TO mention the Antiquity of our Common Law, is not herein materiall, neither the unequall'd wisdome of it (comparing it to the Laws of neighbouring Nations); It is sufficient to prove its excellency: If (I say) the Law ne­ver had an Enemy who understood it—But whether the Body or Essence of our Fundationall, Common, or Municipall Law, is like (rebus sic stantibus) to receive any considerable change, or no, is the Quaerie in the first place. Secondly, whether our Judiciall Courts of the Common Pleas, and of the Upper Bench (the former whereof handleth properly Disputes at the Common Law; the latter, frequently, though sometimes improperly, the like also;) be like to continue where they are, or not; with some inconveniencies hinted, if they be removed elsewhere.

Reason. I There is not any reason, why a sober man should sup­pose, the Law will receive any considerable alteration: Be­cause, it tyeth all our Inheritances, and Purchases together, as a convenient cord of Love, and Discretion: And truly, very few Suits arise upon the Realty for Titles of Land; for this I know, where one Action is brought upon a Disseisure, or any pretence of Title, in Fee, or otherwise, for the Land it Selfe, Reversion, or Remainder of it, an hundred are brought for Personall Injuries; Debts, not of Record, Trespasses, &c. For which last, many preg­nant remedies are allowed, if the party injured can prove, [Page 4]or will swear before a Justice in the Countrey. Now, the end of Actions so allowed, is, to curb mens hearts, and passions; who would otherwise quarrell every hour, and shed bloud. Clear enough it is, that, as to the matter of Title, what famous Littleton said long agoe, is so Aphoristi­call, and indeed, to the Intelligent, perspicuous, that very rarely (as the Learned observe) any of his Positive Judi­cials admit of Dispute. And if we well consider who they are who most Carp at the Law; they are either, Turbulent spirits, pleased with no Government; or else, Vulgar heads, perhaps, men on both sides, of small estates, and illi­terate. The common Law disturbeth few of quiet spirits, or of low estates; the Vulgar hath not wherewith to work its own ruine by Law: onely there is that unsa­tisfied first Generation, whose aim is to make out their own malice, by Law vexatious; a fault in themselves, not in the Law I am so far from admiring, there are so many Enemies to the Law, that I wonder, there are no more, since every man desireth his Cause shall passe for him: As if the Law ought not to speak to all alike.

Reason. II The greatest men, of these modern times, claim and hold all their acquired Estates, either by matter of Record, or free Grant, or by Purchase legall, from the for­mer Owners thereof; or, legally, from the Quondam Body Politick of this Nation: The Law is their defence, and safety; every discerning man hath heard, there was a legall vestment of the Forfeited Estates of Delinquents, first, in the Trustees for the State, and from them derived to the Purchasers; and that way, the present Indefeasible Estates of the Souldiery are vested in them: They have reason to maintain that Law. So indulgently loving and profi­table, so strong a ligament of their ffortunes.

It is evident, Reason. III that there is a kinde of mutuall Harmony, and Sympathy in all Titles whatsoever, as to their re­spective holding of some Paramount Lord, immediate, or mediate: And this is such a Branch of the Common Law, as cannot, without infinite inconveniencies, be changed or cut off from it. All men naturally love Superiority. But from the highest to the lowest we do daily accuse one another.

Reas. IV I say and will prove undeniably against any civill oppo­nent, that our common Law (in its very naturall Bent, and constitution) is idoneous, fit, and adaequate rather for a Democratick government, Aristocratick, Annually ele­ctive Government, or Praetorian (if need be) then for a Monarchiall: because it left little Arbitrarinesse to the Kings of this Nation, which, I make a fault in that go­vernment: In the Regall times, none could be Nomotheti­call, none could regularly provide for present exigencies, in the State, but by a triplicity of power in Parliament: The Judges were then, as now they are, only vested with a Declaratory power of the Lawes Energie. Some necessities there are sometimes in states, absolute, present, & necessary, and these, men say, may dispence with the very Laws of Na­ture, much more with any positive humane Law, for the safety of the People. The question never was, whether we or any other people ought to be governed by an Arbytrary power (for there must be an Arbitrary power some where, else where will Salus populi be, at a pinch) But in whose hands it ought to be. What extraordinary and illegall Acts the King committed, were so illegall; because he must have convented that triplicity of power to make them legall: here lay the first rise of our politick quarrels; and therefore Kings must be, and were alwaies, at variance with the Common-Law: But now the present Governours (in esse & posse) are and must be in a legall ca­pacity (and that immortally during every intervall) to act for imposing of Taxes, raising the Militia, &c. if you granted the King the Militia (as inherent ratione Politicae, or naturalis capacitutis) yet had he little money. The Law was not for him; it did hinder him, in the execution. But our present Governours, I say, without more adoe, do not of­fend the letter of the Law in rationally providing for the people: because they are above the Law of men and (taken collectively) to those ends aforesaid; else we should be in an hostile condition, as Mr. Hobbs well observeth. The Army is as it were necessitated to maintain the Law.

Reason. V And indeed their keeping upright of the Common Law, is a good Argument of the Armies putting a prudentiall [Page 6]difference (as to the sacrednesse of some protests of main­taining the Lawes of this Nation, for distributive Justice) between those obligations some men had put unwarily upon us for preserving the regall interest, contrary to the freedome of natures Law, (which sheweth, that al [...]egeance and protection are correlate; and contrary to the natio­nall engagement, which tyeth me to a government then establisht, in effect to obey my superiours; so the sound word of God had said before, it was but a commemorati­on of the Apostles Precept,) and between their own pro­tests that they would maintain the fundamentall lawes, and therefore, although the King might be within some stipu­lations, yet might he recede from their reciprocallity, ex­actible on his part (and so was he charged) by some acts dis­reciprocall, and those Acts gave men, in power, over him, liberty to cancell any supposals of his restitution: But for the Armies promise, for maintenance of the Law which (though a wise thing) could not be mutually stipulatory (being as dead matter taken abstractedly) it is the same, Lawes cannot commit any crime. The Army will maintain, and love the Law, for its constant, and unshaken, prudent constitution, for our people under the present government.

Reas. VI Lawyers did generally receive discountenance, and were capable of aspersions of disrespect, while the late Parlia­ment sate: because it was strongly presumed, how truly I know not, that divers Lawyers then in power, had retar­ded many things, in reference to the Publick, either out of vain fears, or something worse Interests. That case is now altered, and God hath mightyly appeared in owning the proceedings of the Councels, now on foot, and mens spi­rits are more still Parcite paucorum crimen diffundere in omnes.

Reas. VII Admit some things may well be mended in the Body of the Law, and many Statutes rectified, and some things in the practick part, want the hand of reformation. It is far easier to mend the practise, then for to make new Lawes of property, which the wisdome of so many ages, have refined, so many notable men have studied; whereby generally our Law seemeth the most incomparable reason in the world; subnixt with the Laws of Nature, the equity of the Jewes [Page 7]Law Judiciall; and in nothing, I know of, disagreable to Gods word, or any Christian Phylosophy.

Reas. VIII There is no way left (because not convenient for the kidney of the times) for support of necessary Learning, better then by maintaining of the Law: for by the Study and Practise of the Law, (there being preferments gain­able that way) the necessary Art of artificiall reasoning, will be yet higher improved: hence are men incouraged in the breding of their sons at our Innes of Courts, those excellent confluence of wits: and hence, our Universities will be eased of many pragmatick young heads, after some gradation, and study, there, in generall Learning. We may well add, that this way of propping up the sagacity of wits, with legall instigations of profit, and honour, maketh much for, not at all against the Sons of Mars, or there interest in all imaginable respects, in reason; as to the honour of the Nation abroad, (whereof the Army seem­eth very tender) to the keeping of busie heads within the large spheare, and latitude of legall studies, while things purely Nationall are transacted by our Superiors: As to the presenting of their own issue (when Peace shall triumph in the three Nations joyned happily in one Republick) into places of trust and judicature. But espe­cially, as before hinted, for fixing and establishing their owne possessions (accrewed unto them by the merit of their Arms and Valour) joyntly with other men Titles. And that this is the designe of all wise Politians, he that runneth may read: we shall be degrees come to know, that the Gentry (where well fixt) are very significant in England with them, when the Souldiery well agreeth, Floriceat Respublica, the Law, and marriages, in time, will wipe all pristine indispositions away betwixt them.

Reason. IX I shall propound to all lovers of England, what an irreparable decay, and impoverishing to two parts of the Nation at least, the removall of the Judicatory Courts from London, into the Country would be. London is the chief Mart, and Empory of the three Nations; The place where all trading, upon the matter, concenters; hence Money presently for payment of an Army, Souldiers, [Page 8]Land and Maritine may, be raised; Armes, at 2. houres time, to be had, against any Forraign invasion (which God forbid) yet our sins cry loud to heaven. This is a City situate upon our Queen of Rivers, opposing by the con­venience of shipping; from hence, France our ancient Enemy: The very glory indeed London is, of the English Nation; for its admirable civill Sanctions, and way of Gover­ment; what if I say, without its help, things could not possibly have been, as now they are, shall we dismember our Trade, and weaken it into Nookes? Will our Superiors, think you, ruine myriads of Families? Will they suffer those gallant fringes of London, the majestick Suburbes of this thrice noble City to be depopulated? All these must and a thousand other mischiefs follow, should the Law be Courts removed. But whether would some rash heads have the Carried? Into the Country, we are so troubled already with Country Jurors, that, for the most part, one cunning knave carryeth all the rest (right or wrong) which way he pleaseth. And some of late have got a trick to carry Sugar Plumes, or Raysons of the Sun in their Pockets, they will starve the rest, but the cause shall go after their wishes.

I have but this to say (though these are but hasty draughts together) where the Law is defective, or redun­dant, where the practise of it, is either prolix, chargeable, or uneven, where apparent disfavours are cast upon De­fendant. In a word, where the same principles upon equall and adequate reason (the matter whereunto they are tyed being identicall) are not suffered or do not, but acci­dently, produce the same effects in Law Theorick and Pracktick where corruption is crept in, or mens cunning have started subter suges, let all such excrescencies be pared off, and with great care, lest in one houre, more hurt come to the liberty of the subject, then can be repayed in an age, Nihil simul Natum et perfectum est.