Every Man's Case, OR, Lawyers Routed. In seven Treatises, the Titles whereof you may find in the ensuing page. O ye Sons of men, how long will you turn my glory into shame; how long will you love vanities, and seek after leasing. Selah. Psal. 4.2. Thou shalt destroy them that speak leasing. The Lord will abhor bloody and deceitful men. Psal. 5.6. Their mouth is an open sepulchre, they flatter with their tongue. Destroy them, O God, let them fall by their own Counsel. Cast them out in the multitude of their transgressions, for they have Rebelled against thee: But let those that trust in thee rejoice; For thou Lord wilt bless the righteous, with favour wilt thou compass him as with a shield. Written by John Jones, Gentl prisoner in the Fleet. LONDON. Printed, and are to be sold at the Cock in Paul's Churchyard 1652. SEVEN TREATISES IN Reference to the Reforming of the Law and Lawyers. 1. Every man's case, or Lawyers Routed. 2. The Judges Judged out of their own mouths. 3. Eight observable points of Law, fit to be known by every Justice of Peace. 4. The authority of a Justice of Peace. 5. The new Returna Brevium; or the Law returned from Westminster: to which is added the Petition of Right granted by King Charles the first. 6. Jurors, Judges both of Law and Fact. 7. Theery of blood; or a true answer to those 13 false Reasons of the Filicers, Attorneys, etc. for the maintenance of Capias, and Arrest of men's bodies for Debt. TO HIS EXCELLENCY OL. CROMWELL, Lord General of the Army of the Commonwealth of England. The Humble Petition of John Jones Gent. and others. Showing, THat whereas your Petitioner Jones, and another were committed and kept prisoners in the Fleet by the Barons of the exchequer, for executing Commissions under the Seal of that Court, and Teste of the Lord Wild for the discovering of divers lands in divers Counties forefeited to the Commonwealth, and concealed from them: Which your Petitioners have sound out by the Oaths of lawful men, and returned as they were commanded, some of them to the said Court upon the expirations of their Commissions. And have another unexpired with the Inquisitions thereupon made & found in their hands, which Commissions and Inquisitions that were filled, the said Barons having notice by the Lawyers hired to attend them by the Concealers of the said Lands, that the Petitioner Jones wrote the book called Judges judged out of their own mouths, and other books which he dedicated to your honour and your Army, against corrupt Lawyers and their unlawful practices, for their own unconscionable gains and extortions contrary to all Law, Justice and Equity, & in subversion thereof, In their malignity to Jones, looked upon their own Commissions as erroneous and unwarrantable by Law (though presidented by learned and Judicious Lawyers in former ages) which precedents, the now Barons and Lawyers disregarding for the respect aforesaid, have ordered all the said Commissions to be suppressed and no more such to issue. And those that were together with the said Inquisitions thereupon to be vacated, to the damage of the Commonwealth found & to be fined 100000. The legality of which proceed is a matter of great concernment decidable by Law, wherein (if the Barons have erred in their Commissions, and Commands) The Commissioners that did but execute the same, ought not to be inprisoned and condemned by such Barons, nor the Commonwealths Interest be determined or waved by them, without Consent of Parliament and decision of the law upon the matter at large, being too much mischief to be committed or suffered to be done to the Commonwealth in the general, your Petitioners in particular, and to the Law itself by such dunstable Barons, as dare assume the chair of Judicature, upon the strength of their late unreasonable Statute for their excuse by way of misprision. Which is as much to say they may do what they lift under the name of mistake. And so they may mistake not only the Law of England, but also the Law of God in both Testaments. In all which it is an Infallible Scripture, Ignorance is no Plea. The premises tenderly considered, may it please your honours to mediate to the house that the committee for the Regulating of the Law be impowered to examine the Petitioner Jones and all his proceed, and the legality thereof, according to the ancient practice of the fundamental Law of England; and also the illegallity and present practice of the now Judges and Lawyers, contrary to the former, and to certify their opinions therein to the house for Reformation to be had as to Law shall appertain. And that none of the Judges or processed Lawyers, who have declared themselves, your Petitioner. Jones his adversaries, be admitted to be his Judges, though members of the house, or of the Committee aforesaid. And that the Warden of the fleet be required to Enlarge your Petitioner Jones upon Reasonable bail to attend the said Committee, and the house, until his cause be determined. And that the Barons be Commanded forthwith to restore the said Commissions and Inquisitions to the file, which they have ordered to be taken off. And to issue more such Commissions to any that shall require them in the behalf of the Commonwealth. And that the Commission & inquisitions remaining in the Petitioners hands be returned to the said Committee to be determined accordingly. And your Petitioner Jones shall pray, etc. Dedicated to the Commonwealth in general with this short epistle, As the voice of the people is said to be the voice of God, let the glory of God be the voice and vote of his people. Amen yours john Jones. The case is. THat Right once so known aught to be so continued and maintained to the Right heir by the supreme magistrate, who is the Immediate vicegerent of God the Father, Protector of Right and truth, and hater of deceits, and falsities, nay is all and always himself nothing but Truth, Right, Justice, Love, Mercy, and Equity, unchangeable, everlasting, whose viceroys therefore ought not to carry his sword in vain, but defend Right, and cut off wrong at all times, all opposers and oppositions to the contrary notwithstanding: And to restore and Revive right, if suppressed or mortified by any force or fraud: how or how long soever any false laws, made by false Lawyers, contrary to the laws of God and Nature, and to the great Charter of England notwithstanding, proved by principles of Divinity, maxims of Law, And axioms of Philosophy as followeth. God is almighty Gen. 17.1. yet cannot lie Heb. 6.18. Lawyer's can bend their tongue like a bow to speak lies Jer. 39.5. (In every court it Westminster nothing more common, especially Chancery) They have made their statutes of champertite to deter all men but themselves to take any part of poor men's Rights, to recover the rest from their oppressors, that forcibly and fraudulently detain all from them: their statutes of Fines and Recoveries to Establish the Right of the oppressed in the oppressor, their statute of Limitation to continue that wrong for ever, that cannot be righted within such a time as to their gain by both parties: They spin out with delays in Law, and make the right that it can be but Remediless by their Law for ever. Their Statutes to imprison men for debt, and make all bankrupts to enrich themselves, and many more, which I shall not here speak of in particular, but wish them for all their Inventions in general, to hear the word of the Lord, saying, ye scornful men that Rule his people, because ye have said we have made a Covenant with death, and with hell are we at agreement. When all the overflowing scourge shall pass through, It shall not come unto us, for we have made lies our Refuge, and under falsehood have we hid ourselves; Isa: 28.15. Therefore thus saith the Lord, I lay in Zion, for a foundation, a stone etc. Judgement also will I lay to the line, and Rightcousness to the plumber, and the hail shall sweep away the Refuge of lies etc. And your Covenant with death shall be disannulled etc. When the overflowing scourge shall Pass through, than ye shall be trodden down by it vers. 16.17.18. God is everlasting Deut. 33.27. Immutable in his promise and divine Counsel Heb. 6.18. his truth endureth to all generations Psal. 100.5.117.2.146.6. But the Viperous generation of Lawyers confine and limit it by their Statutes, that it shall by their consents endure no longer, nor reach further than they please. The lip of truth shall be established for ever. Prov. 12.16. But Lawyer's lips and labour run counter. Buy the truth and sell it not Prov. 23.23. But Lawyers sell the Law which in itself is truth, and buy self titles. And purchase to themselves great Revenues without Right Psal. 19.8. God is a god of truth Psal. 31.5. Isa. 65.16. Jer. 10.16. 2. Cor. 1.18. And Commandeth his children not to lie one to another, Levit 19.11. Col. 3.9. And a Righteous man hateth lying Prov. 33.5. The devil is the father of lies and liets Jo. 8.44. He that speaketh lies shall not escape Prov. 19.5. but shall perish: vers. 9 If a Ruler hearken to lies, all his servants are wicked: Prov 29.12. our Lawyer's love lying and make their live thereof. Whose sons and servants they be, I leave to the Judgement of God and his Saints. God is a God of peace, yea even the everlasting Father and Prince of peace, of the Increase of his government and peace, there shall be no end, upon the throne of David and upon his kingdom to order it and to establish it with Judgement, and with Justice, from henceforth even for ever. The zeal of the Lord of hosts will perform this Isa. 9.6.7. Now my Lord General, and all you valiant and incomparable Commanders, officers & soldiers of the host of God, raised and continued by God's providence for the Reformation, as well as preservation of this our English, Israel, digest these promises of the Lord of hosts into your hearts, Act them with your hands, confide in his zeal who telleth you he will perform, & sear not the vain threats of Babbling lying Lawyers, who out of the confusion which they find in their Consciences, since they are uncased of their Canting pedlars french, have lately and frequently menaced you behind your backs, that if you should offer to ungown them, they would unsword you: yet persuade you to your faces that their said Statutes and the like were by their predecessors devised, and are by them maintained for preservation of peace. Consider what peace it is thatestablisheth wrong instead of Right deceit & falsehood instead of Truth and Righteousness. Is it a peace for any but themselves and their Adherents, to withhold heir wrongful possessions from the Right heirs and owners. Doth not the Lord tell you and them, there is no peace to the wicked? Isa. 48.22. And Moses forbidden you to seek their peace, Deut. 23.6. Have not you a further promise of God which concerneth not them, saying, the Lord will bless his people with peace Psal. 29.11. Not Scribes and Pharises, the chief Lawyers in Christ's time, who denounced eight woes against them. Matth. 27. Luke. 11. And not such peace as can be separated from Righteousness, for saith the Royal Prophet, Righteousness and peace have kissed each other Psal. 85.10. Believe them nor therefore that have healed the daughter of my people slightly, saying peace, peace, when there is no peace. Were they ashamed when they committed abt homination, nay they were not a all ashamed, neither could they blush, Therefore they shall fall amongst them, that fall at the time that I visit them. They shall be cast down saith the Lord Jer. 6.14.15. God is a God of Love, and commandeth each child of his, thou shalt love thy neighbours as thyself, Levit 19.18. Matth. 5.43. Mark. 12.31. were Lawyer's God's children, and loved their neighbours as themselves, how could they cheat them as they do, and possess themselves and their brood by force, fraud and deceit of all they can of their neighbour's rights, and by such means make themselves so potent and numerous a generation, as they are in this land. Yet if thou shalt say in thy heart These nations are more than I, how can I dispossess them. Thou shalt not be afraid of them: But shalt well remember what the Lord thy God did to Pharaoh, and unto all Egypt Jer. 7.14.15. Thou shalt love the Lord thy God, and keep his charge and his Statutes, and his Judgements and his Commandments always. And know you this day, for I speak not with you children, that have not known and which have not seen the Chastisements of the Lord your God, his mighty hand and stretchedout Arm, and his miracles etc. Deut 11.1.2.3. Oh love ye the Lord all his Saints, because he hath set his love upon you. Therefore will he deliver you Psal 91.14. But favour no oppressor, and know that in a magistrate to spare them is to help them: Which who doth, let him hear what the Son of a Prophet asks such a magistrate, and Answers himself. Shouldst thou help the ungodly, and love them that hate the Lord: Therefore is a wrath upon thee from before the Lord 2. Chron. 19.2. And learn of a Prophet these ensuing Characters of the ungodly. Who hate the good and love the evil, who pluck their skins from off them, and their flesh from their bones, and chop them in pieces as for the pot, and as flesh within the Cauldron (who when they shall be visited) Then shall they cry unto the Lord, but he will not hear them, he will even hid his face from them at that time as they have behaved themselves in their do, Thus saith the Lord concerning the Prophets that make (his) people err, that by't with their teeth and cry Peace Micah 3.2.3.4.5. More principles of divinity could I allege for this purpose, might I think these Joined with all our experiences should not suffice to delcribe our Westminster Lawyers, in their own kinds and colours, but believieng thus much will serve for this time, I shall apply myself to the Maxims of the Law of England, which I find conducing to the same end as followeth. First Right cannot die saith Littleton, Sect 479. And Cook upon the place fol 279. Yea, although the disseised should Release his Right to the disseisee, or turn Tenant, It is inconvenient that the Right should die, but live Recoverable in and to his heir. Which if true (as all Maxims are or aught to be) How can our Recent and present Judges and Lawyers, that murder this everlasting Right with their Statutes of Fines, Limitations, etc. maintain their predecessors Inventions against the Law of God, the great Charter, and this Maxim, without appearing manifest subverters of the Law of England, which Doctor & Student affirmeth, and the mirror of Justice proveth punctually by Analysis. And these men themselves sometimes brag of to be derived from, and grounded upon the Laws of God, and nature, According to the Advise of Eleutherius the 3. to King Lucius recorded by Mr Fox & others, and consequently Traitors to the Law and Commonwealth, whose estates Real and Personal-ought to be confiscated to the use of the Commonwealth, from which they filched them (as I have proved to be their own censures in my treatise called Judges judged out of their own mouths) And their costly Carrion Carcases, fit to be hanged as 44. of their predecessors were in one year in King alfred's time, as witness the mirror page 239. 240. 241. 242. 243. etc. Secondly it is a Maxim of Plouden in his Commentaries upon the Law of England, Resolved in the Earl of Lesters Case. That all humane Laws made contrary, or not consentaneous to the Laws of God and nature, although by Acts of Parliament, are void, and need no Repeal to vacate them: Which if true, how can our filicers maintain their blasphemous Reasons Printed, and published under their hands, and Continue their extortions. And how can the Judges and pleaders of the Law, Countenance or suffer them and their prothonotaries, and the Rest of their ministers, to continue their said extortions, and increase them more than ever before? And do the same themselves without incurring the penalties aforesaid. Thirdly it is a positive Maxim of Law declared in the great Charter cap 29. That no freeman of England shall be disseised of his Inheritance or birthright, without the Judgement of his peers and vicine neighbours. Which if so, how can any disseisor disseise or dispossess any freeman of England of his inheritance or birthright by force or fraud? Or how can any Judge or pleader of the Law countenance, or maintain, or suffer such disseises unrestored by them to the right heirs without incurring like penalties as aforesaid. Fourthly it is another Maxim declared in the said Charter cap. 11. and approved by the mirror page. 234. That no Common Pleas shall follow the upper bench (which if true) how can the Judges of the upper bench by Law Commit men for debt, which is a Common Plea? That hath no Relation to felony, trespass upon the case, trespass vi et armis, or any trespass at all, to their marshalsey, or any bailiff arrest them, or any Jailer Receive & detain them, upon bills of Middlesex, and Latitates (which expressly run for Trespass) and famish them to death (an Incomparable false Imprisonment and murder) in the name of Law and Custom because long practised, not only without any colour of Law, but expressly against it without incurring like penalty as aforesaid. Fifthly it is a chief Maxim of the Law of England, that the Law itself is and aught to be the only Right, full, and sufficient, Rule of all Judges and Lawyers, by which they ought to be ruled, and not offer or presume to overrule their Rule, which if they could but rightly understand (saith Cook upon Magna Charta) would never suffer them to err; had Baron Tomlius understood this Rule, he had not tumbled himself upon his tellclock seat as he did to convey the poor opinion of a prattling Barrister, which stood on his left hand to another Baron that sat on his Right, to hasten my Commitment to the fleet, in respect of my books, not my cause or had his fellow Barons known how unlawful it is that I should be examined upon interrogatories, by or before such Judges as declared themselves my adversaries in their open Court. Or how little I care for their malice, I believe they would not have been so hasty to commit me as they were, but shall Judges and Lawyers, that profess knowledge in Law, subvert it when they please, by pleading misprision, that is to say mistake. And their late Statutes made for that purpose, and alleging, that if they should be hanged, none would be Judges after them. Did King Alfred find it so, did not a heathen King make the Son sit Judge over a cushion, which he had caused to be made of his father's skin, His Predecessor Judge in the same place, to mind him, that if he would violate the Law as his father did, he would serve him alike? doth not our Law compel men to be Shreiffs and Constables etc. If they Refuse being chosen? And do not we find such Refusers, when they are sworn officers, fittter and honester men than offerers. Are not I gnorant intruders without either choice or approbation of their Countries, worthiest to be hanged of all Interlopers, for taking & keeping places of Judicatures from more knowing Justicers; Baron Thorpe insisted much in Court upon the statutes of misprision, whereof a Judge of his name could make no use to save his hanging, nor did his hanging deter the Baron to become a Judge, & an over-ruler of the exchequer Court, though not half so knowing a Justicer as his name's sake, or Wild his foreman. Who is so Just as to detain 500 l. Land a year from the Right heir, without any good title (as is Reported) And therefore thought it Just to wayve and damane his own Commission to Inquire for such things, and punish me for the excuting of it. To conclude this point, were all prevaricating Lawyers hanged, honester men would be found for their places. And have they not incurred the said penalty by this Maxim. Sixthly, it is a Maxim of truth and common reason, chief grounds of our Common-Law, That force, sraud and deceit are the greatest opposites and enemies to all Just Laws. And that all Just Laws are or aught to be sufficiently powerful to subdue and supplant them. And that therefore it is that the sword is put into the Magistrate's hand not to hold in vain. And wisdom put in his head to discern and prevent, or punish frauds and deceits more dangerous than force, because more clandestinely acted, & under colour of Law, while force thrusteth itself to sight, and defies Justice to her face, chance what will. This is Justice Northyes Resolution, the other Bailiff, and Willmot. But do not all such Judges, as prefer wrong before Right, and falsehood before truth, Incur the said penalty. Seventhly, it is a Maxim of Reason, that all nations are or aught to be governed by Just Laws. And that their supreme Magistrates should want no Power or means to execute their Laws, so that their Subjects should have Right at all times without delay or partiality, or more cost than the cure is worth. And thus much was agreed upon between the King's people of England, in and by the great Charter cap 29. And is not the great Charter confirmed by above 33 Parliaments, corroborated upon the Petition of Right Tertio Caroli, and Ratified by this Parliament, which if it be so, how can it be said that any Statutes made contrary to the Law of God and nature, and the great Charter, shall stand up against them, although not expressly Repealed. Or how can they be alleged to bind the supreme Magistrates, that are sworn to do and maintain Right and Justice to all men, at all times, in all places of the land by their proper subordinate's in every County from so doing, but by traitors to God and the Commonwealth? or how can the Judges at Westminster confine and contract all the Law of England in and to Westminster, and into 4 terms yearly to be only determined by them, that surcharged with multiplicity & abundance, end not a Rich cause in 7 years, nor a poor man's while he lives. And when they seem to finish a cause or decree or Judgement, it is more to their gain than their necks are worth, and cost to their Judicated than their causes are worth, (nor do they commonly finish any cause at any time, but leave it upon a quillet, whereupon to revive it at their pleasures without their incurring like penalties as aforesaid. Eightly, and lastly, It is a common Maxim, not only of common reason, but also of the express Law of England. That by the Law of the Land no man is bound to accuse himself; If so, what meaneth the Jesuitical Spanish Inquisition, Introduced to the Exchequer and Chancery of England to interrogate men against themselves, and imprison them until (to attain their liberties) many faint-hearts are forced to perjure themselves, to accuse themfelves of things whereof they are guiltless. That Judges and Lawyers and their Imps may beget causes to extort Fees as well by Innocent men's forced Oaths against themselves, as by their own wilful and malicious perjuries against all men but themselves. Whereby contrary to Saint Paul's Doctrine, that an Oath for confirmation is unto men an end of all strife, Heb. 6.15. Lawyers make it a beginning, and contrary to God's commandment, saying, love no false Oath, Zachar. 8.17. Lawyer's love to force, procure, and multiply them. And shall they not incur the said penalty by this Maxim? So much for Law Maxims for this occasion at this time, to conclude with Axioms of Philosophy conducing to this matter. Health is the greatest happiness man can desire. Sphinx Theologica Philosophica de Medicina, pag. 539. It is two fold, that is to say, first of the Soul, for which Christ is the only Physician, who to ease man of his sin, the chief cause of all diseases, both Ghostly and humane, took upon himself, that had none, all the sins of the World. And died to redeem all penitents from eternal death, the due punishment for sin. The second is of the body, for which the best man Physician called by God to that vocation, and gifted accordingly, is to be honoured before many, because by his faculty with God's assistance the Corporal afflictions of many are restored to sound health, the agony of others qualified; And which is most of all worthy consideration, stays the Souls of many in the prisons of their bodies (by God's Providence) until longer and seasonable times of Repentance & amendment of their lives. And these are the gifts of God, and endeavours of good Physicians. Contrariwise our Judges and Lawyers, and their monstrous many headed whelps requite their patiented profitablest clients with, not only sickness both of souls & bodies, but also the death of both, so far as in their power lieth, as is proved by woeful experience thus. Debtors, not able to pay their debts, are committed for their debts upon capiases, Latitates, and outlaries for trespass, by the Judges of the upper bench, being no Judges in that case, to their marshallsie; become there sickened in their minds and souls upon such their commitments, considering there is no Law to Warrant such do, but the wilful Customs and practice of the said supposed Judges, to murder men in and under the name of their Law, for their own gain and superfluities, worse than high-way-men that act manfully to relieve their wants. By the name and Custom of Lawless necessity, for which, if convicted of the fact, they submit to the Law, which Lawyers would defeat by calling their facts misprisions, which in effect are prizes less lawful than Robbers, and more abusefull to the Law and Commonwealth, because committed under colour of Law and Justice. Further the sickness of the minds and souls imprisoned, is aggravated with the consideration of the wants, and miseries which their wives, children and families (that were wont to be sustained by their liberty to care and provide for them) must endure by their Captivity, their bodies and their families participating of these and more griefs of their souls. But more sensible of their hunger and thirst, cold, and nakedness when they have sold even their apparel as well for night as day, to pay their Goalors and their master's extortions; and prolong their own miseries so far as their abilities last. And the cruelty of their Gaolers (when they fail to bribe them) in crowding them in dungeons where they must infect on another, with a necessitated Contagion caused by their Gaolers' covetousness, to gain by hiring all the Rooms and liberties of the prison, ordained by Law to lawful prisoners, to cheators, voluntary prisoners, & wilful assumers of the denomination of prisoners, to defeat their Creditors of their Rights by which they live Riotously upon their Creditors charge, & their Creditors perish for want of their own. Judges, Lawyers, Gaolers live, & flourish by the ruin of them both, granting liberties to all such said cheatours, contrary to all Law, to walk and take their pleasures as they list, some throughout England, and others to the East and West-Indies. And thereby feasting their bodies and their Imps upon the fast of their finders, and thriving in their wickedness till God rebuke them. The Warden of the Fleet I find by Law is no Gaoler within the Statute of H. 6. And by experience a Gentleman merciful and affable to the poor, satiable and unburthensom to the Rich, compassionate, and comfortable to all his prisoners, so that (by God's providence and his clemency,) he and we live wholesome in our bodies, and cheerful in our hopes. I writ not this digression in flattery; but in duty to declare truth as I find it. So returning to my tenet, it is the sickness and death of the Souls and bodies of all their Clients and their Families, (except those of their Consorts) that the Art of our modern Lawyers practiseth upon, And if perchance they ease a Rich client of some part of his pain for their own extraordinary gain (except their deed be taken for their will) they shall hardly obtain heaven by their merit. These are the instigations of the Devil, & endeavours of bad Lawyers. It is the health of their patient's souls and bodies that the art of Physicians worketh upon. And although some Medicasters', that have not the art, Intrude into the profession, and kill more than they cure for want of skill, not good will, their will being taken for their deed pleads more in mercy than Lawyer's misprisions. It is an Axiom which Theodectes a famous Philosopher, Cited by Stobaeus in his 66. Sermon, That all men endowed with natural abilities desire 2 things before they have them, which many when they have them, desire to be rid of. That is to say old age and wives. Cicero upon Cato Major maintaineth the same in effect. The causes of these 2 desires are twofould. That is to say in good men for divine ends, In bad men for their worldly pleasures, Their summum bonum, beyond which they have neither hopes nor desires: But for the desires of good men to be old men, Ambrose Hex lib 1. saith, that although old age, in most men, is most subject to corporal Infirmities, It sooner endeth the miseries of this life, and openeth the gates to a happier. In good manners it is most decent, In Counsel most subtle, in constancy to embrace death most stable, in Repressing lusts most strong, and finally the Infirmity of the body, is the sobriety of the mind. In bad men their desire of old age is to prolong their earthly pleasures in their enjoyment of other men's Rights, which they possess by force, or fraud or both, and famishing the Right heirs in dungeons, while they pamper their own bodies and their Imps in their sumptuos Palaces, built upon their prisoners Inheritances. Living in which Condition we may observe them in their health secure, in their sickness timorous, and Commonly distracted, in their deaths desperate, in manners riotous, in counsel wicked, in lusts insatiable, finally the strength of their body is the madness of their minds. And are not these the true Characters of our Lawyers and their adherents. To the next point, good men love to meet with good Wives, like Isaac and Rebecca, to be their Consorts, Comforts and helpers in goodness, to propagate Saints as well by their examples of life and Conversation, as by their natural endowments to accomplish the end of their Creations, that is to say, to fulfil the number of the elect, to inherit the Kingdom of Heaven by the merits of their Saviour. And in the time of their pilgrimage, and way thither, to endeavour the Increase of the glory of God, and the Peace, Love, and Unity, of his people in this world. Bad men desire wealthy wanton mercenary Wives, to be their Companions and helpers in mischiefs, as Isabel was Ahabs. To incarnatè and multiply Devils as well by their examples of life and Conversation, as by their natural endowments to accomplish the end of their miscreancie. Briefly to cooperate with them in all endeavours to increase the delusions and dominion of the Devil, and the sedition, hatred and enmity of this world. So that at last they must as brothers in Iniquity, with Antichrist, become possessed of hell, where there is endless sorrow and gnashing of teeth, a place provided for them before the world began, from which God deliver us: But are not these also true characters of our Lawyers? Popes, that have thought themselves as omnipotent as Common Lawyers, never offered to divorce men from their Wives, but where they Judged the marriage unlawful for some Reason, or pretence of Reason in their Laws. But our Lawyers and their Goalors &c by fetching men from the Remotest parts of England to Westminster, and Committing and detaining of them for debts, or most commonly for supposed debts or trespasses without any colour of Law, while their adversaries (most frequently Lawyers Attorneys) etc. Insinuate, solicit, and at last, by their diligence, lies, false messages from their husbands, and other diabolical practices, overcome their feminine frailties, and make them their Whores, get their consents to possess themselves of all their husband's estates, real and personal, consume part of the personal to feast their Whores at the lower end of their tables, where their own Wives sit at the upper, and their families between. While they contrive Conveyances with fines and proclamations to assure their prisoners Real estates to themselves and their heirs, to which their bewitched Whores give way, and their Imprisoned husbands never hear of the matter till too late to be remedied by our Lawyers Law. Is not this more and worse than a popish device: Others they fetch from nearer parts Prisoners to their Marshallseas, suffer their Wives to board and bed with them until they have sold beds and all, and then failing to satisfy extortions, their husbands are dungened and their Wives cast & kept out in the street, except yielding to the lust of a turn-key, such as he liketh, be let in to serve his turn and after turned again to the rest in the street, where often they and their children starve, not daring when they find any scraps to aneer their husbands and parents, to relieve them with any till all be starved. In streets and dungeons Husbands Wives and Children. Creditors look after your debts, what might have paid you part, if nor all in time, had you taken a lawful Course, Gaolers and their partners have parted in fees, usurer die with grief, not for the loss of thy debtors but the debt and boast of thy Revenge, thou hast dice of his bones. Is not this more and worse than the Pope's divorce, yet more and worse than this, Judges and Gaolers do in diverting and restraining the Saints of God from his service, and hearing of his word preached, by which faith cometh and is maintained, so far as in them lieth, except when in malice to some Orthodox minister, not love to the prisoners they cast him amongst them, not to the end to better them, but to worse himself. The premises considered, Let all men assure themselves, God hath a greater quarrel with this Nation than can be appeased till the land be cleared of such achan's. Parliament spew them out, Army drag them out, to quarter them is freer for thee than any free quarter in the Country. Because their wealth, filched from the Commonwealth, aught to be restored to it, and to thee first that best deservest thy share therein Read the Histories of England, and find Lawyers the causes of all our Civil Wars in all ages, observe what success we have at this present by employing men of that profession to mediate with foreigners for Peace, and so soldiers look to your own, and far well upon your own, which the Law maketh and will maintain to be your own as shall be made good to his death, by your faithful and loving friend john Jones. The General Case concerning the relief of right Heirs, dispossessed of their Estates by force and fraud THat Right once known so to be by Records, or other sufficient testimonies, aught to be so continued and maintained by the Supreme Authority, appeareth by the writ of Right both patent and close, both in the Register and Fitz-herberts' Natura Brevium declared at large, commanding inferior Magistrates to hold right in its right place against all deforcement committed by force or fraud, and that without delay, and so righteously and fully, Ne amplius inde clamorem audiamus. 2. That as what is right, is just, & what is just, is right; So the Supreme power is bound to maintain both, without denial, delay, or corruption, appeareth by the great Charter, which saith, we shall deny, delay, or sell Justice to no man. 3. That not to do right and maintain it, is in a Magistrate, to do wrong and maintain it, is a Principle of common reason, which is one of the chief grounds of all humane Laws. 4. That all Supreme Magistrates, are or aught to be bound by Oath to maintain right and truth against force and fraud, to all their Inferiors; and both to restore and defend the oppressed, and punish the Oppressor, appeareth by the Oaths of Kings, and late Covenants and Votes of this Parliament, the performance and practice whereof, is all that aught to be wished by any wronged person. 5. That by virtue of such Orths, Votes, and Covenants, & the Authority upon that Trust settled in the Supreme Magistrate, he becometh interessed in all men's Rights; so that when they are wronged, the Party grieved aught to sue for redress, as well for the State, as for himself, as appeareth by the Writ of Deceit and discourse thereupon in Fits. Herbert; Natura Brevium, and the Register, and Rastall and Cooks. Books of Entires at large. 6. The Sepream Magistrate being so invested in the right of the oppressed, cannot be disinvested, disseised, expulsed, or outed of that Right by any inferior, having the posse or Power, not only of the County, but also of the Law and Commonwealth, to right and restore the Party expulsed to that Right remaining in the Eye of the Law fixed in the Magistrate; so that it can be said to be but intruded upon, and wrongfully detained from him, and not disseised or expulsed, and the Party grieved and expulsed of his right of possession, hath a right of Inheritance by descent, as appeareth by Inquisitions upon post mortem, where the Party grieved is found Heir to his Father or Cousin; and said, that the Inheritance of right, is descended and come Prout Lex postulat to him, and the Writ of Right determineth as well the right of Inheritance, as the right of possession, as appeareth by the judgements thereupon related by both Rastall and Cooks Books of Entries at large. 7. That the late Statutes for Champerty, Fines, and Limitations, reach not to the Supreme Magistrate, that is sworn to restore and maintainright, without any respect of time, person, or condition, appeareth rational and necessary in construction of Law, to save his Oath. 8. That they are void Laws, appeareth by three Reasons, ratified by sound and approved Lawyers: First, for that they are contrary to the Law of God, which admitteth of no time or means to bar or keep a man from his Right, but his own Decree upon the merit of the Party interressed; as the Captivity of the Israelites in Babylon & Egypt for seasons; or the consent of the Party to divest himself of his Right by slighting it; as Esau sold his Birtht right for a mess of Pottage: Secondly, for that they are against the great Charter which alloweth of no Disseision or Possession gained thereby: Thirdy, for that, where Deceits are the Grounds of Fines, those Deceits found and proved, shake off all Buildings raised thereupon, as appeareth by the proceeding usual upon that Writ in the Books of Entries and Terms of the Law. 9 That Parties grieved have used to entitle the Supreme Power for the time being to their Rights of Inheritance, by Gifts, Grants, and Forfeitures, upon Conditions not performed, whereby to overpower those that overpowered them appeareth by several Precedents extant. 10. That the Exchequer, is the proper Court for the intituling of the Supreme Power to such rights, appeareth by the Great Charter, which established it several Ages before the Chancery came to being: and the practice there was never discontinued, as appeareth by Commissions granted to inquire, and Inquisitions returned there, and Proceed had thereupon in all ages. 11. That the Supreme Power being entitled, ought not to be suspended or Wayved without his consent, is to be considered. 12. That an attachment before summons, is an unlawful Process, especially against such, as offer to appear gratis, appeareth more hasty, than wise in the Procurers. The premises considered, and the Weight thereof being matter of Law, and the prosit tending to the enabling of the Parliament to pay their debts, and disoharge their Trusts to the Commonwealth, and the opposition made in this case, being but by such as have gained the Estate, and Right of the Commonwealth to their own particular possession by fraud or force, and further gained Acts of Parliament contrary to the Law of God, and the great Charter, to settle them in other men's Rights, under pretence of a peaceable way, contrary to the Scripture, No Peace to the wicked, let all honest and right Christians deliberately ponder the matter, and aid the Truth in what they may, so craveth the wellwisher of all such, john Jones.