The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7.

The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7.

Table of contents

Title page

To the Right Honorable and truly Noble Henry Hastings, Lord Loughborough Commissary General of England under his Majesty.

THE FREE-BORN English Mans Plea FOR JUSTICE.

These Queries I thought fit to add for a Pallisad, about what hath been written, that if any suarle at what hath been said, he may happily first break his Teeth against these following.

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THE FREE-BORN English Mans Plea FOR JUSTICE: Or, A Cry against Post-Fact LAWS.

Being a survey of the Controversies touching late Purchased Titles through the true perspective of Justice.

By WILLIAM IACKSON, One who hath lived to see the Famine of Justice removed, and hopes to see it continue as plentifully amongst us; as Food in Samaria; after the flight of these Assirians: 2 Kings, 7.

Themistocles postulanti a se Simonidi ut sententiā quādam injustam ferret; Ne (que) tu (inquit) poeta bonus esses si praeter numerum caneres, ne (que) ego princeps probus si contra Leges judicarem: Plut. in. vit. Themist.

Leges Sapientū causà positae, non ut injurijs abstineam sed ne eis afficiamur: Epicur. ex Stob. Serm. 41.

LONDON: Printed by Edward Cole, Printer and Book-seller, at the Sign of the Printing-press in Cornhil, neer the Royal Exchange. 1660.

To the Right Honorable and truly Noble Henry Hastings, Lord Loughborough Commissary General of England under his Majesty.

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May it Please your Lordship.

ESteeming it the greatest Honor I ever yet had, that I have served under your Lord-ship, not only in the General cause that those true English Spirits in Colchester were embarqued in, but also under your Lord-ships particular command in the store, subjected to your Lord-ship as Commissary General: I have presumed, (emholdened by that Nobleness, wherewith your Lord-ship then obliged not only me, but all that knew you) to present your Lord-ship with this smal discourse. Being a sum of what, your Lord-ship, and those Heroick spirits, then (joyned in command with you) labor'd for. The observation of Laws and Iustice is a cause no man need ever be ashamed of; but what those Heroick endeavors then missed of, God hath now given us hopes, may be obtained in a more peaceable manner; having opened a way to us for reason to be heard; and reduced us from the use of barbarous violence, to the force of arguments; fitter Weapons for human societies. Tis with such my Lord, that, I have endeavor'd here to be still an assertor of that general cause of Englands liberty, [Page] to the utmost of my Capacity. And tis my hopes, your Lord-ship, that were then a strenuous defender of this cause by your valor in that Bellum Martiale, wil now grant your Protection to him that by this submits himself your Servant, whilest your Lord-ship in Parliament are now managing this Bellum Mercuriale: Bellum I cannot but term it because stil there appears many opposers of Iustice it self, which is our cause, having no argument (but their fucated pretences to Saints-ship) to cover the great injustices they have done; but my Lord when like paint on faces these are melted off by the impartial scrutiny of Iustice, there appeares nought but Rapines, and meer Wolves under the Sheeps Clothing: which disguise; since it hath occasioned the devouring of so many Lambs, I hope for the future our Shephards will so defend us by the pale of Iustice that we may hereafter be secure, and every man admitted to that which Law calls his own. Of the want of which pale your Lord-ship hath been as sensible as any by the injuries you have suffered, both in Estate and Liberty. If the meanness of my performances cause your Lord-ship to censure me Presumtuous in perfixing your Name to so smal a discourse, my Petition is, that my zeal both to Iustice and your Lord-ships Service may beg pardon for: my Lord

Your most Humble and Devoted Servant. William Iackson.

THE FREE-BORN English Mans Plea FOR JUSTICE.

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THere have bin of late many Papers Published under the names of Pleas. As the purchasers Plea; the sequesterd clergies Plea, and the Plea of them that are in the benefices of these, and the Plea of them whose Lands the others have purchased, these latter written in answer to the former, but in my opinion (at a time of so general a concernement when all are interressed, and all expecting a general satisfaction to the whole nation) these Pleas are too much restrained to particular interests, to terminate in a general union of all, which were the only blessing to be wished for by all which have the least pretence to Christianity, or any spark of the hope of a comfortable satisfactory conscience, which I shall alwaies esteem the greatest temporal blessing men can wish for; These Pleas are likewise a very ill example for every man to seek his own interest, which perhaps may make men draw divers waies and therefore likelier increase divisions (of which this Nation hath had too much) than compose them.

That therefore a more charitable way may be found, it behoves every man to ponder such things in his minde, and [Page] (if he acts at al) to excite others to endeavour the promoting of such interests wherein al are equally concern'd; and which have such rootings naturally in every mans conscience,Nich. Machiav. Disput. de Rep. Cap. 27. that (though he should with the bryers and cares of this world intend the stiffing of that good seed) he can not (at least wil not) before men gainsay the motion: for tis seldom seen that a man is totally good, or absolutely wicked. Because of some sparklings of that inward self accusing light which (should he impudently out dare) would render him odious even to his own accomplices seeing him lay aside all thoughts of shame.

First, Therefore (mans life being a race through this world to another, his chief aim is how he may run that race most to his own peculiar benefit; (for we are all by nature lovers of our selves) to which purpose mankind being now grown numerous if we were without order; as wild beasts, we should be a pray one to another, so as to have many unquiet interruptions in our race and not only so but to be without those mutual conveniences which we might have one of another; now to rectifie these inconveniences it hath pleased God to send into the world disciplines: to defend men in societies from the aforesaid abuses and direct them in their race with comfort; these disciplines are two: Eclesiastical, to direct them to the end of their race, and civil, or political: to direct them in their race; and to fit men for these orders in their societies he gave that general tie of Justice for a rule, and planted in us a sparkling beam of his truth to witness unto us this Justice and be as our magnetick ballance, to fit us to act his will, the more conformably under his ordinances, this is that diamond of Conscience that excuses or accuses every man and alwaies tels our Souls the truth, if Lusts be not the perspective Medium through which we see, which often dazels our understanding: by which means we are often led into the more tempting way leaving that which our conscience tels us to be the more Just. Now for regulating such deviations, and depravations of our apprehensions it was requisite that provision should be made by discipline, leaving therefore the Eclesiastical discipline and its unity (as [Page] not any branch of this discourse) to men whose profession it is (that being the very top of the building to beautifie and confirme the foundation laid by the civil) I think it might be much more pertinent to the condition of our Nations at present if every man would make it his request that we might enjoy that firm hand of all societies, JUSTICE. being the true rule to regulate all actions in any society whatsoever and give up his cause to such a decree; but in regard we are (apt looking through the fraudulent Medium of lusts before mentioned) to be too partial in our own causes, tis not fit we be our own judges; The party perhaps that thinks himself injur'd if he have not his will; will be apt to say, neither ought our adversaries to be judges in their own cause against us, so say I; who then? JUSTICE say I: So I beleeve all men will be ready to say too, what ever they think, yet will not they say they desire any thing but Justice, but cannot have that; yes, but any English man may really say we can have Justice, our Fathers have so labor'd in their daies, that we receive from them both Tree and Fruit, for in Political or civil Discipline it is impossible to maintaine any at all,Tullij. Offic. Lib. 1. without order, whose business it is to fit every thing to its proper place to appoint some to Judg in cases of difference between party and party which Judgment though in the Infancy of the world it were, wholly left to the discretion of the Judg, yet finding men apt to be byassed by Alliance, favor, brybery. &c. it was then found a very unsatisfactory way, the suffering party being apt alwaies to think himself wronged whether so or not; to prevent which it was thought a much more indifferent course to have all cases reduced into Judgments, which should be for Laws, to decide all controversies, and prescribe all penalties, whatsoever. By which means men had a rule to walk by to direct them what was evil or good, what to persue or avoid, what to be encouraged or punished for: so that it was some satisfaction to them that they were securd from particular Spleen or Malice of others, and by this means were not damnified for any thing, of which, they were not forewarned by the Law: No, nor the Judg [Page] himself could give any censure that was not prescribed to him in the same Law: of this Nature were the Laws of Lycurgus, Moses and most of the Antients that were Lawgivers: but in regard, this power of Law making in the vicissitude of times is somtimes devolved to men of less qualified parts and integrity, and that such did somtimes make Laws, too, too, partial to themselves and too too grating upon the liberties and properties of others, Al the Laws, which were of equity (and held proportion with that rule Do unto all Men as you would they should do unto you) were by Iustinian drawn in Canons, and are stil used in a great part of Europe, and called by the Name of the Civil Law, but though here were a good provision for Laws there was not so good a provision for giving Right Judgment as could be wished for; because the interpretation of the Law and interpretation of the fact were refer'd to the breast of one man which was thought might be prejudicial to the true distribution of Justice; Wherefore our Auncesters in this Nation I think have taken the most satisfying course, most Just, most free, and generous way of all other Nations; for first to preserve true discipline, we have the Magistracy and Nobility our Law-giving power in as great and true a state of Honor and Justice and far more equitable then any of the former; for our Prince and Peers have this priviledg only of constituting Laws: and of appointing Judges for the distribution of Justice to the whole Nation. Next a far greater liberty and security to the Commonalty because though they make not the Laws yet they contrive and compose al the Laws by which any of them are bound, so that it is as satisfactory a condition as can be contrived for a man to be tied by no Laws but such as himself and Ancesters have tied and bound themselves by their own consent, and with all these Lawmakers after sessions in Parliament is ended are as subject to be punished by these Laws as any other by which means the whol commonalty have as much security as can be devised; the self preservation of the devisers of the Law themselves, being the buckler for every man against partiality: And more than this; least Laws so prudently [Page] contrived might be perverted in the dispensation; the Judges are restrained from interpreting the fact of the delinquent who is to be tried by twelve of his Peers; as if it were their own case, so that all the Justice imaginable is in the Constitution of our Government so that for any to complaine and say he can not have Justice is a very falsity, if he can have the aforesaid administration of it, if he can not; he may have his remedies against any where he finds the default or obstacle.

But now I have run through so great a digression I shall returne to the cause of it from whence I swerved; These Plea's I say coming out on both sides now when the times begin to calme after so terrible a tempest would make a foraigner that should read them, think we had nought but tumultuary proceedings and imagine that they that could make most of their part should get the advantage of their adversaries; certainly to quiet Jealous spirits it is very necessary to tel such if they be lovers of Justice (as I question not but they will say they are) that its sit every man have Justice: for Justice is the maine piller of a Nations safety; for as in our bodies the due distribution of all Humors to every part its due and the preserving every part in its right temper and composition are the efficient causes of a mans health, unless some part contrary to Nature be foul, corrupt or gangrened, then it is most conducing to the health of the whole somtimes to divert the nourishment and Humors, somtimes to cauterise, somtimes to cut it off. But mark! this is when it transgresses the Laws of Nature; so likewise these that make Pleas for their losses if they have not transgressed any known Laws that were in force before their fact (objected) were committed: tis fit the due distribution of Justice of giving every man his due, procure them a restitution to what they have been by the distempers of the times deprived of; but if they have transgressed any such known Laws, that were in force before their fact, then let them in Gods name receive the penalties, allotted by those Laws for such trespasses, and none other: this is the true birth right of every free-borne English man and this he ought to have in Justice.

[Page]On the Contrary if they that are in possession whether benefices or other purchased Lands have such true Titles to their Possessions as the Laws of the land shall justifie, we cannot think such injustice can be permitted by his Majesty, as to suffer them to be expelled contrary to Laws, of which his Royal Proclaimation hath given them assurance: but if the Laws of the Land wil not Justifie their possessions, 'tis great injustice they should hold them both to the detriment of those in present, that ought to enjoy them, and to be an il example or encouragement to others to enrich themselves out of others ruines for the future; for without a Buyer there can be no Seller; therefore where the Law did not Justifie that Title, at the time of bargain. In the name of God let Justice frustrate, aud restore to the just owner according to the true Title, and let not our Age seek to justifie wrong by a post fact Law, for which these Kingdoms have already felt such sore Judgments; one such Law to take the blood of one man in that nature hath been revenged upon the whole three nations with the blood of many; and should post fact lawes be now created to take the Estates of those which were not forfeitable by Laws extant at the time of the forfeiture, I pray God do not revenge it after the same manner upon the three Nations and lay al of them desolate; Rom. 7. 7. What shal we say then is the Law sin? God forbid. Nay, I had not known sin but by the Law for I had not known sin except the Law had said, Thou shalt not covet: Where there is any forfeiture of an Estate there needs no post fact Law to confirm it, for that Law which makes a man an offender, hath the forfeiture annexed to it; If post fact Laws be allowed, Who knows when he does amiss? Therefore both dispossessed and Possessors, gainers and loosers, if ye agree in nothing else, agree in this one voyce; Fiat Iustitia. You would be loath either of you to be accounted unjust; ye ought not to be your own Judges, the Law ought to be our Judg: for as Justice is, and ought to be the rule to our Law-makers in making their Laws, to shew them what should be Law; so should the Law be both to them and us the rule of what is Justice. They that fear the Law are partial [Page] and of a Tyranous spirit seeking a priviledg for themselves above their fellows, whereas Justice, and Laws are alwaies general, & priviledg or punish every man alike in the same case making no difference to any; and this is the liberty of the subject to have al in the same capacity with him excepting only such as are impowred with the supream oversight of the whol. To prevent those innumerable inconveniences which such (should they be in hazard) might precipitate the Nation into. Nevertheless by that exception are they subjected as much or more to the bond of love, for their own strength, as they could have been by the penal laws but with far more security to the Nation.

Seeing therefore, that Justice is, that general priviledg wherein all Just and equal interests are most priviledged: let us with one mind think of no other Plea than that, which I hope will be so provided for by his Majesty and the Parliament now sitting that there will be no need of promoting any pleas for it: for no man petitions at any time for what he hath, but what he wants, so that it is the part of every man to rest satisfied in expectation of what is preparing by them (whom we should very much injure) to think would omit, or act any thing that Justice should not require; but when any such thing is, then promote Pleas for Justice according to the known Laws, but in your particular Pleas to make such objections as one is out so much monies, and is like to be ruined, if he be deprived of what he holds; or that such were deboist in their lives. On the other side that we are brought to poverty, those that possest our estates are so, or so, these savor more of passion than reason, for it they that have gamed the sequestred Estates have them by Law, the others poverty is no reason they should loose their right: but if the others have lost their Estates without Law, There is no equity but that Law should restore them; 'tis not the debauchery laid to their charge (which besides is to be proved as wel as said) that excuses any man in anothers right; for wherof a man is legally possessed; of that he is to be deem'd true owner in the same capacity he was at first invested with, til the Law disposess him again, and whosoever enters [Page] without his consent before such declaration be made by Law, hath as much title to it, as a Thief on the high way to the money in a mans purse; for such entries are not by the right door. The Laws of the Land are the right door to all manner of possessions.Iohn, 10. 1. Whoso therefore comes not in by the right door the same is a Thief and a Robber, saith Christ. And though this may have been a Judgment on such as did set their minds too to much upon this world to wean them from laying up treasures to themselves upon earth where moth and rust do corrupt and Thieves break through and steal they should be so deprived that they might lay up treasures in Heaven &c. Math. 6. 19, 20. God send all men to make use of his dispensations to his glory, he can renew his Judgments on them when they give him the same provocation.

But as the Infirmities of men (if they be true) ought not to bar them of the priviledge of the Law, so ought not the excellency of any man or Saint-like Godliness (to cal it by the usual word) priviledg him to do injustice against Law: Nay 'tis vehemently to be suspected that where a godly man drives on designs of depriving any man of his right (before the Law hath divested him of it) that his godliness is but seeming not reall, for Justice is the fit foundation to build godliness on, Justice may be where godliness is not, but godliness cannot be where Justice is not: therefore such assertors of their own righteousness may wel be conjectured Pharisee like less Justifiable than the poor dejected Publican,Luke, 18. 11. for though they are more circumspect in Punctillio's yet they omit the weighty matters, of doing Justice, Obeying Princes, and Laws; and this their desire of holding what they have (without relation had to the Justness of it) very much discovers; for we Judg by the fruits,Math. 7. 17. not the flowers. And whereas these may superficially for a mask of such intrusion plead Orders of Parliament to be the Law that authorized their possession; 'tis very wel known in England that no order of Parlliament was ever pleaded to be in force longer than the Session of that Parliament which made it, but that such orders as they hold necessary to continue were drawn into Acts and confirmed by the Approbation of the [Page] King: therefore in this respect their Plea for such a Title is now fully void, that Parliament after a double resurrection being quite rooted up by their own Act; if the death of the late King had not nulled it before: next 'tis observable that those Orders they can plead in that behalf were made by scarce half the Parliament; the other half being removed to Oxford by the Kings Order (for though he had released the power of dissolving, he had not that of removing it) where they joyntly with the consent of the King set out Proclaimation for the Continuance of all Ministers in their benefices til duly convicted and ejected by a lawful authority: so that to any unbyassed man such a Proclimation had much more reason to be regarded than any they can plead to the Contrary: as to other sequestrations, they, and these too, have only one excuse, that there were Wars then in the Land (the Justness of which (that things may come to a composure) is not fit to be examined) which procured many things as necessary that could not be Justified in peace, for Inter arma silent leges) to which nevertheless it may very well be answered that though sequestrations were then necessitated, yet since it hath pleased God that the daies of oppression and violence should be shortened by procuring a right understanding between his Majesty and his People:Mark, 13 20. God forbid injustice should stil remain, or that postfact Laws should be created at their own unjust desires to confirm injustice because it hath been made good by a strong hand; for a while,

But here may be infer'd the old Objection to Law and Justice that sumum jus is summa injuria; which I to avoid other Objections willingly in general grant: but if these use this as a reasonable Objection in this case that exactness in doing right, be great wrong, what is extremity of wrong; surely an oppression beyond a name; Christ useth this kind of Argument;Math. 6. 23. If the light that is in them be darkness, then how great is that darkness? so if the very extremity of Justice (pressed against these men) shal be thought great wrong? what wrong do they think those suffered, that lost wrongfully all they had, thus long; certainly they may be somthing sensible when they think, and reflect [Page] on these things; I wish they may and repent for somthing else, than that they are permitted to do injustice no longer, for as hitherto that hath appeared their greatest trouble, not for what ill they have done, but for what they cannot do. But this is no Godly sorrow.

But having admitted the Objection made against the beauty and benefit of true Justice, I say England hath made Happy provision in that behalf, for in deciding controversies, we have the High Court of Chancery, to mitigate the rigor of the Law of proprieties; and in matters Capital because they are all Culpae lesae Majestatis, they have their mitigation in the Kings breast; whose perogative is to remit punishments that are against his royalty or Person; as he shall in his clemency see reason for it: not medling usually with any mans propriety. But neither of these can give any relief in this case to them that plead for mitigation; for these can but moderate the rigor of the Law, by extenuating or remitting the penalty that is subject to their prerogatives, but cannot lay it on the shoulders of them that ought not to bear it; for 'twere a miserable doing of equity to the guilty, by obtruding injustice on the guiltless. We have many Commands and examples for being mercifull in our Justice, but none, that our mercy to offenders should make us unjust, and cruel to the innocent; 'twere a strange sentence if a Judg from the Bench giving Judgment on a Criminall guilty of Burglary or such like offence should say, By the Law thou oughtest to die, nevertheless that mercy may abate this rigor thou shalt but be half hanged, and he whom thou hast robbed shal be half hanged with thee, but far worse if he should hang the innocent and let the offender enjoy his booty, the transferring the sentence, or part on the innocent is of the same nature and holds proportion very wel, if the Innocent must lose their whole or part of their estates against Law, to save the losses of such as ought to be punished for their unjust intrusion, besides the loss of the estates so gotten. But if these lay a farther stress on the argument of his Majesties referring all to the sentence of the Parliament. I say God forbid, that there could be such a thing in England as an unjust Parliament. Unjust Factions, and [Page] pieces of mock Parliaments we have too sensibly felt, but to imagine that a whole Parliament free from force, or fear can be so perverted is a kind of Blasphemy against the dignity of so Eminent an Assembly, so fundamental in our Constitution of Governments as that is; And although his Majesty hath been gratiously pleas'd in his clemency to submit these matters of Controversie to their composure; his yeilding to their arbritration will not by them be deemed a sufficient warrant for them to be unjust in their umpirage. If the matter in Controversie belong to one of the parties; 'tis not to be called an equal Arbitration if the Umpire shal part it between both parties, Equity consists in doing Justice, but stil upon lawful considerations; so it suffers not the Morgagee to take the forfeiture of the Morgager; but it alwaies provides that the morgagee shal have no loss neither in principal nor interest; because the Law makes the bargain, a just bargain on both parts; but when the Law Justifies not the alienation; why one man should be justified in buying anothers right of them that had nothing to do with it; not any thing to color such sales or disposures more than a Thief that it too strong for a man; wil never seem reasonable. God be thanked Right, and Might, were never made termini convertibiles til of late when our nation through the violence of the Feaver it labored withal suffered a delirium, hideous Fancies crept into the seat of Reason, misinforming the whol. Solomon hath given us a very imitable example to follow in our arbitrations; for though like a wise Arbitrator he pretended the division of the Child between the true Mother and the false; yet having by that found out the truth, he restord the Child whol and living to the right Mother with the applause of all for his Justice and Wisdom;1 Kings 3. 27, 28. my hopes and prayers shal be: that God wil not suffer either his Wisdom or Justice to shine less in our Senators than in Solomon.

Now if they make that other general Plea that their acquiesing to the return of his Majesty ought to be Considerable in mitigating the Rigor of Justice, & his return ought to procure such an Union as to take away all animosities and distinctions whatsoever, that they together with others might make one harmonious body of people, and not be yeilded up to any severity more than others; I answer first that not one of a hundred interressed in any such unjust acquests, had the least good liking [Page] to this revolution, but as much as in then lay, both with body, & mind endeavor'd all such meant to hinder it, as was possible for them to contrive; by which the Parliament and Nation are not so obliged to them in point of gratitude as some of them pretend: And farther though that consideration, were eminent enough to obliterate all past disaffections (though visibly it be far otherwise) yet ought not far greater merits than they can plead for, to priviledg them more than the rest of their fellowsubjects; for if they be continued in such Possessions, as the Common Laws of the land wil not Justifie them in; are not they made above Law to their advantage? and others whose right the Law saies it is, oppressed against Laws; so that if it should pass thus; breach of Laws, Peace, Justice, &c. would be rewarded with privildges above and against Laws; and Duty Obedience, Conformity to Laws, Honesty, good Conscience and loyalty (which let me tel you is no smal virtue in any Member of a body politicko) ppressed contrary to Law and equity: which were a pestilent perverting of the very essential constitution of al Governments; and a poyson beyond al Antidotes; for as Justice is the greatest maintainer, & efficient cause of the wel being of a Nation, so injustice, the greatest poyson & destroyer that can be permitted; but that Government that shal prescribe so broad a way for the propagation of it, like a dispairing man provides the readiest instrument for its own destruction that may be; and renders it self highly guilty of self murder.

All this pleads still with the most equitable moderation but for equity on all parts, that we may have all the same Laws, nor is it my drift to urge rigor at all against the greatest offenders whatsoever: but shal while I breath desire so much Justice that Laws may be equally general to all; and that upon so little deserts the worst of subjects might not have their unjust actions countenanced nor the truest subjects for their duty, and love both to King and Laws, Country, and Justice be injur'd by post fact laws, such things as no honest man! that made Conscience of his actions, would ever need; No modest man! that did not arrogantly seek to priviledg his unjustifiable actions, could ever have impudence to demand; So barbarous are they, that there is but one Nation, or rather herd of wolvish Tartars that even own'd them; These are those Spiders Webs, that catch only the laboring Bees, but let ravenous Waspes, and Hornets go free; and since they have been, and are still endeavored to be [Page] made so mischeivous to this Nation; we have as much reason to insert them into our lettany as the Plague, Pestilence, or Famin; and indeed the Judgment that such Laws are like to bring upon us, may give all good men just cause to say: From Post-fact Laws and the contrivers of them good Lord deliver us.

Now for the last Asylum. Or resuge that those Law breakers have for themselves to say that others are wicked, themselves good, others profane themselves holy, others Devils, themselves Saints; and many expressions of like Nature; first let me tell them tis an ill signe for people to speak well of themselves; and no Law either of God or man in any Nation ever accepted of a mans testimony in his own cause; and Christ himself denies it of himself: though the transcendency of his person might have priviledged him without being an example of the like to us, but belike he foresaw of how il consequence it might be, to leave such an example: therefore saith.Iohn, 5. 31. 33. If I bear witness of my self my witness is not true. Mens own words are no testimony in their own cause; next let me tel them, tis so Pharisaical a trick, that though perchance it should proove true, it wil make others Judg of them as the Gospel censures the Pharises, alwaies joyning the Name of Hypocrites; Wo to you Scribes and Pharisees Hypocrites, Math. [...]3. v. 23. 27, 29. for self Justification when not necessary, to vindicate a man from some imputation laid to his charge is a common badg of Hypocrisie; and next, this (as is before mentioned) is no Justification of a wrong. Nay 'tis a notable return that those that intrude upon such specious holiness, unjustly, are more wicked in such an extortion than all they can object to the wronged party, wil render him guilty of: and are so, very justly disrobed of their own holy Cloak that cover'd their covetousness. Such Boasters are very wel resembled by the Peacock which gives a glorious shew with his spread traine forwards, sees it himself and walks stately with the conceit of his glorious appearance. But to them that veiw him round; behind his Feathers are dark colord and unseemly and his Feet black and uncomly; which is not so easily discover'd when he gives not standers by, occasion to observe him by his pride. If therfore these men did not so much cry up their own holiness and others Prophaneness: their imperfections might pass less noted, but to cure such arrogancy there is no way but to let them see the blackness of the feet they stand on, that Peacock like they may let fal their boasting with shame; I mean to give them a remembrance of the unjust extortion, which they conceald under [Page] the specious covering of reformation and zeal; for whilest they make these gay pretences; they rob others contrary to the Laws, foment the divisions of the Nation to the procuring of much effusion of blood; and much more mischeif that might be reckoned; now if they would look upon these deformities sure they would never boast of their Saint like appearance; Tis not for a man to boast of godliness and urge breach of Laws; or to say they seed the flocks, that rob the true Shep-heards put in by the Laws of the Land;1 Peter, 2. 13. St. Peter and Paul both give other Ruls; Submit your selves to every ordinance of man, for the Lords sake;Rom. 13. 1. &c.whether it be to the King as supream, or unto governors as unto them that are sent by him, for the punishment of evil doers, &c. So that tis not mens guilded behavior, but their obedience to the Laws of the Land is to give us direction to judg of their goodness; this makes a man a good subject, without which (what ever he pretend to) he can never be a Saint indeed. Obedience (saith Samuel) is better than Sacrifice; (and St. Iames) Shew me thy faith by thy Works. Appearances are good, if they be joyned with inward righteousness: for Christ commands it:Math. 5. 16. Let your light so shine before men; but he adds, That they may see your, good Works. Now the work of obedience to the Laws of the Land is the great and weighty work, as is shewed before out of Peter: Math. 23. 23, 24. Tis not the tithing of Mint, Annise, &c. Justifies a Man, But the weighty matters of the Law, Iudgment, Mercy, Faith; these ought ye to have done but not to leave the other undone ye blind guides which strain at a Guat and smallow a Camel. Tis not a pretence of scruple against ceremonies, can Justifie the disobedience to the higher powers, and the violent and illegal seizing of others mens Estates, in which the Law Justifies them; And let me tel them it makes not much for their Justification or Saintedness, that they were put into possession by the Arbitrary violence of such a power, that terminated in the Murder of the King; which without doubt bolstred themselves with such Appendixes as should be necessary to support them to their intended mischeif: Tis a wonder to me with what impudence men can plead a possession from so villanous a force, no more justifiable, by Law or reason than any common robbery; not see I how any one that holds any benevolence of theirs, dffers any more from their crime, than the receiver from the Theif; (that is if they shal stand upon [Page] maintaining the possession they had of them; possibly some may have been abused by their false Glosses, but if they persevere; their fault appears not through ignorance, but willfulness; for the ringleaders of that treasonable Practice could give no better title than they had, which was only Violence, and Rapine; do not then they partake with them that shal Justifie any possession from their Title? Nay can they hope that so Free a Parliament as this is, can make good the receipt of their roberies? No, I perswade my selfe too many of them have felt their malice too much, and have known their cruelty and injustice too well, to be brought to consent to their Villanies: for they know very well that Qui non probibet cum licet, Iubet. And I am confident these men will have a greater task than Hercules's labour, to prevaile with so eminent an assembly, ever to justifie such villanies; The injustice they have seen, will make them too fearful of the like againe, to give any incouragement to what is past: tis time at length to lay aside Private interest, and advance the publique; which can be no way provided for but by Justice, losses will be great enough to the loosers, do what can be done; so long profits can never be restor'd them they belonged to; and on the otherside, the gains will be too great to them that have deserved far otherwise; how strictly soever they be call'd to account; and we may be certain of this that very few of them can be brought to a more desperate fortune that they began withall; so that none need fear overdoing on this hand, so long ryot upon other mens Purses and labors, together with corporal impunity is advantage enough, Nay too great for such unacceptable Service as they have done the Nation; therefore I think it will be the most reasonable ples, that all sufferers can make, that they may have Justice: and in that, their oppressors wil not know how to oppose their desires; for to say they desire no Justice (though it be like all former impudence of theirs) they perhaps are yet ashamed to profess themselves enemies to it; but if they say they desire Justice according to the Laws, then all English men have their priviledge; and one plea will serve us all; but by their fruits already brought forth we may partly know what to expect for the future; and assure our selves they will pervert the sense of the thing or slink into obscurity least now the light of truth shines freely every where; their deformities he made more apparent, for Justice is the light and life of [Page] the Body Politick, and the Law the window to let that light into all parts of that Body to discover, the actions of every man, so that they that hate the Law hate the light, that makes their actions appear, and it is a shrowed sign of their own conscience accusing them if they refuse to be tryed by the Laws.Iohn, 3. 20. For every one that doth evil, hateth the light neither cometh to the light, lest his deeds should be reprooved, but he that doth truth cometh to the light, that his deeds be made manifest that they are wrought in God? Let us therefore with alacrity think on no other Plea than that Justice may be afforded to all alike; we desire no more priviledg than other men have, and we desire on the contrary they may have no more than we; and that no Postfact Laws may be made to the advantage of any perticular mans interest; but that as God hath ordained from the beginning one only truth and one Catholick Church universally dispensable to all; so that our Nation in Imitation to his ordering of the Oeconomy of the universe; may have one general maintainance of his truth, by an equal and general dispensation fo the Laws, our property rectified and secured, that once again Justice may flourish, that so we may receive his best of temperal blessings PEACE and Truth within our Walls and Plenteousness in our Pallaces: So let every true English man and Loyal subject pray.

These Queries I thought fit to add for a Pallisad, about what hath been written, that if any suarle at what hath been said, he may happily first break his Teeth against these following.

1. Whether Might; without right be not absolute Tyranny and usurpation?

2. Whether to argue from the orders and injunctions of violent assemblies, be not to set up the power of the Sword, above the civil power, and consequently a changing of goverment, from the rule of reason to be ruled by wil?

3. Whether they can be freinds to a Nation that indeavour alteration of Goverment by force. Contrary to the will of all parties related to such a Goverment?

4. Whether Laws are not to be the rule of our actions in this Kingdom?

5. Whether it be Justice to dispossess any man of his possession, by force, who is not first dispossessed by the Judgment of the Law?

6. Whether right be any thing else in civil societies, than a legal warranting of our actions or claims by the Law of the Land?

7. Whether a violent possession against the Laws of the Land, be Justifiable by any honest man, good Christian, or any other than a new fashion'd Saint?

8. Whether: Vir bonus est quis? Qui consulta patrum qui leges Iura (que), servat. Be not a sufficient character to know an honest man by?

9. And Lastly, Whether Post-fact Laws, be not the most Arbitrary Imposition that can be contrived, and whether it be possible to avoid such snares if they should be allowed.

FINIS.

Information about this book

Title statement

The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7.

Jackson, William, 1636 or 7-1680.

Edition statement

1660

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A67913

ID [STC]

Wing J93

ID [STC]

ESTC R207910

ID [EEBO-CITATION]

99866929

ID [PROQUEST]

99866929

ID [VID]

119218

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This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A67913)

Transcribed from: (Early English Books Online ; image set 119218)

Images scanned from microfilm: (Thomason Tracts ; 154:E1040[14])

Source

— The free-born English mans plea for justice: or, A cry against post-fact laws. Being a survey of the controversies touching the late purchased titles through the true perspective of justice. By William Jackson, one who hath lived to see the famine of justice removed, and hopes to see it continue as plentifully amongst us; as food in Samaria; after the flight of these Assirians: 2 Kings, 7., Jackson, William, 1636 or 7-1680..

Extent

[4], 16 p.

printed by Edward Cole, printer and book-seller, at the sign of the Printing-press in Cornhil, neer the Royal Exchange,. London :: 1660.. (Annotation on Thomason copy: "Aug. 24.".) (Reproduction of the original in the British Library.)

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