fals as Devils.

12. In the Art of Counter­feiting, they exceed both Alchi­mists, and Coyners, of whom the first counterfeit, but Gold, and Silver, and turn more Gold to brass, and Silver to lead, then Copper to Gold, or Lead to Silver: And the second Coun­terfeit, but Pictures, whilst these men counterfeit Justice, Equitie, and Lawes, more concernable [Page 20]then Metals, to God and Man; and fix mens substances, more considerable then their pictures, upon themselvs, and their heirs.

13, & 14. In the Arts of For­gerie, and Fraud, they exceed all Coiners of fals Monies, and Counterfeiters of Letters, and Tokens; whom, if they catch with such misdeameanors, they somtimes severelie punish, and somtimes pass over sleightlie, or excuse artificiallie, as may most conduce to their profit, or con­cur with their practise, whilst they themselvs make it a chief part of their office to forge the returns of Sheriffs and Coroners of several Writs, and to file them for true Records, and due pro­ceedings of Law; whereupon follow Judgments, Executions, and Imprisonments to manie thousands, to their utter undo­ing [Page 21]and for want of summons, Attachments, and exigents dulie executed, and returned by those Officers who never see them, yet are answerable by Law for those fals Returns made unknown to them, and the Forgers thereof, as of all other faudulent deeds which cannot be drawn, ingros­sed, antedated, and contrived advisedlie without them, or som of their Counsels, ought to bee punished for the same, for which they are never questioned; but contracting the greatest Forge­ries, wherein they are actors, pass for good deeds and online those trifles that want their skill, and privitie, are made great, or dear offences.

15. In the Art of Lying they exceed the men of Creet, and Cho­zeba, who (as is written, 1 Chron. 4.22.) were also Ancient, as these men would be accompted; [Page 22]for those but as Men and Hea­thens, lied but to men in hu­mane things, whilst these men, as Devils, lie unto God, and in contempt of his Divine Word, and Deitie, as shall appear here­after.

16. In the art of Simonie, they exceed Simon himself, who would have bought, for his monie, the Gifts of the Holie Ghost, and intending the Apostles fa­vor, purchased their indigna­tion: whilst these men have, with their Monie's, purchased their Offices, and all the said gifts of the Devil, to execute them, and by the same endeavor to acquire the favor of manie o­ther corrupt members, who (as wee hope) shall not bee suffered long to abuse the rest of this hap­pie Parlament.

17. and 18. In the arts of Ra­pacitie, and Tenacitie, th [...] [Page 23]Catchpols and Gaolers exceed Lions, and Tygers, and their Gaols and Dungeons Hea­ven, and Hell, for Lions will favor their friends, and Ti­gers their neighbors. And Heaven wll neither take, nor receiv, anie but God's Elect; nor Hell anie but Reprobates; but Catchpols, Gaolers, and their Gaols catch, and receiv all men they can sue, and count all too few, and keep them in their pawes, and caves, while they are worth a farthing.

And thus having suppeditated their Proëm with eighteen de­scriptions of their properties that appropriate to themselvs all our proprieties, and so super­numerated their 13 fals Reasons for the supportation of their innumerable falsities, wee shall descend to sift those Reasons as followeth.

[Page 24]1. The first is all fals; for the attaching of persons secureth no part of the Plaintiffs debts by paiment, or other satisfaction, but commonly their debtors bo­dies to miserable deaths, and their estates from their heirs and creditors, to Lawyers and Officers: For the proceedings by Summons, wee have answe­red before. And for Prisoners that are able to give for their libertie ot their Gaolers, they have as much as they desire and paie for out of their creditors rights; and their own Frie, and not the Plaintiffs, or their heirs, have their Gaoler's leavings.

2. The second is like the first; for it is not a few, that are de­teined for debt, when Sir Jo. Lenthal hath in his custodie or list one thousand persons; the Warden of the Fleet as many, the Gaols of London, Westminster, [Page 25]and Liberties adjoining, few less; and in the rest of all the Gaols of England and Wales, will bee found many more. They that accompt so many few, de­clare their desire is to have all the Free-men of England and Wales (except themselves) in the same case; why? and with whom els do they make the comparison, but becaus they conceiv there are more persons out of prison, then in; their detention is not seldom, but frequent, and so are murthers, and hurts, committed as well before, and at, as after arrests; by reason thereof, they are not deteined for a short time, but ordinarily till death as aforesaid: Warrant of Atturnie, if they need any Atturnies, they ought to give to whom they pleas, and not to whom any Court appoin­teth. And for appearance, no [Page 26]Free-man oweth it to any Court out of his Decenarie, Hundred, or Countie.

3. The third is but a block­head-ship's Proëm, as untrue as the former, and so demonstra­ted in our answer thereunto be­fore. No Trade but Lawyers, nor such, but Westmonasterians, will bee hindered by taking away the Capias. It was the lawless use thereof, that caused more Usurers then Merchants, to look after men's persons: It ne­ver was, nor could bee the spee­diest waie for Plaintiffs to gain their debts, but the most dela­torie to recover, and the most readie and usual to lose them; so as the repetition of the decaie of Trade, if the Capias were taken off, is but tantologie for want of reason, and an abuse of Parlament, to bee offered such untruths, to hear, or look [Page 27]upon, punishable as aforesaid.

4. The fourth is as bad as all the former; for the attach­ing of a man's person, where hee hath neither means to paie, nor friends to bail, produceth no end but Imprisonment, Sum­mons, and Attachments of men's goods, where they have to paie, conduce to the speediest end between Debtor and Cre­ditor: Hee that hath of his own to paie, will regard Summons, lest if that hee bee attached, hee shall lose all, and if submitted to his Creditor's mercie, hee may save som. Hee that hath enough, or more then sufficient to paie his Creditors, of his own estate, will neither regard Sum­mons, nor fear Arrest, but de­sire it, beeing sure of what li­bertie hee pleaseth, paying his Gaoler, and to leav what his Gaoler leaveth, to whom hee [Page 28]list, as aforesaid; whereby more Creditors are cheated, then by any other deceit, and more un­don, then debtors of that kinde, who commonly live too plenti­fully, and leav somthing, when their Creditors have nothing whereby to live, or whereof to leav.

5. The fifth is as untrue as the rest; for a debtor that is worth the Summoning, can live no where better then in his Decenarie where hee is best known, and hath his pledges answerable for his honestie; nor can hee transfer his estate to any other Countie but to his loss: And his avoiding the due cours of Law, is a misdemeanor that depriveth him of the benefit depriveth him of the benefit thereof; which beeing certified by a Testatum, a Capias of cours ensueth, to pursue him from Countie to Countie, till hee bee [Page 29]found, or outlawed; which was ever lawful against such as waved their Law and freedom, to answer it in its due cours; and such a Certificate of the Sheriff of that Countie whence hee fled, ought to make to the Chan­cerie, whence hee had his Justi­ces to determine the matter; and the Chancerie ought to send the Capias to the Sheriff in whose Countie hee doth latitare, & discurrere; and so the alias Plures, Exigent, and Outlawrie, till hee bee forced to return him­self to the first Sheriffs, to have his caus determined there by his Peers, as it ought: all which, affording fifteen daies between Process and Process, is feasible in half a year; and what hee shall bee then found to have left of his personal estate, his cre­ditors must have all, and two parts of his real; with less then [Page 30]a tenth part of the fees and de­laies used at Westminster: which old cours of Law beeing resto­red, and so known, will make everie able debtor submit to Summons, and farther Process, especially Outlawries, more ter­rible and odious then now, when they are but scare-crows, rever­sable and extinguishable by their grantors, for their gain at their pleasures: For the debtor that is not worth the summoning, up on the Sheriffs return of Non est inventus, & nihil habet, the Law is ended (as aforesaid) until God enable him. And in the interim, wheresoëver hee lurk­eth, or liveth, by lawful endea­vors, Cantabit vacuus coram la­trone viator, no debtor justly in­debted, can, or ought to bee suf­fered by any just law, or equitie to make away his estate, before hee paie his just debts, for it is not [Page 31]his own, but his creditor's; and such Conveiances ought to bee adjudged fraudulent, although the fraudulent makers of that fraudulent Statute, have inser­ted the words bonafide, for them­selvs, and their imps, who ne­ver had good faith or honestie to expound for their profit, as a­foresaid; for good faith can do no man wrong, but fals Law­yer's interpretations thereof, and of the Law, commonly wrong all men, and enrich onely them­selves. The Lord Coke in the Third part of his Institutes, upon the Writ de odio & atia, decla­reth these men to bee liers that charge the Law, or its makers, with more regard of men's debts, then their liberties.

6. The sixth is of the same stuff, and in substance answered before. Do more Merchants trade out of England by sea, be­caus [Page 32]it is an Island, then into it out of larger and Forrain lands, where the Capias for debt was never known? Do not these men buy wares upon trust, and trade to sea as often as the English? and having no Capias, have their creditors no Laws to recover their debts? is it not better to attach their debtor's goods, or their, then their bodies? And so hath London used to do by Cu­stom, and other Towns and Ports ought to have don so as­wel; and the Law of the Admi­raltie hath its cours of Justice within its jurisdiction. Wil com­mon Lawyers have no Law but their bastard the Capias, to range about by Sea and Land, like its its Grandfather the Devil, seek­ing whom it may devour? Nay, are not the words of the Writ of Summons, at the Common [Page 33]Law, directed to the Sheriff, which any Major, or chief Ma­gistrate of any Corporation, may upon complaint direct to Sheriff or Sergeant; praecipe, &c. per bonos summonitores; that is, I command thee to summon A B, &c. by good Summonitors, &c. and have their names, &c, and this Writ before mee by such a daie: And to what end? but that the Summonitors beeing two, or more of the ablest Free­men, or Pledges of the Jurisdi­ction, undertaking the Sum­mons, undertake the goods till the Attachment ensue, if they cannot end the matter before, as neighbors bound in charitie so to do. But these Westmonasteri­ans abhor that, and seem neither to know, nor willing to admit any charitable end, or other Law, but their Capias to catch and bring all fish to their net.

[Page 34]7. The seventh is but a chip of the sixth, and answered be­fore, with this addition. Is there no trust, but where the Capias is, or can thrust it self? If it bee the caus of trust, Ju­stice, Equitie, &c. and such a caus, as without which none of these can subsist (as they saie it is) and both legal and neces­sarie for this Common-wealth, that it seem's the onely Trustee thereof? Why is it not warran­ted, or suffered by these men themselvs to peep into their Inns of Court, and Chancerie? pla­ces pretended to bee egress and ingress of Law, Justice and E­quitie, and known to take upon trust more then all the Mer­chants of England can tell how to recover by the Capias against their persons, who make their Inns, and their Gaols of the up­per Bench, and Fleet their San­ctuaries, [Page 35]more privileged then those that were so called and used by such debtors as made fraudulent gifts, feoffments, &c. and afterwards withdrew them­selvs thither, untill the second Statute made the second year of Richard the second, granted a Capias to ferret out such Lati­tants out of such Latebras; Such a ferret conceiv wee now, to bee necessarie for the Common-wealth, and especially for many undon Londoners, by trusting such debtors, or rather cheat­ers, to fetch them out of their profane Asylums, the Fleet, Marshalsey, their Inns, &c. instead of that by them commended for the use of the Common-wealth, and yet commanded not to med­dle with themselvs, or their ha­bitations; as if they concluded themselvs and theirs, to bee no part thereof, though well known [Page 36]to bee all forfeited thereunto. But how irrational they shew themselvs, when they offer rea­sons to a most wise and circum­spect Parlament, to persuade them that can onely bee profitable to all, which is so unwelcom to them, that they cannot endure their own beagles that carrie it abroad, to bee their Inmates an hour longer then while they slave and pump them, and so make them as fit to bee their Mass-Priests, as their prolling Proctors.

8. The eighth sheweth these men's desires, as well to pervert the Word of God, as to subvert the Laws of England, and decla­reth their right as well to the Faggot, as to the Halter, and their fitness as well for Hell, as the Gallows. They blush not to saie, that they finde presidents and approbations in the Old and [Page 37]New Testaments, of like pro­ceedings, and greater cruelties against debtors, amongst the Jews, then is used by them and their Capias here: And those (saie they) were condemned, neither by the Romanes, that lo­ved Justice, nor by Christ. The first Scripture they cite, is Matth. 5.25. where whosoëver is angrie with his brother without a caus, is advised to leav his gift before the Altar, and bee reconciled to his brother first, and then offer his gift, lest at any time the Adversarie de­liver him to the Judg, and the Judge deliver him to the Officer, and hee bee cast into prison; where Christ saith unto him, Verily, I saie unto thee, thou shalt by no means com out, until thou paiest the utter most farthing: wherewith agreeth Lu. 12.58.59. and both with the Parable of the non-solvent ser­vant, Mat. 18.25. & all these places [Page 38]conclude with the rest of the Scriptures, that the debt here meant to bee punished by impri­sonment, was not a debt of monie borrowed for need, and lent for love, prophefied to bee don. Deut. 15.6. and commanded Matth. 5. and 42. And therefore beeing no action of sin by the Old and New Testament, was liable to no action of Law, ten­ding to personal punishment or imprisonment; but the debt meant here, was indeed the du­tie of the Usurer, Extorter, De­ceiver, Hypocrite, &c. to for­give their debtors their debts so accrued: But Usurie, Extortion, Briberie, &c. which were such heinous offences amongst the Jews, as still they are, or ought to bee with us, that they incur­red mixt actions in Law wor­thie of arrests and imprison­ments, till the uttermost farthing [Page 39]were paied, or restored, with amends; Levit. 6.2, 3, & 4, ex­poundeth this debt to bee such cleerly, and no other. Our pe­nal Laws for those offences, which make the principal debts void, and give the Plaintiff tre­ble for damages, or according to the Judge's discretion, carrie shadow of that Justice. The Context in Matth. 5. decla­ring our Savior's speeches to the Scribes and Phari [...]ees, elswhere called Lawyers, Extorters, Dis­semblers, &c. and here redargu­ed of their unrighteousness, and breaking of the Commande­ments, which they adjudged death to others; accompting killing onely such as was don with the sword, and him to bee subject to the judgment, where they knew; that by their own law, men that killed in their own defence, had sanctuarie, & that the [Page 40]word Judgment emphatically proceeded with the word The, is always used for the general Judgment of God: wherefore Christ telling them, that killing extend's to him that is angrie with his brother without caus, and elswhere to him that suffe­reth his brother to perish when hee may save him; much more then to Fals Judges, Extorters, Usurers, &c. who may finde them­selves sufficientlie described in him to whom his Lord forgave all his debt; (which in the last vers of this Chapter (as fre­quentlie elswhere) is called as well trespass, as debt, becaus mixt, and compounded with sin, more then borrowing, or lend­ing of monie) until hee extorted from his fellow-servant, who ought nothing to him, but to his Lord, upon whom he had not like compassion, as his Lord [Page 41]had upon himself, but grew an­grie with his fellow-servant without caus, and cast him into prison; which, when his Lord heard, he was wroth, and deli­vered the mad Extortor, not the meek Debtor to the tormenter, &c whereof let Extorters, U­surers, &c. take better notice, and applie the said Scriptures to themselvs, and know that the Devil, called here emphaticallie the Adversarie, is he that deli­vereth them (as the common accuser of sinners whom hee se­duceth thereunto) to the Judg of Judges, and King of Kings, the God of Truth, Justice, and Mercie, who (except they say, and resolv to pay all, viz. re­pent, and have like compassion upon their brethren, as they expect from him) will deliver them to the Officer, as saith Mat­thew the 5. Tormentor, as saith [Page 42] Matthew 18. viz. the Devil again, who supplieth all such offices, and delivereth all that are deli­vered to him, to Hell, whence is no Redemption, till the utter­most farthing bee paid, which is never to be don after the oil is out of the lamp, and the dore shut: Where contrariwise the Law of the Jews (which Christ saith hee came not to destroie, Mat. 5.17. and neither did, nor would alter, as appeareth, Mat. 18.25.) did not imprison mo­nie debtors at all, but sell them, and their wives and children, and all they had to their credi­tors that were bound by the same law to keep, and finde them in their houses, and imploiments, not in prisons, and dungeons, without, and from all imploi­ment but wickedness, as our Gaolers do us; nor as these men impiouslie allege, and belie the [Page 43]Holie Ghost, saying, That their creditors might take their deb­tor's cloaths, and bed-cloaths from them; where the Text they cite, ( Lev. 25.39.) saith, they must use them as brethren, hired servants, and sojorners (which we finde all the Old Testament over, had the trust, and charge, not onlie of their Master's estates, but of their children, and their wives, and wanted nothing suta­ble, not onlie to their own ne­cessities, but also to their ma­ster's credits, and imployments. And debtors were to be kept so by vertue of their sale, but till the year of Jubilee, which, when it fell within seven years in the time of Moses, restored them to their libertie; for with­out it, the seventh year they were to be restored, as appeareth, Deut. 15.1. &c. And in Jeremie's time, at the fixth years end, Jer. [Page 44]34.14. Now doth the Capias, Arrests, and Imprisonments used by these men, hold anie analogie with the mercie, justice, susten. stentation, freedom, and hope of libertie in few years, which the Jewish law afforded to those debtors they sold to their Cre­ditors? Compare, and finde as followeth: There the debtors had the mercie to be no Priso­ners at all, but as hired servants, and sojorners: The Justice, to bee no bondmen which masters might use at their pleasures: The sustentation; to have food and raiment enough, and com­potent to their conditions, and their masters callings: The freedom; to live, and love hus­bands, wives, and children all together; to pray, feed sheep, and work comfortablie together in their masters houses, fields, vineyards, &c. with no less good [Page 45]instruction, and recreätion to themselves, then profit and plea­sure their masters, and hope of full libertie to make use of those good instruments for their own best advange at six years end, if a Jubilee freed them no sooner. Contrariewise; here the poorest debtor hath the cruellest impri­sonment; that is the rule of these men's mercie: The greatest cheater hath the greatest favor; that is their Justice: The susten­tation wee would buy for our selvs at the best hand, while our monie last's, our Goalers take, or keep from us, to force us to buy half so much, and nothing so good of them, while wee have a pennie left; and after to starve; when others, for our Custom, would prolong our lives, with trust for a time, they will trust no poor man for a farthing; nor rich, but to fetch his monie. Our Freedom is not to the next [Page 46]Ward, nor in our own, to enjoy wives, or children, longer then they bring fees to the Gaoler; that when we have sold our cloaths, and bed-cloaths to feed our bloud-suckers, our common bed is the bare ground, till wee fa­mish here, and our wives and children in the streets, and dit­ches, do the like; hope of liber­tie wee have none, but by such deaths; for our livelihoods are too little to pay our Fees from the dayes of our Arrests, to our Funeral: if anie attein to liber­tie by some casualtie, hee is the wors while hee liveth for his Gaol education. Our Law is derived from the Romanes, who (as these men say) condemned not the Law of the Jewes con­cerning Creditors, and Debtors; wee wish ours were as merciful; and so it was before and since Magna Charta, when it medled not with men's bodies that had [Page 47]not wherewith to pay their debts, but relieved, and imploied them according to their endea­vors, forgiving their debts, and believing that of our Savior; if you forgive not men's trespasses, neither will my Father forgive yours, Mat. 7.12. But these men that dare abuse the everlasting Word of the everliving God, and the fundamental Laws of this Land grounded thereupon, to mis-inform a Parlament to their own ends, notwithstanding they know wee have abundance of sound Divines to expound Scriptures, and some honest Lawyers, though no professors to explain Lawes. What shall wee think of these men's sinceri­tie to be trusted with the making up, and keeping of Records con­cerning the whole estates of the Common-wealth? but submit the consideration thereof to all interested therein.

[Page 48]Their 9. Reason pursueth the former in its Coin; for most untrue it is, That men alwaies begin suits (meaning by way of Capias, and Arrest) upon neces­sities of injustice, that is to say; when no other trick will serv to bar men of their libertie to prosecute just suits for loss of lives, or estates of most concern­ment; or for Treasons, felonies, or trespasses most notorious, committed by night, and defen­ded by injustice, what is more common then to arrest the pro­secutors for supposed debts of thousands of pounds, more then they are able to find bail for, until Trials, and Judgments bee carried against them in the cau­ses they should follow by the same hands of Power and Justice, that they should prosecute, but cannot, being so prevented. And how manie are now imprisoned for supposed debts, which they [Page 49]never ought, or if they did, have paid, or which were not due at the time of the Arrest, &c. And what necessitie of Justice was to begin such suits? And what murther more wilful, more ma­nifest, and more cruel, then to imprison men so till they die? And where they say, that most commonlie debtors have notice before any suit be commenced, why then do they debar sum­mons, which is the right process of notice? How come Justices of Peace, and Grand Jurie men, that alwaies attend Assizes and and Sessions, to be arrested by bills of middle Latitats, and Outlawries, before they can hear of anie suits against them? which case is common. And for their alleging of manie Statutes, or Parlaments, that approved of their Capias, let them name one more then that of 25 Edw. 3.17. which gave it, and was repea­led, [Page 50]28 Edw. 3.3. and 42 Edw. 3. as aforesaid. What Statute, or Par­lament, ever since revived it in express terms? It is true, That of 19 Hen. 7.9. ordeineth process upon Actions of trespass upon the case to bee no more delatorie then that practised for debt. And wee grant that actions upon the Case, being mixt acti­ons, ever ought to have been by Capias before that Statute, however neglected by such as ever left undon those things which they ought to have don, to do those things which they ought not. And that summons is a milder way, and not so compul­sorie: as the Capias, wee con­fess, and hold more Christian; for the Capias compelleth men that are not able to pay their debts, and that never ought anie, to be imprisoned, starved, mur­thered: And no just debt to bee paid so soon as summons, all the [Page 51]world knoweth thereof, and therefore no Nation but English admitteth a Capias for debt.

The 10. is as deceitful an in­formation as anie before that; for wee desire no new way upon summons, to hasten Judgments before Attachments and distress, by affidavit of a summoner: but that summons may go by Writ, as it was wont, to the Sheriff of the Countie wherein the debtor dwelleth, requiring him by good summonitors (which are the words of the Writ) to summon the partie to bee at the return of the Writ, in the Court whence it issued, whether the Sheriff is to return both the writ, and the summonitor's names, in that ought to be substantial free-hol­ders, and free pledges of the same decenarie as the debtor, who, if they return summonitus, are answerable for so much as they finde him worth, till At­tachment [Page 52]taketh it into the She­riff's hands, or sureties for appea­rance. If the return bee a nihil habet, then (as aforesaid) the Law ought to look no further after him, till God make him able: for (as the Proverb was) where nothing was to be had, the King was to loos his due. And if the return bee non est inventus, his shunning of the Law maketh him a malefactor, subject to a Capias upon a Testatum directable to the Sheriff of the Countie wherein he lurketh, and so from Countie to Countie, till hee bee taken, or out-lawed. Again, if the return be summonitus, At­tachment, distress, and Judgment follow of cours, legallie, and speedilie, and are the onlie due process of Law, as wee have de­clared before; and so is not a Judgment by nihil dicit, stolne by connivence of Attornies, un­known to the Defendant, al­though [Page 53]his warrant of Attornie bee had to appear for him: a common feat countenanced too much by the Law at Westminster, to thousands undoings, and their own gain. For trial by Jurie, Issues joined, cannot bee tried o­therwise, Nihil dicits, & Arrests by Capias use them not: For mul­tiplicitie of Suits and Perjuries, they were things never found fault with at Westminster these 200 years, till now. And now if the Chancerie grant Justicieses to Sheriffs and Stewards, as they ought, gratìs; and Corporations proceed by their Charters, West­monasterians need not fear to bee troubled with multiplicitie of Suits; and those growing fewer, so will their perjuries.

11. The eleventh is a toie; for wee grant that a Capias ad respondend. beeing unlawful, that ad satisfaciend. is groundless, and both most lawless, and useless; [Page 54]the due process of law for debt being as aforesaid, summons, &c.

12. The twelfth is a Riddle and a Paradox, wherewith these men would amaze us with som wonders of their experience hapned by this Common-wealth by the benefit of their Capias, which they call the Process of Arrest, Anno Domini 1267, & 1350. They might have don well to declare their particu­lars, that others that know them not, might judg thereof as well as themselvs. Wee con­fess, and they know the Ar­rest, Imprisonment, Exile, and Hanging of Traitors, Ex­tortioners, &c. as were the Spencers, Father and Son; the Judges Hugh d' Burgo, Tresilian, &c. who seduced Kings, as these men would Parlament, were beneficial to this Common-wealth; and wee hope it will bee so again, though wee know [Page 55]not how long the Devil may help his servants: but of poor debtors wee can remember no arrest that was ever beneficial to any one person of this Com­mon-wealth, but have sufficient­ly proved the Negative.

13. Lastly, for the subtilties, and subtersuges of debtors, wee know none more then these men; and their predecessors taught such as grew indebted, and by their natural inclinations, assist­ed with these men's advices, and devices, far more subtle then their own, to cheat men of their Lands and Estates; and by the credits of their sureties, that took them to be honest men, until too late, they found the contrarie. Wee confess it is true, that such debtors by the helps of such teachers, became so sub­tle, as to get in their hands all they could of their Creditor's rights, and conveied them to [Page 56]what uses they pleased; and procuring themselvs afterwards to bee arrested, where they might bee brought, or removed to the upper Bench, or Fleet; made those places their sanctuaries and subterfuges, where they are many thousands in list, but few in custodie, riding, rioting, and spending their Creditor's and Suretie's Estates, somtimes at their own doors, who want for their sakes those blessings to re­liev them, which they vainly con­sume to out-brave them; and somtimes in parts remote and Forrain, more active against this Common-wealth, then for it.

The premises tenderly consi­dered, and for that these men, by these their endeavors declare themselvs, and their Judges, and the rest of their rabble, to bee of one fraternitie; and all parties in this matter of our wrongful imprisonments, and guiltie of [Page 57]all the Extortions and Oppressi­ons concurrent therewith, and livers, and thrivers thereupon; and therefore no fit Judges in these causes, as further appeareth by their lothness to submit, or give waie to the Hous, whereof they are over-ruling members, to perform their promises to your Excellence in our behalfs, made many years past, or to re­store us, and themselvs, to our birth-right, liberties, and free­dom, whereof they have robbed us, but are ashamed so to do like thievs and intruders, to deliver their possessions to the right ow­ners. May it therefore pleas your Honor, in our further be­halfs, to caus the Hous once more to bee moved to grant a Commission under the Great Seal, directed to indifferent Commissioners, that shall bee no professed Lawyers, Atturnies, &c. or persons engaged to pub­lick [Page 58]emploiments, Martial, or Civil; but men of understand­ing, and discretion, undoubted honestie, well-affected to the pre­sent Government, to bee nomi­ted by us, and approved by any two, or more Parlament-men; autorising everie two, or more such Commissioners, (not excee­ding twelv in all) to deliver all the Gaols of England and Wales, of all prisoners for debt, forth­with without delaie, compel­ling all that are able, to paie all or part of their just debts, to paie accordingly, so far as all their goods, (except the beasts of their plough, tools of their trade, and necessarie cloaths and bedding) and two parts of their Lands shall extend, notwithstanding any Conveiance of any such Lands since the debts grew, (ex­cept distributions between real Creditors.) And to hear and determine all wrongful Impri­sonments, [Page 59]Extortions, Briberies, Usuries, Perjuries, Forgeries, Frauds, Deceits, Trespasses, or Oppressions whatsoëver, con­cerning such prisoners onely, committed, or to bee committed by any person or persons what­soëver, against them, or any of them, or by any of them against any of their Creditors, through­out England and Wales, according to the antient Laws and Customs of England, confirmed by the great Charter, and Petition of Right, to endure for three years from the date thereof; allowing everie such Commissioner 300 l per annum, above his necessarie expences, for his salarie, in con­sideration of his pains, and loss in his time, and private affairs; and such fees, and allowances to their Clerks, Messengers, and other necessarie Ministers, as any three of them shall think fit, not exceeding the presidents [Page 60]of other Courts, in like cases, to bee deducted out of such fines, amerciaments, issues, profits, and perquisits, as shall grow due to the Common-wealth, by their service, as other Courts use to do; and the rest to bee accomp­ted for, to such other publick uses, as the Hous shall appoint: Which beeing don by your means, the Land shall bee pur­ged of much iniquitie, the Lord's wrath for the same much appea­sed, your Excellencie, and your Armie gain much happiness, love, and honor, divine, and humane, temporal, and eternal; the Common-wealth regain a Million of monie picked out of their purses by Extorters, Usu­rers, and common Deceivers; and your Petitioners bee at li­bertie to fight for their Coun­trie, and safegard of those lives of their own with courage and comfort, which as yet they have [Page 61]no hope but to lose with care, and sorrow.

And they, and theirs, as in dutie bound, shall ever praie, &c.