A Prospective glass: WHEREIN England's BONDAGE Under the NORMANE yoke, with the Rise, growth, and continuation, is clearly asserted. A Subject not yet treated upon, viz: Showing how the Law came to be in an unknown Tongue, and from whence the judges, and other inferior Lawyers had their beginning: and in opposition to former Law, how the 4. Terms of the year came to be kept. As also, the corruption of this Law, bringing with it the Fines and Rents to the Lord of the manor for all Free-holds and Copyhold Land. BEING A Collection from the most choice of Modern Historians. WITH SOME Brief Observations upon Scripture, as proving from thence, that this Law is contradictory to the Nature of God's dealing with the sons of Men, and contrary to the Nature of freedom. By a Lover of English-mens freedoms. An evil custom be it for continuance never so ancient, is nought: else than the oldness of Error. Plato. LONDON: Printed at the author's Charge. 1649. TO ALL THE COMMONERS OF ENGLAND. IN all the dealings of God with the sons of men, when judgement and righteousness is not executed between man and man, God then brings one punishment or other upon the Land, that makes inquisition for blood that hath been spilled, wrongs that hath been done, wickedness that hath been acted by unrighteous men. But yet the end of God's dealing thus with his creatures is love, as in Ier. 30. 17, 18. a restoring of health, an healing of wounds: though Ephraim is smitten, yet Ephraim is loved, he is a dear son, a tender child, there is health in the latter end. Whosoever looks upon these times outwardly, may see a poor distressed Kingdom, groaning under the heavy burdens, that lie upon it: and whosoever looks beyond the outward state of the kingdom, may see love, peace, and joy, spread into the hearts of creatures, discovered in several (yet) glorious administrations. The occasion of bondages, troubles, that hath been, and yet is, in this Nation, makes the members of this Nation to inquire for freedom, to search and sift out the root, and foundations of bondages, of all sorts, some after this manner, some after that, as hath been evidently seen, in the Petitions of many well affected people of England, which have been presented to the Parliament at sundry times. Among the rest, I myself desired to know the foundation of some bondages, that have enslaved the Nation for almost this six hundred years; and by Providence I found some recorded in Records, which I now commend to the consideration of all honest hearted people, lest any should say, I speak against the persons of men: I desire them to understand, that I speak against the practice of men which is destructive to the well being of the Nation, be they Nation or person whatsoever, it matters not to me, for honesty in a Turk, or Jew, Heathen, or Pagan, is as good, as honesty in those that are called Christians: I could wish, that the nature of Christianity was more looked upon, and the name of Christianity less looked upon; for it is the cunning slight of the Man of sin to make people think themselves happy, as having the name of Christians, without looking any further unto the nature of Christianity: I am not ignorant how people have been looked upon as bearing the name of Sectaries, or independents, and so for Presbyterians, or episcopal, the envy of the name in one another's hearts, hath bred abundance of heartburnings one toward another; My advice therefore is to all, to let names fall, let honesty and godliness be embraced in any man; and let oppression, Arbitrary power, and cruelty be looked upon in any, as destructive to the well being of the Nation: if we do so, we shall look upon things as being acted in the centre of them, and so esteemed. I leave this following Discourse, to all men to be looked upon by the eye of equity, and remain, A lover of freedom. Not the respecting of persons whosoever, but in love to my country, for Liberty, and freedom; and a hating of Tyranny, Arbitrary Power, and Cruelty: I begin this ensuing Discourse. IN the making of way to this ensuing Discourse it is requisite to show; for satisfaction to them that shall read this Discourse, the party, by whom the bondages of this Land came in, not in any way of disgrace to his person, but rather to discover the acts that he did, which rose from his oppressing mind and will. And first of the Person. In the lives of the three Norman Kings of England, in pag. 1. there is a relation of William the conquerors birth, which is expressed in these words. Robert Duke of Normandy, the sixth in descent from Rollo, riding through Fallis a Town in Normandy, espied certain Damsels dancing near the way, among whom he fixed his eye upon a certain damsel, whose name was Arlote, of mean parentage, a skiners' daughter, whom he procured that night to be brought unto him, of whom he begat a Son, who afterward was named William: By this relation it appears, that Will: the conqueror was base son of Robert Duke of Normandy, as may more fully appear, in the Summary of English Chronicles, in pag. 37. William Duke of Normandy, surnamed conqueror, base Son of Robert the sixth, Duke of that duchy. But lest any should think, that I make this discovery on purpose to disgrace the conqueror, I say I do not, for I say no more than what Chronicles do testify of him. Secondly, a bastard sometime hath been an Instrument of deliverance to the people of God, as Jephthah, Iudg. 11. 29. The Spirit of the Lord came upon Jephthah, ver. 32. the Lord delivered his Enemies into his hand: so that God made use of Jephthah to work deliverance. Thirdly, a bastard is not to be blamed, as being a bastard, for it is the parents, not the child that must be blamed, or shamed. I shall say no more, touching William the conquerors birth, and reasons, why I do think that William's person is not to be despis●d of any, as being a base son to Robert Duke of Normandy: but proceed further to show by what means he came to be crowned King of England: In the Summary of English Chronicles, in pag. 37. declares unto us, that William the conqueror came to be crowned King of England, by Conquest in these words. William Duke of Normandy, surnamed conqueror, base Son to Robert, the sixth, Duke of that duchy, and Nephew unto King Edward, began his Reign over this Realm of England, the 14th of October, in the year of our Lord, 1066. after the battle at Hastings, Duke William came to London, where with great joy he was received, both of the Clergy and people; and was proclaimed King, and crowned on Christmas day, by Aldred Archbishop of York. It must be agreed on by all parties, that God gives the Kingdoms of the Earth to whomsoever he will: Dan. 4. 32. 35. So God gave all Kingdoms of the Earth unto Nabuchadnezzar; but if Nabuchadnezzar tyrannize over the people, then great Kings should serve themselves of him: Ier: 25. 13, 14. And so though Assiria did reign, yet it must be brought low: Even so though God did give this land into the hand of William the conqueror, yet he setting up of such Laws as tend to the destruction of the poor, it is just with God to take the Government out of the hands of his posterity, who uphold, and maintain those Laws that were made to enslave the Commoners of England. Before I come to declare the bondages of this Nation, that was brought upon them by William the conqueror, I shall speak of some remarkable things of Edward the Confessor, King of England before the Conquest; as I find recorded in the Acts and Monuments of the Church, in pag. 165. They that write the History of St. Edward the Confessor, make mention of a dream, (or revelation) that should be showed unto him in the time of his sickness: How that because the Peers and Bishops of the Land were not the servants of God, but of the devil, God would give this Land into the hand of others, and the King desired that utterance might be given him, that he might declare it to the people, whereby they might repent: here note if true, as for my part I cannot gainsay it, see the mercy of God toward this Land, as to forewarn them of the danger that should come upon them; which not long after this King's death did come to pass, when William the conqueror overcame this Land. This Edward in that dark age, made such good and wholesome Laws, which were so just, so equal, and so serving the public profit, and weal of all estates, that mine Authors say, that people did long rebel against their Heads, (and Rulers) to have the same Laws again, being taken from them, could not obtain them. William the conqueror, at his coming in, did swear to use and practise the same good Laws of Edward, for the Common Laws of the Realm; afterward being established in the kingdom, he forswore himself, and placed his own Laws in their room, much more worse and obscurer. Also this King Edward describeth the office of a King, in the Acts and Monuments of the Church, in pa. 166. The King, because he is the Vicar of the highest King, is appointed for this purpose, to rule the Earthly Kingdom, to set up good and wholesome Laws, such as be approved; such as be otherwise he ought to repeal them, and thrust them out of his Realm; he ought to do justice and judgement in his Kingdom. Three servants a King ought to have under him as vassals, fleshly lusts, avarice greedy desires; whom if he keep under him, as servants, he shall reign well and honourably in his kingdom; But William the conqueror, omitted these Laws, contrary to his Oath at his Coronation, inserting and placing the most part of his Laws in his own language to serve his purpose; and which as yet to this present day, in the same Norman language do remain. See here by this Declaration the difference of the two Kings, Edward making good Laws, and William changing of them, contrary to his oath at his Coronation, making Laws at his own pleasure, destructive to the people's good and freedom. King Edward, surnamed Confessor, for his excellent holiness, is until this day, called, St. Edward; who so soon as he had gotten his father's Kingdom, of his freewill, released the Kingdom of 40. thousand pound, called, Dane gilt, which the English people, even from the very beginning of the reign of the Danes was compelled to pay to their Kings every year; and this did King Edward in a year when the earth yielded not her fruit, the tribute being gathered by the Treasurers, he commanded that the money should be restored to the owners again. Here we may see, the love that this King had to the Subjects, freely forgiving them the tribute that they had paid to other Kings before him: and this God, saith he, hath chosen, in Isa. 58. 6. to lose the bands of wickedness, to undo the heavy burdens, to let the oppressed go free: this kingly act of Edward the Confessor, may serve for an example for all Governors to follow. William the conqueror did contrary to King Edward, for he sought how to enslave the people of England, by making inquiry what riches the people had, and then to tax them accordingly, as is declared in the Summary of English Chronicles, in pag. the 41. King William caused inquiry to be made, how many acres of ground were sufficient for one plough by the year, how many beasts to the tilling of one hide, how many Cities, Castles, Farms, granges, Towns, Rivers, Marshes, and woods, what rent they paid by year, and how many Knights (or soldiers) were in every County of the Realm; all which was put in writing, and remaineth at Westminster, in the King's treasury; afterward he took six shillings of every plough, that is, of every hide of Land throughout the Realm; and to this agrees the report, in the History of the Lives of the 3. Norman Kings of England, in pag. 98. William the conqueror, caused the Land to be described, in one general Roll, so that there was not one hide of Land, but both the yearly rent, and the owner thereof was therein set down, how many plough lands, what pastures, what fens, or marshes, what woods, Parks Farms, and tenements was in every shire, and what every man was worth; also how many villains every man had, what beast or cattle, what fees, what other goods, what rent or commodity, every man's possessions did yield: this book was called the Roll of Winton, because it was kept in the City of Winchester; by the English, it was called doomsday book, either by reason of the generality thereof, or else instead of Domus Dei book, for that it was laid in the Church of Winchester, in a place called, Domus Dei; according to this Roll, Taxations were imposed, sometimes two shillings, sometimes six shillings upon every hide of Land, throughout the Realm; an hide containing twenty acres, besides ordinary provision for his house. One of the punishments that was threatened against the children of Israel, was to be given into the hands of those their enemies whose Tongue they could not understand. Deut. 28. 49, 50, 51, 52. who should take the increase of the Land: And surely so did William the conqueror squeeze the fat of this Land unto himself, from the Commoners of England, as appears by this declaration of him. In the Acts and Monuments of the Church, in pag. 173. it is reported of William the conqueror, that forasmuch as he obtained the Kingdom by force and dent of Sword, he changed the whole state of the governance of this commonwealth; and to this agrees the History of the Lives of the three Norman Kings of England, in pag. 91. Many heavy taxations were imposed on the English, their ancient Lords were removed, their ancient Laws and policies of State were dashed to dust, all lay couched under the conquerors Sword to be newly fashioned by him, as should be best fitting for his advantage. And in the 86. page of the same History, the stoutest of the Nobility and Gentlemen were spent either by war or banishment, or by voluntary avoidance out of the Realm, all these he stripped of their estates, and instead of them he placed his Normans, insomuch as scarce any family of the nobility of England was left to bear any office, or any authority, within the Realm. And so likewise in the Acts of the Church, in pa. 173. he gave the Normans the chiefest possessions of the Land; he changed all the temporal Laws of the Realm. And so in the Summary of English Chronicles, in p. 41. the Normans accomplished their pleasure upon the Englishmen, that there was no Nobleman of that Nation left to bear rule over them, so that it was a reproach to be called an Englishman. In the Acts and Monuments of the Church, in pag. 173. that William the conqueror ordained Laws at his own pleasure, profitable to himself, but grievous and hurtful to the people; abolishing the Laws of King Edward the Confessor, whereunto notwithstanding he was sworn before to observe and maintain, And so in the Acts of the Church, in pag. 44. he changed all the temporal Laws of the Realm. And so likewise again in the Acts and Monuments of the Church, in pag. 166. contrary to his Oath at his Coronation, he abolished the Laws of Edward the Confessor, and placed the most part of his own Laws in his own language to serve his purpose, which as yet to this present day in the same Norman language do remain. Further, to make the thing in hand clearer, I shall speak as it is declared in the Lives of the three Norman Kings of England, in pa. 101. William the conqueror caused part of those Laws which he established, to be written in the Norman language, which was a barbarous and broken French, not well understood of the natural French, and not at all of the vulgar English, the residue were not written at all, but left almost arbitrary, to be determined by reason and discretion at large. Hereupon it followed partly through the ignorance of the people, and partly through malice of some Officers of Justice▪ who many times are instruments of secret and particular ends, that many were extremely tangled, many dangered, many rather made away, then justly executed. And in the 96. pag. of the same History of the Lives of the three Norman Kings of England, William the conqueror, in the beginning of his Reign, ordained that the Laws of King Edward should be observed, together with other Laws that he did prescribe; but afterward he commanded that nine men out of every County should be chosen, to make a true report what were the Laws and customs of the Realm, of these he changed the greatest part, and brought in the customs of Normandy in their stead, commanding that Causes should be pleaded, and all matters of form dispatched in French. And in the Summary of English Chronicles, in pa. 41. there sprang up wicked customs, the more the people spoke of equity, the more wrong was done; the Justicers were authors of all unrighteousness. In these words these things offer themselves to consideration. First, that the end of William the conquerors Laws was for his own profit; and that appears by the way that he took, in making of his Laws in his own language, which was a barbarous and broken French, not well understood of the natural French, and not at all of the vulgar English; so that the people of England was under a Law that they understood not, which must of necessity be a sore and heavy yoke for the people to bear: from this Will: the conqueror, arose the Law in an unknown tongue, which to this day is a bondage to the English Nation. For a Nation to be under a Law that they know not, is to be under a curse: so in Deut. 28. 49, 50, 51. The Lord shall bring a Nation against thee as swift as the Eagle flieth, a Nation whose tongue thou shalt not understand: A Nation of a fierce countenance, which shall not regard the person of the old, nor show favour to the young. He shall eat the fruit of thy cattle, the fruit of thy land, until thou be destroyed: All these things have come upon this Land by the Normans in these words. In the Acts of the Church, he gave the Normans the chiefest possessions of the Land, he changed all the temporal Laws of the Realm. Secondly, the Laws of William the conqueror, were, and are bondages to the English Nation; when as by policy he commanded that nine men out of every County should be chosen, to make a true report what were the Laws and customs of the Realm before the Conquest, and then to change the greatest part, and bring in the customs of Normandy in their stead, commanding that Causes should be pleaded, and all matters of form dispatched in French. By this it is apparent, from whom the pleading of Causes by Lawyers came up; and surely if the thing be well considered, it is a grievous burden to the Commoners of England, that must give away their money to the Lawyers to plead their Causes: by this the poor Commoner of England pays dear for coming by that which is his own, when he hath occasion to deal with the Lawyer. By this pleading of Causes by Lawyers, the poor Commoner buys his Law at a very hi●h and excessive rate; A poor man may work a quarter or half a year, to get as much money as the trial of one Suit at Law will cost, and when the Lawyer hath pleaded and gotten the money, the thing at last must be ended by arbitration. I find in the way two main things to be answered. The first is this: From what principal the Lawyers and councillors as they now stand, did rise. To this I answer. From an arbitrary power, profitable to themselves, but grievous and hurtful to the people; And if the original of their standing be looked into, it will so appear. For the conqueror making such Laws, as that the Commoners of England could not have the benefit of the Law, but through the Norman Lawyers making merchandise of the Law to the people, and so great gains came in to the Lawyer, through this subtlety, and knowing well that by that craft they had their living, made Laws that none should be a Lawyer, but he that took his degrees at the university, or Inns of Court: so that it came to a custom, (and yet is) that parents set their children to School to study Law, that thereby they might be rich; and having learned the Art to use the silver hook they became great: the parents nor the child consider not at all the tyranny of the rice of that custom. And thus as a child is bound to a mas●er to learn his trade, and to be a Free man of that place in which he hath served the time of his Indenture; so the Lawyers through the unjustness of their custom, served a time to come to be a Lawyer, whose first rice was from the will of a Tyrant. The original of a servant serving a time to a master is to learn a trade, that so he may make the benefit of his ware▪ even so the rice of a man being a Lawyer, is that he may sell the Law to his chapmen (otherwise called client's) so that the Law is bought and sold by the Lawyer and the client. Surely if this were looked into with an eye of reason, it would appear to be as unjust, (namely, the practice of Lawyers to ingroce the Law into their own hands to make merchandise of it) as the monopolising patentees. The second quaere that may be made, is how the Lawyers appear to be bondages to the Commoners of England. I answer in this, that if any one seek for the benefit of the Law, he must fee his Lawyer, or else he must lose his right: So that as in the time of Christ, the Jews could not have the benefit of their Law but by the Roman governors, and that appears about the trial and condemning of Christ, they must lead him away to Pilate that he might condemn him, for they could not of themselves without Pilate: Even so the Commoners of England cannot have the benefit of the Law, but by feing the Norman custom-upholders. Another quaere may be made. But how should any man come by that which is his own, but by the Lawyers? To this I answer. That it is the Law, not the Lawyers, that gives any man his right; and if there were no Lawyers, yet persons might come by their own by Law. For I reason thus. That the Lawyers themselves ought to plead according to Law, and then if it be so, it must be considered, that the ground of the lawyer's plea ought not to be from themselves, but from the Law, and so consequently it must follow, that the Lawyers themselves are in no other place but to get away money from the client; who might, if things were equally carried, come by his right without them. In the History of the Lives of the three Norman Kings of England, in pa. 98. saith thus: That William the conqueror ordained also his council of State, his Chancery, his Exchequer, his Courts of Justice, which always removed with his Court: these places he furnished with Officers, and assigned four terms in the year, for the determining of controversies among the people; whereas before all Suits were summarily hea●d and determined in the gemote or monthly Convention, in every hundred without formalities or delay. If it be looked upon in the Courts of Chancery and Exchequer, the Officers that are in those Courts are such as stand by the Norman customs; and that appears in their customs of pleading Causes for money, making merchandise of the Law, and so consequently of other Courts of Law; the benefit of making merchandise of the Law is only in the hands of Judges, councillors, and Lawyers And further, that the Commoners of England may be kept in ignorance from knowing the Law, that they may live under, and are judged by, all Writs are issued forth in Latin, and Causes pleaded in Latin. The second thing that presents itself unto consideration, is the four terms in the year, to end controversies among the people; and the custom of this is a great bondage to the Commoner when he hath occasion to go for Law: and the bondage consists in three things. First, the coming from all parts of the Kingdom to Westminster four times a year, whereby the poor Commoner is put to great charges and pains, to get all things ready for his journey, and many times are constrained to borrow money to bear their charges, the journey being long, and chargeable; and for the experience of them that have had to come upon such designs to Westminster from all parts of the Kingdom, testify by the filling of their purses at home, and their emptying of them by the way, and at London and Westminster. Secondly, this is not all: the laying out, and spending of their money in the long journeys from all parts of the Kingdom to Westminster; but when they come thither, there are Lawyers and councillors to fee, which is many times as much and more twice told, than the client's expenses in his journey. Thus hath the Norman customs brought heavy burdens upon us, and upon our forefathers in this thing: so that well may that speech of Christ which he spoke to the Lawyers in his time, be justly applied to the Lawyers in our time: woe unto you also ye Lawyers, for ye lade men with burdens grievous to be born. Thirdly, this is a bondage again in this sense, by hindering the old custom before the Conquest, (which was) to have every man's Cause tried in the Hundred where he lived, without coming to Westminster at all, and so had justice in the Hundred once every month. From the things that have been spoken, these things do offer themselves to our consideration. First, that for persons so judged by Laws in an unknown tongue, is an arbitrary power contrary to true reason, and honest plain dealing. Secondly, for Lawyers to have money for pleading of causes, is to make merchandise of the Law to the people. Thirdly, for the standing and custom of Lawyers, as now they are, is a representative of slavery and bondage. Fourthly, for pleading of Causes in an unknown tongue, is to take away the key of knowledge: Luk. 11. 52. from the people of their liberties, birthrights, and Laws; and to keep them in blindness and ignorance. Fiftly, for coming to Westminster from all parts of the Kingdom, is a spending of the Commoners money, losing of his time, and neglect of justice done to the Commoner, as was in that short time once every month in every Hundred before the Conquest. According unto that equal rule, As ye would that men should do unto you, so do you unto them: for this is the Law and the Prophets; is the practice of all Arbitrary power whatsoever condemned. And surely if ever there was an arbitrary power in any thing, it was, and is in this, to make Laws in an unknown tongue to govern and rule a people. The unjustness of this custom may more fully appear, if we look into the manner of God's giving of his Laws, unto the sons and daughters of men; if it be looked into in what manner God gave the Law unto the children of Israel, it will appear to be given in that tongue they could understand. Deut. 30. 11, 12, 13. This Law which I command thee this day, is not hid from thine eyes, neither is it far off. It is not in heaven, that thou shouldst say, Who shall go up for us into heaven, and bring it unto us, and cause us to hear it, that we may do it? Neither is it beyond the Sea, that thou shouldst say, Who shall go over the Sea for us, and bring it unto us, and cause us to hear it, that we may do it? But the word is very near thee, even in thy mouth, and in thy heart, to do it. God deals thus with creatures in his giving of laws unto them so plainly in that tongue, and manner of way that is known unto them, that they cannot say, We have not heard it, nor known it; but it is very near them, in their mouths and hearts to do it; so that they are left without excuse. Rom. 1. 20. God's ways are equal ways; and therefore he so gave the Law unto the children of Israel, that they were not to know it only themselves, which heard the Law delivered by the hand of Moses, but they were to teach it unto their children, and to talk of them when they tarried at home, when they walked by the way, when they rose up, when they lay down, and to put them as frontlets between their eyes, and to write them upon the posts of their doors, and upon their gates, being publicly to be known, and declared unto all the Nation. Also this manner of making Laws, or giving Commandments to people in a known tongue, was practised even by Heathen: This appears in Esther 8. 9 Then were the King's scribes called at that time in the third month (that is, the month Sivan) on the three and twentieth day thereof, and it was written unto the Jews, and to the lieutenants, and the deputies and rulers of the Provinces which are from India unto Ethiopia, an hundred twenty and seven Provinces, unto every Province according to the writing thereof, and to every people after their language, and to the Jews according to their writing, and according to their language. So much equity was among the Heathen, that in this thing they are our examples for us to follow their way, to make laws according to the language of the people that are to be guided by them. It is a sign and token of a disobedient servant, that goeth about to do things contrary to the way and mind of his Master: even so is it a sign and token of the Governors of this Nation, that made laws in an unknown tongue, that the people of this land understand not; to be disobedient stewards unto God. They are against the nature of God, and against the actings of God; against his ways by which he doth manifest himself unto the sons and daughters of men in these things. First, God is light, and in him there is no darkness at all. 1 Joh. 1. 5. And whatsoever the dealings of God toward the creatures are, they are light, and make known to the creature the will of God, and how to know him. This is clear throughout all the Scripture, from Genesis to the Revelation. David saith, Psal. 119. 105. Thy word is a lamp unto my feet, and a light unto my paths: that is, the Law, the Commandments of God was his rule that guided his steps. But when the Law that should guide the Nation is in an unknown tongue, it is neither lamp nor light for the people's paths. This may fully appear, that the ways of God are light to enlighten the people. God sent his Son, whom he saith is light: in Isa. 49. 6. A light to lighten the Gentiles: Luk. 1. 79. Light to them that sit in darkness: Joh. 9 5. The light of the world. Luk. 1. 77. To give knowledge of salvation unto people for the remission of sins: That which makes Princes, Rulers and People to be like God, are works of light; of which, one is to make a known Law, in a known language, that the people might understand the Law. It is one of the works of the devil, to blind the eyes of the understanding. 2 Cor. 4. 4. and then consider what, and whose work it was to put it into the heart of William the conqueror to make Laws in an unknown tongue; and who it is that sits in the hearts of the Judges, Lawyers and councillors of this kingdom, who still hold up the custom of trying the Causes of the people in an unknown tongue: I suppose it must be concluded it is the devil, by these Reasons. First, because the works of the devil are works of darkness, and not light; the end shows the event. Now the work to make Laws in an unknown tongue for this Nation to be guided by, is a work of darkness, for the effect of it proves darkness, and so brings darkness, and keeps the people in darkness, and so consequently is of the devil. Do men gather grapes of thorns, and figs of thistles? by their fruits ye shall know them. Matth. 7. 16. Secondly, the works of the devil are destroying works; therefore he is said to be as a roaring Lion, seeking whom he may devour: 1 Pet. 5. 8. And as the devil is said to be as a roaring Lion, so likewise are tyrannous Princes compared to Lions. Prov. 28. 15. As a roaring Lion, and a ranging Bear; so is a wicked Ruler over the poor people. So that both devil and cruel Princes are compared both to one thing: then it will follow, that those Laws that are cruel, and hard yokes for the people to bear, are the works of the devil in all such rulers. Now if this thing be examined, namely, the Law in an unknown tongue, I am bold to say, that it will be found to be one of the greatest destructives to the well-being and freedom of the people, as ever was heard of in any Nation. For, First, those people that are free Commoners of England have been by that blinded, and their eyes closed, that they have not seen their privilege in their free birthrights. Secondly, they have been constrained to come from all parts of the kingdom to Westminster, and there commit the pleading and censure of their Causes to such men as made merchandise of the Law, and their Causes as they pleased. Thirdly, they have been kept, it may be, some 2, 3, 4, or 5. years in Law, whereby the Norman custom-upholders have greatly enriched themselves, by removing the Suit out of one Court into another, that many times it falls out that the Lawyer is enriched, but the client undone. Experience proves this to be a truth. Again, if this thing be well considered, namely, the Law in an unknown tongue, it is right opposite to the way of God. First, in the giving of his Son to be salvation to the ends of the earth, Isa. 49. To open the blind eyes, this was Christ's work; but the Law in an unknown tongue doth not open the blind eyes, but those that are blind it keeps still in blindness: so in this it is opposite to Christ's work. Secondly, Christ was sent to proclaim liberty to the captives, Isa. 61. 1. But the Law in an unknown tongue proclaims no liberty, no glad tidings, no freedom to the oppressed; but declares curse, bondage, and woe. Deut. 28. 49, 50, 51, 52. Ier. 5. 15, 16, 17. One of the privileges that God promises to his people, Isa. 33. 19 is, Thou shalt not see a fierce people, a people of a deeper speech than thou canst perceive; of a ridiculous or stammering tongue, that thou canst not understand. So that it is liberty and freedom to be under a Law that the people can understand. Nothing makes the government of England to be like the Church of Rome so much as this, to lead and govern people in an unknown tongue. For as the Papists keep the people in ignorance concerning their spiritual estate, by an unknown tongue: even so the Judges, Lawyers, and councillors keep the people of England in ignorance in their civil or temporal estate, by an unknown tongue. Further, the Law in an unknown tongue is both against the way and end that God gave the Law unto the children of Israel, if we consider the way it was in that tongue they understood, Deut 30. To that it is opposite, and it is opposite also to the end, which was, first, that it should be in all their mouths & hearts, that they might continually talk of them. 2ly, that they might teach their children. 3ly, that it might be written upon the posts of their houses, and upon their gates. First, it is opposite that the Law should be in all the people's mouths; for it is that it should be in some of the people's mouths, namely, Judges, councillors, Lawyers, they only are to know the Law, and no other by this custom. Secondly, the Law was given to this end, that the children might know it, but the Law in the unknown tongue to the contrary. For whereas the children of Israel was to teach the Law unto their children; by this Law in an unknown tongue the parents of the English children, are constrained to ask counsel of the Lawyers: and so in this it is directly opposite. Thirdly, the Law was to write upon posts, and gates, that thereby the people might know the Law generally, being known so openly. But the Law in an unknown tongue, causeth the Law to be kept and showed only at Westminster, the Inns of Court, and Universities, and Judges, councillors, and Lawyers Chambers. Thus far to show the tyranny of the Law in an unknown tongue over the people of England. The second thing that presents itself to our consideration, is recorded in the History of the Lives of the three Norman Kings of England, in pag. 99 that in all those lands that William the conqueror gave to any man, he reserved dominion in chief to himself; for acknowledgement whereof a yearly rent was paid unto him, and also a Fine whensoever the tenement did allen or die; these were bound as client's unto him by oath of fidelity and homage: and if any died his heir being in minority, the King received the profits of the land, and had the custody and disposing of the heirs body until his age of 21. years. These words declare unto us two great bondages that have been in England; the one is thrown down by this Honourable Court of Parliament, called, The Court of Wards; the other bondage remaineth still untaken away: Of that I intend somewhat to speak. The bondage being looked upon with a single eye, will appear to be great two ways. First, in the greatness of it in extent. Secondly, in the heaviness of it upon the poor man. First, for the greatness of the extent of it, and that is over every one dwelling in a Town; except the Lords of the manor who is the yoke-master, and not a sufferer under the yoke. The heaviness of it appears in these two things. First, when a man hath bought a piece of Copyhold-land so called, when he hath paid for his Copyhold-land of the owner thereof, yet notwithstanding must pay a Fine to the Lord of the manor, or else he cannot enjoy it. This is a most grievous oppression upon the people. Secondly, when the party either leaveth his Living, than another Fine is to be paid; and also when the party dyeth, than a Harriot, so called, is to be paid again. Those who are countrymen, and deal in farms and Land, I suppose can testify this by woeful experience; and therefore I leave this to their consideration: only I shall show how the Lord complaineth of such things in Scripture. This oppression doth reach the poor widows that hath lost their husbands, and is left poor, comfortless and needy, their stay, their upholds is dead, and yet notwithstanding must lose the best goods they have for an Harriot to the Lord of the manor. This or such like kind of oppression Job spoke of, Job 24. 9 they take a pledge of the poor. And Isa. 10. 2. turn aside the needy from judgement, and take away the right of the poor of my people, that widows may be their prey, and that they may rob the fatherless. What greater wrong can be done to any, then to take their goods, that which is properly the parties own? Among the children of Israel was found such like grievous oppression: Ier. 5. 26, 27, 28. For among my people are found wicked men: they lay wait as he that setteth snares, they set a trap, they catch men As a cage is full of birds, so are their houses full of deceit: therefore they are become great, and waxen rich. They are waxen fat, they shine, they overpass the deeds of the wicked. The snares that are set by Rulers to catch the people, are those grievous Laws that are like snares, that the people by this means are brought into great bondages and slavery, under cruel masters. As witness when a man hath bought a piece of land before he can enjoy it, he must pay a Fine to the Lord of the manor; and if he come not in to take it up in the Court, he than forfeits his land. What righteousness is in such a law or custom, I find very little or none at all; but against righteousness, justness and equity, to practise such arbitrary tyrannous customs, grievous for the people to bear. Now than it is not to be looked upon, whether it be not right to pay Fines or heriots to the Lord of the manor, according to that Law or custom that is now in England for that purpose▪ but it ought to be known whether that Law that demandeth such unreasonable things, as Fines and heriots to the Lord of the manor, be according to the rule of equity. And then I suppose that if that be the quaere, it will be answered, that such a Law is not according to the law of equity: for these Reasons. First, that Law that tendeth only to that end to enslave the people in bondage under heavy burdens, cannot be concluded to be according to the Law of equity: for God saith that this pleaseth him. Isa. 58. 6. To lo●se the bands of wickedness, to undo the heavy burdens, to let the oppressed go free, and that ye break every yoke So that in this, obedience is better than sacrifice. For what doth it avail the people to have Fasts set up, and Humiliations observed by the great ones of the land, and have not their burdens and yokes taken off from them? Secondly, that Law that tendeth (to this end) to oppress the widow and the fatherless, cannot be concluded to be according to the Law of equity. God saith expressly in Exod. 22. 22. Ye shall not afflict any widow or fatherless child. And in Zach. 7. 10. God tells them that they should not oppress the fatherless nor the widow. This was that which God always exhorts the people unto by the mouths of the Prophets: Zach. 7. 7. Isa. 58. 6. Isa. 1. 17. Then if it be considered, that the widows are not to be oppressed, the Law of taking of heriots of widows must be concluded to be Arbitrary power over the poor people. Thus far to show the arbitrariness of Fines, and Rents, and heriots that are paid to the Lord of the manor, I shall apply myself to give an Exhortation to the Commoners of England, that they may see the great works of God, that the Lord hath showed from time to time unto this Nation since these troubles began, that they might have them in their remembrance. The Exhortation. GLorious and great things hath the Lord the great Jehovah showed unto this Nation since these troubles began; and if well considered, they are the dealings of mercy toward us, even thoughts of love, and of peace and good will, If we consider the knowledge of our bondages that are now brought to light, that have of long time enslaved this Nation for almost six hundred years, that were brought upon us by Conquest, and from the wills of tyrants over the people, as the Law in an unknown tongue, the standing of the society of the Lawyers, the pleading of Causes in an unknown tongue in Westminster-Hall, the four terms in the year, the feing of Lawyers, the being kept ignorant from knowing the Law, and their birthrights, the bondage of Rents, and Fines, and heriots to the Lord of the manor, the burden of tithes: all these things have, and are looked into to be tyrannous to the Nation. And although the Land hath suffered much since these wars began, yet wars could not be avoided, but they must needs be. For as the bondages of this Nation came in by the Sword, even so by the Sword the liberties thereof must be gained: and that will appear, because the Rulers of this land having brought the people into bondage, there was no way for their greatness to fall, but by the Sword. This way in the eyes of God was good, and the Sword hath prevented those actings of oppression even in the same members themselves; if we do but mind it, as last Summer, when they made an Ordinance for to persecute men for conscience, then presently after was the rising in Kent, and Essex; also when they would have brought home the King upon his terms, by a Treaty, they were disappointed in that also. By these actings of God it is evident, that he will destroy those things that are of the flesh in Noblemen, to hinder them in the gentry: to hinder them in others, to hinder them that he only may be exalted. Oh therefore look upon the work of God, rather than to look upon men according to dignities; For as dignities are of the earth, so they must be brought low, even to the ground: So that men shall not be looked upon as in reference to dignities, but their actings shall be looked upon, whether they be good or evil, and so accordingly judged. Therefore now in this time of searching, let every one endeavour to know those things that are freedom and liberty, free from arbitrariness and ungodliness, that they may know that which is profitable to all the commonalty of the Kingdom, things good and wholesome to all the people of the Kingdom. The end of my writing this Discourse, is, first to give the Commoners of England knowledge, from whom the bondages that have enslaved the Nation proceeded. Secondly, that the Commoners of England may see how clear these bondages are against God, against his way, and against freedom and liberty. Thirdly, that the Commoners of England seeing of the unjustness of such customs, may look for customs of liberty and freedom, which is the desire of a Commoner of England. For the further satisfaction of those that shall read and meditate upon this foregoing discourse, I shall quote some Scriptures that speaks against the ways of men, that make, follow, and uphold the customs before mentioned, that they are against the mind of God, as he hath declared in word; and also threatneth punishments unto those that practise them. The unknown tongue for a people to be governed under, is a curse to the Nation, and not profitable. Deut. 28. 49, 50, 51. The Lord shall bring a nation against thee from far, a nation whose tongue thou shalt not understand. Jer. 5. 15. Lo, I will bring a nation upon you, it is a nation whose language thou knowest not, neither understandest what they say. 1 Cor. 14. 4. He that speaketh in an unknown tongue, edifieth himself. 6. Now brethren, if I come unto you speaking with tongues, what shall I profit you, except I shall speak unto you either by revelation, or by knowledge, or by prophesying, or by d●ctrine. 7. And even things without life giving sound, whether pipe or harp, except they give a distinction in the sounds, how shall it be known what is piped or harped? 8. For if the trumpet give an uncertain sound, who shall prepare himself to the battle? So likewise you, except ye utter by the tongue words easy to be understood, how shall it be known what is spoken? for ye speak in the air. 10. There are, it may be, so many kinds of voices in the world, and none of them are without signification. 11 Therefore if I know not the meaning of the voice, I shall be unto him that speaketh, a Barbarian, and he shall be a Barbarian to me. Against gifts or unreasonable Fees, that Lawyers and others take of the client, whereby many times there is neglect of justice. Exod. 23. 8. And thou shalt take no gift, for the gift blindeth the eyes and perverteth the words of righteousness. Deut. 16. 19 Isa. 1. 23. Thy Princes are rebellious, and companions of thieves: every one loveth gifts, and followeth after rewards. Micah 3. 11. The heads thereof judge for reward, the priests thereof teach for hire, the prophets thereof divine for money. Against oppression by the Lord of manors in taking of Fines. They covet fields, and take them by force; and houses, and take them away▪ so they oppress a man and his house, even a man and his family. Amos 4. 1. Hear ye this word, ye kine of Bashan, that are in the mountain of Samaria, which oppress the poor, which crush the needy Amos 8. 4. Hear ye this, O ye that swallow up the needy, even to make the poor of the land to fail. Exhortations to amend. Jer. 18. 11. Return ye now every one from his evil, and make your ways and your doings good. Zach. 1. 4. Turn ye from your evil ways, and from your evil works. Isa. 1. 17. Learn to do well, relieve the oppressed, judge the fatherless, plead for the widow. Blessings promised upon amendment. If ye oppress not the stranger, the fatherless and the widow, and shed no innocent blood: if ye throughly amend your ways, and your doings; if ye throughly execute judgement between a man and his neighbour, then will I cause you to dwell in the land that I gave to you. Jer. 7. 5, 6, 7. When I say unto the wicked, Thou shalt surely die, if he turn from his sin, and do that which is lawful and right; If the wicked restore the pledge, give again that he had robbed, walk in the statutes of life; he shall surely live, he shall not die. Ezek. 33. 14, 15. Punishments threatened to them that do unjustly after admonition. Prov. 29. 1. He that being often reproved, hardeneth his neck, shall suddenly be destroyed, and that without remedy. Prov. 1. 30, 31. They hated knowledge, and did not choose the fear of the Lord, they would have none of my counsel: they despised all my reproof. Therefore shall they eat of the fruit of their own way, and be filled with their own devices. The reason why I quote these Scriptures is, that all oppressors of what sort soever may see, that God abhorreth all manner of arbitrary power and cruelty; And if we look into the Scriptures, we may see how the Lord from time to time hath brought judgements upon them. I conclude with that in Micah 6. 8. He hath showed thee, O man, what is good; and what doth the Lord require of thee, but to do justly, to love mercy, and to walk humbly with thy God. FINIS.