WHen we see one go or do amisse, though his feet or hands be the cause or next actors & instru­ments of this error, yet we seldome say, are you lame, but where are your eyes, or can you not see? what eye srwarvings or stumblings any part of the body [Page 2]pollitique makes the blame lights not upon the Commonalty (the immediate Delinquents) but on the principall lights in Magistracy or Ministracy, which being as Guardians and Tutors of the rest, should either prevent or reform their aberrations, for they are the Physitians of the soul, body, and Common-Wealth, which have the Therapeutic [...], preservative Physick, to heal and cure the mala­dies of the mind and body pollitique.

And herein miserable is the condition of these two opick pie­ces that they are more subject, and that to more distempers then other inferiour parts, yet herein more, hat being hurt they are more impatient of cure not only of searching acrimonious waters, but fearfull of the most soft and lawny touches, but most of all in this, that being once extinct, they have a void darknesse to the whole body, exposing it to the pits of destruction: As exceeding great on the other hand is rhe honour happinesse and use of th em ( [...] and single,

For this our Nationall body, It will little avail, either to applaud the one, or to bewaile the othet, I rather look about for Eye-salve, which may help to descry and redresse (if any thing be amisse:) and behold heer a confection tending thereto. It was prescribed first by Iethro, whom Moses calls the Eyes of Israel, Numb, 10, 31. Then he said, I pray thee leave us not, for thou knowest our cam­ping pl [...]ces in the wil [...]ernesse, therefore thou mayst be our guide. It is beyond all controversie, that Iethro was a godly and religi­ous man, and such a, himself, was his advise, sage and holy, allow­ed by God and practised by Moses, and so of good pollicy becom­meth sound divinity, his private counsell became a publique Ora­cle, ruling for the substance of it, all Ages and persons.

Memorable and lovely it is for the very antiquity thereof, what price do men set upon old Records, Coyns, and Statues? which passeth by a charitable fountaine, bearing some ancient name, or date; yet how are defaced Copies, and disfigured pictures better amended, then by reducing them to their originall; If the pipe fail, goe we not to the head? Here is the rise or first draught of Magistracy, Exodus 18.21. &c. And place over them to be Ru­lers; of thousands, of hundreds, of fifties, and of tens.

The Office of Magistracy (as you have heard) being prescri­bed and allowed, they are to judge the people, and the fruit and benefit of this judgement is set downe in these words, So shall it be easier for thy self. and they shall bear the burthen with thee, and thou shalt the able to endure, and all this people shall go to their place in peace.

Having given you some grounds and use of Magistracy, come we in this place to take a view of that Office. The Magistrate, e­specially the Judges, ought "to judge the people at all times, and by their diligence in hearing, to prevent the agrievance of delayes, "that they and the people may go home in peace, sit under their own Vines and Fig trees (follow their callings) and that which is the most precious of all, lead their lives in all Godlinesse and ho­nesty, that the Gold, blue and purple Silk, might glister and shine under that tree, the Supreame power of the Nation,

The Magistrate is to distribute iustice according to the Law of God, of Reason, of Nature, and that law which is not consonant to the Law of God, the rule of Reason, and of Nature is not to be exercised among Christians, but as it is well observed by a person of eminency (the first day of Lieutenant Colonell Iohn Lilburn's tryall) the Fundamentall Lawes of England, are agreeable both to the law of God, Reason, and Nature, therefore ought not to be contemned by any: to be without a power, is little else then to bee without a Government, and Mr. Lilburn himself hath confest, that it is better to live under the worst of Governments, then where is none at all. And certainly that is the best Common-wealth, where the people are in best order, for there is the Magistrate a living law, and the law a dumbe Magistrate, however the Stoicks, the Epi­cures, and Sectaries do diversly judge of that matter, and into se­verall opinions have divided the world, yet if any man dehort from vice, and exhort to honesty, and vertue, let him not be adjudged an Enemy to Liberty and Christian piety.

Those people therefore do live in great liberty and freedom, in deed who are perswaded that to live according to law is perfect freedom, well then might Mr. Lilburn be reprehended to be of a turbulent spirit, when whilst he pleaded so much for Law, seemed [Page 4]to be ignorant by what Law he is tryed, untill one of the Commis­sioners very learnedly, told him that they sate by authority of Par­liament, and that this was not by any new Law or custom, but excised in all ages, both before, and since, the time of the Sax­ons.

Lilburn names a kind of appeal in all cases to a tryall of a Jury of twelve sworn men of the neighbour-hood and commended for a legall (as undoubtedly it is) way of triall, which is now his owne case; a grand Inquest of above twenty grave Citizens, men of worth and integrity, find the indictment of high Treason Billa vera and this by the Law, reduced to the purity, as in the time of our Ancestors, and grounded on pure reason, the Law of God.

This being granted that the Lawes of England have this foun­dation great care ought to be taken that they be not altered, for as the disposition of men is apt to innovation: so as soon as on Law is altred they desire the alteration of the rest, the ancient Laws there­fore ought to be observed, and sometimes (as the Historian saith) wisely corrected or amended. Amongst the Locrenses it was or­dained that if any man should invent a new Law, he should first propound the same to the people wearing a halter about his neck, to the end that if it were thought pernitious or unprofitable, as an author of evill, he might forthwith suffer death. and Diodorus wri­reth of a cerrain Law amongst the Egyptians whereby every sub­ject was compelled to give his name to the Magistrates, declaring what kind of life he liked, how he lived, and what Art he exercised and if any did tell untruly or not perform his duty sufficiently he was put to death, but it not my intent to trouble you with any lon­ger degression, intending only to insist on what is most pertinent in the present purpose, and therein a word or two more of the Law of England, which proceedeth from true reason, viz. to live honestly, to hurt no man, and to give to every one that which is his own, who so therefore doth abandon Laws is at least to be suspected, and to contemn them is no lesse evill then to despise Nature, Vertue, Reason God himself.

There was a saying amongst the Ephesians, That free-men ought as manfully to defend the Lawes, as the Walls of the City, for without walls the City might be preserved, but without lawes it could not, and where vertue and reason preserve not men wi hin the bounds of Law, justice ought to be extended to the punishment of evill, for the foundation of judgement is the Law, proceeding from wise and just men, and before the skill of writing Laws was invented, Justice had her habitation in the breasts of such men, and had such preheminece there that it admitted not any thing to be done wickedly, or to disturb the publique good and peace of others, one principall part of justice. tending as well to the settling peace in a common-wealth, as bringing the Offender to exemplary and condigne punishment.

Naturall equity commandeth us to abstain from iniquity, and therefore we ought to do nothing whereby another may be often­ded

That ancient age of the world the Poets call Golden, through the benefit of justice, no deceit, fraud, nor injury was known, then were no seditions, no tumults, no hate, yet had Master Lilburne lived in that time (as in sundry revolutions since) if one may judge a tree by its fruit, without prejudice to the stock) he would not have found content, but have buzzed in the peoples ears some inconve­niencies to bring them to a dislike with what they enjoyed, which is the easier done in all times, seeing it is natura homine to com­mend the time past, hope for the future, and find fault with the present.

He is only to be accounted a good man which im­braceth all kind of vertue, and feareth not to dye for his country, but men that are endued with a false kind of wisedom, having their tongues but not their minds instructed, do commonly endeavour to alter, and not to amend the publique pollicy, there is not in a Com­mon-wealth a worse mischief then such men, for by subtilty, deceipt, & sedition, they labour to be thought somewhat.

But as man of all creatures in his perfection is the best, so if he forsake Law and goodnesse he is of all other accounted the worst Mr. Lilburns bold and peremptory language, this day at the Bar of that humble Court before whom he must be tryed must not bear him out, its the law must take place, he is ordered to appear again to morrow, what the event wil be I have not to dowith, time wil manifest. A learned Author saith that a man may be permitted wice to speak his sence, though doubtfully, but if the third time he fail, he shall not after be admitted to speak more in that cause.

I conclude with a word or two concerning the reverent Iudges and the rest of the Commissioners of that honourable court they are men that aym at the glory of God, the promoting of Re­ligion, and safety of the Common-wealth, yea why may I not say of them with St. Paul? they are sent of God for the praise of the Godly and the punishment of evill doers, they sit in the Iudgment seat in as great (though not so slavish) a fear as Olaves when hee lookt upon the flead skin of his father nail'd up by Cambises, to conclude where I began, what can we think wanting where Ie­thro's advice is raken to fear God, love the truth, and hate cove­tuousnesse.