THat the end of all Laws and Magistracy ought principally to tend to the ease, safety, and well-being of the people governed, I presume no rational man, or men will deny: And in­deed therefore it's the usual cry and saying both amongst the Masters of Oppression, the Lawyers, & the ignorant people that know no better, That the Laws of Eng­land, as also the ways of executing them, are the safest and best in the World; and whosoever shall alter the said Laws, or ways of executing them, wil unavoidably introduce a mis­chief instead of a benefit. But to those is answered, That the major part of the Laws made in this Nation, are founded on principles of tyranny, fallacy, and oppression, for the profit and benefit of those that made them: For know this, that when William the Bastard-Duke of Normandy, undertook to conquer this Nation, he was not singly himself able to raise money or men enough to perform such a Design without the voluntary conjunction of most of the Nobles and Gentry that were his Subjects, who sold and morgaged almost all the Lands and Estates they had in Normandy, to furnish them out in that design. Now therefore when the said William had con­quered this Nation, he was enforced to suffer those his Nor­man [Page 2] Peers to share with him in the benefit, as they voluntarily did in the hazard: From hence it came to pass, that he the said Conqueror and his Nobles made a division of the Land a­mongst themselves, and whosoever were Tenants to the said Conquerors, held all their Lands for a long space in vassalage under them, meerly at their will and mercy; whereupon all laws were made in French, & it was accounted a base thing in England, to be called an English man: Then did these Con­querors make such Laws as suited best to keep the people in slavery and subjection, as the English now use the Irish, that they might have all the benefit they possibly could screw out of the people. Hence came it to pass that all penal Laws were made for the benefit of the King, the Lords of Manors, and other great Officers who were the Kings creatures; this was, and still is the ground and reason why the life of man, which assuredly by the Law of Reason is sufficient to answer any crime, was not alone taken away upon conviction of Treason, Murther, or Felony, but also the Estates of offendors were forfeited by Law to the King, or Lord of the Mannor; which hath been the cause that many an innocent hath suf­fered, as Naboth, who was destroyed by Ahab, that so he might enjoy his Vineyard: These Laws were not before the Con­quest, neither have been since the Conquest ever introduced in Kent; which County submitted to the said Duke of Nor­mandy, reserving to themselves their Laws and Rights; and therefore it is the saying in Kent, The Father to the bow, and the Son to the plough: And surely in that County is as little robbing, murthering &c. as in other Counties; and there­fore there is not such necessity for that Law, as some Sophi­sters pretend, to keep the people in dread and awe: Neither indeed do I think there is such an absolute necessity for the hanging men for theft, but as heretofore in the Nation; there may be another way found out more agreeable to the Laws of God & reason, for punishing of theft as selling to forreign Plantations, or the like, &c. But if at last the Law to hang Thieves must continue, I wish it may take hold of the great ones first, lest we renew the practice once in Athens, where they hanged none but little thieves, & the great thieves pro­nounced [Page 3] sentence, Verbum sat sapienti: I am more afraid of those that rob by power of a Law, then those that sneakingly endeavour to take my purse on the high-way▪ Now although it may be alledged, (and truly that is all for by reason it can­not be proved) that there is some reason for the forfeiting the Estates aforesaid; yet at least let the party damnified be the Injoyer, or the wife and children of the person murthered: But why there should come forfeitures on ships cast away, driven up to full Sea-mark, to lose the best cable and anchor; men to be carried away into slaverie, taken at sea, the ship remaining with her lading firm and sound, to be forfeited to the Lord Admiral for a Deodand to be forfeited; to say, if a horse drown his master, the horse to be forfeited, and this to be pleaded for; or many such Lawes to be grounded on reason, is so ridiculous, that I think the first and grand decei­ver of mankind, cannot find sophistry enough to furnish the Lawyers with to plead for it.

But some will say, That although we were conquered, et your Noble Ancestors, by dint of Sword in the Barons VVars, regain­ed their freedome, and inforced the King to condescend to that fa­mous Law, called Magna Charta.

For Answer, know this, That when the Nobles in those dayes found the King altogether inclined to his Minions, and Flatterers, and thereby made Laws to enslave the said Nobles as well as the Commons had been before, they saw there was a necessity for them to stand up for their own Priviledges; who being popular, what by fear and love, they engaged the Commons with them in War, and took the King Prisoner, forcing him to consent to all things that were necessary, to preserve themselves from the Kings will, but never in the least acted from any love to the poor Commons, but what they were absolutely necessitated to; neither freed the said Com­mons from the bondage they were in to themselves. Now as all the laws of the land have been made by the King, the great Lords, Gentry and Lawyers, when the lower House, (one third part whereof usually consisted of Lawyers) had grati­tified the King and upper House; so also did the King gratifie [Page 8] the lower House, both the Gentry and Lawyers, and agreed to Laws for their Advantage; for indeed is it not much for the advantage of the Gentry, that seeing the Laws are so corrupt, and chargeable, they thereby can, and indeed have done, and in most parts do still keep the poor in such▪ subje­ction, that not only their own Tenants, but other poor that live near them, must run and go, and work, and obey them as they shall please to command them, else they run the hazard of being undone. And what advantage the charge and delay of Law suits is to the great Lawyers; you may judge; how have some Lawyers from being worth nothing but their Books, come to purchase thousands yearly Lands, as it is com­monly called by the sins of the people; this is the reason why Parliaments have not made the Nation free, our pretending deliverers have been our dstroyers, and indeed it was irratio­nal to expect better things? Who will expect Grapes from Thorns, or Figs from Thistles? Who will expect Ease from Oppression, from Masters of Oppression, the Lawyers? if you will have clean streams flow from the Fountain, you must be sure to cleanse the Fountain it self.

That the Lawyers have only sought their own advantage, although to the total impoverishing the Nation; consider this following.

I have often both in City and Country, made as near an In­quiry as possibly I could in a general way, what number of Lawyers there might be in England and Wales, in all Offices, as Judges, Masters of Chancery, Serjeants at Law, Counsel­lours, Atturnies, Solicitors, with the rest of the rabble; and I cannot find by Calculation, but that there are great and small, Masters and servants, by the best accompt I can esti­mate, above thirty thousand. Now consider at what high rates the very meanest of these liveth, see but a very Country Hackney, & you will find he goeth clothed in a Gentile garb and all his Family, he keeps company with the Gentry, and yet usually quickly getteth an Estate over and above his ex­pences, which cannot possibly be lesse then one hundred and fifty pounds per annum. Now if such Country Lawyers live at [Page 5] that rate, bringing the Judges, Masters of Rolls, Counsellors, Atturneys, Registers, Cum multis Aliis, in the Common Law, Chancery, and Admiralty, and you will find that this Mercenary generation, one with another, do not receive less yearly from the people, in their Law-practice, I say, the number of thirty thousand, then two hundred & fifty pounds per annum each man; What if some have but fifty, then know some have thousands; Surely I believe that Prideaux and Maynard wil not, nor cannot deny it. Now at this rate, to say 250. pounds per annum to each Lawyer, these thirty thousand receive seaven millions and a half of money yearly, which is seventy five hundred thousand pounds, and what a charge are the people at to attend their tedious & vexatious trials. Con­sider what it doth cost to ride and go from all Countreys and Towns to London, to attend the terms, it cannot be less then one Million of Money yearly, and to what purpose, observe.

Whosoever contends in Law against another either for Land, Debt or Trespass, must by the Law try his Title, Debt or Damage, by witness after it hath been never so long de­layed by Sophistry, quirks and quibbles of the Lawyers. Now therefore it must be of necessity proved at the last: Why is it not better to have it tried in the Neighbourhood, while it is fresh, green and new, when the Witnesses are alive, and in places wherein their lives and conversations are known, then seven, ten, twenty, or thirty years after the suit is com­menced, when Knights of the Post may be taken as Witnes­ses, when the Lawyers shall baffle and confound Witness & Jury by their impudent sophistry and prattle, when things at great Courts and Assizes are passed over in hugger mugger for want of time to examine them, there being more care ta­ken to keep a precise hour for a Dinner, then precisely and strictly to see the execution of Justice and true Judgement in behalf of the poor, the fatherless, and when either party sees he is like to have the worst by common Law, then they have liberty to remove unto the Chancery, where a suit com­monly depends as long as a Buffe Coat will endure wearing▪ [Page 6] especially if the Parties have, as its said, good stomacks & strong purses; but when their purses grew empty, their sto­macks fail; then when no more corn is like to be brought to the Lawyers mill, it's usual to ordain some men to hear & end the business; but alas then its too late, for then pro­bably both parties, or at least one of them, are ruined ut­terly in prosecuting the suit, want of his stock, & following of his calling. What a folly is it, that all bargains in trade & commerce, forrain & domestick, must unavoydably run into this channel, to be debated by Lawyers, that under­stand it as little as they have uprightness, & be tryed by Jurymen, of which probably not one of the number hath the least knowledg in Merchandize. What an injustice is it that al Wills must be proved at London at such a vain charg & distance from the place vvhere the party deceased, vvhere they usually cannot knovv the truth of things, or little care vvhether they do or no, so their sees be paid, vvhere they often either take no security at all, or if they do, it may be it is such that is as good as nothing, vvhere every Tapster or Chamberlain, &c. that pretends himself a Freeman, is legal security; Hovv many Fatherless, Wi­dovvs, & orphans, are utterly ruined; by this the scripture saith, He is worse then an Infidel that provides not for his fami­ly; & to vvhat purpose is it in these times of corruption to vvork for children, if men die vvhile their children are yong, then they chuse some vvhom they expect vvil prove shepheards to preserve their children, but if they prove Wolves, where is the remedy; if men be in a way of trade, it's probable they may have in goods twice or three times as much left in their hands, as they are really worth, these goods the Executors or Overseers may & often have pro­cured means to be appraised at half or one third of the value, so accordingly they pay debts with a Plene Admi­nistavit; these poor yong children or simple women think not of, neither know not how to prevent it; by this means let a man die that is worth 1000. l. and the Goods in his custody worth 3 or 4000. l. his Creditors may be cheated of the most part of their Debts, and his Children left [Page 11] a burthen to the Parish, O England, England, why dost thou professe thy self the most sincere Nation for Christianity on the Earth, and dost suffer those things that the very Hea­thens have abhorred?

Object: But if men were not Contentious, they might speedi-and cheaply try any Suit at Law, it is the fault of froward spi­rits, that cause the great charge and delay, and not the Law it self: And it is just that the Law should be chargeable, else every man would be at strife with his Neighbour when the charge were little.

Answ. It is true, that injustice of one part or other, is un­disputably the cause of all difference, for both the Plaintiff and Defendant cannot be in the right; but were the Law made according to the mind of God, for punishment of those that do evil, and for encouragement of those that do well, then it would be founded on principles of Justice indeed, it would suppress strife▪ contention, and debate, it would quickly put an end to all suits and Controversies▪ it would not protect the contentious spirits, nor nourish their divel­lish nature, it would not suffer Might to overcome Right, as usually it doth in these dayes, it would not shelter great Landed men in prison in the Upper-bench and Fleet, &c. that have large, real Estates, which they spend voluptuously and riotously, whilst their poor Creditors lie starving in nasty prisons: This is Monstrum Horrendum, an abomination that let what will be pretended, for it is not tollerable under the Government of a right constituted Common-wealth, how long soever it hath been continued under tyrannicall Mo­narchy; But to sum up all in brief, the Law in the generality is unjust and irrational, the execution desperately dangerous and chargeable, it is easier to find a thousand evils in it, then one true principle in matter and form. What if an Atturney or Councel take cunningly a bribe from an Adversary, and make a compact with him to cheat his Clyent, as it is too of­ten practised, and seldome discovered.

What if a Judge accept of a Bribe, and by over-awing the Court, carry a case against Law and right; if he make it a [Page 8] president, may it not be the ground to cheat many after it. It is remarkable, when neither the letter of the Law, nor rea­son can carry a business, then those that are subtil Counsel­lors, and are highly fed, (for without that nothing can be expected) usually produce presidents; and these are imposed on the Jury for current Justice, when probably the ground of them was bribery and baseness.

There is Law, Reason, or Equity in England to try & end all Titles, Debts and Trespasses depending by suits in all Courts, or there is not: If there be, let the Parliament ap­point a certain number of knowing men, the most conscien­cious they can think of, in several Cities & Counties, to make it their sole business in a limited time, to hear and determine all old suits, allowing them a moderate sallary by the pound, to be paid by him that is found the offendor; and let not things depend ad infinitum in Courts: There may be as much injury suffered by the delay of Justice, as by denial of Ju­stice. When all old suits are ended, were there order taken in Hundreds and Cuunties to have all Lands, Leases, Mort­gages registred, and all those that should pretend any title, to make their claim in such a limited time as in reason may be thought fit, reserving some exceptions for some years for children, men in forreign parts, &c. And when all old suits were ended, all lands registred, and none to be leased, sold or morgaged, unless registred in each respective Hundred with­in one Month after the contract, it would take away the cause of most contention; & until the cause be taken away, the effect will never cease. Having often discoursed with Lawyers & o­thers, about the delays, burthen and uncertainty of tryals at Law, I very seldom found any averse to Merchants Courts, in regard that it is apparent, the affairs and dealings of Mer­chants cannot properly be understood but by Merchants who know the mysterie of Trade, which neither Judge, Counsel, nor Gentlemen that never were educated therein, cannot possibly do; for what a ridiculous thing is it; that the Judges in Chancery must determine of Merchants Negotiations transacted in forreign parts, which they understand no better [Page 9] then do their seats they sit on: And so they are as capable to do equity therein, as a blind man to shoot a Hare. Now if Courts of Merchants are most, nay, I say, absolutely neces­sary for deciding of controversies in commerce; and the rea­son given for it is, because they best understand it: The same reason holds good, that Countrey men, Clothiers, Weavers, &c are most competent Judges of Countrey affairs of those callings they live on, and understand; they better know the value of trespass that is committed by Cattel on Corn, &c. then do the Citizens that hardly know how Corn groweth. Can the people of London, or Masters of Chancery, judg the equity of things acted in Cornwall or Wales, better then the chief, able men of the Neighborhood▪ Now if England were so happy to have respective Hundred-Courts, and no appeals to be made further then the Quarter-Sessions; were these Courts rightly constituted, and strict penalties to be inflicted on the receivers of bribes, as cutting off their noses, banish­ments, or the like (which is absolute necessary for a false Judg, as both a thief & murtherer) where none of the Court (the Register excepted) should continue in power to judg but one year together, where they should not be Mercenary, where a man might speak his own cause, or employ his friend whom he pleased, to speak for him, there would be then ground to expect Justice and Equity speedily; there would not be, nei­ther rationally could, lying, sophistry, or quibbles, to pervert the understanding of the Court, there being always time deli­berately to hear the business, and to examine the Witnesses, when the matter was green and new. Were it ordained that all Wills should be registred in each respective Hundred where the party had his abode or Trade, that the Overseers of the Parish were bound by oath and penalty forthwith to inform some members of the Court who had power, upon first no­tice to appoint one or two able men to take care for the pre­servation of the goods of the party deceased. That at a cer­tain day all the moveables were to be sold to him that would give most; with this reservation made, that the Wife, children▪ executor or administrator might, when the highest price were [Page 10] offered, have liberty to take it at the same, that when the goods were sold, the true value were registred in the Court, that no Executor should have any Administration granted, without giving security to the Courts liking, of two able men besides himself, that in case the Executor neither could nor would give good security, that then the Court should be the Executor, and take care for the discharging the Debts, pro­viding for the Widow and Children. That the Executor should yearly give an account how he did dispose and ma­nage the Estate to the Court; how he educated or bred up the Children, &c. That if the Court remained in possession of the Estate, then that it might be lawful for the Widow, Children, or Friends, to have redress by the Sessions-Court upon complaint and proof of injury. That the Lands and Estates of all and each respective person in the Hundred, were liable to make satisfaction for any Widows, Fatherless, or Orphans Estate that were put into the Courts hands. This would make the people take care in the choice of their year­ly Court, called Judges, or Juryes, or the like▪ Now if these Registers of Lands were kept, if the Estates of the deceased were so to bee secured; if all Debts were liable to be recovered in each respective Hundred, this would prevent Law-Suits, this would disable the cunning subtile people from finding out ways to cheat their Neigh­bours; this would discover those that were contentious and troublesom, on which people truly, I think it were but just to inflict some badge of disgrace, whereas in these days, none are more encouraged by Lawyers, Counsellors, &c. but those that are most contentious.

I Do do not give this Title to flatter & collogue with you, but do really hope that your future actions & designs will make you worthy of it: Ye have now a great and weighty work to perform, even the restoring to life, the liberty & se­curity, a dying inslaved destructed Nation, whose utter ruine wil quickly ensue, unles ye work whilst its day unles you make use of the present opportunity that God hath put into your hands: Its not now time for ye to think of framing a Com­mon-wealth-Government by any president or practises of Monarchichal laws formerly made by King or single persons which solely tended to preserve themselves and their poste­rities in their unlimited Oppressions, Monarchy is an abso­lute Antagonist to a free State, and so are all the Laws, and Rules made by Monarchs. The Hollanders when they resisted the Tyranny and Persecution of the Spanish King, (who had a farre more Legal Title to be their So­veraign, then the late Norman, Scottish Familie had to be the English) Never consulted with the Lawes of their King to make Fundamentals for a Free State, they Nobly, and Resolvedly shook off all the Props of Tyranny, as they had done the Tyrant himself; And to their gallant Re­solution, God gave such a blessing, that from a poor mise­rable [Page 12] people, a distressed State. They are now become Potent, rich & dreadful: Ye are now involved in a labyrinth of debts, contracted by the late Usurper, not on necessity, but on am­bition. The people of the Land are almost generally impove­rished and indebted, and yet we will unavoidably be inforced to raise great sums to pay the Arrears of the Army & Fleet. Now as ye are necessitated yet to continue some burthens on the people, so also there is a like necessity in point of Justice and prudence for you to ease the people of others. The Lawyers interest tends neither to the Honour, safety, nor be­nefit of the people, nor your own in particular; Who have been greater Enemies against the establishing a Free-State then that Generation? Who have done and still do more discourage the Nation from a cordial compliance to this Go­vernment then they? How often have they cryed up a neces­sity of the executing Law in the name of a single person, al­ledging the Laws of England could not be managed any o­ther way; as their interest is engaged to Monarchy, so let it fall with it, let them be condemned out of their own mouths, Nec lex est justior ulla, quam necis artifices arte perire sua: Must the people not onely pay for the charge of your Forces by Land and Sea, but must they pay also Millions of Mony year­ly to a mercenary, corrupt, useless generation of Men, who are worse then the Egyptian Caterpillers, for they devour not onely the green leaves, but hundreds of poor Widows, Fa­therless, and Orphans. These are the insatiate Canibals, whose Carkasses will never be full gorged with the spoil of the poor & innocent, until the worm gorgeth himself on theirs. Those Gentlemen of the Long Robe that are amongst you I hope cannot say less, then that there is great reason to ease the people herein; What if they have heretofore thriven highly by the practise of Law, Nunquam sera est ad bonos mores via; Are they not thereby the better able to maintain their Port & garb? Is it not now time to think of their latter end, to cease to do evil, and learn to do well? I hope the Proverb will not hold true in them, the older, the more covetous▪ Now its time for them and the whole Parliament, unanimously and vigo­rously [Page 13] to do good, to vindicate their former almost (shall I say deservedly) lost honour and reputation, and to secure their Estates to their posterities: Ye have now the hearts and pur­ses of a resolved honest partie, that will not onely make ad­dresses to you, like the late addresses to the single Person, but will stand and fall with you in all just things; but if ye turn back from the streight way of Justice, if ye seek to make your selves, Families or Relations great by ruining or burthening your Country, if ye make or maintain the Lawyers interest, turn aside the needy from Judgements, and rob the Widow and Fatherless, then will ye be forsaken by God and all just men, then will not your Mountains of Treasure, nor num­bers of Lordships, nor fawning flattering Parasites, any wayes help you nor deliver you, Sed meliora spero.

YE have once more erected the words of Salus Populi, and declared it ought to be Suprema Lex; the Good old Cause is now cryed up: If your words and hearts go together it is well, it will be the peoples profit, your honour and safety; But if your zeal exceed not Iehu's, it will signifie nothing, the Nation hath been too long abused and cousened by fair words, so that they begin to say, who will now not onely speak, but do us any good? who will prove such self-denyers, as to prefer the Countries ease before their own honour or profit? This is that is expected from all sorts, and satisfa­ction cannot be given to the people, but by it; Its not now a time to cry out for Acts of Indempnity, which will unavoi­dably burthen and punish the Innocent, and let the guilty go free; will ye have all the corrupt mercenary Creatures of the late Tyrants lust justified, and all their ill gotten goods secured? is there no pity, remorse, nor compassion dwelling in you in tenderness to the undone people? What means all your glorious Declarations? What means all your pretences of Religion? What means your Fasts? will ye under pretence of long Prayers, devour Widows Houses, consider what Fast God requireth at your hands, Isa. 58.

But if at last nothing will divert you from this stream of Injustice, Give the people who have long fed and cloathed you, some satisfaction; As ye are willing to excuse the guilty, so pray let the innocent go free; give the people an Act of Indempnity, and free them from paying all, or any part of Arrears that remain due to you for for your service in the Tyrants usurpation, especially you that are the Grandees of the Army (who have sufficiently already gotten by the poor Souldiery, in putting a necessity on them to sell their arrears to you for a matter of nought) Think no more of inforcing or perswading the Parliament by your Proposals (which are not worth—) to gratify a single Family and interest, for do­ing [Page 15] those things that rather deserve punishment; Have ye so much pitty to a particular Family, that have a long space lived in pride and voluptuousness, and have unwarrantable boons given so to continue, and is there no dram of com­passion left in you to the dying, starving Nation, O Tempora, Omores: Neither alone would I have you to cease from pres­sing these things aforesaid, but also to be instrumental to remove those grand, needless Oppressions which lye on the Nation. Be you at last instrumental to free your Countrey from the intollerable burthen of the needless Lawyers, who love none but themselves: Can ye forget that they were in the late great Protectorian Parliament, using all means to or­dain Laws to hang or banish you, and shall they now be pro­tected in ruining the Countrey by you? God forbid. Surely its sufficient for the people to pay Millions yearly to maintan the Army and Navy, and not to pay Millions yearly to that oppressing needless generation. I should wonder what spirits do possess you, if you now at last after all the conviction that you have declared, should think on nothing but cloathing your selves in vanity, in raising your Families to high Estates in insulting over your brethren, the people of the Land, who have not Bread to eat, nor cloathes to cover their nakedness. It's probable (and less then which I expect not) that there will be many, or some among you that wil passionately disre­lish these Lines; but if I am become your Enemy for telling you the truth, let it be so, Me me adsum qui feci in me conver­tite ferrum; Think not but that many others as well as my self, will still disrelish self-seeking and oppression in you, as well as they did did in the King, Protector, &c▪ Let England never have cause to cry out with the Poet, Rara fides probitas­ (que) viris qui castra sequntur.

YE have plowed Wickedness, ye have reaped Iniquity, ye have eaten the fruit of lyes, Hosea 10.13. The spoil of the poor and fatherless is in your Houses; ye are weighed in the ballance of Justice, ye are found as light as chaff, there is a wind risen up that will blow your Interest into the Land of Oblivion, all the mischiefs and evils that ye have done in se­cret, are now discovered on the House top: The cryes of the wronged and oppressed, the lamentations of the Widows, Fatherless and Orphans, God hath heard. Your Wickedness is now like the Amorites, at the height; the Sword of Justice is ready to cut it down; the Decree is passed against your le­gal Robberies; strive therefore now to learn Peace and Pati­ence; and an honester Calling, this will be your benefit & con­tent. But if ye still will resist and gainsay, know this, that assuredly you will perish in the Attempt.