A plea for the common-laws of England or an answer to a book entituled, A good work for a good magistrate: or, a short cut to a great quiet. (Published by Mr. Hugh Peters:) So far as concerns his proposals touching the said laws. By R. Vaughan of Grays-Inne.

An Introduction.

I Should never have troubled the Preſs with thi • anſwer to Mr. P. his Book did I not know the aptneſs of wel-diſpoſed and credulous people to adore the dictates of men of his Profeſſion and converſation, and to take them up upon truſt out of the respect they have of their perſons (and of his more especially, whoſe indevors have been conſtant, and whoſe bent hath always been ſet for the publick good of this Commonwealth.) For I ſee not any thing in his Book as to the Law (& I will not meddle beyond the bounds of that profeſſion, whereof 〈◊〉 am a mean Profeſſor, and ſhall be glad of any occaſion to aſſert its juſtice and innocency) that can tempt a ſerious man to put Pen to Paper to give it anſwer; it being rudis indigeſtaque moles, a throng or croud of unmarſhalled expreſſions, full of contradictions, repetitions and incoherencies, like the Tohu vabohu in the beginning of the Creation; now I ſay, becauſe the well-meaning or plain honeſt man, to whom his Book may come, may not exclaim againſt the preſent Laws (which they know not, and which yet are their birthright, and one of the greateſt earthly Privi •… dges they have,) becauſe Mr. P. is pleaſed 〈◊〉 undervalue them, upon a very ſlender or • o knowledge of its foundations; I have thus ventured to be publike. I may ſafely affirm the Common-Law is not ſo bad as he thinks it: it is no ſuch jus vagum & incertum, no ſuch leaden Rule as gives neither ſecurity to mens perſons, or certainty to their proprieties, but it doth conſiſt ex Regulis de Jure fabricatis; it is the product of length of time, and variety of occurrences ſuted and ſquared, (or (at the worſt) not inconſiſtent) with the Rules of Scripture and Right Reaſon; and whatſoever part of the Law doth not derive its Parentage hence, is contrary to, or inconſiſtent herewith, is by all Lawyers adjudged to be caſhiered out of their approbation or counte • ance, as its refuſe and excreſcences, and eſteemed an obſolete and uſeleſs thing: now that Mr. P. ſhould be its adverſary, and call it the monuments of Tyranny, and condemn it to the Faggot, without juſt cauſe, is hard: I have therefore endeavoured in a candid way to undeceive thoſe, who may gain credulity with him, ſo far as concerns the Law in his Book, and (if it may be) to reconcile him to his wronged (though innocent) friend, and I lay theſe rude and ſud •… conceptions at the feet of the ſame trib • nal as he hath done, the Parliament of England.

That in his Book he holds that, which with ſome men is a maxime, Legentem oportet credere, I will not make ſo ſevere a conſtruction of his words as to affirm (becauſe I know him too well, to be ſo uncharitable towards him) yet I muſt ſay that he ſeems nothing leſs (as to the greateſt part of what he writes touching the Law) then to impoſe upon mens intellects, that which carries very little hint of Scripture, and colour of reaſon along with it; we live now in a free Commonwealth, where we hope there will be allowed no ſuch dictators: As our L •… hath not any Principum placita for any of 〈◊〉 foundations (which the Civil Law (that is much admired by Mr. P.) hath) ſo it will not admit of Clericorum placita, which his Book ſeems to impoſe upon us. There is no Law this day in the world, that doth ſecure a mans Rem & perſonam with more impregnable fences againſt wrong and incroachment, then the Common Law of England doth; and I will dare to ſay, gives ſpeedier relief notwithſtanding all the quick dispatches and deciſion •… ens rights, that are pretended to be made by the Civil Laws, if thoſe may be credited, that have had the experience of both; our Law may be truly ſaid to be the reſult of ſoundeſt reaſon, and it is ſo; for it was ſifted through the Sive of many ſucceſſive Ages; and yet I dare not but ſay that it may have ſome chaff ſtil remaining in it, (nay I know it hath) yet the preſent Authority are by little and little ventilating that chaff away; it cannot be done all at once, and it is not to be done without much conſideration, leaſt by plucking the Tares from amongst it, the Wheat be pluckt up alſo; and this Age doth afford many honeſt, able and wiſe Iudges and Profeſſors of it, that will moſt willingly and impartially help to ſever between its Corruption and Conſtitutions; and Mr. P. who hath ſaid much in his haſte againſt it (were he better acquainted with its principles) I believe would unſay what he hath ſaid upon a more deliberate review of what he hath written and publiſhed. He hath propoſed in his Poſtſcript of his Book, ſect. 6. That no Book ſhould be publiſhed, or come to publike view, which ſhould not paſs the approbation of ſome judicious men in every faculty. Had he obſerved this rule himſelf, I dare ſay, his Book had hardly, (if ever) ſeen the Preſs when he muſt have conſulted ſome of moſt Profeſſions about it, & had their conſents. I do not marvel that he hath ſo much tranſgreſſed the Rules of Reaſon in this point, when I conſider he ſo unadviſedly meddles beyond the line and limits of his own calling, and ſpeaks againſt thoſe things which he never had ſo narrow inſpection into, as he ought to have, that will write of their defects or corruptions. It is uſual with God, in the courſe of his providence to permit men to lapſe into ſtrange and ridiculous abſurdities, when they ruſh upon the reformation of thoſe Profeſſions which they have but a weak knowledge of, and of which they have hardly taken the rudeſt view or proſpect. The Harmony of the World lies in the diverſity of Profeſſions, bounded with their particular limits: and in the gradual ſubordination of the one unto the other; And herein is the infinite wiſdom of God ſeen moſt excellently that he hath appointed every man his place, and made him Steward of ſome part of the Creation, and a diſtinct miniſter of his Providence, the beauty whereof doth much ſhine in mens keeping within the Circle of thoſe Callings and profeſſions to which God (by a wiſe ſteerage of their diſpoſitions, and by diverſifying the tendencies of their affections hath ſhaped and timber'd their Spirits. I would not be thought to ſpeak this as a barr to any man from a rational and generous Inquirie into other Profeſſions then his own (provided he be not more abroad then at home, where he ſhould be,) but to adviſe men from a raſh cenſure of what they know not, and from taking up againſt any Profeſſion thoſe faint Arguments of men, (viz.) clamours and calumnies, the common ſanctuary and refuge of ſuch who are either malitious, or (as to the things they ſpeak or write againſt) blind in the colours of good and evil. Mr. P. in the Title Page of his Book, tels the Reader, that facile eſt inventis addere; I muſt confeſs, when I was going to read it, I expected ſome thing in the Reformation of the Law, that was a res inventa; but was ſo foyled in my expectation, that I found nothing new offered, that is worthy a meaner conſideration then that of them to whom he dedicates his Book; for either he hath propoſed that which was many years before propoſed, and is now under Conſideration in Parliament to reform; or what is already provided by old Laws long ſince enacted, and want nothing but the power of the Parliament to enliven them, and to give them a Reſurrection from under the naſty rubbiſh of neglect (where it hath been long interred) into a more vigorous actuation and livelineſs; for what elſe Mr. P. hath in his Book, it is either (as I humbly conceive) perplext and obſcure, impertinent, impoſble, or but unſeaſonably propoſed: but herein I will not be mine own Judge, becauſe the dint of Mr. Ps. Book is againſt my own Profeſſion; and now we will ſee what his Propoſals to the Parliament hold forth, and ſubmit it to the conſideration of the beſt and wiſeſt men. And whatſoever ſhall be the cenſure and judgment of good and wiſe men touching theſe ſudden lines of mine, I ſhall quietly and without contradiction ſit under the Majeſty and Authority of their Sentence.

Having thus far made my introduction to Mr. P. his Propoſals for a new method of Laws for this Commonwealth; I come now to anſwer his particular Propoſitions.

THat Mr. P. hath publiſhed all and more then he knows touching the Law, I verily believe; but whether he be willing to learn what he knows not, I cannot tell; had he known the good of it as well as exclaimed againſt what he conceives (or is told) is bad in it, I ſhould not have doubted of more candidneſs then he expreſſes in his Book; but let us ſee what Propoſal firſt appears.

Mr. P. firſt Propoſes, pag. 28. of his Book, That Regiſters be ſetled in every Pariſh, kept every year by two men choſen to that work; and all Lands, Houſes and Alienations entred therein and Copies transferred to the County Town. I ſuppoſe Mr. P. means, That a Regiſtry be ſetled, &c. Elſe there can be no ſence made of the firſt part of his Propoſal; I know who writes it. And therefore I ſay once for all, I ſhall not cavil at thoſe things in his Book which are ingramatical, and ſo near neighbors to nonſence; if by any means I may gueſs at his deſign and end. This Propoſal might have been ſpared, it being already under the conſideration of the Parliament, and modelled in a far better and leſs chargeable way, then this is; For what a number of Regiſters will the Nation be troubled with, if every Pariſh muſt have one, (when perhaps there will not be one Deed throughout the year, (at leaſtwiſe in ſome years) to be Recorded in ſome Pariſhes.) there muſt at leaſt be 10000 Regiſters, beſides the County Regiſter in the Commonwealth, for there are ſo many Pariſhes or thereabouts in the Nation; and it will be hard to finde in every Pariſh ſo many able and honeſt men as can and will be faithful in the careful tranſcribing and tranſferring thoſe Records. To the ſecond Propoſal, touching the Seal with the States Arms, I ſhall ſay nothing.

The third Propoſal, is, That in every County, every hundred yearly chuſe three men to be Peace makers, to hear and determine all common Controverſies between man and man, from whom they may not Appeal. That Peacemakers or Dayes-men ſhould be is certainly a good thing, agreeable to the minde and will of the great Law-giver of the World, and Awards and Arbitrements are part of that Common Law which Mr. P. is ſo much againſt; but in a different way then he would have it; for we ſay, that an Arbitrator or Peace-maker (as he terms him) in our Law, Is a Judge indifferently choſen by both parties to end that thing which is in controverſies between them, and which they ſubmit or refer to his determination ad Arbitriū. An Arbitrator hath an Arbitrary Power, while he keeps cloſe to the thing ſubmitted, and ſo far there is no appeal from him, his ſentence being abſolutely concluſive, and not controulable by any Judge. But here the Peace-makers are to be choſen by the Hundred in every County, and they ſhall hear and determine every Common controverſie, whether the parties ſubmit their Caſes to them or no; and that without any appeal from them, which in effect, is but thus much; Three men (be they wiſe or unwiſe, honeſt or diſhoneſt, fools or knaves, or both) ſhall be choſen by the plain and generally ignorant Countrey men of every Hundred, out of themſelves, to hear all common Controverſies between man and man, and to judge and determine them Arbitrarily: And let them judge for fear or favor, right or wrong, their Decree or Sentence ſhall be like the Medes and Perſians, it ſhall be the ne-plus ultra to every man in every Hundred. Whether this will not be of the moſt dangerous conſequence to the Commonwealth that can be, let him that hath but half an eye be the judge.

In the 38. pag. of his Book, Mr. P. would have two or more Peace makers appointed in every Town, or Place or Ward to hear the differences and Civil Controverſies between man and man, before any go to Law, and if poſſible let them end it; and he would have that done only by perſwading: Surely, Mr. P. did not warily peruſe his Book after he ſet down his conceptions: This and the precedent propoſition are direct contradictions.

In the 28. pag. he would have no appeal from the Peace makers, but their Sentence to de definitive; and pag. 38. he would have them onely to hear it before any go to Law, and labor to determine by perſwaſion if they can; I have a far better opinion of his laſt Propoſal then his firſt.

Mr. P. further ſaith, The happineſs in Government will never lie in Laws but men: But he muſt not deny but good Laws and good men together may make it more happy. And further he ſaith, That all good men carry good Laws in their boſoms: And do they out carry bad alſo? have they not a Law of Sin and Death, as well as a Law of the Spirit of life? a Law in their members as wel a Law in their mnide? We know good men err dayly, and the beſt of men ſometimes; there is no infallibility in their judgements, and no impoſſibility but a good man may be wrongfully byaſſed.

In the 36. pag. of your Book, the ſixth head, you verifie what is ſaid next before, That there are godly men not very wiſe nor juſt: We could wiſh they all were both godly, juſt, and wiſe, that ſhould have the Judicatory Seat of deciſion and determination of mens intereſt and proprieties, according to the good Laws made and ordained by Parliaments, and not by Peace-makers.

In Page 31. Section four, He tells us; All Entayls may be cut off for ever, and men have liberty to beſtow what they have, to whom they pleaſe, the Eldeſt ſon having a double portion. Obſerve the miſchief and ambiguitie of this propoſition. The miſchief of it, becauſe it deſigns the unſettlement of moſt eſtates in this Nation, though conveyed upon never ſo valuable a conſideration, and ſetled forty, fifty, nay a hundred years ago, yea, though (if it ſhould be cut off) the prodigal Father, or other Anceſtor have never ſo many holes in the bottom of his purſe, and be worſe then the Infidel that takes not care for his own Family; is this good councel, M.P. That poor and helpleſs children ſhould without any reſpect had to them, be deprived of a livelyhood intended and provided for them, when none was wronged, no creditor in being; and when the name of an eſtate, and not the reality of it, ſhall make the ſimple Creditor to truſt beyond diſcretion? for my part I think Caveat Creditor, as well as Emptor, if he truſt.

Secondly, The ambiguity of it. Firſt, Cut of Entayls for ever, then beſtow as you pleaſe, (That is,) Entayl your eſtate again; what ſignifies this? you muſt explain your ſelf to the world, to whoſe cenſure you have ſubmitted your book. I and ſome others may conjecture what you mean. And you ſay, the Eldeſt ſon ſhall have his double portion, as it is reaſonable he ſhould; but he will be deprived, if you will have Eſtates tayl to be cut off, and the Creditor let looſe a gainſt him as well as others without reſpect; or elſe your propoſition will be partial, which a Law for publique advantage ſhould not be.

In the 32. page and the head, M. P. ſayes; For a Body of Laws he knows none, but what ſhould be the reſult of ſound reaſon; nor any ſuch reaſon, but what the God of wiſdom hath appointed; therefore the moral Law (called them ten words) is beſt, and the Judicials of Moſes and Solomons rules and expements added thereto. All honeſt and juſt lawyers will concurr with you; but Mr. P. you know there is not in all theſe, an expreſs rule to judge every particular occurring, and contingent caſe that happens by; why then may there not be Regulae ex illis juribus ſumptae, to decide contingent caſes, (that fall not within the letter, though they fall within the meaning and generall proviſion of thoſe rules) as experience and occaſion ſhall require; I hope you will not deny but that this ought to be; then what is in our Law contrary to theſe Laws? Let that fall to the duſt, and I hope there will be none that will offer to ſupport them from falling: and Mr. P. muſt know that there is a Chriſtian Law of Policy, that doth many times limit the law of nature and right reaſon, as I need make no other explanation to him then this that there is a law of God, that thou ſhalt not kill; And there is a Law of the ſame God, that thou ſhalt judicially take away mans life, where his offence is commenſurate to life. Here is natural reaſon, and the Law of God, that I ſhould not kill; and here is politick reaſon, and a Law of God, that I ſhould not withhold my hand from blood in a judicial way. M. P. doth further wiſh the Lawyers to urge theſe for Law; And not thoſe old obſolete Preſidents, which will hardly prove or make a Seamans ſute, to fit our occaſion: We urge nothing for Law that is againſt theſe, or incoherent with them; if we do, we deſire M.P. to tell us where, and prove it, and we ſhall follow his Councel elſe his Ipſe dixit will not drive us out of our Reaſon, or good opinion of the Common Laws of this Land. What he means by our Preſidents (which for the moſt part will be juſtified to be the reſult of ſound reaſon, if he will venture a calm and Chriſtian like argument about it) not proving a Seamans ſute to fit our occaſion. I know not it is intended for a Proverb; but a very poor and perplext one, and nothing to the purpoſe to prove any thing againſt our law; if it be (I am ſure) it will hardly ſute with my underſtanding, upon this occaſion either to comprehend or Anſwer it.

He ſaith next in Page 33. If any lawyer be continued, let him be allowed; and ſo page 43. Pro. 15. and let him plead for Juſtice ſake; but why not continued? is the profeſſion unlawful? ſure I am, you cannot prove it; or is it from the corruption of ſome of the profeſſors of it, that you argue againſt it? then let them be found out that are corrupt: and when they are found and Adjudged ſo, let them be ſuſpended from practice, and otherwiſe puniſhed according to demerit; nigro carbone notentur. But that there ſhould be no Lawyers, becauſe Fees are bottomleſs, is no Argument; and if you would have fewer Lawyers, be inſtant with God that the peoples manners may be amended and that the Goſpel may have a more influence upon them, and that men would do as they would be done unto; and then (if you and we ſucceed in our Addreſſes to God in this reſpect,) there will be very little need of Law or Lawyers; but while Creſcit in orbe dolus, there will be need of Law, and honeſt, and wiſe Lawyers. And we may bleſs God that provided us ſuch remedies. As for their Fees, let them be regulated, as ſhall be thought fit by the State. You are angry with them, and therefore no competent Judge over them.

Page 33. Sect. 6. Mr. P. ſaith, Wills and Teſtaments may be Acknowledged by the next two Juſtices of the peace; before whom they may be proved without any charge, and then entered into the former Regiſter.

But what then? when they are acknowledged, Do you ſuppoſe all Wills to be good then? and muſt the Juſtices be Judges and Interpreters of the Wills and Teſtaments of ſuch as deviſe eſtates? are they all throughout the Nation ſo quickſighted, as to diſcern the Intentions of Teſtators in their Wills? and Judges fit to decide whether men make Wills with diſpoſing memories and underſtandings, or no? can they with eaſe reconcile the ſeeming contradictions that often happen in diyng mens Wills, by reaſon of thoſe ignorant perſons that many times they are neceſſitated to imploy to write down their Wills? are they ſo able Judges, where ſeveral Wills ariſe in competition one with the other to decide the controverſie aright, which ſhould take place? and do they know how to determine, whether, and when a Nuncupative, or a Verbal Will ſhall avoid a written Will or no? If ſo, then let the deſign of your propoſal proſper; if not, you may bluſh to propoſe a thing that will prove an apparent miſchief to the Land.

Pag. 33. Propoſition 7. Mr. P. adviſes, That all the old Records in the Tower may be burnt as the Monuments of Tyrannie. But he proves them no ſuch thing; there may be there many uſeleſs and antiquated Records; but ſhall all be burnt for their ſakes; are there not many Records there which may give much light to this and the ſucceſſive Ages, to ſee the ſpirit and temper of many former Ages paſt. My Lord Bacon, who I am ſure hath the eſteem of a wiſe man where his Books were known, gives a contrary advice, That the ancient Volumes of the Laws ſhould not be quite extinguiſhed, but at leaſt remain in Liberaries, that in caſes of weighty conſequence, we might conſult the mutations of Laws paſt, & ſprinkle modern matters with Antiquity: Bacon Advanc. of Learning. pag. 452. Aph. 63. what reaſon Mr. P. hath not to be of the ſame mind, I know not. I ſhould have been very glad he would have offered ſome thing to make the world believe he knew it himſelf.

Pag. 34. Propoſition 8. Mr. P. propoſes, That no Lawyer might plead at any Committee: but why Mr. P? nothing but a ſic volo. I will ſuppoſe it muſt be one or all of theſe three Reaſons he would give; when he will not ſet down his own reaſons. 1. That every Committee is ſo wiſe, that it is impoſſible for them to receive any ſatisfaction or information in any caſe that ſhall come before them, or in any circumſtance of any caſe, more then they of themſelves can find out. Or 2ly. That every Committee is ſo weak as to be hurried to and fro, and unſetled in their judgements by the fallacies of Lawyers (and not otherwiſe, for by offering Truth, their judgements are ſetled and fixt;) Or 3ly. Mr. P. muſt intend, That every man is able to manage his own Cauſe to the beſt advantage of Truth and himſelf; which I will not affirm, though he do ſo in Pag. 42. Pro. 13. But Mr. P. you will find Lawyers to be neceſſary at many Committees to plead, & to help them to overcome many difficult caſes that may lie before them; and you may aſſure your ſelf (if you pleaſe) it is very ſafe, many times, that for the honor of the Parliament it ſhould be ſo, if the roving and tedious Oratory of ſome Lawyers could be bounded within the due confines of the Truth of thoſe particular Caſes they handle, as they are truly circumſtantiated.

The 9. Propoſition in the ſame page, and the 18. in page 46. and the 2. in p. 35. are againſt arreſts, and impriſonments, and for Summons to be left at mens houſes; this is already anſwered by the Philizers, who have offered very ſtrong and plauſible reaſons for the proceſs of Arreſt, and againſt Summons; which they have publiſhed in Print, and ſubmitted to the Parliament; under whoſe conſideration it now ſtands. And I muſt tell Mr. P. That ſome of them, that have publiſhed theſe reaſons, are neither of mean parts, Piety, or fidelity to the Preſent Government. Mr. P. would not have any put in Priſon, or puniſht with a loathſome Priſon, as his words are, before hearing whether he be guilty or no. i. e. before he ſay, Guilty or not Guilty: but, Sir, how many men when they are ſummoned in order to be heard, will come? eſpecially as you ſet your words, Any put in Priſon; and when they appear and are heard, how many, or rather how few will confeſs any thing againſt Themſelves, and to their own prejudice? as indeed they may not be urged to do: But in page 51. Propoſition 2. Mr. P. Seems to allow of Priſons for criminal cauſes, though before he would not have any put in Priſon.

The 9th Prop. in the 34. Page, is, That none ſhall diſtrain for Taxes or other Debt; but the Debtors outward door to be carryed to the Town houſe; and as many other new doors as ſhall be ſet up the ſhame and danger hereof will urge payment. Why not a diſtreſs for Taxes? is not the doors taking away a kinde of diſtreſs? But ſhould that be admitted, which you propoſe touching Taxes (becauſe it is a novelty, and may tickle the fancy of people that affect changing, and are never well, while they are fixed, but always ſo when they can toſs and tumble themſelves in the element of Mutation) yet how can your remedy be adequate to the caſe of other Debts, can 10000 l. or 20000 l. debt, be ſpeedily got in by plucking off from a Debtors houſe the outward door? I am not able to underſtand it, and I doubt the Reader neither.

Page 35. Prop. 3. Lying long in Priſon before Sentence, and delay of Juſtice, is cruelty: It is ſo, and I could wiſh from my ſoul it were not ſo, and that herein you would be more earneſt, and that Committees were not as much in fault as the execution of the Law in this point; and that Priſons were kept by honeſter and more conſcionable men; ſuch being indeed generally the very ſcum and refuſe of mankind; and for delay of Juſtice to men, our Law ſaith, Nulli negabimus, nulli deferemus juſticiam; and for the execution of our Law, and expedition of Juſtice and Right to every man, there was never greater care than our now Judges of the Law do and have undergone.

Page 36. Prop. 5, 6, 7, 8. Are in ſubſtance thus much, that you would have one or more Committees of good, Wiſe and juſt men, to receive the requeſt and advice of every particular Town and County for the obtaining of true Juſtice, and hindring of Suits; and that no man or Court of men be always above Juſtice. Sir, may not there rather be a view taken of the preſent Law, and what is good in it countenanced, and its exuberances and gray-headed errors expunged, with the advice of them that have throughly ſtudyed it, and a diſgeſt made thereof; and what it wants, ſupplyed by ſuch new Laws as it needs, it having already almoſt a ſalve for every ſoar, which is one of the moſt excellent fruits of the Age of our Law, that by running its courſe through ſo many Ages paſt, and meeting with ſucceſſive contigencies, it hath brought down Rules to us framed from experience of the former Ages: ſo that there is ſcarce a Caſe that wants a Rule of juſtice and reaſon to guide it by. I may preſume the Parliament, and moſt of the beſt of men in this Commonwealth, ſee leſs need of your Committee, then what is here propoſed for the reformation of the Law.

And Mr. P. ſaith, no man or Court of men are to be always above Juſtice. AIWAIES! No, not as much as ONCE above it; and yet if you would have no Appeal from your Peacemakers. or your 5. or 7. men, in Page 39. pro. 11. They muſt in all likelihood be above juſtice, and be gratified with the priviledge of Impunity. 37. page, pro. 8. M. P. urges, That Priviledges ſhould be taken away, that bring damage or hurt to the Common wealth. This is very good; provided it be apparent that the State is prejudiced thereby; otherwiſe the priviledges of the City of London, and other great Cities and places may be impeached in that which is an apparent good to them; but until M. P. doth come out of his ſubterfuge of Generals, into the plain field of particulars; as we are diſabled, ſo we are not willing to give him any further anſwer in this point.

Page 39 pro. 10. M. P. propoſes that to the end That Juſtice may be near to all men, that there be in every City, Town, or Hundred five or ſeven able men appointed to determine all controverſies for Debts, and Strifes, and any three of them preſent to have power to give ſentence: And afterwards he propoſes, That in weighty caſes, they may conſult with learned Advocates, and Divines. That Juſtice may run in clear ſtreams by every mans door, it is already provided by our Law: The learned Judges, (being bred up with much expence of mony and time, and wading through a Toylſom ſtudy; and therefore knowing better to decide aright all controverſies for Debt, &c. then any private Countrey Gentlemen, whom he would have to be a Committee) do ride Circuit throughout all the parts of the land to hear and determine (not arbitrarily, but by juſt rules known to the people, whereof they have had long experience,) all cauſes of what nature ſoever they be, whether Criminal or Civil. Then I pray tell us what need is there of ſuch a Committee, as you ſpeak of, and of ſuch a number of Committee men as your propoſal would have? ſeven in every City; ſeven in every Town; and ſeven in every Hundred: Many Counties in the Nation have thirty or forty Towns; beſides Cities, and Hundreds; what a number of Committee men muſt there be then in ſome Counties? at leaſt 200. and who muſt pay them Salary? muſt not the State? or will they ſerve for nought? No ſure. Sir, I muſt tell you, that you have not well conſidered what you propoſed; do you think that your propoſal can tempt men out of their reaſons, and conveniences to embrace ſuch a dangerous trifle of novelty? No Sir. Fruſtra fit per plur a quod fieri poteſt per pauciora.

And for their conſultation in weighty matters with learned Advocates and Divines, the Judges in all weighty caſes do conſult again and again with learned Advocates and Councellors; but with Divines they do not, except in caſes of conſcience; And I could wiſh Miniſters would forbear propoſing for themſelves, and to labour to enlarge their priviledge, to meddle beyond their own calling, which is work enough of it ſelf for them to do; this would be more profitable to their Flocks, and more honorable to themſelvs.

Page ibid. pro. 11. He would have no Appeal from the ſentence of theſe five, or ſeven men, but in weighty matters; and that appeal is to be from themſelves to themſelves; ſeven of them ſhall have power to reverſe or confirm the Judgement of ſeven, or a leſs number; or if yet an Appeal muſt be, it ſhall not reach out of the County, for many weighty reaſons: Thus much I underſtand of this propoſition; The greateſt part of the reſt of it is a riddle to me; but why no Appeal? and if an Appeal to the ſeven men, or if from the ſeven men, not from the Counnty? the reaſon given is: For many weighty reaſons; what a Chimera is this? I am ſorry the world ſhould be troubled (I ſay no more of it) with ſuch impertinencies.

Page 43. pro. 14. Let all mens teſtimonies be taken on oath, by notorial writings; yet ſo as witneſſes may be examined by word of mouth, each apart; The teſtimonies of witneſſes on oath are put in writing in ſome Courts, and examined apart; and ſome other Courts by experience find it not fit ſo to do, but to examine them coram populo: where Judges, Jury, and Councel pro and con watch the halting of falſe witneſſes, if they ſhould ſwear falſly; and before ſo many obſervers of their Teſtimonies falſe witneſſes very rarely eſcape undiſcovered.

Page 47. and 48. pro. 9. Mr. P. would have partiality prevented; then let him not ſpeak againſt the preſent Law, and its judges; for we know none more impartial, neither do we believe any can be, that ſhall come in their ſtead.

Page 48. He would have great puniſhments inflicted on them that take gifts, or pervert Judgement: Charge any of the preſent Miniſters of the Law therewith, and prove it, and you ſhall find the Law it ſelf hath provided them puniſhments ſevere enough, Mag. Ch. is that nulli venden us juſtic. &c. and more commenſurate to thoſe offences then we ſuppoſe you can offer.

Page 48. pro. 20. M. P. would propoſe That ſore puniſhment be inflicted upon falſe witneſſes. The Law of England hath provided puniſhment ſore enough for this alſo.

Page 49. pro. 21. Some able men muſt be apppointed, to be ambulatory or Itinerant from Court to Court to obſerve the injuſtice of theſe ſeveral Courts that Mr. P. would have ſet up. And to inform the State of thoſe, that they may be puniſhed Mr. P. Would have ſet up in every City, Town, and Hundred, five or ſeven able men, which in each of thoſe will (as I told the Reader) amount (in ſome Counties) to 200. men and upwards: And there muſt be one in every City, Town, and Hundred to obſerve the Irregularities of theſe particular Committees (for I cannot ſee how it can be otherwiſe) which in the ſeveral Committees of a County (by Mr P. his rule) will amount to 30. or 40. men; for fewer cannot well obſerve the injuſtice of theſe ſeveral Committees that will conſtantly ſit. Will not this make a leane State? that it ſhould maintain all theſe officers in every County of the Common-wealth? there being 73. Counties in the Nation, and by Mr. P. propoſal there being near 230. or 240. officers in moſt of the ſaid Counties, except thoſe which are Counties of Cities; I think the Nation will not have much cauſe to rejoyce in ſuch a Multiplicity of officers.

Page 51. Mr. P. would have no malefectors againſt the light of nature and Civil ſociety eſcape unpuniſhed, &c. No more will the Laws already eſtabliſhed in the land, nor its profeſſors; they will all approve of this propoſal.

Page 53. pro. 4. Mr. P. would have no man or Court of men to pardon any offenders; what? not any ANY offenders, let the Circumſtances or his caſe be what it will, nor no Court of men to pardon? not the Parliament? this is the very ſpirit and Quinteſſence of Cruelty (though I think Mr. P. means it not) not warranted either by the Law of God or man, and though the next line under this propoſal be Quotations of Scripture; yet to warrant this propoſition in the latter of it by theſe Scriptures, is Humano Capiti cervicem jungere equinam; and indeed moſt of the Places of Scripture that are cited to juſtifie Mr. P. propoſitions, are extreamly miſapplied. And many times contrary to the very Tenor of what he propoſes, as if they were annexed at adventure.

Page 53. pro. 5. Let no difference be made between Jew or Gentile, Bond or Free, ſtranger or Native in Criminal or Civil things, &c.

There is no difference between them made by our Law in point of right between man and man; onely our Law favours a Native more then a Stranger in ſome reſpects; as if a Stranger or Alien from beyond Sea come over into this Nation, to live here and bring his children with him, and then purchaſe Lands here, thoſe children that were born beyond Sea (Ireland and ſome ſmall other Ilands where the Laws of this Commonwealth are currant excepted) ſhall not inherit theſe Lands; but if he hath children born here in England, they ſhall Inherit, becauſe our Laws favor Natives more then Strangers, in this reſpect; and if ſuch an Alien die without any iſſue born in this Nation, his Lands ſo purchaſed, come to the Common-wealth; but in moſt other caſes, they have equal Juſtice with other: I conceive this is not contradictory to any Law of God: eſpecially the Alien knowing the danger of purchaſing Lands before hand; the other caſes in which he hath not a like priviledge with a Native (though they are but few) yet are too tedious, and indeed needleſs to inſert here.

Page 54. pro. 6. He propoſes that the children and heirs of malefactors may not be puniſhed for their Fathers offences in the loſs of their eſtates that might deſcend or otherwiſe become unto them; I acknowledge it is hard, and I could wiſh with Mr. P. That the Fathers having eaten ſour grapes, the childrens Teeth may not be ſet on edge.

Page 56. Mr. P. propoſes that theevs for ordinary ſtealths, (I mean not Robbers upon high wayes, or Burglers) may not be ſo commonly hāged as they are. This I could wiſh alſo, (though in this there is not now ſuch ſtrictneſs obſerved as the Law preſcribes,) but that they be made Gally-ſlaves, or that ſome other ſuch courſe be taken with them, as not to take away their lives, and conſequently all hopes of making of them better. And I ſhall fully concur with Mr. P. herein; I have ended as to Mr. P. his propoſals touching the Law, wiſhing him to conſult a little more before he writes ſo raſhly again; That which concerns other profeſſions and callings, they beſt can tell how to anſwer, that are Profeſſors. I will not be, as Mr. P. is, Sutor ultra crepidam. And I have done what is here done, more haſtily then the merit and honor of the Common Law deſerves; yet I hope its profeſſors will excuſe my faults (for I conceive no other is a proper Judge of them) they being errors of love to that which is good and juſt.

Major haereditas venit unjcui que noſtcum. a jure & legibus, quam a parentibus. FINIS.