TWO CHARGES, As they were delivered By T. E. Esquire, Justice of the Peace for the County of suffolk. 

The one at Easter public Quarter-Sessions of the peace, held at Ipswich in that County: On Friday, April the 6. 1649.  
The other upon the opening or first public sitting upon the Commission of Sewers, at Woodbridge in the Liberty of St. Etheldred in the same County: On Wednesday, Sept. 5. 1649. before two substantial Juries, good Freeholders & others of that County.   Wherein appears The necessity of GOVERNMENT, and of steps and degrees in it: And the duty and great trust in those in public employment not to desert the present GOVERNMENT.  
LONDON. Printed for Matthew Walbancke at Grays-Inne-Gate. M.DC.L.   

The Stationer to the Reader.  
READER,  
I Must aclowledge my copy is at the second hand; for, the author upon request delivered a copy to a worthy Friend of his, My Friend had access thereto and Copied out mine. And although at first the author was opposite, yet now to prevent mistakes in Copies to his injury, assents to the proceed of the press.   

Two Charges, as they were delivered by T. E. Esq; a Justice of the Peace of the County of Suff.  

Gentlemen of the Grand Inquest,  
THat Text from the mouth of God himself, namely, It is not good for Man to be alone; is a Primitive Precept, and needs no other argument to make society and human Fellowship of Divine Right; howbeit we know it is the scope of the second Table, and at which it drives: This is therefore above the reach of reason or fancy to question; for the rule always holds, that in Divine matters we are not to look so much at what is commanded, as who it is that commands; not quid, but quis; not the thing, but the authority of the Commander; for it is, summa ratio, that mans reason should vail Bonnet in all humility to the will of God, who gave him that reason: In human or temporal things it is otherwise, for there where Gods will appears not, reason rules; here we are not to consider the Commander so much, as the justness of the command, not so much quis, as quid, and to order ourselves accordingly: This society and human Fellowship consisting chiefly of Love and Charity, which is the fulfilling of the Law, is a principle of Religion, because God directs it, and Religion cannot be where this is not. Lactantius saith, that Sola Religio esc, queen hominum inter se custodit societatem; It is onely Religion that keeps and maintains society among men: And for the preservation of this society, as Politicians say, were first private Families ordained, and so towns and Cities, which in the way of lawful order and government, with superiority and subordinatie, makes a Common-wealth: And for this end are those two great Ordinances of God, Magistracy for distribution of Justice, and Civill right in the commonweal, so much spoken of and insisted on in that 13th Chapter of the romans; and ministry for dispensing of the Gospel of Peace in the Church, requisite. It hath not been at any time among wise and rational men asscrted, but that Government and Governours are necessary, and there can be no Government without degree and order, which keeps us from confusion; One says, that Degrees were stairs of Gods fabric in the Creation, and that there can be no order without degree, order being nothing else but differencing of degrees, and a right disposition of parity and disparity. Job 10. 22. Before I go hence, and shall be seen no more, even to the Land of darkness, and shadow of death; into a Land, I say, dark as darkness itself, and into the shadow of death, where there is no order, namely, Confusion. And although Government be requisite both in Church and State, yet we see difference in judgement which is the best; in the Church, some for Episcopacy, others for presbytery of several sorts, and some for Independency; in the Common-wealth, some for Monarchy, others for Aristocracy, as in Venice, where rule and power is placed in the hands of such in whom is conceived best life and manners; others for Oligarchy, as in several places in Sicilia, when a few wise or rich men govern; Democracy, as in Athens, where the Free-men, the greater number were Lords of the State, and ordered all at a Common Hall, or Assembly, by Vote, and some others for a mixture of all or some of these. We read, that ptolemy, King of Egypt, in one day feasted seven ambassadors of several commonwealths, and of differing Governments, and desired them to instruct him in the best points necessary for preservation of a Common-wealth; The ambassadors were, the Roman, Carthaginian, Sicilian, Rhodian, Athenian, Lacedemonian and Siconian, and they gave him several answers relating to their respective Governments; but Government itself, and the right of it, was never yet questioned to be necessary by any wise or rational man; for it is the Ship wherein the Common-wealth swims; and take this away, and it sinks and ruins; and it behoves us, though never so mean, for safeguard of ourselves and others, to keep this Ship from sinking by upholding of and acting in Government, and the ways of it in our several spheres, and not to neglect it. Gentlemen, I am but a bad Arithmetician, yet methinks I can cast up this account, and all these particulars into this sum total, that Government is of pure necessity, and that no Body politic, or natural, can consist without it; and that as a hungry man necessitated, must not leave his meate because it is not so well dressed as he would have it; nor as the naked man must not leave his clothing because they are not so well made or shaped as he would have them: so, nay much more those in public employment in a Commonwealth, must not desert Government, because the way or form doth not like them. Though one kind of Government be better then another, yet take that is next rather then none, and to fall to their tackling; for although the course of nature in the body natural, may endure some time of restraint, yet in the body politic, Justice and the strength of it, cannot one quarter of an hour be suspended; for by that small time of impunity of offenders, the Murderer, the thief, the Oppressor, &c. destroys all; and we have encouragement that our succeeding Government will be good for the Parliament, the last term, did resolve and declare to maintain the fundamental laws of this Land, as they did by that their Protestation and Vow in May, 1641. which they took themselves, and commended to all others to take; wherein they undertook with their lives, powers and estates, to defend the lawful Rights and Liberties of the Subject( which is the Law of the Land, the Peoples birth-right) and so have several times since declared. Gentlemen, these are those fundamental laws which William the conqueror either by agreement urged, or with the common equity of them being convinced, did notwithstanding his Conquest, yield to. These are they that in the Magna Charta, or, Great Charter, made in the 9th year of H. 3. above 400 yeares since, are called the Liberties of England; and in the 20. of H. 3. when the Pope desired to change but one particular ground of those laws, as great as then he was, the Parliament cried out, Nolumus Leges Angliae mutare. And in the Book case of 8. H. 4. fol. 19. it is said, The King cannot put his Subjects from their inheritance which they have in the Common laws. And in 19. of H. 6. fol. 62. the laws of the Land are called, the high inheritance of the kingdom, by which( saith the book) the King and People are guided. And that learned Bracton, several hundred yeares since, said, 
Bracton, f. 5. c. 8.  Rex debet esse sub Deo & Lege, quia Lex facit Regem. And in that old Statute of praemunire, made in 27. E. 3. against those that sue in foreign realms: The words are these, viz. In destruction of the common laws of the Realm at all times used, not at or since the Conquest, but at all times used: These laws, like truth, are very aged, yet very fresh and good, without wrinkles, and of full beauty and strength, their age and duration show the strength of their constitution, for weak and abortive births are never found amongst the works of time; they have always been, and still are the strong establishments of, our enjoyments of liberties, privileges, and properties, — Fundus à patre relinqui potest, at usucapio fundi, quae finis est solicitudinis, non à patre relinquitur, said à legibus: But I shall say no more in this so plain a matter, lest I have no better success then had the ambassadors of the Samians at lacedaemon, who having made a long and tedious Speech of things easy to be delivered in few words, and not seeing their error, but expecting a grateful answer, had no other then this slighting, We have forgotten one part of your embassy, and the rest we know not how well to understand: Or as that Orator being very long in speech to Aristotle, desired pardon for his prolixity: to whom Aristotle replied, Friend, thou hast no cause to ask me pardon, because I took no heed to what thou sayedst. And now we have looked upon the Foundations or Grounds of Government, and the laws or Lessons thereof, let us aim at and desire the fruits and blessings of them, namely, Peace, and pursue it; and the way of it is the course of Justice; the benefit is so great, we cannot measure it; we are to search for and find out all Breakers and Breaches of the Peace, either directly or indirectly, by force or fraud, by strength or stratagem: This is a Court of Sessions of the Peace, so called, and we are all in a judicial or ministerial way, Members of it; the Verse is true, and pleasant to us, Nulla salus bello pacem te poscimus omnes. The Heathen Governours held it their duties not onely to uphold peace, but with their best endeavours to make and create it. I red that Archedamus King of the Lacedemonians had two of his great Nobles at jars, which might endanger the Breach of the public peace, and therefore he studied how he might in a wise and just way make peace and friendship between them; and because he conceived the just decision hard( although they had referred themselves unto him) would not judge the matter lest he might err in judgement and so make the difference wider and harder to reconcile; and therefore, ordered them to meet him in the Temple: and there, again, they submitting to his order & award, he ordered, that they should not depart out of it till they had agreed between themselves, and sworn friendship each to other. A faire light to us Christians, who are further engaged that way than any Heathen for love to our Neighbour; the mother of peace is a principle of our purity and Religion. Saint Ambrose hath observed, That Grace and Peace were never used in greetings before Christ's coming; and since, they are become sisters and companions. Now Gentlemen, as in the body natural, diseased and corrupt members or joints disquiet the body, and the peace of it, and ought to be cured or cut off; and for that purpose is the Physician and chirurgeon requisite; so in the body politic, the peace of that cannot be sure or solid but by taking away or curing the destructive and corrupt members thereof; and for that purpose is Magistracy and the dependents of it. And now the Gentlemen of the Bench, and you of the Grand Inquest at the bar, this way are to employ yourselves. And as you are to regard the public peace as to the matter, so you ought to further it in the manner; namely, by, and not against the course of Law, which is the less●n of Justice: It is now time to show and point out these maladies & putrifactions in the Common wealth, and to which it is subject, and those are the particulars of your charge; and they in the general consist chiefly in offences against the first Table, things that are or tend against the Divine honour and worship of God; And also offences against the second Table, in breach of justice, love, and charity towards men: And so I shall descend to the particulars: And first, to those which tend nighest to or towards the dishonour of God and against his worship, the duties of the first Table, and are as followeth, viz: you are to inquire if any within a year & a day have depraved, despised or contemned the Sacrament of the body & blood of our Lord & Saviour Jesus Christ, either by word or otherwise, they are to be imprisoned, fined, and ransomed. You are to inquire of all that neglect the Church on the Lords day, a time and place set apart for the divine honour and worship of God, punishment is to be except there be a reasonable excuse: The default for a day is 12d. for a month 20l. You are to inquire if any by writing, cyphering, printing, preaching or teaching, dead or act, extol or set forth willingly the authority of the Bishop of Rome, or his Sea; the Party, his Abetters, aiders or Comforters, shall be indicted within a year after the offence, and shall incur a praemunire, and the punishment thereof, as is mentioned in the Statute of 16 Ric. 2. cap. 5. viz: out of the protection of the Law, his lands forfeit, and his body to be attached, &c. If any bring into England any Agnus Dei, Crosses, Pictures or beads, supposed to be hallowed or consecrated by the Pope, or by or under his authority, and offer to deliver them to the People, they incur like penalty of praemunire. Of all Jesuits, Seminary Priests, and others, deriving their authority from or under the Sea of Rome. All those that go or sand their Children over beyond Sea out of this Allegiance, to be resident in any house of Jesuits, forfeit 100l. Those that by word or otherwise, disturb the Preacher in his Sermon, the aiders and Abetters of such Persons are to be imprisoned for three months, and thence until the next Quarter Sessions, and then bound to their good behaviour; and if they refuse, then until they will. If any maliciously strike, beate, or wound any Person with any weapon in any Church or Church-yard, or draw any weapon there to such purpose, in this case by conviction of twelve Men, or by the oaths of two lawful Witnesses, the Offender shall have one of his ears cut off; and if he want cares, he shall be marked in the cheek with a hot-iron with the letter [ F] in token he is a Fray-maker; this Statute was made in 5. Edw. 6. a time of Reformation when the Gospel of peace was advanced, and we are in like times now, and had need take care that encouragement be given to those that will come to hear the glad tidings of their salvation. Of all perjury and subornation of perjury; all witch-craft, conjuration, and sorcery, invocation of any Spirit, or to consult, covenant with, entertain, feed, employ or reward any evil Spirit for any intent or purpose whatsoever, is Felony by the Statute of 1 Jac. cap. 12. and yet those were offences at the Common-law, as appears by the book of 45 Edw. 3. fol. 17. and every of them, is Malum in se,( as in Law we call them) and so are many things against the Common-law in the same nature; although Statutes in such like cases add to the punishment, yet makes not the offence, but were at the Common-law before profaning the Lords Day by sports or voluntary works, as Drovers in driving Cattle, counsellors, and others by working or carrying home wears, this is the day which Christians ought to consecrate for the divine worship & honour of God, the duty of the first Table, wherein none other then the works of preservation and charity ought to be, as by the Gospel-example in plucking ears of corn, and taking the Ox out of the ditch, &c. All those that commonly use profane oursing and swearing, those cock-brain'd and wanton Sinners that brings displeasure to the Hearers, and disprofit to themselves; they might be better Masters of their mouths if they would think of Gordius the Martyr who when he was carried to execution, his seeming-Friends desired him to change his opinion; but he answered, The tongue ought not to speak any thing to the reproach of him that made it. Also, if any keep a House of common bawdry, it is a horrid 'vice and breach of the peace; and the Common-law had always conusance of that to punish it, and well it may; for, it is destructive to a Common-wealth, and the way to Hell through the Chambers of death, as Solomon says; and you know that Youth is the stock of the Common-wealth, and strength is the glory of the Young man, and wisdom the honour of the Aged; but this rots a Common-wealth at both ends: for, here the Young may loseth his glory, that is, his strength; and the Old man his honour, that is, his wisdom. The offences upon the second general; chiefly against the second Table: such as come to my memory, are these, within the conusance of a Sessions, petit treason, murders, man-slaughters, robberies, burglaries, thefts, rapes, sodomies, buggeries, and other such things, every one of which, the Common-law calls, malum in se, and reacheth the life of the Offender. Mayhems, batteries, riots, routs, unlawful assemblies, extortions, frauds & deceits in measures in things measurable or in weights in things weighable, uttering of corrupt victual or unwholesome beer: annoyances in the highways, & such things; every of which, is, malum in se, but reach only the corporal & pecuniary punishment, and not life. And then there are other things also within your conusans that are made offences by Act of Parl: which otherwise are indifferent in themselves, but so made for conveniences of times and Government, and are called, mala prohibita, and the rule that one remembers may well be applied in this case; namely, human laws are called temporal; for, although they be just, yet may they justly be changed according to the times, such are Fore-stallers, Regrators, engrossers, the Caterpillars of a Common-wealth in times of scarcity. And not mending of bridges, cawsyes, highways, especially in this County where the ways be so bad and deep, that things cannot be carried to the Market easily, and so helps to a Famine. Not scouring of ditches, or not taking away the drippers or bushes in the highways. Hunting in any forest, park or Warren in the night, or with Vizards or painted-faces in the day, is felony. Taking of wants and partridges with nets, or other engines, I shall not need to lay open the extent of all these, onely those most difficult: Pettie-Treason is where a Woman, killeth or poisoneth her Husband, or a Servant killeth or poisoneth his or her Master or Mistris; and so where son or Daughter, living with the Father or Mother, kill or poisons them, in case the party so offending be of competent age to know what he or she doth, and be of sound mind, not mad or lunatic; the Law intends obedience and trust between the Parties, and therefore the offence is greater in esteem of Law than ordinary murder. It hath been held, that if a Bastard kill its Mother, it is also Pettie-Treason; and reason, for the Law of Nature holds between them( though the Law of the Land think not of relation in point of right of succession) and deprives privilege. The rule of distinction both at common and civill Law, is Sanguis naturalis, & sanguis hereditarius & civilis, The civill or hereditary blood may be corrupt, but the natural blood cannot: And that old book makes it good, where the Mother was attainted of felony, and the Daughter kills her; this was pariside, for they were Mother and Daughter, notwithstanding the attainder, but the Daughter could not be heir by reason of the attainder and corruption thereby of the Hereditary blood, which blood the Law creating is lost and forfeited, and so Ancestorship and Heireship, or that jus successionis, as the Civilians call it, is gone. murder must generally be where malice is fore-thought, yet in some cases hot blood will not excuse; as if one on a sudden without provocation, Diabolica instigatione, kills or poisons another, for the Law presumes malice. If an intent be to kill or poison one, and it happens on another. If the sheriff or other Minister of Justice in execution of his office upon another, be killed by him, it is murder in favour to the execution of Justice. If one comes to anothers Orchard or House to rob him, and the Owner rebuk or oppose him, and the Owner be killed, it is murder. If a Rioter, Router, or such like, kill those, or any in authority, coming to suppress them, &c. is of like nature: These are cases out of the general rule. All present, aiding, abetting or comforting, are principals, although but one gives the stroke, accessary is the Commander or Assenter not-present. Stabbing with a Dagger, or other Weapon that is not usually worn of a sudden, is murder by the Statute of 1. Jac. And if any Bill of Man-slaughter come before you, and you conceive it will be murder by the evidence acquaint the Bench, that a Bill of murder may be preferred, That so crying a sin as murder may not go unpunished. Man-slaughter is in hot blood, and with sudden provocation so qualified by Law, because of the general passion and infirmity of men. Robbery is where any thing is taken from the Person of a man feloniously. Burglary, is breaking of a dwelling-house, Church-wals, Towers or Porch in the night, with intent to commit felony, although they take nothing. If any put his foot over the threshold, or any part of the house in the night to steal, it is burglary; but if it be to other intent then to steal, it is not burglary. It hath been adjudged letting one down a Chimney, although he break not the house, if it be with an intent to steal in the night, it is burglary. Theft is taking away of another mans goods secretly, with intent or mind of stealing them. By the common Law a Servant entrusted with his Masters goods, could not steal them, nor a Wife cannot steal from her Husband; here is no taking away, for the possession was in them; but by the Statute of 21. H. 8. a cook, Butler, Horse-keeper, shepherd, &c. entrusted with their particulars, and going away in a secret manner with them, are felons. Burning of a Mansion-house or Barn adjoining to a Mansion-house, is felony. Rape is carnal knowledge of a female under ten yeares of age, or any other woman( of what age soever she be) against her will. Sodomies & Buggeries, not to be name amongst Christians, but it is fit they should be known, that they may not go unpunished; the one is that abominable and carnal pollution between mankind; the other is by man with beast. Mayhems and Batteries, you know what they be. Riots, where three or more are got together to do any unlawful act, and do it. An unlawful Assembly, where they are got together to do any unlawful act, but do it not. A rout, where they are gathered together without authority, merely of their own heads, and their intent is not known; or where they give out they will break hedges or enclosures in a town, &c. these are in several degrees of offence and punishment. Extortion, where any Officer under colour of his office, extort beyond their Fee allowed by Law. You know what the frauds and deceits be by false measures, weights and balances, either in corn, bread, beer, Millers in their tolls, or otherwise, selling of corrupt victuals, or unwholesome drink, your skills and diligent cares are to know, and inquire them out. Butchers blowing of their meat with their breaths, no question is within this branch; for many of them have unwholesome breaths, and the meat blown cannot be wholesome by whomsoever. The offences that are, Mala prohibita, are neglect in the high ways, what are neglects therein, and the manner of proceeding to those amendments, are in the Statute of 2. and 3. of Philip and Mary, &c. And overdripping with bushes, trees or otherwise in high ways, are presentable; and so not scouring of ditches. A Fore-staller is where one buys or causes to be bought, or contract for bargains, or promiseth to have any Merchandise, Victuals, or other things coming by land or by water towards any market or faire to be sold; or shall by word, letter or otherwise, move to enhance the price, or dissuade any Person from bringing to the Market. A Regrator is he that buyeth and selleth in the same Market any victual or other things to be sold, or in any fair or Market within 4 miles. An engrosser is he that buys corn or other provision of victuals with intent to sell the same. For some others of this kind which are mala prohihita, I mentioned before. Onely. I did forget Ale-houses, the multitude of these I take to be the great bane of the Common-wealth, & I wish that the Justices would forbear their licensing of them except in open Sessions, where exceptions of the Country may be taken against Person and place; here begins the seed or core of all mischief; hither resorts the murderer, thief, Drunkard, Swearer, Curser, Adulterer, &c. and here is the Devils free-school, here was the birth of that Monster which hath almost destroyed this Nation,( I mean drunkenness.) It is strange that it should be fostered here when almost all other Nations would not suffer it to enter; the Moores to keep their Children from this 'vice, tells them, That there was a Man of an austere course of life, and the People being all lewd about him, would compel him to commit one of three crimes, and for that purpose they set before him a Bottle of wine, a Sword, and a Woman; and he did choose the Bottle of Wine, as the least; which being drank up, he assaulted the Woman; but being opposed, he takes the Sword and kills the Opposer, and then acts the other; and so committed by drunkenness all three. I red that the Romans resolved war against the Sarmates, and Lutius pus was created Consul, and appointed for this expedition, and had various and long work with them, and concluding truce; having divers times banqueted the chief Captaines of the Sarmates, and perceiving them liquorously given to Wine, at last made them a bountiful Feast where was plenty of Wine; and they, in their drunken humour, yielded their Province tributary to Rome: the Wars being concluded, and the Consul returning to Rome, demanded Triumphs usual for Victors, which was not only denied him by the Senate, but the form of his Victory was so abhorred, that publicly they put him to death, and for his greater defamation made this Epitaph upon him, [ Here lies the Consul Lutius pus, who not by arms in Field, but by Carousing at his Table, not by the lance, but by plenty of Wine conquered the Sarmates:] And in further disgrace, caused publicly to be proclaimed throughout Rome, That whatsoever had been won in the Roman Peoples name by Lutius pus should be accounted as nothing: And wrote moreover to the Sarmates, that they denied any conquest of them, but referred them to their former privileges and liberties. I call thus much to mind to stir up your consideration to all things, and leave them & what other things I have forgotten, and may come to your memories useful for you, to your care and diligence.   

The other Charge upon the Commission of Sewers.  
GEntlemen that are summoned, impanelled & sworn on these two Juries, It may be expected by reason of the consequence to the Common-wealth, and the seldom actings in these affairs, that I should be tedious in what I have to say, but I shall order it otherwise, seeing you knowing Men: As when I meet with understanding Travellers, I can as well point them out the way with my finger as if I traversed the ground with them myself: So I shall deal with you at this time in the sense of my mind; I shall onely remember you of the chief heads and characters, rather then cost about all the particulars of your Charge: And in that also I shall go the plain and ordinary course in all business of weight: First, to look at the end and object-matter; and then the authority or circumstance: First, the legallity and justness of the thing; then the ways or means to effect it: you know prius intelligere & deinde accedere ad opus, first to understand, and then to proceed to the work, is an old and a sure Adage; and if precept and custom were wanting, common reason would teach us the use of it; for the mind is the cistern, and outward action and speech is but the cock; therefore it is fit we see what water is in the cistern before we let the cock go: and much agreeing to this is Solomon, who saith, That the heart of a fool is in his mouth, but the mouth of the wise is in his heart, signifying thus much unto us, that the true coin of all outward actions must first have their stamp in the mind and understanding. Gentlemen, the end and object-matter of your employment, is, the good and benefit of the Common-wealth, and for the preservation of this our iceland in the suppressing or wel-ordering of that cruel and raging enemy, water, be it by Sea or fresh Rivers, I mean in the overflowing or excess of it: Our duty extends itself to those that are either public or private, and becomes theirs: It concerns every one in his particular care, but much more those in Government or Authority. In the Ship care lies upon the meanest master, but more in the Master or Pilot by reason of the addition of trust reposed by others in them; and so in the Ship of the Common-wealth, the greatest care ought to be in the Magistrates, and those in public employment to keep it from sinking or destruction: We red in very ancient Histories, this rule given them, Videant consuls & caeteri Magistratus ne quid detrimenti capiat Respublica, that Magistrates and Governours see to it, that no loss, damage, or prejudice by their neglect accrewes to the Common-wealth. And if those Histories speak truth, this was such a hold-fast to Governors to defend the Peoples Liberties, and the Common good, that if by no other means they might perform their trust, they might do it by taking up arms even against Caesar himself. The conusans of Sewers was naturally and originally in the Common Law of the Land before any Statute. And so we may find by the 10. Rep. in the Case of the Isle of Ely, and in Sir John Davyes his Irish Reports in the Case of the royal pischarie of ban, and in the Register, and in not ' Br. fol. 113. They agree, That the KING in common justice ought,( I say not by grace and favour) but in justice to issue out Commissions to regulate these defaults: And if Authorities were not in the point that the Common Law originally had conusans, the reason of Law would teach it, for it is a general rule and maxim therein, That what is destructive to the commonweal or Land, or is to the general corruption of the good life and manners of the People are offences against the Law, and punishable & remediable thereby; and this agrees with a fundamental and general rule of human laws; Omnia quae Reipublicae sunt salutaria legittima semper, & justa habentur, all things beneficial to a Common-wealth are accounted lawful and just. But, I conceive, all are well satisfied with the object-matter of our employment, and that it is complete & quadrate, in that it is a work, bonum, & justum, salus populi, securitas Reipublicae, it is just and honest, beneficial for the People, and safe for the Common-wealth. But some are not satisfied with our Authority, whereby we act and do these things: And yet they grant, that a Commission under the Great seal of ENGLAND is of that great esteem by the Law, that it is a Record, That the Commissioners therein are Judges of record; That the proceedings thereof are also matters of record, and therefore ought to be committed to writing, and not be acted by words onely, as it is in Nat: Br: in his Writ of surety of the Peace, and 8. Rep. in Doctor Bonhams case, and as appears by the book of 10 H. 7. fol. 17. And they will also grant us, that the Great seal of England is of such honour and height, that it cannot directly be( in course of pleading at Law) traversed or denied; but if you will impeach it, you must go modestly to work, as to do it by a non concessit, &c. as in Plowdens Comment, fol. 232. in the Lord Berklies case, and 6. Rep. in Edens case. And yet I say they are not satisfied with our authority, and take these three exceptions against our Commission and seal. First, that the stamp or Effigies of the seal is new. Secondly, against the hand or power by which the stamp or Effigies is made. 3. The Commission, Custod. Libertat. &c. is new in form, and dark in phrase, and not to be understood. Although it were no contemptible answer to all these exceptions, that what is just and honest for a man to do, it will never offend his conscience to perform, in case he did it without a public authority, or by an invalid authority, which is equivalent and all one with none at all, and the rather and especially it will be no offence to conscience, when as no authority appears countermanding or prohibiting him: Yet this shall not be set down by, but every particular exception shall have its visible or rational answer severally. First, the stamp or Effigies of the Great seal have been often changed, as you may see if you look no further then Speeds history, where sometimes the cross and other Effigies in several times do appear, and where their varieties are painted. The Effigies is not the virtue of the seal: But the honour and virtue of the Great seal is, because it passes all original proceedings of Justice, and is the signal or testimonial whereby they are known; As also passes all public instruments of Government and State, and it always lies at the open fountain of Justice, where the People without any stop may have it for their help and relief. And therefore it is called the Great seal of England, and not of any King or particular Person; And if so, why is it incongruous to have the whole People represented in the Effigies of their Representative, the House of Commons. Secondly, the hand or power that stamps or causes this Effigies, are such who at the beginning were in a Parliamentary way elected by the People to establish or repeal laws. Are such as have several times protested deeply with their lives and fortunes to defend the fundamental laws of the Land, and the just rights and Liberties of the People( which in reality, are the laws of the Land, being their Birthrights.) Are such, as when the Authority was so, that no question was of it, had a Grant from that Authority not to Dissolve until they would themselves; which they have not yet determined. Are such as sit in solio Justitiae, in the form, way, and council of Justice: and you know what privilege and addition Moses chair gave even to the Scribes and Pharisees, and who it was that said, hear them there. But besides all this, ever since God made all things out of nothing, and order out of confusion; every Man or Creature in this Creation by Divine precept, nature, and reason, is to banish and oppose confusion. Hence it comes, that Government itself is of Divine Right( if reason may judge) because it is the onely bank against confusion, and there is no Government without order: and God by his pattern of the little world[ Man] hath shewed more lively what the great one should be, or all Common-wealths in it: as in the body natural there are degrees in members, the head, the arms, some superior, others inferior: So it must be in the body politic of the Common-wealth, in the Governours and Members of it there must be Government by Superiority and Subordinacy: Hence it came to pass that some who were in public employment before the late changes( and who do not love to borrow other Mens eyes to see by in a business of such weight( but to see by their own so far as their light will carry them) or to follow example further then they see it agree with rule and measure) conceived it conscience to proceed in Government, considering that conscience must be grounded upon these foundations or principles; namely, Gods law or will where it is manifested or expressed, and where Gods word doth not manifest the thing, Reason upon good principles must work out conscience, and what is under or below reason, is will, pleasure, &c. and not conscience: It is no ground to say, it is my conscience, because it is; and such like fondnesses: Conscientia est infra Deum, & supra homines, it is below and liable to Gods will, but it is above Mans. I say upon these grounds, and not upon fear or flattery of times or Persons, as some have scandalously imagined: Did these Gentlemen conceive in conscience they ought not to desert Government. As also by the same reason, that one might give it over a second, a third, and so by consequence all might desert Government, and then would come that horrid and loathsome monster, Confusion; which by the law of God, of nature, of reason, they conceive themselves in duty even to the breach of their fortunes, shoulders, strengths and lives to expel. Thirdly, either the Exceptors are much mistaken, or that ancient, learned, and famous Historian, Livy, in his Second book; and that deeply studied Lawyer in Antiquities and other studies, Boden, in his Third book of his Common-wealth are falsaries and forgers; for, by them it appears, That the Tribunes amongst the old romans were called, Custod ' libertat ' Populi plebisque Romani, The Keepers of the Liberties of the People: So then the form is not new, nor is the phrase dark; for these authors have drawn the curtain, and made appear that to be a faire spacious room which was conceived a close and dark corner; And there the Honour and Authority of those Keepers of the Liberties of the People are much to be seen: And as the laws with them were the Peoples Liberties; So our laws with us are the Liberties of England, as Magna Charta calls them: And they having from time to time spent this Nation so much treasure, blows & blood to preserve them; these jewels are now fit to be kept in the bosom and strong-hold of a Parliament and People, or be lodged where they may trust them. And now Gentlemen, if the thing be just, and the Authority valid, we ought to assume the trust upon us relating to Law and Government, and the sacred bonds of our oaths, we must perform it with sincerity and faithfulness, and with wisdom and circumspection in the matter, and with diligence in the manner of our proceedings; wisdom is to foresee errors and evils before they be committed, or if once committed suddenly to amend them; diligence hath reference to the Body & mind: In the Mind, it is study and meditation; in the Body, it is labour and action; Diligence zealously and affectedly pursues its ends and aims: And wisdom foresees and removes all lets and hindrances. If wisdom hath not strength to see the rocks and gulfs of anger, fear, favour, private ends, flattery, bribes, and such like, and to remove them; diligence will soon be blocked up, besieged, and straightened, so wisdom and diligence are good Concomitants, and are well matched together, and yet in degree and order the one superior, the other subordinate. It is a fiction, but taken up by the Philosophers, that the goddesse wisdom was the chief of the council of the gods; and that Fortune envying the others glory and honour, did attribute that to her lot, which was gained by the others providence; whereat the gods were so angry, that they ever after cast that rash, giddy and wanton goddesse, Fortune, out of their councils; signifying unto us, that in weighty matters we must be serious and knowing, and not put things rashly to lot or hazard. And now seeing the thing is just, the authority valid, and the trust assumed, it is fit some of the particulars of our work should be laid open and unfolded, wherewith these are all clothed: I shall put you in mind, that England, as geographical Historians say, is a complete iceland in all parts but towards Scotland; and therefore this our Commission of Sewers very requisite, and the statutes upon which this Commission is grounded, are liberally and beneficially to be expounded, for the furtherance of the work, pro bono publico, and are of large extent reaching to persons, actions, and things, viz. To persons who they be that are to be punished, or relieved. 2. To actions, what must be done for the suddenest, and best amendment, and in what manner by timber, &c. Carts, Horses, &c. 3. To things either to those of offence, or those of defence. All that are annoyances, lets, offences, impediments in themselves are to be suppressed, as streams, mills, Bridges, pounds, Fish-garthes, Mil-dams, Hebbingweres, Hecks, and Flood-gates: And all those that are helps, or defences, are to be nourished, and maintained, as Walls, banks, Ditches, Gutters, showers, Goates, Calcies, Bridges, &c. I shall not lay open particulars any further, the Commission is much expressing in itself. I desire your care and consideration of what you know: and as you shall find these particulars, or any others necessary in this business present them. I  told you at first, I should not recount all the particulars of your charge presuming on your knowledge and experience: And so without further expense of your time, I leave you to your work.   
FINIS.