THat Text from the mouth of God himself, namely, It is not good for Man to be alone; is a Primitive Precept, and needs no other argument to make society and humane Fellowship of Divine Right; howbeit we know it is the scope of the second Ta­ble, and at which it drives: This is therefore above the reach of reason or fancy to question; for the rule alwaies holds, that in Divine matters we are not to looke so much at what is commanded, as who it is that commands; not quid, but quis; not the thing, but the authority of the Commander; for it is, summa ratio, that mans reason should vaile Bonnet in all humility to the will of God, who gave him that rea­son: In humane or temporall things it is otherwise, for there where Gods will appeares not, reason rules; here we are not to consider the Commander so much, as the just­nesse of the command, not so much quis, as quid, and to order our selves accordingly: This society and humane Fellowship consisting chiefly of Love and Charity, which is the fulfilling of the Law, is a principle of Religion, because God directs it, and Religion cannot be where this is not. Lactantius saith, that Sola Religio esc, que hominum inter se custodit societatem; It is onely Religion that keepes and maintaines society among men: And for the preservation of this society, as Politicians say, were first private Families ordained, and so Townes and Cities, which in the way of lawfull order and government, with superioritie and subor­dinatie, [Page 2] makes a Common-wealth: And for this end are those two great Ordinances of God, Magistracy for distri­bution of Justice, and Civill right in the Common-weale, so much spoken of and insisted on in that 13th Chapter of the Romanes; and Ministery for dispensing of the Gospel of Peace in the Church, requisite. It hath not beene at any time among wise and rationall men asscrted, but that Go­vernment and Governours are necessary, and there can be no Government without degree and order, which keepes us from confusion; One saies, that Degrees were staires of Gods fabricke in the Creation, and that there can be no order without degree, order being nothing else but dif­ferencing of degrees, and a right disposition of parity and disparity. Job 10. 22. Before I goe hence, and shall be seene no more, even to the Land of darknesse, and shadow of death; into a Land, I say, darke as darknesse it selfe, and into the shadow of death, where there is no order, namely, Confusion. And al­though Government be requisite both in Church and State, yet we see difference in judgement which is the best; in the Church, some for Episcopacy, others for Presbyterie of se­verall sorts, and some for Independency; in the Common-wealth, some for Monarchy, others for Aristocracy, as in Venice, where rule and power is placed in the hands of such in whom is conceived best life and manners; others for Oligarchy, as in severall places in Sicilia, when a few wise or rich men governe; Democracy, as in Athens, where the Free-men, the greater number were Lords of the State, and ordered all at a Common Hall, or Assembly, by Vote, and some others for a mixture of all or some of these. We reade, that Ptolomy, King of Egypt, in one day feasted seven Am­bassadours of severall Common-wealthes, and of differing Governments, and desired them to instruct him in the best points necessary for preservation of a Common-wealth; The Ambassadours were, the Roman, Carthaginian, Sicilian, Rhodian, Athenian, Lacedemonian and Siconian, and they gave him severall answers relating to their respective Go­vernments; but Government it selfe, and the right of it, [Page 3] was never yet questioned to be necessary by any wise or ra­tionall man; for it is the Ship wherein the Common-wealth swimmes; and take this away, and it sinkes and ruines; and it behooves us, though never so meane, for safeguard of our selves and others, to keepe this Ship from sinking by up­holding of and acting in Government, and the waies of it in our severall spheares, and not to neglect it. Gentlemen, I am but a bad Arithmetician, yet methinkes I can cast up this ac­compt, and all these particulars into this sum totall, that Go­vernment is of pure necessity, and that no Body Politique, or Naturall, can consist without it; and that as a hungry man ne­cessitated, must not leave his meate because it is not so well dressed as he would have it; nor as the naked man must not leave his clothing because they are not so well made or sha­ped as he would have them: so, nay much more those in publique imployment in a Commonwealth, must not desert Government, because the way or forme doth not like them. Though one kinde of Government be better then another, yet take that is next rather then none, and to fall to their tackling; for although the course of nature in the body na­turall, may endure some time of restraint, yet in the body politique, Justice and the strength of it, cannot one quarter of an houre be suspended; for by that small time of impu­nity of Offendors, the Murderer, the Thiefe, the Oppressor, &c. destroyes all; and we have incouragement that our suc­ceeding Government will be good for the Parliament, the last Terme, did resolve and declare to maintaine the Fun­damentall Lawes of this Land, as they did by that their Pro­testation and Vow in May, 1641. which they tooke them­selves, and commended to all others to take; wherein they undertooke with their lives, powers and estates, to defend the lawfull Rights and Liberties of the Subject (which is the Law of the Land, the Peoples birth-right) and so have se­verall times since declared. Gentlemen, these are those Fundamentall Lawes which William the Conquerour either by agreement urged, or with the common equity of them being convinced, did notwithstanding his Conquest, yeild [Page 4] to. These are they that in the Magna Charta, or, Great Charter, made in the 9th yeare of H. 3. above 400 yeares since, are called the Liberties of England; and in the 20. of H. 3. when the Pope desired to change but one particular ground of those Lawes, as great as then he was, the Parlia­ment cried out, Nolumus Leges Angliae mutare. And in the Book case of 8. H. 4. fol. 19. it is said, The King cannot put his Subjects from their inheritance which they have in the Com­mon Lawes. And in 19. of H. 6. fol. 62. the Lawes of the Land are called, the high inheritance of the Kingdome, by which (saith the Booke) the King and People are guided. And that learned Bracton, severall hundred yeares since, said, Bracton, f. 5. c. 8. Rex debet esse sub Deo & Lege, quia Lex facit Regem. And in that old Statute of Premunire, made in 27. E. 3. against those that sue in forraigne Realmes: The words are these, viz. In destruction of the common Lawes of the Realm at all times used, not at or since the Conquest, but at all times used: These Lawes, like truth, are very aged, yet very fresh and good, without wrinkles, and of full beauty and strength, their age and duration shew the strength of their constitution, for weake and abortive births are never found amongst the workes of time; they have al­waies beene, and still are the strong establishments of, our enjoyments of liberties, priviledges, and properties, — Fundus à patre relinqui potest, at usucapio fundi, quae finis est solicitudinis, non à patre relinquitur, sed à legibus: But I shall say no more in this so plaine a matter, lest I have no better successe then had the Ambassadours of the Samians at Lacedemon, who having made a long and tedious Speech of things easy to be delivered in few words, and not seeing their errour, but expecting a gratefull answer, had no other then this slighting, We have forgotten one part of your Am­bassie, and the rest we know not how well to understand: Or as that Orator being very long in speech to Aristotle, de­sired pardon for his prolixitie: to whom Aristotle replied, Friend, thou hast no cause to aske me pardon, because I took no heed to what thou sayedst. And now we have looked [Page 5] upon the Foundations or Grounds of Government, and the Lawes or Lessons thereof, let us aime at and desire the fruits and blessings of them, namely, Peace, and pursue it; and the way of it is the course of Justice; the benefit is so great, we cannot measure it; we are to search for and finde out all Breakers and Breaches of the Peace, either directly or indirectly, by force or fraud, by strength or stratagem: This is a Court of Sessions of the Peace, so called, and we are all in a Judiciall or Ministeriall way, Members of it; the Verse is true, and pleasant to us, Nulla salus bello pacem te poscimus omnes. The Heathen Governours held it their duties not onely to uphold peace, but with their best indeavours to make and create it. I read that Archedamus King of the Lacedemonians had two of his great Nobles at jarres, which might indanger the Breach of the publique peace, and therefore he studied how he might in a wise and just way make peace and friend­ship between them; and because he conceived the just de­cision hard (although they had referred themselves unto him) would not judge the matter lest he might erre in judg­ment and so make the difference wider and harder to re­concile; and therefore, ordered them to meet him in the Temple: and there, againe, they submitting to his order & award, he ordered, that they should not depart out of it till they had agreed between themselves, and sworn friend­ship each to other. A faire light to us Christians, who are further ingaged that way than any Heathen for love to our Neighbour; the mother of peace is a principle of our purity and Religion. Saint Ambrose hath observed, That Grace and Peace were never used in greetings before Christ's comming; and since, they are become sisters and compa­nions. Now Gentlemen, as in the body naturall, diseased and corrupt members or joynts disquiet the body, and the peace of it, and ought to be cured or cut off; and for that purpose is the Physician and Chirurgion requisite; so in the body politique, the peace of that cannot be sure or solid but by taking away or curing the destructive and cor­rupt [Page 6] members thereof; and for that purpose is Magistracy and the dependants of it. And now the Gentlemen of the Bench, and you of the Grand Inquest at the Barre, this way are to employ your selves. And as you are to regard the publique peace as to the matter, so you ought to further it in the manner; namely, by, and not against the course of Law, which is the less [...]n of Justice: It is now time to shew and poynt out these maladies & putrifactions in the Com­mon wealth, and to which it is subject, and those are the particulars of your charge; and they in the generall con­sist chiefly in offences against the first Table, things that are or tend against the Divine honour and worship of God; And also offences against the second Table, in breach of justice, love, and charity towards men: And so I shall de­scend to the particulars: And first, to those which tend nighest to or towards the dishonour of God and against his worship, the duties of the first Table, and are as followeth, viz: you are to enquire if any within a Yeare & a day have depraved, despised or contemned the Sacrament of the body & blood of our Lord & Saviour Jesus Christ, either by word or otherwise, they are to be imprisoned, fined, and ranso­med. You are to enquire of all that neglect the Church on the Lords day, a time and place set apart for the divine ho­nour and worship of God, punishment is to be except there be a reasonable excuse: The default for a day is 12^d. for a month 20^l. You are to enquire if any by writing, cy­phering, printing, preaching or teaching, deed or act, extoll or set forth willingly the authority of the Bishop of Rome, or his Sea; the Party, his Abetters, Ayders or Comforters, shall be indicted within a yeare after the offence, and shall incurre a premunire, and the punishment thereof, as is men­tioned in the Statute of 16 Ric. 2. cap. 5. viz: out of the pro­tection of the Law, his lands forfeit, and his body to be attached, &c. If any bring into England any Agnus Dei, Crosses, Pictures or Beades, supposed to be hallowed or consecrated by the Pope, or by or under his authority, and offer to deliver them to the People, they incurre like penal­ty [Page 7] of premunire. Of all Jesuits, Seminary Priests, and o­thers, deriving their authority from or under the Sea of Rome. All those that goe or send their Children over be­yond Sea out of this Allegiance, to be resident in any house of Jesuits, forfeit 100^l. Those that by word or otherwise, disturb the Preacher in his Sermon, the Ayders and Abet­ters of such Persons are to be imprisoned for three months, and thence untill the next Quarter Sessions, and then bound to their good behaviour; and if they refuse, then untill they will. If any malitiously strike, beate, or wound any Person with any weapon in any Church or Church-yard, or draw any weapon there to such purpose, in this case by conviction of twelve Men, or by the oathes of two lawfull Witnesses, the Offender shall have one of his eares cut off; and if he want cares, he shall be marked in the cheek with a hot-iron with the letter [F] in token he is a Fray-maker; this Statute was made in 5. Edw. 6. a time of Reformation when the Gospel of peace was advanced, and we are in like times now, and had need take care that incouragement be given to those that will come to heare the glad tydings of their salvation. Of all perjury and sub­ornation of perjury; all witch-craft, conjuration, and sor­cery, invocation of any Spirit, or to consult, covenant with, entertaine, feed, imploy or reward any evill Spirit for any intent or purpose whatsoever, is Felony by the Statute of 1 Jac. cap. 12. and yet those were offences at the Common-law, as appeares by the Booke of 45 Edw. 3. fol. 17. and every of them, is Malum in se, (as in Law we call them) and so are many things against the Common-law in the same nature; although Statutes in such like cases adde to the punish­ment, yet makes not the offence, but were at the Common-law before Prophaning the Lords Day by sports or volun­tary works, as Drovers in driving Cattle, Shoo-makers, and others by working or carrying home wares, this is the day which Christians ought to consecrate for the divine worship & honour of God, the duty of the first Table, wherein none other then the works of preservation and charity ought to [Page 8] be, as by the Gospel-example in plucking eares of corne, and taking the Ox out of the ditch, &c. All those that common­ly use prophane oursing and swearing, those cock-brain'd and wanton Sinners that brings displeasure to the Hearers, and disprofit to themselves; they might be better Masters of their mouthes if they would think of Gordius the Martyr who when he was carried to execution, his seeming-Friends desired him to change his opinion; but he answered, The tongue ought not to speake any thing to the reproach of him that made it. Also, if any keep a House of common Bawdery, it is a horrid vice and breach of the peace; and the Common-law had alwaies conusance of that to punish it, and well it may; for, it is destructive to a Common-wealth, and the way to Hell through the Chambers of death, as Solomon sayes; and you know that Youth is the stock of the Common-wealth, and strength is the glory of the Young man, and wisdome the honour of the Aged; but this rots a Common-wealth at both ends: for, here the Young may loseth his glory, that is, his strength; and the Old man his honour, that is, his wisdome. The offences upon the second Generall; chiefly against the second Table: such as come to my memory, are these, within the conusance of a Sessions, petit treason, murthers, man-slaughters, robberies, burglaries, thefts, rapes, sodomies, bug­geries, and other such things, every one of which, the Com­mon-law calls, malum in se, and reacheth the life of the Of­fender. Mayhems, batteries, riots, routs, unlawfull assemblies, extortions, frauds & deceits in measures in things measurable or in weights in things weighable, uttering of corrupt victu­all or unwholsome beere: Anoyances in the high-wayes, & such things; every of which, is, malum in se, but reach only the corporall & pecuniary punishment, and not life. And then there are other things also within your conusans that are made offences by Act of Parl: which otherwise are indiffe­rent in themselves, but so made for conveniences of times and Government, and are called, mala prohibita, and the rule that one remembers may well be applied in this case; [Page 9] namely, humane lawes are called temporall; for, although they be just, yet may they justly be changed according to the times, such are Fore-stallers, Regrators, Ingrossers, the Caterpillars of a Common-wealth in times of scarcity. And not mending of bridges, cawsyes, high-waies, especially in this County where the wayes be so bad and deep, that things cannot be carried to the Market easily, and so helps to a Famine. Not scouring of ditches, or not taking away the drippers or bushes in the high-waies. Hunting in any Forrest, Parke or Warren in the night, or with Vizards or painted-faces in the day, is felony. Taking of Phesants and Patridges with nets, or other engines, I shall not need to lay open the extent of all these, onely those most difficult: Pettie-Treason is where a Woman, killeth or poysoneth her Husband, or a Servant killeth or poysoneth his or her Master or Mistris; and so where Sonne or Daughter, living with the Father or Mother, kill or poysons them, in case the Partie so offending be of competent age to know what he or she doth, and be of sound minde, not mad or lunatique; the Law intends obedience and trust betweene the Parties, and therefore the offence is greater in esteeme of Law than ordinary Mur­ther. It hath beene held, that if a Bastard kill its Mother, it is also Pettie-Treason; and reason, for the Law of Na­ture holds betweene them (though the Law of the Land thinke not of relation in point of right of succession) and deprives priviledge. The rule of distinction both at com­mon and civill Law, is Sanguis naturalis, & sanguis heredita­rius & civilis, The civill or hereditary bloud may be cor­rupt, but the naturall bloud cannot: And that old Booke makes it good, where the Mother was attainted of felony, and the Daughter kils her; this was pariside, for they were Mother and Daughter, notwithstanding the attainder, but the Daughter could not be Heire by reason of the attainder and corruption thereby of the Hereditary bloud, which bloud the Law creating is lost and forfeited, and so An­cestorship and Heireship, or that jus successionis, as the Ci­vilians call it, is gone. Murther must generally be where [Page 10] malice is fore-thought, yet in some cases hot bloud will not excuse; as if one on a suddaine without provocation, Dia­bolica instigatione, kils or poysons another, for the Law pre­sumes malice. If an intent be to kill or poyson one, and it happens on another. If the Sheriffe or other Minister of Justice in execution of his office upon another, be killed by him, it is murther in favour to the execution of Justice. If one comes to anothers Orchard or House to robbe him, and the Owner rebuke or oppose him, and the Owner be killed, it is murther. If a Rioter, Router, or such like, kill those, or any in authority, comming to suppresse them, &c. is of like nature: These are cases out of the generall rule. All present, aiding, abetting or comforting, are principals, although but one gives the stroke, accessary is the Comman­der or Assenter not-present. Stabbing with a Dagger, or other Weapon that is not usually worne of a suddaine, is murther by the Statute of 1. Jac. And if any Bill of Man-slaughter come before you, and you conceive it will be mur­ther by the evidence acquaint the Bench, that a Bill of mur­der may be preferred, That so crying a sinne as murther may not goe unpunished. Man-slaughter is in hot bloud, and with sudden provocation so qualified by Law, because of the generall passion and infirmity of men. Robbery is where any thing is taken from the Person of a man felo­niously. Burglary, is breaking of a dwelling-house, Church-wals, Towers or Porch in the night, with intent to commit felony, although they take nothing. If any put his foot over the threshold, or any part of the house in the night to steale, it is burglary; but if it be to other intent then to steale, it is not burglary. It hath beene adjudged letting one downe a Chimney, although he breake not the house, if it be with an intent to steale in the night, it is burglary. Theft is taking away of another mans goods secretly, with intent or minde of stealing them. By the common Law a Servant entrusted with his Masters goods, could not steale them, nor a Wife cannot steale from her Husband; here is no taking away, for the possession was in them; but by the [Page 11] Statute of 21. H. 8. a Cooke, Butler, Horse-keeper, Shep­heard, &c. intrusted with their particulars, and going away in a secret manner with them, are felons. Burning of a Mansion-house or Barn adjoyning to a Mansion-house, is felony. Rape is carnall knowledge of a female under ten yeares of age, or any other woman (of what age soever she be) against her wil. Sodomies & Buggeries, not to be named amongst Christians, but it is fit they should be knowne, that they may not goe unpunished; the one is that abominable and carnall poluti­on betweene mankinde; the other is by man with beast. Mayhems and Batteries, you know what they be. Riots, where three or more are got together to doe any unlawfull act, and doe it. An unlawfull Assembly, where they are got together to doe any unlawfull act, but doe it not. A rout, where they are gathered together without authority, meerly of their owne heads, and their intent is not knowne; or where they give out they will breake hedges or inclo­sures in a Towne, &c. these are in severall degrees of offence and punishment. Extortion, where any Officer under co­lour of his office, extort beyond their Fee allowed by Law. You know what the frauds and deceits be by false measures, weights and ballances, either in corne, bread, beere, Millers in their tolls, or otherwise, selling of corrupt victuals, or un­wholsome drinke, your skils and diligent cares are to know, and enquire them out. Butchers blowing of their meat with their breaths, no question is within this branch; for many of them have unwholsome breaths, and the meat blown cannot be wholsome by whomsoever. The offences that are, Mala prohibita, are neglect in the high waies, what are neglects ther­in, and the manner of proceeding to those amendments, are in the Statute of 2. and 3. of Philip and Mary, &c. And over­dripping with bushes, trees or otherwise in high waies, are presentable; and so not scouring of ditches. A Fore-staller is where one buyes or causes to be bought, or contract for bargaines, or promiseth to have any Merchandise, Victuals, or other things comming by land or by water towards any market or faire to be sold; or shall by word, letter or o­therwise, [Page 12] move to inhance the price, or disswade any Person from bringing to the Market. A Regrator is he that buy­eth and selleth in the same Market any Victuall or other things to be sold, or in any Fayre or Market within 4 miles. An Ingrosser is he that buyes corne or other provision of Victualls with intent to sell the same. For some others of this kind which are mala prohihita, I mentioned before. Onely. I did forget Ale-houses, the multitude of these I take to be the great bane of the Common-wealth, & I wish that the Justices would forbeare their licencing of them except in open Sessions, where exceptions of the Country may be taken against Person and place; here begins the seed or core of all mischief; hither resorts the Murtherer, Thiefe, Drunkard, Swearer, Curser, Adulterer, &c. and here is the Devils Free-schoole, here was the birth of that Monster which hath almost destroyed this Nation, (I meane Drun­kennesse.) It is strange that it should be fostered here when almost all other Nations would not suffer it to enter; the Moores to keep their Children from this vice, tells them, That there was a Man of an austere course of life, and the People being all lewd about him, would compell him to commit one of three crimes, and for that purpose they set before him a Bottle of wine, a Sword, and a Woman; and he did chuse the Bottle of Wine, as the least; which being dranke up, he assaulted the Woman; but being opposed, he takes the Sword and kils the Opposer, and then acts the other; and so committed by Drunkennesse all three. I read that the Romans resolved warre against the Sarmates, and Lutius Pius was created Consul, and appointed for this expedition, and had various and long worke with them, and concluding truce; having diverse times banqueted the chief Captaines of the Sarmates, and perceiving them liquorously given to Wine, at last made them a bountifull Feast where was plenty of Wine; and they, in their drunken humour, yeilded their Province tributary to Rome: the Wars being concluded, and the Consul returning to Rome, demanded Triumphs usuall for Victors, which was not only [Page 13] denied him by the Senate, but the forme of his Victory was so abhorred, that publickly they put him to death, and for his greater defamation made this Epitaph upon him, [Here lies the Consul Lutius Pius, who not by Armes in Field, but by Carousing at his Table, not by the Launce, but by plenty of Wine conquered the Sarmates:] And in further disgrace, caused publickly to be proclaimed throughout Rome, That whatsoever had been won in the Roman Peoples name by Lutius Pius should be accounted as nothing: And wrote moreover to the Sarmates, that they denied any conquest of them, but referred them to their former priviledges and liberties. I call thus much to mind to stirre up your consi­deration to all things, and leave them & what other things I have forgotten, and may come to your memories usefull for you, to your care and diligence.

The other Charge upon the Commission of Sewers.

GEntlemen that are summoned, impannelled & sworne on these two Juries, It may be expected by reason of the consequence to the Common-wealth, and the seldome actings in these affaires, that I should be tedious in what I have to say, but I shall order it otherwise, seeing you know­ing Men: As when I meet with understanding Travellers, I can as well point them out the way with my finger as if I traversed the ground with them my selfe: So I shall deale with you at this time in the sense of my mind; I shall onely remember you of the chief heads and caracters, ra­ther then coast about all the particulars of your Charge: And in that also I shall goe the plaine and ordinary course [Page 14] in all businesse of weight: First, to looke at the end and object-matter; and then the authority or circumstance: First, the legallity and justnesse of the thing; then the waies or meanes to effect it: you know prius intelligere & deinde accedere ad opus, first to understand, and then to proceed to the work, is an old and a sure Adage; and if precept and custome were wanting, common reason would teach us the use of it; for the mind is the cisterne, and outward action and speech is but the cock; therefore it is fit we see what water is in the cisterne before we let the cock goe: and much agreeing to this is Solomon, who saith, That the heart of a Foole is in his mouth, but the mouth of the wise is in his heart, signifying thus much unto us, that the true coyne of all outward actions must first have their stamp in the mind and understanding. Gentlemen, the end and object-matter of your imployment, is, the good and benefit of the Com­mon-wealth, and for the preservation of this our Island in the suppressing or wel-ordering of that cruell and raging enemy, water, be it by Sea or fresh Rivers, I meane in the overflowing or excesse of it: Our duty extends it selfe to those that are either publique or private, and becomes theirs: It concernes every one in his particular care, but much more those in Government or Authority. In the Ship care lies upon the meanest Mariner, but more in the Master or Pilot by reason of the addition of trust reposed by others in them; and so in the Ship of the Common-wealth, the greatest care ought to be in the Magistrates, and those in publique employment to keep it from sinking or destruction: We read in very antient Histories, this rule given them, Videant Consules & caeteri Magistratus ne quid detrimenti capiat Respublica, that Magistrates and Gover­nours see to it, that no losse, damage, or prejudice by their neglect accrewes to the Common-wealth. And if those Hi­stories speak truth, this was such a hold-fast to Governors to defend the Peoples Liberties, and the Common good, that if by no other meanes they might performe their trust, they might doe it by taking up armes even against Caesar [Page 15] himselfe. The conusans of Sewers was naturally and origi­nally in the Common Law of the Land before any Statute. And so we may find by the 10. Rep. in the Case of the Isle of Ely, and in Sir John Davyes his Irish Reports in the Case of the Royall pischarie of Banne, and in the Register, and in Nat' Br. fol. 113. They agree, That the KING in common justice ought, (I say not by grace and favour) but in justice to issue out Commissions to regulate these defaults: And if Authorities were not in the point that the Common Law originally had conusans, the reason of Law would teach it, for it is a generall rule and maxime therein, That what is destructive to the Common-weale or Land, or is to the generall corruption of the good life and manners of the People are offences against the Law, and punishable & remediable thereby; and this agrees with a fundamentall and generall rule of humane Lawes; Omnia quae Reipublicae sunt salutaria legittima semper, & justa habentur, all things beneficiall to a Common-wealth are accounted lawfull and just. But, I conceive, all are well satisfied with the object-matter of our imployment, and that it is compleat & quadrate, in that it is a work, bonum, & justum, salus po­puli, securitas Reipublicae, it is just and honest, benefici­all for the People, and safe for the Common-wealth. But some are not satisfied with our Authority, whereby we act and doe these things: And yet they grant, that a Commission under the Great Seale of ENGLAND is of that great esteeme by the Law, that it is a Re­cord, That the Commissioners therein are Judges of re­cord; That the proceedings thereof are also matters of re­cord, and therefore ought to be committed to writing, and not be acted by words onely, as it is in Nat: Br: in his Writ of surety of the Peace, and 8. Rep. in Doctor Bonhams case, and as appeares by the Booke of 10 H. 7. fol. 17. And they will also grant us, that the Great Seale of England is of such honour and height, that it cannot directly be (in course of pleading at Law) traversed or denied; but if you will impeach it, you must goe modestly to worke, as to doe [Page 16] it by a non concessit, &c. as in Plowdens Comment, fol. 232. in the Lord Berklies case, and 6. Rep. in Edens case. And yet I say they are not satisfied with our authority, and take these three exceptions against our Commission and Seale. First, that the Stampe or Effigies of the Seale is new. Se­condly, against the hand or power by which the Stampe or Effigies is made. 3. The Commission, Custod. Libertat. &c. is new in forme, and darke in phrase, and not to be under­stood. Although it were no contemptible answer to all these exceptions, that what is just and honest for a man to doe, it will never offend his conscience to performe, in case he did it without a publique authority, or by an invalid authority, which is equivalent and all one with none at all, and the rather and especially it will be no offence to con­science, when as no authority appeares countermanding or prohibiting him: Yet this shall not be set down by, but every particular exception shall have its visible or rationall answer severally. First, the Stampe or Effigies of the Great Seale have beene often changed, as you may see if you looke no further then Speeds Historie, where sometimes the Crosse and other Effigies in severall times doe appeare, and where their varieties are painted. The Effigies is not the vertue of the Seale: But the honour and vertue of the Great Seale is, because it passes all Originall proceedings of Justice, and is the signall or testimoniall whereby they are knowne; As also passes all publique instruments of Government and State, and it alwaies lies at the open fountaine of Justice, where the People without any stoppe may have it for their helpe and reliefe. And therefore it is called the Great Seale of England, and not of any King or particular Person; And if so, why is it incongruous to have the whole People repre­sented in the Effigies of their Representative, the House of Commons. Secondly, the hand or power that stampes or causes this Effigies, are such who at the beginning were in a Parliamentary way elected by the People to establish or re­peale Lawes. Are such as have severall times protested deeply with their lives and fortunes to defend the Funda­mentall [Page 17] Lawes of the Land, and the just rights and Liber­ties of the People (which in reality, are the Lawes of the Land, being their Birthrights.) Are such, as when the Autho­rity was so, that no question was of it, had a Grant from that Authority not to Dissolve untill they would them­selves; which they have not yet determined. Are such as sit in solio Justitiae, in the forme, way, and Councell of Ju­stice: and you know what priviledge and addition Moses Chaire gave even to the Scribes and Pharisees, and who it was that said, Heare them there. But besides all this, ever since God made all things out of nothing, and order out of confusion; every Man or Creature in this Creation by Di­vine precept, nature, and reason, is to banish and oppose confusion. Hence it comes, that Government it selfe is of Divine Right (if reason may judge) because it is the onely banke against confusion, and there is no Government with­out order: and God by his patterne of the little world [Man] hath shewed more lively what the great one should be, or all Common-wealths in it: as in the body naturall there are degrees in members, the head, the armes, some superiour, others inferiour: So it must be in the body po­litique of the Common-wealth, in the Governours and Members of it there must be Government by Superiority and Subordinacy: Hence it came to passe that some who were in publique imployment before the late changes (and who doe not love to borrow other Mens eyes to see by in a businesse of such weight (but to see by their owne so farre as their light will carry them) or to follow example fur­ther then they see it agree with rule and measure) concei­ved it conscience to proceed in Government, considering that conscience must be grounded upon these foundations or principles; namely, Gods law or will where it is mani­fested or expressed, and where Gods word doth not mani­fest the thing, Reason upon good principles must work out conscience, and what is under or below reason, is will, plea­sure, &c. and not conscience: It is no ground to say, it is my conscience, because it is; and such like fondnesses: Consci­entia [Page 18] est infra Deum, & supra homines, it is below and liable to Gods wil, but it is above Mans. I say upon these grounds, and not upon feare or flattery of times or Persons, as some have scandalously imagined: Did these Gentlemen conceive in conscience they ought not to desert Government. As also by the same reason, that one might give it over a second, a third, and so by consequence all might desert Govern­ment, and then would come that horrid and loathsome monster, Confusion; which by the law of God, of nature, of reason, they conceive themselves in duty even to the breach of their fortunes, shoulders, strengths and lives to expell. Thirdly, either the Exceptors are much mistaken, or that antient, learned, and famous Historian, Livy, in his Second Booke; and that deeply studied Lawyer in Anti­quities and other studies, Boden, in his Third Booke of his Common-wealth are falsaries and forgers; for, by them it appeares, That the Tribunes amongst the old R [...]mans were called, Custod' libertat' Populi plebis{que} Romani, The Kee­pers of the Liberties of the People: So then the forme is not new, nor is the phrase darke; for these Authours have drawne the curtaine, and made appeare that to be a faire spatious roome which was conceived a close and darke corner; And there the Honour and Authority of those Keepers of the Liberties of the People are much to be seene: And as the Lawes with them were the Peoples Liberties; So our Lawes with us are the Liberties of Eng­land, as Magna Charta calls them: And they having from time to time spent this Nation so much treasure, blowes & blood to preserve them; these jewels are now fit to be kept in the bosome and strong-hold of a Parliament and People, or be lodged where they may trust them. And now Gentle­men, if the thing be just, and the Authority valid, we ought to assume the trust upon us relating to Law and Govern­ment, and the sacred bonds of our Oathes, we must perform it with sincerity and faithfulnesse, and with wisdome and circumspection in the matter, and with diligence in the manner of our proceedings; wisdome is to foresee errors [Page 19] and Evills before they be committed, or if once commit­ted suddenly to amend them; diligence hath reference to the Body & mind: In the Mind, it is study and meditation; in the Body, it is labour and action; Diligence zealously and affectedly pursues its ends and aimes: And wisdome foresees and removes all lets and hindrances. If wisdome hath not strength to see the Rockes and Gulfes of anger, fear, favour, private ends, flattery, bribes, and such like, and to remove them; diligence will soon be blockt up, be­sieged, and streightened, so wisedom and diligence are good Concomitants, and are well matched together, and yet in degree and order the one superiour, the other subordinate. It is a fiction, but taken up by the Philosophers, that the god­desse Wisedome was the chiefe of the councel of the gods; and that Fortune envying the others glory and honour, did attribute that to her lot, which was gained by the others providence; whereat the gods were so angry, that they ever after cast that rash, giddy and wanton goddesse, For­tune, out of their councels; signifying unto us, that in weigh­ty matters we must be serious and knowing, and not put things rashly to lot or hazard. And now seeing the thing is just, the authority valid, and the trust assumed, it is fit some of the particulars of our worke should be laid open and unfolded, wherewith these are all cloathed: I shall put you in mind, that England, as Geographicall Historians say, is a compleat Island in all parts but towards Scotland; and therefore this our Commission of Sewers very requisite, and the statutes upon which this Commission is grounded, are liberally and beneficially to be expounded, for the furthe­rance of the work, pro bono publico, and are of large extent reaching to persons, actions, and things, viz. To persons who they be that are to be punished, or releived. 2. To actions, what must be done for the suddenest, and best amendment, and in what manner by timber, &c. Carts, Horses, &c. 3. To things either to those of offence, or those of defence. All that are annoyances, lets, offences, impediments in them­selves are to be suppressed, as Streames, Mils, Bridges, [Page 20] Ponds, Fish-garthes, Mil-dams, Hebbingweres, Hecks, and Flood-gates: And all those that are helps, or defences, are to be nourished, and maintained, as Walls, Banckes, Ditches, Gutters, Shewers, Goates, Calcies, Bridges, &c. I shall not lay open particulars any further, the Commission is much expressing in it self. I desire your care and consideration of what you know: and as you shall find these particulars, or any others necessary in this businesse present them. I told you at first, I should not recount all the particulars of your charge presuming on your knowledge and experience: And so without further expence of your time, I leave you to your work.