Monarchy, no creature of Gods making, &c. wherein is proved by Scripture and reason, that monarchicall government is against the minde of God, and that the execution of the late king was one of the fattest sacrifices that ever Queen Iustice had ... / by Iohn Cooke ...

To the Supreame Authoritie of the three Nations the Parliament of the Commonwealth of England.

Most Renowned Senators, who like the Heavenly bodyes, having for ma∣ny yeares been in conti∣nuall motion for your Countreyes good; have by Gods blessing upon your unwearied labours after so many Hericanes by vertue of the Act of May 9. 1649. brought the Ship of State to Anchor into its desired haven, and setled that forme of Government which was appointed for Gods peculiar people who chose a man of every Tribe, a head of a house, Captaines of Thou∣sands, and of Hundreds, famous, Choyce and mighty men of vallor; Chief of the fathers of the Children of Israel, to assemble at Ierufalem in publique Councells (1 Numb. 4. 2 Chron. 1. 2. and 5. 2.) a Commonwealth and free State; governed by their Representatives in Par∣liament, and such whom they shall appoint for the good of the People; of which blessed Statute 〈◊〉〈◊〉 onely say this, that since the Apostles dayes

there was never more Divinitie, Reason, and Eloquence, in any writing, for (as it is said of humility) it is not onely a vertue but a ground worke for, & a vessell that containes all the rest, so this Statute is that only Law (of the Medes & Persians) that is unchangeable & consequent∣ly above the Law makers, for a free people may not make themselves subject to any mortall man, that rule of my Lord Bacons, that the su∣preme power may not binde but dissolve it selfe, being to be understood from Monarchy to a free State, but not from liberty to slavery. But I ob∣serve that few understand the true ground and reason of it, looking no further then at the wic∣kednes of Kings, their oppressing; burdening, im∣poverishing, and enslaving the people, and so make it an Act of selfe-love to ease themselves in casting their riders, as if good Kings might be tollerated, who giving the people many good words and some few good Acts of grace enslave them faster (as the Sun sooner takes away the travellers cloake then the winde) like those which we call good witches, that seeme to cure one that they may without suspicion bewitch twenty, whereas if any man shall aske why hath the Parliament abolished the Kingly office in England and Ireland? the answer is, be∣cause God commanded them so to doe, that it was not out of any affection of change, nor yet onely for the ease of the People, but from a Di∣vine precept and consciencious principle in the faithfull discharge of their duty to God and man▪

that for any people willingly to suffer Monarchy is to make themselves wiser then God who hath told us that there are no Lawes so righteous as those which it pleased him to give to his Elech People to be governed by Deut. 4. 7. For what Nation is there so great that hath Statutes and Iudgement so righteous as all this Law that I set before you this day, the very first of which Lawes was that wise men and understanding knowne to be such among the Tribes should be Rulers and heads of the people Deut. 1. 13. An Elective Aristocracie being a principle in na∣ture for wise men to governe ignorants, as pa∣rents their little children that cannot order them∣selves▪ for I can finde no other ground whereon the conscience of a Christian can rest with any satisfaction, but the Law of God, hee whose Conscience beares him witnesse that he would have had no hand in the Kings Death, no finger in the change of the goverment, but in a duti∣full conformity to the Law of God, from the Divine authority (which not to have done had been flat Rebellion against God, and a contempt of his holy Law) sleeping and waking will be at rest; that to have made an agreement with him had been but to put a Crowne of Gold upon him and a Crowne of thornes upon Iesus Christ, the saving of him had been the beheading of all holi∣nes and righteousnes, the sparing of him would have been of far more mischievous consequence then the sparing of Agag, and if the life of the Parliament and therein the lives of all honest

people had not gone for his; Certainely never can any true Christian that would have taken in his interest be quiet in his Conscience without repentance: Iudge Fortescue (chap. 5. hath a story of a Gentlewoman at Salisbury, who be∣ing accused by her owne man for murdering her husband, was upon his oath without any further proofe condemned and burnt to ashes, but within a yeare after it was discovered that the Accuser was the murderer, who cleered his Mistris, though too late; but the Iudge who suffered the Iury to finde her guilty upon a single proofe (not informing them what proofe was necessary, the Law of God requiring two witnesses at the least, in such cases, Num. 35. 30. who so killeth any person, the murderer shall be put to death by the mouth of witnesses, but one witnesse shall not testify against any person to cause him to dye) was so troubled in minde that he confessed that he should never be able to cleere his conscience of that fact; You that professe your selves to be Christians and yet would have taken in the Interest of a murderer who was the prin∣ciple Author▪ Contriver, Abettor, and Counte∣nancer of the effusion of somuch Innocent Blood, Rapines, devastations, depredations and desola∣tions in England, Ireland and Scotland, for an unjust prerogative, read the next verse 31. yee shall take no satisfaction for the life of a murderer which is guilty of death but he shall surely be put to death, and know that it is onely the blood of Iesus Christ (which cleanseth us from

all sin) that can purge you from that sin; which calls for repentance in all sorts of people, Levit. 4. 2. 27. And certainly if that Iudge was haunted with the Ghost of that Gentlewoman for an omission in his dutie in manner as afore∣said, or per adventure for not giving strict charge to the Iury to enquire diligently into all the cir∣cumstances; how can any Christian hope to sleep in quiet, so long as he murmurs and complaines a∣gainst the Iustice done upon such a murderer, and God being as infinitely Glorious in Iustice as in mercy, all that are for Christ are commanded to rejoyce that he hath avenged the blood of Bar∣row, Greenway, Tisdall, Coppinger, Mr. Burton, Mr. Prin and Dr. Bastique, and other his persecuted servants upon that state of men which were most guilty thereof Revel. 18. 19. 20. and to blesse God that the, roaring of the Lion, the voyce of the fierce Lion, and the teeth of the young Lions are broken▪ the old Lion pe∣rished for lack of prey and the stout Lions whelps scattered abroad, Iob the 4. 10. and Psal. the 58. 6. 10. It is not my private interpretation but the learned Divines and their anotations, that by Lions are meant Tirants, and by whelps their children that Anti-Christian state of men that would be obtruding and enforcing Liturgies and Directories upon Gods people. Elay 14. 13. 14. that will be like the most high, making their will a Law, giving no reason or account of their actions, he that opened not the house of his pri∣soners must be cast out like an abominable breach

verse 17. 19. and verse 21. prepare slaughter for his Children for the iniquity of their Fathers that they doe not rise nor possesse the Land, nor fill the face of the world with Cities for the name, Sonne, and Nephew must be cut off, and that 58. Psal. compared with Esay 7. 5. 6. seemes as it were to prophesie and point at the third of September last that what ever evill Councell should be taken against the good people in England, to set a King over them even the Son of Tabeall, thus saith the Lord God, it shall not stand neither shall it come to passe the great teeth of the young Lions are broken, those wic∣ked Instruments whereby they would hurt shall melt away and be cut in peeces, therefore shall the righteous rejoyce with Anniversary solemni∣ties, for that there is a God that hath Iudged in the earth, I have endeavoured to satisfy the peo∣ple that the great Gorgons head that hath so long inchanted them, was Sacred Majesty, and to evince it by Scripture and reason that Monar∣chicall Goverment was never of Divine Institu∣tion ordeyned in love to any Nation but by a Di∣vine permission hatefull in its nature, as Adulte∣ry or Murder, & most unnaturall for fooles to go∣verne wise men, and that in matters of Iustice the Law must not be set by the Scripture and not repugnant to it, otherwayes we set the Sun by the Diall, which must not be understood as if there were a president or example to be found in Scrip∣ture for every case, for mens actions are so infi∣nite, that there will be different cases as differing

faces not alike in all particulars; but the princi∣pall cases of moment are to be found in Scrip∣ture, and such generall rules, exemplars, and Idaeus, are there laid downe that every man may thereby be assured of the Iustice of any partitular case that hath a minde studious therein, and* 1.1 that no law ought to be made till it be examined by the word of God. And because I know that nothing is more welcome to your Honorable wis∣dome then truth and nothing more honored then sincerity in the Inner parts, therefore I humbly crave leave to speake a few words concerning this weighty and Important matter of the Rule of Iustice, I have seene some Treatises wherein the Spirit of God (who is Iustice and Truth) is much breathing concerning a Reformation or ra∣ther a new plantation or foundation of Lawes proceding, I am confident from consciencious principles, and a pure love to Iustice and the pub∣lique good; but its possible that there may be some spots in the face of Venus; I conceive in generall that Civill prudence for governing of a State and Commonwealth, is to be fetcht and drawne from the sacred fountaine of Scrip∣ture rather then the puddles of history, the Law of God being the generall directresse of all lawes as the NorthStar directs the Sea-man to his Port, not that wee should dispise human learning▪ for Moses and Daniel were learned in all the wis∣dome of the Chaldeans and Egyptians, and the least sparks of the Image of God are not to be neglected; this I say of learning that it is a

Iewell so excellent in it selfe that it shall never have but one enemy which is the ignorant man; It is most true, that human wit and pollicie hath beene much of that smoake of the bottomlesse pit that hath blinded the eyes of many Nations, but God grant (I wish it from my heart) that Eng∣land which twelve or twenty yeares since so much Idolized learning be not in another age as much plagued with ignorance; as it is a mistake on the one hand to confine the attainement of learning to places that no man should be a Ma∣gistrate or Minister that hath not been educated at the Inns of Court or Vniversities, for provi∣ded men have parts, & abillities, the place where or manner of acquiring them is not materiall; so on the other hand to hold that all honest, godly men, are fit to be Magistrates or Ministers is as unsafe, for though it is fit that every Magistrate or Minister should be an honest man, yet every honest man is not fit to be a Magistrate or a Mi∣nister, I am perswaded that there are fewer, converted and regenerated in this last ten yeares notwithstanding the multiplicities of Sermons and glorious freedome of the Gospell, then there was in ten yeares before; though there was scarce then one Sermon for many since, because the generallity of people neglect a soule searching powerfull, learned Ministery and follow others who though they may be Godly, yet are but a voyce in comparison; there may be some persons which are not called to the Barre that are fit, and able to be Iudges, men famous for

Godlines and excellent in wisedome and reason, which must be the life of all human lawes with∣out exception, but that any man should be fit for such an imployment that hath not a good stocke of learning and discretion, as some men seeme to insinuate; I confesse it is above my apprehensi∣on; I doe exceedingly honor the whole fabricke and forme of the Israeliticall pollicie; and cer∣tainely no Councell can well governe any State, where Christ is profest; that neglecting that sa∣cred Law, shall fetch the Rules and limits of Iu∣stice and equity from other histories, for human prudence is in many things blinde, and in others perverse; & he is but a profane estimator of Gods VVord, that shall thinke any human Lawes to be as good as the Lawes of God; it is true that since Christs time the Scepter is departed from Iudah, and the Law-giver from among his feet, but the Equitie of that Iudiciall Law which shines in those Institutes is Morall and perpetuall; Circumstances only being chang∣ed, and some particular cases excepted▪ accord∣ing to the nature or disposition of severall people, some requiring a straiter bridle then others; for was there ever such wise Kings in the world as Moses, David, and Solomon, whose fa∣mous Acts recorded in Scriptures, are not onely propounded to us as examples of Pietie; but of true Prudence and VVisedom; and the Gentills, even the wisest amongst them as Solon and Plato acknowledged Moses Lawes, to be the best and most learned and travailed into Phae∣nicia

Syria, and Egypt, to be acquainted with the people of God; and their Lawes; and because Plato borrowed so much from Moses therefore hee is called Mosen Atticum, and Pythagoras spent two and twenty yeares with the Priests and Prophets, and then went into Ita∣ly where hee instructed six hundred Schollers in the wisedome of Moses and the Egyptian writers called Moses, Andra, Daumaston ki deion, Virum admirandum ac divinum, certainly the Platonists were therefore counted the best Phylosophers, because they came neerest to Moses Law, and had it not been for Monar∣chicall Goverment all the world had long since been governed by the Lawes of God in matters of Civill Iustice; that high commendations which is given of our Lawes, that if Adam had not sinned in Paradice all the world should have been governed by the Common Law of England, is either Complementall and Poeticall▪ or els must arise from that Maxime, that the Law of England is grounded upon the Eternall Law of God, right reason and pure naturall principles and that sentence of better it is to go to the foun∣taine then to follow the streames, is very ex∣cellent, if it be rightly understood, of the Law of God; which is the fountaine of all true Iustice, Iosephus sayes, that Ptolomy Phyladel∣phus, the most prudent of the Egyptian Kings, when Theoprast had sent him Moses Law in Hebrew, he sent Embassadors to the Iewes to intreat them to send men skilfull in Hebrew▪

and Greeke to translate it into Greeke, which being done hee made it in force throughout his Dominions; but how little doe Christians prize this good Law of God, 1 Tim. 1. 8. which place must needs be intended of the Iudiciall Law, as my honored friend Mr. Peters hath rightly ob∣served, for he speakes of the Law against Mur∣derers and VVhoremongers; did Plato and those famous Law givers light their Candle at Moses Law, making use of Scripture for Civill wise∣dome, though not for their Religion? and shall Christians that have such a Treasure in their hands as the holy Lawes of God, make no use of it for the Civill pollicie of States for which the Iudiciall Law was principally intended? I ne∣ver understood any other Reason of Clergy mens sitting in great Councells, but that no Law might be enacted till it were examined by the Law of God, and the Levites being Iudges amongst the Iewes does not prove that one man may have severall callings, for all true reputation consists in the discharge of a mans proper profession, but that the Law of God was as their Civill or Com∣mon Law, Iustice is the end of the Law, the Law is the Commonwealths servant; the Magi∣strate is Gods Party, and the Image of God; therefore the Law must be in substance accord∣ing to the modell of the Law of God. Blessed be God for the many good Lawes that have been made since Ianuary 30. 1648. yet still I heare that the great cry in England is Reformation of* 1.2 Lawes no doubt there may be abuses and errors

specially in the practicall part of the Law, and I know, it is and hath been long in your Honors Breasts to Rectify and Reforme them, and to settle an expedient for speedy, cheap, and sure Iustice to run downe, not by drops, but like a mighty streame, Amos 5. 29. in a quicke, constant and invariable way; I confesse I am something troubled at the diversitie of honest mens opinions in this particular; some looke upon it as a more difficult worke then abolishing the Tirannicall Goverment, that Lawyers will struggle asmuch for their interests, as Bishops did, that many honest men must be disobliged who have been cordiall to the State, and must suffer Diminution in point of Fees, and so conclude that the worke is not done, because it cannot be done, though it be the earnest desire of all honest men, yet the difficulty of the worke discourages the enterprise, as Columbas and others who discovered the westerne Plantations knew that there was Land there; but lookt upon the voyage as insuperable, whereas (to my weake appre∣hension) there will be no such great difficulty in the thing, for first as to suites already depending either they are for weight and number like the sands of the Sea, in comparison or may be all ended in a few mouthes; indeed after Civill warrs, what by reason of former obstructions in Courts of Iustice; and personall Animosities there must needes be aboundance of suites, and therefore in Germany, France, and other Na∣tions upon the settlement of a Peace, they usually

passe an Act of Oblivion or grant Commissions for determining them in a summary way, dis∣pensing with the solemnities of their Imperiall Constitutions and municipall wayes of proceed∣ings, the people having been so exhausted by the warrs, being not able to undergoe tedious Circu∣cularities in their Law-matters; for the reme∣dy would prove worse then the disease; and then for the future, men will not be so contentious, when they see that it is in vaine to begin or de∣fend unjust or vexatious causes when delatorie and declinatorie pleas and exceptions (like the Sea-marks) are to be avoyded and will not be allowed; for this I observe, that no man wages Law, but in hopes to cast his adversary, if not by the merit of the Cause, yet by crosse suites and clapping great Actions upon him who is not able to give Bayle thereunto, or by the Defendants wearying out the Plaintiffe, and forceing him to become Recreant, like the Tryall by battaile, if the Defendants Champion can hold out so many houres his innocence is presumed, or like the Ty∣rant that threatned Death to one, unlesse he would make his Asse to speake as Balaams did; which hee undertooke to doe in three yeares; and his friends judging him to be in a desperate con∣dition, he said, that within that time, either he or the Tyrant, or the Asse would be dead; but when men shall peeceive that it is but an expence of time and of coyne to defend unjust suites or to Comence frivolous or malicious Actions; the par∣ties will agree, and there will not be one suite of

twenty, and for difficult matters experience shewes us that speciall verdicts are very rare, and not one Exchequer Chamber cause of one hundred; As for the time of this Reformation, no doubt but the sooner the better, matters of safe∣ty and security against common Enemies, and dangers, being in the first place lookt after and throughly provided for; otherwayes it is but to looke after the bootie before the victory be wholly obtayned, but then with all possible expedition because as to the malignants in England, spe∣cially such as make any Consciencious scruples a∣bout great Mutations there is nothing will so soone win their hearts and settle their mindes in conformitie to the present government as the Regulating of the Course of Iustice which belongs to all men as men onely, and not as Christians; it is not the force of power but the force of reason that conquers hearts, and certainely as the spring is best for purging naturall bodyes, so is the spring of a Commonwealth the most proper season for rectifying bodyes politique, when the wheeles of Reformation are well oyled, and in a true mo∣tion, no man thinks himselfe a looser, though he suffer in his particular, because the publique is a gainer, and it is but the Law and necessity of the times, but let that motion cease and the clock stand a while there comes a rust; & it is difficult to raise the Bell in ringing, and that which before would have been counted a just and necessary re∣formation will be called (by persons interested in point of lucre) a dangerous innovation. But it is

not in Law as it is in Religion; It was great wise∣dome to put downe and extirpate the Hierarchy before any order or government was agreed upon, but if there were ten grievances for one in the Law, it would be lesse mischievous to Continue them all then to have no Law at all, for should the force of the Law be suspended but one day scarce a man living but hath some enemy or other that would destroy him in body or estate in that time; Nor is it lawfull for any Iudge but onely for the supreme authority to remove a stone which is ill placed in the building; Lawes that are made by publique consent are not to be judged or censured by any but the Law makers, because by them all judgement is made; as Iustice (which is to doe reason to every man) is the end of the Law so the Law must be the rule of that Iustice; a Iudge must not judge of Lawes, but according to Lawes, and no man must be wiser then the Law, are excellent maximes, the Law is the hedge of every State, and he that breaks downe the hedge shall be bitten with Serpents: I consesse it would be most honorable for the Reverend Iudges and learned practisers of the Law to pre∣sent an expedient to that good effect, and to doe it so effectually as to challenge all rationall know∣ing men to finde out a better; Men that travaile a Road daily can the best tell every deep and dan∣gerous step in it, it is no such hard matter to ob∣serve where and how honest causes many times miscary and dye for want of formall and Regu∣lar proceedings occasioned through the want of

friends or money as many poore sicke people dye for want of looking to; it is no such hard matter to discover the defects and errors in a mans pro∣fession, nor to propound an expedient for Civill Iustice, to satisfy every honest man without hurting any mans person, or destroying him in his livelyhood onely pareing the nayles of some superfluities, but as there was no light in the beginning till the Lord was pleased to say, Let there be light, which was not onely an impa∣rative but an operative word, so in the infancie of a Commonwealth every thing is to be done in order; as many a man may lye long sicke with∣out any fault in the Physician, physique, or pa∣tient, so may it be in a body Politique, weighty stones require a long time to be layd in a build∣ing, & sometimes the impatience of the sicke Pa∣tient records and hinders the cure. I crave leave to say a word in faithfulnes to the Reverend and learned practisers of the Law my honored Fa∣thers, and beloved Brethren, this is my opinion of us▪ if we be like the willow that will bow and bend and help forward a reformation purely to purge the drosse, and to take away all the Tin that is in our profession by rooting up those un∣necessary delayes which are like pricking bryers and brambles about the Vine of Iustice retayning but what is morall and rationall; Iudging that to be Law which is a decree of practique, reason agreeing with the Law naturall and eternall, then shall we be Iudges as at the first & Counsel∣lors* 1.3 as at the beginning, I say in that case we live;

but if we be like the Oake that will rather break then bow▪ if we stand upon the Excellency and the Antiquity of our Lawes because they came in with the Romans and were never altered by Danes, Saxons, or Normans, then it is* 1.4 death, and so it will be of all other professions or misteries where people finde themselves grieved and straitned in their liberties what ever que∣stions may be made▪ as what will you destroy the Law? if they cannot untye the knot they will cut it, they will have a Law but it shall be for their owne good and so plaine that they may un∣derstand it, els they will not be bound by it; the Law is but a servant to the Commonwealth if it be found inconvenient or mischievous in Theorie or practise it must be changed, and no doubt but many formalities and ceremonies must be buried in the sepulcher of Monarchy, many old formes and cursary observations which exalt themselves must like the Ceremoniall Lawes of the Iewes vanish and dissolve; a learned Iudge shall not be directed in making Orders, or give∣ing Rules by the ancientest Clarke▪ but what is morall, rationall and equitable according to the judgement of Godly learned men shall be the Tract and Course of every Court; and Law and Equity (which are the greatest antagonists in the world) shall be made friends and looke the same way, I say not in substance but many ceremonies and formallities in the practise of the Law must vanish upon the settlement of the Commonwealth upon its true Basis even as the

old shadowes and Legall ceremonies of the Iewes did disappeare and vanish at the coming of the substance, but wee know that there was much strugling to maintaine them, and the Apostles did not absolutely condemne such as were zealous for their old practises, they thought it better to temporize a little, and to give the Ceremonies a decent funerall gradually as the people were able to leave it rather then to struggle too much and destroy all that are contrary minded, and Pauls councell in the 15. of the Acts is full of divine wisedome, that where God hath put no difference betweene Christians, but purified their hearts by faith they should not oppresse one another through difference of opinions, though it was about a great ordinance (a Scripture that should make many Christians ashamed for re∣fusing to joyne & walke with such in Christian societies that are not in every thing alike minded with them) all honest Patriots and faithfull ser∣vants to the Commonwealth are not happily of the same judgement about the Reformation of the Lawes and setling the course of the pra∣ctise, yet are not therefore to differ in affection, but being intent upon the popular utillity, and therein all agreeing, there is much prudence re∣quired, not to disoblige honest men so to reforme for the publique good as not to destroy private Relations, the Monks and Friars had a mainte∣nance upon the dissolutions of Monasteries, and God forbid that any man that hath an office or imployment which is not evill in it selfe but by

accident, should be destroyed & turned a begging I hope we are none of us possest with that pernici∣ousiprinciple of the Popes infallibility, nor much taken with that tale of Counsell given to our late King in Spayne upon a set of Diamond buttons that he had in his dublet all fastned by one thred, one of them slipping they all fell off, sayes a Grandee there, so it will be Sir in Eng∣land if you part with an inche of your preroga∣tive, if you suffer any reformation it will be your destruction, we see what became of it; I pre∣sume better things of my honored brethren in England: Let us not be like that generation of men the Bishops that hated to be reformed; so the Commonwealth florish it is no matter what becomes of our practizes; wee are members of that Body, and if it goe well with the State it cannot goe amisse with us; God forbid that any one of us should be counted of so bad and corrupt a principle, as rather to keep three Nations in a lingring consumption then deny our selves in point of diminution of gaine, it is not necessary that we should live, much lesse exact great mat∣ters, but that Iustice be easie and speedie, and mercy showne to the poore is the only thing neces∣sary; Indeed the the greatest part of my feare is, that many Godly honest hearts are possest with an opinion that knowledge is not requisite in a Commonwealth as under a Monarchy, as if learning was onely for a Court and for the splen∣dor of Majestic, which indeed is the glory of all Nations.

The Lord deliver England from three sorts of Mountebancks, Iudges, Ministers, and Phy∣sicians, that have but one saddle for all horses, that getting upon a bench talke of great cures, and if they cure one for a hundred that miscarie; they are admired, like some old witches; not knowing the reason or cause of any effect or ope∣ration, which is the onely currant learning, one mans reason (like his money) being as good as anothers; the grand reason why the learned Iudges in E. 3. and H. 6. and E. 4. times, and since, have not endeavored a Reformation of the Lawes hath been for want of consideration to what end the Law was ordained; they have been very learned in book cases; in the historicall part, that such a Case was so adjudged; but the rea∣son of that Iudgement, whether for the publique good or to advance prerogative they lookt not af∣ter, neglecting the polliticall part and end of the Law: And not tracing the Kings of England, in their foundations and footsteps of Tyrannie; in so conferring all places and offices of Iustice in the severall Courts that it might mount (like a Piramis) to advance prerogative; but certain∣ly the greatest miserie to an Innocent is the igno∣rance of the, Iudge for what conscience can there be where there is no science, what Iustice can be expected from such (though honest and godly men) that neither know what Iustice is, nor what Law the rule of Iustice is, nor why such a Case is Law, but doe Iustice right or wrong, as we say Proverbially, if the Plain∣tiffe

demand a hundred pound give him fif∣ty pound to make them friends; and if a tall man have a short cloake, and a low man have a long cloake let the tall man have the long cloake for conveniencie; and truly Title Conveniency will be very large; indeed the Law ought to be plaine and easie, obvious to every mans sence & apprehension; but if every man did know the Law, that is not all that is requisite in a Iudge.

There is first, Patience; to heare all that can be said, which men that know but little (though never so honest) will not have, for those that have but little science quickly pronounce sen∣tence; a wise man never thinks he hath heard* 1.5 Parties and Councell speake enough. There is doubtlesse much learning required in a Minister to be able to speake to a Case of Conscience, to compare Scripture with Scripture, and to search for Truth as in Mynes, which is a laborious work▪ indeed if there were a plaine Precept for every duty, and a litter all expresse prohibition against every sin, there would be the lesse need of learning in the Ministery; but many truthes lying deep, (though every believer hath the Spirit of God, to apply the Blood of Christ to his owne soule) yet without the bucket of human learning▪ and strength of reason, he will draw but little for the good of others; the not understanding whereof hath already introduced a grand error, that ma∣ny grosse sins are no sins, because not litterally for∣bidden, and many duties neglected, because

not commanded in expresse te armes in Scripture, though by necessary deductions made manifest by the help of reason; though Lea, Rachell, and Sa∣rah furnished their husbands with other women, and that many of the Patriarks had many wives, yet there is no such Law now; though the Scriptur say, we are to give an account of every action, yet we shall be accountable as well for our idle∣nes; it is not the words but the meaning of the Scripture which is Scripture, if otherwise, the Papist hath as much to say for his Transubstan∣tiation, and Arminians for generall redemption, as we for any Article of our faith: It is not for bunglers to take upon them the charge of soules;* 1.6 And there is much learning requisite in a Physi∣cian to know the principles of mans Composition, the nature of Spirits, the nature, causes, Symp∣tomes, and differences of the severall diseases, and the method and manner of curing them; the knowledge of hearbs, flowers, plants, roots, trees, mettles, minerall, druggs; and how to choose and prepare medicines, with infinit other perti∣culars which require a whole man to attaine a competent measure or knowledge therein; and God forbid that any Empericke should be suf∣fered to trye experiments upon so noble a subject as the body of man, and though sincerity of affe∣ction may counter vayle depth of Iudgement in private matters; and advises; yet in things of publique concernement, it will be but a blind zeale to judge according to events, for hard and great matters will arise in Iudgement, Exod.

18. 26. but the part of a Iudge is more difficult in some respects specially in point of time. A Mi∣nister hath a weeke happily for his Sermon, and seldome any disease so violent, but the Physician may consult about it; but where many people de∣mand Iustice at an Assises, there is not onely a promptitude of elocution, but much science requi∣site to give quicke dispatch, which is the Clyents joy, and Iudgement is something more then sci∣ence. Be instructed ye Iudges of the earth! but be* 1.7 consciencious for learning▪ and a good Conscience are two of the bravest supports in the world; be∣cause a man cannot be deprived of the first in this world, nor of the other in the world to come, and Iudges are so far to be skild in the Law of God, that in all causes coming before them they are to warne the Clyents that they trespasse not against the Lord, 2 Chron. 19. 10. If this learning should fall (which I hope I shall never live to see) then farewell to Ministers, and after that, no more Magistrates.

Secondly, Prudence; 10 answer all objections and cavillations that will be brought to put life into a dead Cause; for in most great suites the parties Litigant commonly thinke that they are both in the right, and if the matter be heard by no wiser men then themselves, how shall he that is in the wrong ever come to see his Error? and this Prudence in a Iudge consists principally in giving satisfaction to the hearers, that the sen∣tence is Iust, and if possible to satisfy him against whom Iudgement is given, that he hath no wrong done him.

Thirdly, Iustice; which must respect the cause and not the person; Iudges were pictured blind and the Areopagites gave sentence in the dark; Thou shalt not pitie the poore in Iudgement (though it be plausible (and naturall for tender hearted men especially so to doe yet) God ab∣horrs it.

Fourthly, There is required Mercy; after Iudgement, the poore mans condition is to be considered, for, if Iustice be wound up a peg too high in the Execution of it, it breaks Summa Iusticia is the degeneration of it.

But by this learning I am far from understand∣ing any Craft or Artificiall subtillities in taking legall exceptions for the quashing of Inditements and thereby to save a witch or a murderer from the Gallowes, or to arest the Iudgement when the money is conscionably due to the Plaintiffe, this is none of that wisedom which Solomon desired, I Kings 3. 9. which is requisite in a Iudge; it is a wise and understanding heart to discerne Iudgement betweene good and bad, truth and falshood, a righteous and just cause, from that which onely is so in appearance the simplicity of the Dove in doeing wrong to no man, and the wisedom of the Serpent, to see that by subtillitie in pleadings, unnecessary de∣layes, captious interpretations, and clamorous im∣portunities, an honest cause be not delayed▪ or overthrowne; marke I beseech you, what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me, then it blessed me, and when the eye

saw me, it gave witnes to me, hearers had not words enough to praise my eloquence, hee was so admired, that any one but Iob would have been proud of halfe so many acclamations. Ver. 12, 13, 14. Because I delivered the poore that cryed, and the fatherlesse, and him that had none to help him; the blessing of him that was ready to perish came upon me, and I caused the widowes heart to sing for joy. I put on righteousnes and it clothed me, my Iudgement was as a robe & a dia∣deme, the poore oppressed ones gave him 10000. benedictions, the widow owed to his care, the conservation of her children; and by banishing sadnes from her looks he made her life comforta∣ble, and her mouth publisht his praise; the father∣lesse, being vertuously educated, were in a better condition, then when they had a father; though Kings adorne themselves with purple, yet they minde their pleasurs and honors more then doe∣ing Iustice to the friendlesse; but Iobs principle ornament and garment, Crowne, and Diademe, was Iustice. I was eyes to the blinde, and feet was I to the lame, I was a father to the poore, and the cause which I knew not, I searched out, hee mixed the quallitie of a father with that of a Iudge, granting executions against poore men with a bleeding heart; melting to thinke that such as are lame, and blinde, should be ordered to run, and see like those who are to lye in prison for one hundred pound when they are not worth twenty pounds; certainly the most honorable title is to be stiled a father of the poore (for what need

is there of rich men, but onely to doe good to the poore?) and though a ludge must not pitie the poore in Iudgement, yet after Iudgement pro∣nounced there is place for mercy, which is but Iustice; and before sentence the poore mans in∣terest ought to be so deere & precious to the Iudge as not to pronounce any sentence against him till his cause be throughly not onely opened, but stu∣died▪ and when the poore had none or but little Councell, Iob was as well their Advocate as their Iudge; As by the wisedome of the Law of England the Iudge is to be a Councell for the prisoner in matter of life and death, so was Iu∣stice Iob a Councell for poore men in all Civill Causes; and would not let any man lye in pri∣son for a debt untill he had examined the justnes of it, and that it was cleerely due as well in equi∣ty as by Law, and his justice is most conspicuous. Iob 31. 13. If I did despise the cause of my man servant or of my maid servant, when they con∣tended with mee; hee heard the complaint of his slaves, he permitted every man to speake for him∣selfe before he be hayled to prison, to alledge rea∣sons why hee ought not to be carryed thither, and the ground of such his supereminent Iustice was ver. 14. 15. VVhat then shall I doe when God riseth up, and when he visiteth, what shall I ans∣wer him? did not he that made me in the wombe, make him? and did not one fashion us in the wombe? that though he was a Iudge upon earth, yet he was a servant to the God of heaven; who would enter into judgement with him, that

though the condition of the Iudge, and the Client be different, yet their birth is alike, God is Fa∣ther of them both, the Clients body molded of dirt, and the Iudges not formed of any nobler matter, and that both of them had the honor of being formed by the hand of God, and both their soules made after his Image, as if Iudge Iob and his slaves were Copartners or Tenants in Common; that Princely spirit goes on, and from ver. 16. to ver. 25. makes the most incomparable chal∣lenge that ever the people heard of; If I have withheld the poore from their desire, or have caused the eyes of the widow to faile; Or have eaten my morsell alone, and the fatherlesse hath not eaten thereof: (for from my youth hee was brought up with me, as with a father; and I have guided her from my mothers wombe.) If I have seene any perish for want of cloathing, or any poore without covering; if his loynes have not blessed me, and if hee were not warmed with the fleece of my Sheep; if I have lift up my hand a∣gainst the fatherlesse▪ when I saw my help in the gate; then let mine Arme fall from my shoulder-blade and mine arme be broken from the bone; for destruction from God was a terror to me, and by reason of his highnes I could not endure; if I have made gold my hope, or have said to the fine gold, thou art my confidence; if I rejoyced because my wealth was great, and be∣cause mine hand had gotten much; if I rejoyced at the destruction of him that hated me, or lifted up my selfe when evill found him. The stranger

did not lodge in the street, but I opened my dores to the traveller. If I used to keep guard at my study-doore that suitors could not speake with me without a fee; if I sent a man back with a shamefull deniall; if I did not minister speedy justice to the poore for the love of Iustice; and to the rich for a small matter; when I sate in the City-gate where the Court of Iustice were kept that every man might see and heare the reasons of my proceedings, if I were not as tender of Cli∣ents and Petitioners as if we had tumbled in one belly together, and suckt the same milke; if I have not used my power to tame the insolence of proud spirits, making them examples by death or other penalties, where their wicked lives had given scandales, if the wooll of my flocke hath not defended the poore from the stormes and rigor of winter; if I have ill treated the Orphants and let one brother feast & brave it, and the younger children to be all beggars, or be fed at the chari∣ty of the elder brother; if I have confidence in the merit of the person & not in the justice of the Cause; if I have more esteeme of birth then ver∣tue, and preferred greatnes before pietie; I then wish that that guiltie part may be torne from my body and that to terrifie all Iudges that abuse their power; then let my arme be broken from the bone by the infamous hangman; for Mariners are not in so much feare of the Tempest in win∣ter as I stand in awe of the anger of the great Iudge. If mine enemies miserie have been any pleasure to me; if I have thought my selfe better

then my neighbours, because I was richer, if I were ever overcome by threats, or corrupted by presents, to pervert Iudgement; if my constan∣cy was ever shaken by any bribe; or if ever mo∣ney had more power over my minde then rea∣son; if I were ever cruell to any man and made dice of his bones; though the men of my taberna∣cle said ver. 3. Oh that we had of his flesh, we cannot be satisfied; I had servants and offi∣cers enough, not onely to have hurried any man to prison to have repaired my honor, or contented my passion, but such as also would have cut them in peeces, and devoured them; if I have not helpe every man to his Lands that had right to them without drawing teares from their eyes by tedi∣ous attendances, then I am content not only, that heaven should curse my lands (that for wheat which I shall sow I may reap but thistles) but to be tormented with an eternity of miseries! May I crave leave to insert an historicall observation?

In Holand after they had given a wrtt of Ejectment to Monarchy & the Masse, the Courts of Iustice for a time went on in their tedious for∣mallities; which so discontented the people (their Law suites taking them off from their trades with dilatorie and costly attendances) that they began to repent themselves of their so deerely purchase liberties; Doctor Walaeus professor then at Lei∣den, a grave, judicious man, having by Scrip∣ture and reason satisfied and quieted many exa∣sperated mindes, that the chief Magistrates of the Provinces, ought in the first place, principally to

intend securety, and laying foundations (where the super structures will be easie) then applyed himselfe to the Senators in an oration, which though I doe not affect the mixing of Latin in an English discourse, yet least the liquor should be viciated by powring it out into another vessell, I thinke fit to give you his owne words, speaking of Iudges and Advocates, by way of interrogation, or admiration he saith; Nos qui sumus Rei∣publicae Christianae Candidati; tales re∣spiciemus & retinebimus Iudices ac Le∣gulares, quos Cicero vocat, praecones Acti∣onum, Cantores formularum, & Aucupes syllabarum; ut qui cadat, in litera, cadit in causa. Absit; longe absit; nos tales habe∣bimus Iudices & Advocatos qui Deo no∣verint dare quod suum est, & populo quod suum est; plana vera; & immota praescri∣pta Iusticiae Deo placent, si aliqua con∣suetudo fit in contrarium, praeferatur an∣tiquus ille dierum; nulla debet praescriptio praevalere contra Verbum Dei, quia veri∣tas antiquior est falso; vera & suprema Dei Lex architectonica, omnibus Legibus mu∣nicipalibus est praeferenda; quia hec sola omnibus alijs praescribit modum, ac for∣mam; necesse enim est aut leges vestras praescribere legibus Dei; aut leges Dei praescribere vestris; si priori modo, non estis Dei servi, Ejus etenim servi estis cui estis obedientes, scitote vero administrato∣res Reipublicae rationem Legum suarum

summo moderatori Deo reddere teneri nee valebit argumentum patribus Reipublicae uti invenimus leges, & statuta, sic ea re∣liquimus; quia boni Concilij est, aut leges corruptas mutare aut eorum officia defere∣re quomodo enim pertinet Romana lex ad Christianum, nisi à Deo approbetur? Pon∣tificij sublevant & reformant Leges Civi∣les per Ius Canonicum non à scripturis, sed Paparum decretis, Concilijs, ac Pa∣trum sentencijs, desumptis, nos vero nul∣lum agnoscimus Ius Canonicum nisi quod ex sacro Dei Verbo aut ex ejus certa & constanti analogia colligatur; absurdum est dicere, leges priores esse puriores, aut antiquiores, meliores, quomodo enim Mancipij leges salubres condere valeant, & nolunt Monarchae Cedere populo in materia libertatis; quaelibet bona lex est precium sanguinis, & in Regione & Re∣ligione Catholica impossibile est Leges Civiles esse puras, quia Religio & Lex inter tolares fiunt ac in permixtae, ubi pu∣ra Religio ibi pura Lex Civilis; Corrupta Religio Tirannica Lex, reformatio Re∣ligionis necessario ergo inducit mutatio∣nem legum Civilium, non quoad funda∣mentalia vitae; membrorum ac proprieta∣tis, sed quoad formulas ac solemnitates Iu∣ris, quae formulae Legis non suntipsa Lex; And much more to the same effect by learned Walaeus; which oration of his, tooke such im∣pression,

that within a moneth after, the forme of Legall proceedings received such an alteration and abbreviation, that whereas before according to Imperiall constitutions, a suite in Law conti∣nued three or foure yeeres, and the best purse at last prevailed, causes were ordinarily ended in a moneth; and if the Plaintiff cannot bring his cause to a period in three moneths he is dismist of course, unlesse it be necessary to send Commissions beyond seas between Merchant and Merchants, or in very difficult cases, and where the witnesses are in forreigne parts rare; The contrary practise whereunto is but as a sweet harmonie to Satan, for does not he laugh to see a murderer escape through a misnaming or mistake in the Indict∣ment; and a poore man that cannot read hanged for a sheep, or some corne taken to relieve his poore wife and children; to see a man that hath an estate to walke abroad and confront his cre∣ditors (though a prisoner in execution) and a poore wretch not worth ten pounds thrust into a hole untill he pay one hundred pounds, which he is no more able to doe then the Phylosopher to dry the sea with an Oyster shell; It is not Cor gau∣dium to him, to heare learned men say, that the Plaintiffe hath a cleere right and title to the Land or money demanded, but because of some mistake in the bill or proceedings he must pay costs to the Defendant, that is the wrong doer; Blessed God! did thy sacred Majestie dispence with the breach of thy holy Law, to save the life of an Oxe or a Sheep, that should fall into a pit

on the Sabboth day, and shall not thy servanti dispence with a circumstance (where the right plainely appeares) to save the life of a family; nothing is substanciall in a course of Iustice but what is equall, reasonable, and good, all other formes or methodes are but in effect Poperie, or Turcisme, as being a slavery to mens persons, or estates, and to be abolisht by vertue of the Cove∣nant which in the equity of that branch of the Hierarchy I speake of the Ceremoniall and Cir∣cumstanciall formes and proceedings which are costly, delatory, and mortiferous; but the essence of the Law like the substance of the doctrine of the Church of England (truly so called, not as Constituted in a Gospell order, but in opposition to Rome as Antichrist is said to sit in the Temple of God, and Rome called a Church in opposi∣tion to Turks and Pagans) is in most things inviolable, inalterable, and immutable, for in∣deed the Law of England is ancienter then* 1.8 books, the maine pillar whereof is the righteous Law of God, according to which the reformation must be, otherwise it is impossible to have any setled peace in a Commonwealth, where every one does or may study Scripture; it is pure sollid reason whereof to deprive any Law, Custome, or Course of a Court, is to take away the soule from man, for where the Law or any Course of Practise is taken upon trust by tradi∣tion and not upon election and choice of reason, the greatest tiranny and oppression is exercised by collour of that Law which puts oppression

both into one Act and an Art, but then this Law must be publique reason, that which the Iudici∣ous and most learned men judge so to be, not the sense or Iudgement of any private man, for that will be as dangerous to the Commonwealth as the private interpretation of Scripture arising out of some mens braines, and not out of the Scripture it selfe, is to their soules. 2 Pet. 1. 20. and 3. 16. by misinterpreting and drawing them vio∣lently from the true sense, to a false one; to up∣hold their errors as it is possible some may uphold old errors against new truthes for advantage sake; for there is a remnant of old Adam in the best man. The two great enemies that S. Paul had, were two Smiths, the silver Smith, and the Copper Smith that got much money by making silver and copper chaines, or Image to the Hea∣then Gods, and Goddesses, Acts 25. 24. to the 28. great is Diana: and 1 Tim. 4. 14.

Now because it is of very high concernement for all that are servants to the Commonwealth in publique imployments, to live in the opinion of all good men as the best and strongest fortificati∣on and engagement to faithfulnes and diligence, therefore having received some loving advertise∣ments from some faithfull friends in England, as if we proceeded here irregularly or arbitrari∣ly in matters of Iustice; that some turned the Law into Preaching that had other busines to do; and that Ministers are harshly dealt with, or to that effect, knowing that truth is very welcome and reason very prevalent with your Ho∣nors.

I crave leave to answer, first, as to the administration of Civill Iustice in this Province, thus it stands; my Lord Lieutenant (the dayes of whose life, the Lord of life multiply and swee∣ten to the further Terror of his Enemies: and greater comfort of his deere servants) upon ma∣ny petitions from the Inhabitants of the Province of Munster was pleased to revive the Presiden∣cie Court there as formerly; consisting of the Lord President, two Gownemen, viz▪ a first and second Iustice, and other Commissioners.

My Lord Deputie (who is a blessed Instru∣ment and indefatigable in the works of holines and righteousnes) for the great ease and safety of the people, hath altered the Provinciall Court into County Courts, that whereas before the peo∣ple travailed fourty or fifty miles, now their dif∣ferences are ended at home in the nature of As∣sizes or sittings; And the Honorable Commission∣ers of Parliament promoting the true liberties and freedome of the people, have given great ease to them in taking away some needlesse of∣fices and in matter of Fees, there being seldome twenty shillings spent in a cause by all parties, unlesse it be in Councells Fees, which are ascer∣tained, and but very small in comparison; I doe not in the twenty shillings include the charge of witnesses which yet is very small, not goeing out of their owne County; but the Fees usuall which are allowed to the officers, Iury, Clarks, and Attorneys (for the Court hath not any) every man pleading his owne Cause, which I observe

to be a good way for discovering the truth; The forme and method of proceedings hath not by me been altered in any point considerable; but indeed the originall constitution of the Court seeme to me to be excellent in foure particulars.

The first proces of the Churt hath ever been a summons in the nature of a Subpena, then an attatchement or distresse of the defendants goods, not restraining his person but for matter of Con∣tempt, or upon very just and reasonable cause.

Secondly, It is a mixt Court, and the Bill may containe both Law and equitie whereby halfe the suites in the Province are ended or pre∣vented, but hath no Cognizance of Pleas reall concerning titles of Land.

Thirdly, The Cause is heard and ended as soone as it is ripe for hearing; indeed herein is some alteration, for whereas formerly there were but two or three sittings in a yeare; the Iustices and practizers attending the upper Courts at Dublin, in the Terme-time, and so causes depended long; Now (having no other busines to doe) wee end the difference as soone as it is prepared for a hearing, which some (how Iustly let wise men Iudge) have censured to be an inovation and precipitous Iustice; indeed pre∣cipitancy is the Stepmother of Iustice, and must as carefully be avoided as falling from a Rocke, but that is to heare and determine before both parties are ready or had convenient time so to be; otherwise when a Cause is ripe for sentence why should not the Court put in the Sickle? a speedy

tryall is the Plaintiffs joy and just Iudgement delayed may prove worse then an unrighteous sentence speedily pronounced.

Fourthly, There is a great difference between the proceedings in England, and the ancient course of this Court in point of payment of debts; for debts are payd by instalment as the Defen∣dants are able to pay them (a most excellent and admirable composition of a Court) for the case of poore Ireland stands thus; the poore English who through Gods mercy saved their lives, but lost their estates by the Rebells; begin now (bles∣sed be God) to returne to their possessions, and the protected Irish make a hard shift to live, paying great Contributions; and many a poore man hath got a plough of five or six garrons, as many cowes, forty or fifty sheep, all worth a∣bout fifty pound; this poore man payes for horne and corne, and begins to grow warme in his bu∣sines, but comes an Action of debt (like an armed man) upon him, for fifty or a hundred pound, contracted before, or for his necessarie subsistance during the Rebellion; the Plaintiffe having been long out of his money, is very stomack-full (blame him not after so long fasting) and prose∣cutes with all rigor; Iudgement cannot be denyed him; an execution against goods in other Courts Issues of Course, and what followes? the goods are sold at under rates, at 25. or 30. l'. (for who will buy his neighbours goods so taken from him but will be sure of a good penny-worth?) and the fees and charges of the execution are so

great, that the debt if it were but 50. P. is not halfe payd, and for the remainder, the defendant is taken in execution where he starves to death, and his wife and poore children beggs from doore to doore, unlesse relieved by the parish; but by the course of this Court the defendant comes in, and prayes an Instalement and a Iury of indifferent and impartiall neighbours install the debt to be payd by severall gales and dayes of payment, as in the Defendant shall be thought able, and if the Iury (who certainely are the proper Iudges in such cases, for it may be their own cases the next day) findes any fraude, deceit, or violence, the Defendant is imprisoned, as he well deserves, by which meanes (it is an observation to me ve∣ry admirable) though the people be extremely indigent, there not being scarce a tenth part of the money here that is in England, debts are I believe ten times better paid here then in Eng∣land for of 5. or 600 l'debts that have been here sued, for in some one Countie scarce know ten of them but are payd, or secured, whereas if the Reynes of the Law had beene let loose here, as in other Courts in all probability, there had never been ten debts of a hundred satisfieed; for not one Defendant in twenty hath so much money by him, and if either his person be restrained, or his little flocke taken away, his friends leave him, and so miserie quickly findes him; but give him time, he works like a mole to keepe himselfe or his goods from Arrest; one friend like one hand helps another; he recovers some other debts due

to him, and in a short space becomes a noune sub∣stantive; I could instance in many that had A∣ctions against them of 2. or 3000 l'. value (it would pitie a man to see more load still layd on, as if they would be prest to death; yet by this way of Instalment, the man having a breathing time agrees first with one, then with another, and in a short space growes into as good credit, as any of his neighbours, the contrary practize of not in∣staling debts, as men are able to pay, hath beene the ruine of many families that might have flou∣rished to this day; and by this meanes the Con∣tribution to the Army is payd, Agriculture in∣creased with many families) would all be quick∣ly ruined if the Farmers should be unstocked by such executions. The practise of this Court hath likewise formerly been very profitable and easie to the people in matter of Executorships, and Ad∣ministrations, as to end ten or twenty suites upon one bill filed against an executor, or administra∣tor, the creditors are all called, and every mans part proportioned according to the conscionable demerit of the debt, and not the whole estate swept away upon a dormant Iudgement, to the defrauding of many poore Creditors, with some other equitable practises too long for an Epistle.

As to the second censure that many preach uncalled, or that have other businesse to doe, wee know that untill there was a standing office of Priesthood, Moses who was the chiefe Iudge of all Civill Controversies exercised, the Priestly office, Psal. 99. 6. Moses and Aaron

among his Priests, and Samuel among them that call upon his name. It was Moses that consecrated Aaron; but we doe not read that he was consecrated himselfe; Magistracie and Mi∣nistery are distinct bodyes, but in the absence of a Minister, every gifted man, not onely may, but ought to speake to the people, as a good steward of the grace of God under penalty, not onely to have the Talent taken from him (which human prudence would thinke sufficient) but the un∣profitable servant is to be cast into utter dark∣nes, in which sense doeing all that we can, I hope we are not unprofitable servants; If such an ob∣jection should be regarded here, wee had long since been Atheists, without any face of Religton upon the Sabboth day, and without any forme of godlines; surely if in Law, much more in Reli∣gion; Necessity makes that not only lawfull but comendable, which otherwise would not be so; besides there are some that can give an account of their faith Latinaliter; and so by the Statute of the 13. Eliz. cap. 12. may preach, and so may any other, by vertue of that Statute, that hath a speciall gift and ability to be a Preacher; but there is something of more particular con∣cernement. In suites depending betweene the English and Irish; when Irish witnesses are produced, the English object (which indeed is one of the greatest difficulties I meet with) that they make no Conscience of swearing upon our Bibles, but will speake truth upon a Ladyes Psal∣ter, or by St. Patricke; now they will not come

to our Sermons to heare their grosse Idolatries and superstitious fopperies reproved, but are ve∣ry constant auditors in Courts of Iustice, where some of us take occasion to informe them of the nature of Oathes, and endeavor to convince them of the ridiculousnes of their bread God in their transubstantiation; that they commit adul∣tery with their Images, and are so impudent in crossing their foreheads that they cannot blush at it; of the danger, infamy and horror of perjurie remembring them of Ananias, and Saphira, who for telling a lye (without any oath) were strucken dead upon the place; that their Popes have been monsters of mankinde, conjurers, witches, and divells in a humane figure; that Priests and Friars are very cheats and theeves in robbing poore deluded simple people; that their Priests by their Law are not to marry, and by custome not to live chast; that the pretended mi∣racles they brag on, are meere impostures; that their true miracles are onely such as these their Priests to have no wives, and yet many children; Friars to have no ground and yet most corne; no money nor vineyards yet the best Sellars of wines and provisions; that it is a miracle that they doe not all rise as one man against the Pope for his cruelty, that having power (as they hold, and himselfe confesses) to let out and discharge all their ancestors & friends from Purgatory (which they say, is as hot as Hell fire) yet will not doe, because they have not money enough to give him, and his Priests for it; that their Religion is wholly

composed and patcht up of Iudaisme, Paganisme, and Turcisme, and as many absurdities in those points they differre from Protestants, as there have been minutes of time since they crept in a∣mongst them, which some call preaching & In∣novation, though in effect it is no other then what some of the Reverend Iudges in England have mentioned in their charges in the Circuits upon the Statutes of Recusancy, which expressions, though for the matter of them they must seeme to exasperate, yet the manner of delivery may much mollifie and salve it; we pitie their blind∣nes, that their soules should be so deluded, and they perceiving that it is so spoken in love, and that we would not displease them, but inteutio∣nally for their owne good, they are not angry with that Surgeon that cuts and lanches the pa∣tient, desiring to cure him; but concerning the last part of the objection that wee have silenced the Clergie in Munster, to make way for our selves to vent our owne opinions because I un∣derstand that the matter of fact concerning that particular, hath been untruly represented, and a false disguise put upon it; as godly, learned Mi∣nisters were thereby discouraged from coming over hither, where they are so much wanting, and should be so cordially welcome; I presume briefely to report the true state thereof; at my coming into Munster, I found the Clergie there generally sequestred for delinquencie against the Parliament, in having adhered to the Lord of Ormondes and Lord Inchiquines illegall au∣thorities,

after their being declared Traytors▪ which resolutions were printed with their names thereunto, which was not denied scarce by any of them; my Lord Lieutenant, looking upon it something like the generall case in Adam, that man who was the master peece of the creation was wholly lost, was pleased to referre the said Clergies Petition to Sir William Fenton, Co∣lonell Phaier, and my selfe, to proceed against them in like manner as the Honorable Commit∣tee at Westminster proceed against scandalous Delinquents, or insufficieut Ministers; which we did accordingly and (in his Excellencies absence) attended my Lord Deputies pleasure therein, who joyned Esquire Gookin, Dr. Harding, Colonell Hodder, and Capt. Baker▪ with us, and as in all his Actions having in his eye the glory of God, and the goodtof poore Creatures, required us to Act therein as might most conduce to the publique good we endeavoured what we could to seperate the precious from the impure, and to distinguish betweene murder and man∣slaughter; viz. though they had all contracted, and were involved in a generall guilt by that subscription; and consequently obnoxious to Iu∣stice; because a greater difference could not possi∣bly have been done to the Parliament, then for the Provinciall Ministers to declare their Iudgments and resolutions to assist and adhere to those Tray∣tors, for no doubt but thereby many of the Eng∣lish which had so much suffered by the Rebells were taken off from their former good affection

& faithfulnes to the Parliaments just authority, being like so many poore sheep, ruled by those whom they call their spirituall Sheepheards; yet becanse many of them might be drawne thereun∣to for their own preservations (as the case then stood with them) and upon the matter forced to subscribe rather to save their livings then out of any disaffection to the proceedings of Parliament; such of them as did acquit themselves from scan∣dall in life and doctrine, and were gifted for the Ministerie are continued, and enjoy their bene∣fices without diminution, unlesse it be in case of pluralities: and truly for my owne part, I found much Ingennitie in many of them; and wherein they differ from us, I take it to be from a consci∣encious principle; & hope & daily pray that there may be a right understanding and better agree∣ment between all honest and consciencious people that feare the Lord, that we may all as one man with one shoulder, labour to exalt the Kingdome of Iesus Christ▪ and to advance holines & rigbte∣ousnes in our severall Actions; but indeed, the harvest is like to be very great in this Nation, and the laborers in Christ Vineyard are very few, many poore English here are like corne, ready to be brought into Gods Barne by Conver∣sion, but there are very few painfull, skilfull, harvest-men, pray we therefore the Lord of the Vineyard, that hee will send forth Laborers unto his Vineyard, or as the words are, cast them out, for men are very slow in so holy a worke, Preach∣ers that have the tongue of the Learned, that

know how to speake words in season acceptable and delighfull Esay 50. 4. Ecles. 12. 10. able Ministers of the new Testament, 2 Cor. 3. 6. who by an ordinance of heaven ought to have a comfortable maintenance, 1. Cor. 9. 14. Gal. 6. 6.

And as I was concluding, came the sad newes of the translation of our incomparable Lord De∣putie, the truly Honorable Henry Ireton Es∣quire; therefore though I feare I have already exceeded the limitts of an Epistle, yet my heart being so brimfull of grief, I humbly beg Your wonted Clemency, and much Honored patience, that it may a little vent and run over in a few broken words, though bedewed with teares, his Death is such an Ecclipse to poore Ireland; that may be best felt & understood many yeers hence; indeed England and Scotland, and all sorts of people in the three Nations, especially the poore oppressed fatherlesse, and widowes (to whome he was upon all occasions a patron, father, and husband) have no small cause of lamentation, never had Commonwealth a greater losse, be∣cause undoubtedly there was never a more able painefull, provident and industrious servant; that with more wisedom, prudence, faithfulnes, fortitude, and selfe-deniall, discharged his duty to all people, and acted every part so well since he first appeared to publique view, as if he had been borne only for that particular; if he erred in any thing (as error and humanity are inseperable) it was in too much neglecting himselfe, for like a

candle hee wasted his vitalls, to give light to o∣thers, seldome thinking it time to eat till he had done the worke of the day at nine or ten at night, and then will sit up as long as any man had bu∣sines with him; indeed he was every thing from a foot Souldier to a Generall; and thought no∣thing done whilst any thing was undone; his last tedious and wet march into Conaught, for the reducing of Clare, and other Castles, after the rendition of Lymericke cost him deere (as I understand) occasioning the fever; his heaven∣ly Father would not suffer him to dye by the hand of the enemy, nor of the Pestilence▪ whereby ma∣ny of his deere servants have beene called home; he was a most exact Iusticiarie in all matters of morall righteousnes, and with strength of sollid reason had a most piercing Iudgement, and a large understanding heart to discerne betweene good and evill, truth and error; hee was one of those good Magistrates prophesied of in Rom. 13. and his conversation was a true interpretati∣on of that Text, being so intent to Gods honor, that he never thought himself served or be friend∣ed in any Action unles God was therein, served and honored; let us minde our duty (sayes hee) and what Scripture have you to warrant it? I believe few men knew more of the Art of Po∣licy and selfe interessed prudentialls, but never man so little practized them; he is, and shall be most deere to my remembrance; and of all the Saints that ever I knew, I desire to make him my President; for uprightednes, singlehearted∣nes,

and sincerity; he exercised it to his enemies; Oh, sayes he, deale platnely with them, let them know what they must trust too, and though hee was very sparing in his promises to the Rebells, yet he was most liberall in performances; he had a very cleere divine light of truthes supernatu∣rall, and being strong in faith and of a most humble and meeke spirit, gave God the glory of all successe; upon the least losse we received by the Irish, or any disappointment; Oh, sayes he, is not our God angry with us? let us be fervent in prayer to know his minde in every checke or cha∣stisement; as upon the losse in attempting the Island by Lymericke, where gallant Major Walker lost his life; He wrote to Colonell Law∣rence, and others of us here, by the name of his Christian friends and brethren, to be earnest with the Lord, to know his minde what he would have his poore servants in the Army to doe; I doe verily thinke, that since the Apostles dayes there was never more Divine breathing of the Spirit of Christ in any Letter then in that; He had a most noble propertie, that if any man was questioned or censured behind his backe, he would be his Counsell, and argue for him every thing that could be rationally alledged; never did man in the owning of his Authority more disowne him∣selfe; hee was a most exemplary Christian in duties of piety and Religion, alwayes beginning and ending Conferences & Councells with pray∣er, seeking wisedom, advise and strength from God upon all occasions, he had constantly (when

in Garison) an exercise before supper, and though he satt in Councell till eight or nine at night, yet by his good will the discourse should not be the shorter, but when Mr. Pacient (a man of great experience in heavenly things) or any other, seemed to be strained in time, he would say, let us not thinke that time too long in Gods immediate service, and when others had spoken to any dis∣putable and usefull question, hee would speake with that depth of Iudgement ever tending to unity and unanimity in opinions and affections, that (to my slender apprehensions) I doe not know that ever I heard him maintaine any er∣ror; and was willing to heare truth from the Souldier; when the sicknes encreased the last yeare, he appointed not onely one or two dayes to seeke the Lord to revoke that Comission▪ but eve∣ry fourth day of the weeke for six weeks toge∣ther; and sure it is a blessed thing when Moses speaks to Aaron, the Magistrate to all Gods peo∣ple, to be servent in prayer, when wrath is gone out from the Lord and the Plague begin Num. the 16. 46. his estimat or character of a godly man, was not principally that he was of such a sorme, opinion, judgement, or attainement; but where he found the maine bent and resolution of his scule to be to know God in the face of Iesus Christ, and to promote his glory, to serve the Saints, to begin or second a good motion, with all his might; to doe good to every visible object, to love the first appearances and cherish the least sparks of grace, and Image of Christ in whom so∣ever

existing and to renounce the honors, pro∣fits and pleasures of this life for Christs sake who became of no reputation for us; he greatly delight∣ed in the Communion of Saints, and made union with Christ (and not any other opinion) the ground of it, which is the onely foundation of that Church, against which the gates of hell shall ne∣ver prevaile, as that sweet spirited Christian Mr. Iesse hath unanswerably evinced; he would often say to this effect, that there was no honor like to the service of Iesus Christ, and let our am∣bition be who shall be most instrumentall for God in his generation, and having done our worke with all diligence, let us trust God for our wages, but halfe worke is not pleasing to God. I know the want of some distinguishing ordinances was a burden to him, and I am afraid that our hea∣venly Father hath a controversie with many of us in Ireland for severall deficiencies or redundan∣cies, as first, our undervallueing the Lords Sup∣per, I am afraid sometimes that God will make the lesse account of our bloods and of our children, because we so little esteeme (if not trample un∣der-foot) the blood of his Son in that Ordinance; if a Christian cannot conveniently enjoy it, yet he should mourne for the want of it. Secondly, for not Sanctifying the Lords Day, the morallity whereof too many deny, and such as hold it, yet upon every triviall and slight busines, which might have been done the day before, or deferred till the day after; forget to keep it holy; I agree that works of necessity and mercy may be done

upon that day where it is really so of Gods send∣ing, and for publique utillity; but a culpable necessity of our owne making will not excuse the breach of that holy Law. Thirdly, that when the honest interest is strugling for life some should be striving for estates or rather when Iesus Christ is daily Crucified in his members by the bloody To∣ries, there should be emulations and contentions amongst us for superiority, or prudencie, as was amongst the Apostles; that whereas S. Paul on∣ly commands to render honor to whom honor is due, Rom. 13. 7. wee are too ready to assume titles of honor which are not owned in England. Fourthly, or it may be that every officer hath not the bowells and tender care of a father to his poore companions, 1 Chron. 11. 17. 18. 19. And David longed and said, Oh that one would give me drinke of the water of the well of Beth∣lem that is at the gate. And the 3. brake through the host of the Philistines and drew water out of the well of Bethlem that was by the gate, and tooke it and brought it to David, but Da∣vid would not drinke of it but powred it out to the Lord▪ and said, my God forbid it me, that I should doe this thing; shall I drinke the blood of these men that have put their lives in Ieopardy? for with the jeopardy of their lives they brought it, therefore he would not drinke it. Fiftly, or per adventure that we are not so intent upon the principle worke that wee were sent over about ▪ viz to right and restore the plundered, banish∣ed, and oppressed English, Sixtly or lastly, that

we doe not put a difference between such as have been active in the beginning or prosecution of the Rebellion, and such as have only had their hearts, and not their hands in it; the Lord help us, wee know not how to cast a severe eye upon the of∣fence, and yet a pitifull eye upon the person, some are too indulgent in the remission of just punish∣ment; others turne Iudgement into wormewood by an over exact severity; but blessed be God, what errors are amongst us? they are but in the head, I hope our hearts are sound and right for Holines, Iustice▪ and Mercy; specially such as are intrusted in Councell and Conduct; this is but as an humble Caution. And whether it pleased God to take away so precius an Instrument; either for his owne sins, or for ours (we being indeed not worthy of him) or that his glory may be made more manifest, that he is not tyed to any man, but can carry on his owne worke, in the re∣movall of the wisest Counsellors, and most vali∣ant worthyes; It is not for us positively to deter∣mine.

Pray pardon me but a word more, truly all things considered▪ I doe not know, that there are diversities of gifts and operations, but it is the same God and Spirit which worketh all in all, 1. Cor. 12. 2. 4. and happily some may excell in one thing▪ and some in another; but for so great a stocke of knowledge, such extraordinary abi∣lities in matters and learning, Military, Iudici∣all▪ Reipublicall, Mathematicall, Morall, Ratio∣nall, and Divine, I say for every thing requisite

and desirable, both as a man and as a Christian, I thinke it will be hard with many candles to finde his equall; but he that made him so good lives for ever, and his yeeres change not, Psal, 102. 27. who can (and I trust will) richly a∣dorne and quallifie his successors, and make them such as he would have them to be; that what his Mosesses shall leave undone, may be finisht by his Ioshuaes; which will undoubtedly be so, if our unbeliefe hinder not good things from us; for blessed be God they which are next in Command here, and many others, are of Gods designation Called and faithfull and Chosen, and such as ho∣nor God; and therefore ought to be honored; but Tragedies must not be long, those that knew him not may thinke I speake for affection, and those that were intimate with him will blame me of ignorance▪ that I say so little, the more worthy he was, the greater is the losse, especially to his deere and honored relations, (whom the Lord blesse with all benedictions, temporall and eter∣nall) for whose sakes I should not have said any thing in point of Comendation least it should en∣crease their sorrow, but that I hope that they are, and shall pray that they may be more possessed of that rare Iewell of Christian resignation and li∣ving in the divine will; I am sure that hee was tender of the honor and wellfare of the Sonne of God and his members: therfore no doubt but God will be a Father to his good Lady and Children, but great griefes command silence, and it is best to cast a vayle upon it, that wee sorrow not even

as others which have no hope, and now (most Honorable) because God will honor them that honor him; It is but my duty to beare testimony to all those excellent things which you have done for the glory of God and good of the Nations; It was said of Hercules, that no man deserved so much as he, because hee freed the world from Lions, VVolves, and Tygers; you that may truly say with David; we have killed the Lion and the Beare, shall I trust be blessed and assi∣sted to curbe and overcome the Goliahs that op∣pose righteousnes and holines, the Phylistins, deceivers▪ and mysticall wolves; all oppressors, and cruell men, all such as are inwardly ravening wolves in point of selfe-interest, building their fortunes upon the ruines of honest men, though they appeare in any sheeps clothing; so shall your names be famous, and immortall; which yet is not to be interpreted so much a comendations of the persons, as the gifts and Graces of God in them. And so with all submisse gratitude to Your Ho∣nors, that wee Your faithfull servants here, live in Your remembrances, as knowing it to be all the interest expected; therein resembling (like deere Children) Your Heavenly Father, who finding a thankfull heart, for one mercy conferrs another; I shall turne my prayses of you into prayers for you and yours, that God would make you masters over the peoples hearts and mindes, as well as over their bodyes, that you may be a burdensome stone to all oppression, to breake in peeces all petty Tyrants; and to conquer not only

the Ecclesiasticall beast, but the Politicall; that if it be his will you may live to rayse the su∣perstructures, and finish the building of that foundation which you have so happily layd and begun; And that after long lives, for the glory of God, and the good of the Nations, you may follow that truly worthy member that is gone be∣fore, into that blissefull inheritance of the Saints in light, where is all day and no night, where your daily cares and troubles shall cease; and the voyce of the oppressor shall not be heard; so prayes

Your Honors most dutifull and thankfull servant, Iohn Cooke.

Notes

• * 1.1

  Animum verbi Di∣vini stu∣di osum
• * 1.2

  Refor∣matio Legum.
• * 1.3

  Vivimus.
• * 1.4

  Morimur.
• * 1.5

  Pauca recensen∣tes facile pronun∣ciant.
• * 1.6

  Cura a∣nima rum est cura cu∣rarum.
• * 1.7

  Erudimi∣ni.
• * 1.8

  Dr. & st▪