Murthering, and Destroying of His religious, honest, and well-meaning People, and then knowing not only their Intereft in, but their Power over the Houfe of Commons, they doe not fo much petition, as command them to accept of their Affiftance, for the Rayfing a new Army, and in expreffe Termes prefcribe unto them, and limit them to a Committee of their owne Nomination, for the feizing and receiving of fuch Summes, as the willing fhall thinke fit to offer, or they shall think fit to extort from the unwilling for this Service: And that you may judge of the whole Bunch by fome, they name Pennington the pretended Lord Mayor, Strode, one of the five Members, Harry Martin Plunder-master Generall, and Dennis Bond Burgeffe of Dorchester, and Patriarch White's owne Disciple, a Man of a double Capacity to be a Rebell, and finding themselves more alone in these Undertakings than they did imagine, like defperate Traitors, they call on the whole Kingdome, as one Man, according to the Intent of the late Covenant, to joyne with them in this Rebellion. And having thus taken. a Course to raise new Forces, on Saturday the 29. of July, at a Common Hall, they voted Sir William Waller, Generall of their new intended Army, whom to indeare the more, they intereft him in the Governement of the City, hoping that being as mad as his Lady, he will hold up the Rebellion, as long as he can, and then be one of the laft to runne away: I meane not from Battell, for in that he fhewed himselfe as forward as the foremost, but from Justice, and the due Reward of his Difloyalty. By all which it is moft evident, that this Languishing Rebellion had before this Day gafp'd its laft, and given up the Ghoft, had not this rebellious City by its Wealth, and Multitudes, fomented it, and given it Life. If therefore Pofterity fhall afke, who broke downe the Bounds, to thofe Streames of Blood, that have ftained this Earth; if they afke, who made Liberty captive, Truth criminall, Rapine juft, Tyranny and Oppreffion lawfull: who blanched Rebellion, with the fpecious Pretence of Defence of Lawes, and Liberties, Warre with the Defire of an established Peace, Sacriledge and Prophanation, with the Shew of Zeale, and Reformation: Laftly, if they afke who would have pulled the Crown from the King's Head, taken the Governement off the Hinges, diffolved Monarchy, inflaved the Lawes, and ruined their Countrey; fay, 'Twas the proud, untbankefull, fchifmaticall, rebellious, bloody City of London, fo that what they wanted of devouring this Kingdome by cheating and couzening, they meane to finish by the Sword. That therefore thefe dangerous Defluxions, and continuall, not fmall Diftillations, but Floods of Men, Money, Ammunition, and Armes defcending from the Head City, and Metropolis of the Kingdome, may not for ever diffolve the Nerves, and luxate the Sinewes of this admirably compofed Government: it will highly concerne this Nation to looke about them, to undeceive themselves, and to confult their owne Peace and Safety, by joyning with their gracious Soveraigne, in chaftizing thefe rebellious Infolences, and reducing this stubborne City either to Obedience or Afbes. Yet that the World may not thinke, that this Inundation of Wickedneffe wherein the Divels of Rebellion rage in the Children of Difobedience, hath involved all of us in the fame Difloyalty, let not (good Brother) the Name Hhh 2 Rufticus Rufticus neither deterre you, (as if it were a Solecisme, to tell the Murthers, Robberies, Plunderings, and other Outrages, committed in the City, nor deprive us (a Handfull of faithfull Subjects in Comparison of the Rebells, the Puritans, Brownifts, and Anabaptifts) of fo great an Opportunity, to juftifie our Innocence. Let the Country know, that we have been at the Charges, to undoe, not onely them, but our felves too, the Colloffe which we have built, is fallen on the Builders, the Fire which we have kindled, devours the Bellowes which firft blowed it up; fome of us repent of our fond Credulity to be deceived, and fooled by the empty Name of a Parliament, God grant it be not too late; yet however, let Pofterity know this too, that the King hath his Martyrs in London, all are not in the Country; and to make this good, fecretly (as much as the clofe Obftructions of the Wayes of Conveyance will permit) you fhall not faile of Intelligence from London, Aug. 5. 1643. Your affectionate Brother MERCURIUS CIVICUS. A fhort Treatife of the Lawes of ENGLAND: With the Jurisdiction of the High Court of Parliament, with the Liberties and Freedomes of the Subjects. Written and collected by WALTER MANTELL, Efq; Anno Dam. 1644. HE Thing that is ever amongst Men, in every Country moft had in Reputation, and esteemed moft worthy, is the publique Commonweale of their Country: And he that indeavoreth himselfe for the Augmentation of the fame, is ever to be commended; to the increasing whereof, every Man naturally hath a Love and Zeale. But wherein the Common-weale ftandeth, and what Thing it fhould be, there is and hath beene ever amongst the Philofophers, and other learned Men, great Debate and Argument, fome affirming the Common-weale to confift in great Abundance of Riches, as they that multiply the Riches of their Country, greatly to preferre their Common-weale; Quod refpublica non ufque adeo refplendefcat pompa divitiarum aut viribus, aut honoris faftigio, fed ex bonis legibus fummum perfectionis gradum fola confequatur: Some others efteeme and judge that the Common-weale confifteth not in Riches onely, in Power onely, nor Honour onely, but in them all intermixed. The Romans, the great Conquerers of the World, gathered not their Riches in Abundance onely for the Riches, but because they would thereby achieve to more Honour, and with their Riches to make themfelves more mightie and strong; for Proofe whereof, the great mightie People the Romans, could never have wonne to themfelves the the great Riches of the Country of Perfia and Carthage, if they had not thereby impoverished the Perfians and Carthaginenfes: nor the mighty strong Greekes could never have augmented their Power and Strength as they did against the Trojans, except the Trojans by them had beene vanquished, and the Citie destroyed, and fo made more feeble and weake; nor alfo the mightie ftrong Alexander, famous for his Conquefts, could never have obtained to fo great Honour and Glory, except he had fubdued other great mightie Kings, as Darius of Perfia, and Porus of India, and fo brought them to Captivitie, the which they esteemed Shame and Reproofe. Then fith a Man cannot well exercife himfelfe in increafing of his great Riches, in augmenting his Power, nor inhaunfing of his Honour, without caufing Povertie, Feebleneffe, or Shame, which of themselves be evill Things, it followeth well that Riches, Power, nor Honour be very perfect good Things onely of themselves, because they cannot be obtained without caufing of Evill to other Perfons; and then if that Riches, Power, Honour be not of themselves onely good Things, and the Common-weale is that Thing that of it felfe is meerely good, it must neede enfue that the Common-weale can neither ftand onely in Riches, Power nor in Honour, but in the increasing of good Manners; then it is needfull to fearch wherein the Common-weale fhould ftand, which under Correction, and after mine Opinion, refteth neither in increafing of Riches, Power, nor in Honour, but in increafing of good Manners, and Conditions of Men, wherein they may be reduced to know God, to honour God, to love God, and to live in continuall Love and Tranquillitie with their Neighbours, for the obtaining of which it is to Men moft expedient to have Ordinances and Lawes: For likewife as the Bridle and Spurre directeth and constraineth the Horse swiftly and well to performe his Journey, fo doe good and reasonable Ordinances and Lawes lead and direct Men to use good Manners and Conditions, and thereby to honour, to dread and to love God, and vertuously to live amongst their Neighbours in continuall Peace and Tranquillitie, which Thing to performe is not given to Mankind immediately and onely by Nature, as it is given to all other Creatures which be by Nature conftrained to doe and live after their Kindes, for the which it followeth, that Man cannot attaine thefe Things but by a Meane, which Meane is none other but good and reasonable Ordinances and Lawes to inftruct and direct Men to the fame, which reasonable Ordinances. and Lawes proceed and come principally of God, for the which the Providence and Will of God is ever affiftant and prefent. St. German, fol. 7. faith, that the Law is ordained for the Prefervation of the Realme, and for the fulfilling of the Lawes of God, to induce the People to depart from Evil and to doe Good; Plowden fol. 9. & fol. 55. faith, that the Law is appointed to the King for the Governance of his People, and as the Subjects of the King be borne to inherit Lands, fo to inherit Lawes; fo that the Lawes are the Inheritance of the People, Fineux 12 H. VII. fol. 28. faith, That at the Beginning all the Adminiftration of Juftice was in the Crowne; and where the King was, there was the Law miniftred, then after the Multiplying of the People, was the Court Leet, and Court Baron ordained (that * (that is to fay) the Court Leet for the punishing of Enormities and Annoyances for the Weale publike, within the Precinct of the faid Leet, vide Leftat. vic. franc. pleg. Fortescue fol. 30. faith, as a naturall Body may not be without a Head, fo a Realme may not be governed without a Head; that is, the King; Et ibidem ulterius dicit, Quandocumque ex pluribus conftituuntur, unum inter illa erit regens, & alia erunt recta. Britt. fol. 1. dicit that the King is ordained of God, that the Peace may be kept, the which may not be without Law. Et Fortescue, fol. 1. dicit, Omnis poteftas a domino Deo est. Et Bracton dicit, quod vita & membra hominum funt in manu Regis, vel ad tuitionem, vel ad pœnam cum deliquerint. The Law is appointed to the King for the governing of his People; and that is by three Lawes, (that is to fay) generall Law, Cuftomes and Statutes; our Law is grounded upon fix Principles. First, our Law is grounded on common Reafon. Secondly, on the Law of God. Thirdly, on divers generall Cuftomes. Fourthly, on divers Maximes. Fifthly, on particular Cuftomes: And, fixthly, on divers Statutes. Prerogative is a Priviledge or Preheminence that a Man hath before another; fo likewife as it is tolerable in fome, fo it is most to be allowed in a Prince or Soveraigne Governour of a Realme; for besides, the King is the most excellent or most worthy Part or Member of the Body of the Common-weale; fo as by his good Governance he is the Preferver, Nourisher, and Defender of all the People, being the rest of the fame Body: And by his great Travells, Study, and Endeavours, and Labours, they injoy not onely their Lives, Lands and Goods, but all that ever they have in Reft, Peace and Quietneffe, for which Cause the Lawes attribute unto him all Honour, Dignitie, Prerogative and Preheminence, which Preheminence. doth not onely extend to his owne Perfon, but to all other his Goods and Chattells As that his Perfon fhall be fubject to no Man's Suit, his Poffeffions cannot be taken from him by any Violence or wrongfull Diffeifin, his Goods and Chattels are not under any Tribute, Toll or Cuftome, or otherwise diftrainable, with infinite Number of Prerogatives: vide Glanvill Lord Chiefe Juftice, which wrote in Diebus Hen. II. Britton which writ his Booke Tempore Edw. I. Juftinian the Emperour well and wifely pondering in the Beginning of his Booke, fayeth thus; it behoveth the Imperiall Majefty not onely to be guarded with Armes, but also to be armed with Lawes, to the End he may be able rightly to execute his Government of both Times, as well in War as in Peace: the Exhortation of the chiefe Law-maker Mofes, ought to be more in Regard with Kings and Princes, than the Words of Juftinian, whereas in the 17. Chapter of the Booke of Deuteronomy, he doth by the Authority of God ftraitly charge the Kings of Ifrael to be Readers of the Law all the Dayes of their Life, faying thus: When the King fhall fit upon the princely Seat of this Kingdome, he thall write him out this Law in a Booke, taking the Copie thereof of the Priefts and Levites; and he fhall have it with him, and he fhall read it all the Dayes of his Life, *Dot. & Student. fol. 8. rogativa Regis. that that he may learne to feare the Lord his God, and to keepe his Commandements and Ordinances written in this Law. * Princeps ergo non debet juris ignarus effe, nec prætextu militiæ legem permittitur ignorare. For the Booke of Deuteronomy was the Book of the Lawes by which the Kings of Ifrael were to rule and governe their Subjects. There Mofes commands the Children of Ifrael to read, that they may learne to feare God and keep his Commandements, written in the Law. The Effect of the Law is to feare God, and keepe his Commandements written in the Law; whereunto Man cannot attaine, unleffe he first know the Will of God written in the Law: Mofes the Law-maker in his Charge, mentioneth the Effect of his Law, that is, the Feare of God; next he allureth us to the keeping of the Caufe thereof, (that is to fay) of God's Commandements; Job after he had diverfly fearched for Wifedome, faith thus, Behold the Feare of the Lord is perfect Wifedome, and to forfake Evill is Understanding, the Feare of the Lord is holy and endureth for ever. The Booke of Deuteronomy is a Booke of holy Scripture, the Lawes alfo and Ordinances therein contained are the Lord's making, and published by Mofes; you shall understand that not onely God's Lawes, but also Man's Lawes are holy. The Law is defined by thefe Words, The Law is a holy Sanction or Decree, commanding Things that be honeft, and forbidding the contrary; now the Things must needs be holy which by Definition is determined to be holy; Right alfo by Defcription is called the Art of that which is good and ftreight: So then in this Respect a Man may well call us Sacerdotes (that is to fay) Givers or Teachers of holy Things, for fo by Interpretation doth Sacerdos fignifie. For as much then as the Lawes are holy, it followeth then that the Minifters and Setters forth of them may right well be called Sacerdotes, that is, Givers and Teachers of holy Things: All good Lawes published by Men have their Authoritie from God, for as the Apostle faith, all Power is from the Lord God, wherefore the Lawes made by Man, which thereunto he received Power from the Lord, are ordained of God; as appeareth by this Saying of the Author of all Caufes, whatsoever the fecond Caufe doth, the fame doth the firft Caufe by a higher and more excellent Meane wherefore Jehofaphat the King of Judah faith thus to his Judges; The Judgements which ye execute are the Judgements of God: whereby you are taught, to learne Lawes, though they be Man's Lawes, is to learne holy Lawes and Ordinances of God, wherefore Mofes commanded the Children of Ifrael, 2 Chron. 19. to read the Lawes of Deuteronomy. A King whofe Government is politique cannot change the Lawes of his Realme. For the King of England cannot alter or change the Lawes of the Realme at his Pleasure: for why? he governeth his People by Power, not onely Regall, but Politique: if the King's Power in England were royall onely, then he might change the Lawes of the Realme, and charge his Subjects with Tallages and Burdens without their Confents: But where the King's * So Helinandus expoundeth. |