JURORS JUDGES OF LAW and FACT: Or, certain Observations of certain differences in points of Law between a certain reverend Judge, called Andr. Horn, and an uncertain Author of a certain Paper, printed by one Francis Neale this year 1650. styled, A Letter of due Censure and Redargution to Lievt. Col. JOHN LILBURN, touching his Trial at Guild-Hall, London, in Octob. 1649. subscribed H. P.  
Written by JOHN JONES, Gent.  
Not for any vindication of Mr. Lilburn against any injury which the said Author doth him, who can best vindicate himself by due court of Law; if not rather leave it to God whose right it is to revenge the wrongs of his servants.  
Nor of myself, but of what I have written much contrary to the Tenants of this Letter; and for the Confirmation of the free People of England, that regard their liberty, property, and birthright, to believe and stand to the truth that I have written, so far as they shall find it ratified by the laws of God and this Land; And to beware of Flatterers that endeavour to seduce them under colour of good counsel, to betray their Freedoms to perpetual slavery.  
Hostis vera dicens amico ad gratiam simulanti omnino perponendus est: An Enemy speaking truth, is to be always preferred before a flattering Friend.  
London, Printed by W. D. for T. B. & G. M. at the three Bibles in Paul's churchyard, near the west end   

To the POLITIQUE BODY, And Unanimous Fraternity of the ARMY of ENGLAND; Officers and Soldiers, jointly and severally.  
Honoured and Honourable: Commanders and Commanded: Wise and Prudent: Grave and Valiant: Seniors and Juniors: Soldiers all: Unknown to most, Cherished by some, engaged to many; I presume to write to you all, concerning what most concerneth us all: To Honour God: To love his Children: and hate, and quell his enemies, are his own Commandments: And although the two first be the greatest, yet is the third none of the least duties required of us all, as appeareth by that account given by David saying, Psal. 139.21. & 22. Vers. speaking to God, Do not I hate them that hate thee? And am not I grieved with those that rise up against thee? I hate them with a perfect hatred, and count them my enemies. And the affliction of Saul for sparing Agag, was a full example to us in that case. Nay, an Heathen could tell Charislaus King of Sparta, he did not his office when he forbore to punish dishonest men. I confess, you have fought a good Fight, and declared your selus constant workers in the way of our Reformation, in our Land of Promise: promised by many, performed by none, endeavoured by too few. And I also acknowledge that you are now upon service conducing in order to secure & maintain the model to be perfected in time, from which expedition I desire not to divert you, (as I have written formerly to his Excellency the Lord General) but to give you to understand you have left behind you more pestiferous, dangerous, obnoxious, manifest, sedulous, and constant enemies to God, your Country, your selus, and us all, than you have or can have, before you, unless that for sparing those at home unpunished, as you might before you went, God will raise afflictions against you abroad, to make you mind your error before you return; And let you know Achan and his Wedg must be discovered, and he and his Family punished at home, before you can expect prosperity abroad, for it is usual with God to send foreign Correctors to punish the Magistrates of his People that neglect the punishment of their domestic wickedness. Many were our achan's, even most of our Lawyers and Judges, that in the late King's time Sacrilegiously, and daily by secret briberies, and open extortions, exhausted the treasure of the people, even the whole estates, real and personal, of many thousands of the freemen of England, consecrated to the said freemen, and established upon them even by God himself, and his then Viceroy's, and the great Charter of England, attesting their agreement thereupon. And this to be done (saith the Lord Cook sometimes Chief-Justice) under the Colour of Justice, is the greatest kind of Injustice, and the cunningest Robbery that can be in the World. And do none of you know that we have still such as do the same? in comparison of which and whom, Achan was but a sole, silly, filching thief; and his single Wedg, but a poor trifling theft, nothing valuable to the least share of the meanest undertaker for draining Lincolnshire Fens, and that is nothing in respect of the constant draining of the purses of the rest of that County, which also is nothing in respect of the rest of all England and Wales, more perfectly and constantly drained by the Artists of Westminster, than any Fen is or can be by Mr. Henly, and his partners. Nay, the extorted Fees for Habeas Corpus' from the King's Bench and Fleet, yearly amount to a richer Wedg than achan's, which was no more than he could carri to his Tent of the spoil of Jericho. Less loss to the Israelites that were at liberty to fight for more, than what is daily and hourly carried by many of the price of starvelings bread, to the several Chambers of several Westminster Judges; so lossfull to hungry Prisoners, that many thousands of them lose their lives by that means, before they can procure their liberty to speak with their Creditors. Have we not had more men lost so in dungeons in England and Wales, wrongfully imprisoned and murdered by Judges and Gaolers, than you have lost in the field, hurt by the hands of your enemies? And were not too many of those (so lost under the hands of Gaolers and dooms of Judges) soldiers that returned safe from the mouths of Cannons, and the Swords of enemies, whose widows and fatherless children cry to men in vain for Justice and relief in this case? And shall not God hear the cry of the poor, and of the blood of so many Abel's? when men will not? I beseech you lay these things to your hearts, and consider in time; And let it not be said that any of you accept bribes of Lawyers, to dispense with their bribing, extorting and murdering of whom and as many as they please of your Friends, kindred and Countrymen, whose case another day may be your own, if you timely prevent it not. Some do inform you that they are beneficial men unto you; those are falls counsellors, for what can they give unto you, but what is none of their own? Nay more, but what is your own? forfeited and adjudged unto you amongst the rest of the Commonwealth, and so confessed even by their own mouths, (as I have written and proved formerly) be therefore pleased to make your selus Masters of your own whiles it is in your power, or expect it shall be told you the Virgin's Lamp is out. If your present engagement will not permit any of you to see this done, cease not to solicit his Excellency to write to the House, to desire them to put out of their assembly all mercenary professors of Law that poison their Counsel, no less than their predecessors did the King, making them to do the same things which they condemned in him; to the more grief of the People, that were promised Reformation, and are paid in more and worse deformation of their Laws and Liberties than they were before: witness amongst many more abuses, the Fen Project of Lincolnshire, etc. condemned in the late King, yet supported by more Malignant Royalists then in respect of Justice, he himself could be any, who are Judges, Parties and partners of the prey made by themselves of other men's Rights, of whose service and affections, both Parliament and Army have had no less experience, then of their defects and delinquencies: And move his Excellency to desire the House further to command the keepers of the great Seal to issue forthwith Commissions of Oyer and Terminer (as by Law they ought to all parties grieved, that shall demand them, directed to such Commissioners as the grieved parties shall nominat, to inquire hear and determine the extortions, oppressions and misdemeanours of Sheriffs, under Sheriffs, Gaolers, and other Officers subject to popular offence. And lastly, to desire the said House to pass an Act for the settling of the Law hereafter (in that plainness, shortness and cheapness) as hath been often desired in divers Petitions of Londoners and others and by my last Letter to his Excellency, bearing date about the beginning of this Month, according to the propositions of 12 heads of Law there enclosed which I understand in Scotland were delivered to his Excellency's hands: So God himself shall bless you and your Actions, and the people present and future, and even your selus and your Children have cause to rejoice in your work, and be thankful to God and your industry for so great a favour. So shall  
Your Faithful servant John Jones. From my Lodging at Mr. Mundays house in Clarkenwel, this 29. of July, 1650.   

JURORS JUDGES OF Law and Fact:  
SIR!  
HAving casually met with and perused your printed paper, styled, A Letter of due Censure and Redargution to Lieutenant Collone John Lilburne, touching his Trial at Guild-Hall London: in October last 1649. I could not choose but take hold of your first Lines, wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we find it. And thereupon I must tell you, that whatsoever you find in Mr. Lilburne, I can find in you no less than sin against God, whose name you abominably abuse, to reprove truth, and call good evil, and evil good: against Mr. Lilburne, whom you make but your Instrument to play upon, while you wound others through his sides, yea, even those most, whom you flatter most: Against the true and Ordinary Judges of the Land, the Jurors, whose verdict is the effectual Judgement whereby all men are judged by their Peers, aswell for their Lives as Lands, without which Judgements, the Law of England cannot be Lawfully executed: And generally against all the Free People of this Commonwealth, whom you endeavour to blind and enslave by your sophistry unto usurped Authorities, persuading (as much as in you lieth) all your Countrymen to submit, and give away their Lives, their birthrights, Liberties, and Freedoms (for the preservation whereof all their just Laws, and Civil Wars, and especially this last, were made) to the insatiable Tyranny of their encroaching Impostors, as shall appear following, viz. Page 3d, of your Letter (or rather Libel) in the second head of those things for which you say Mr. Lilburne is liable to reproof, you tell him he laid hold of divers shifting Cavils, and shuffling exceptions in Law, which were only fit to waste time, and procure trouble to the Court; Sir! if Law alloweth Exceptions, called delatories, and lawful Traverses as well in Pleas for Land as for Life; as you may find it doth and aught in Mr. Horn's Book called the Mirror of Justice, written by him in French in Edward the First his time, as you may observe in the Margin of the 6th page thereof, and excellently translated into English lately by William Heughes Esquire, a discreet and learned Lawyer living in Gray's Inn, of which kind of Exceptions, some be Pleas for Actions and Appeals, the Precedents whereof are briefly and diversely, according to the diversity of their causes, natures, and uses, demonstrated unto you in the said Book, from p. 129. to p. 143. and thence to 146. are Exceptions, or Pleas to Indictments; the summary reason of all which is not as you call it, to waste time, and to procure trouble to Courts, but to bestow time as it can be no better bestowed (especially in Cases of life) then to search out the truth of every Cause, that men's lives be not rashly lost, which cannot be recovered if condemned and executed, how be it, wrongfully, or carelessly: so, that to be careful, circumspect, and well advised in a Court is not to trouble it, for it is its duty to be exercised as it is significantly derived à Curando; that is, a Court of Care, or Cure, Indifferently either, or rather both, as it is Ordained Care to be troubled to hear and determine the Cares and troubles of all men within its verge, for Controversies of Law, (that vex & trouble an whole hundred of Friends and neighbours to see but two of them undo themselves in suits at Law, or kill one another) with Care to examine them truly, and to Judge them justly; And likewise to cure the Malady of the Consciences, or at least the intemperance of the Litigious spirits of Plaintiffs and Defendants, by ending their differences (as may be most available for their Peace, and the Commonwealth. And as it is the duty of a Court to be troubled to end troubles, so saith Mr. Horn p. 58. not to accuse any for matters of Crime and Life, though a known offender, learning of Christ in the Case of Magdalen: Nor to countenance Bloody Accusers, but to mollify their Rigour, as Christ did in the same Case; for Judges that represent God, and should imitate his mercy as well as his Justice, ought not to desire the death of a sinner, but rather that he may return from his wickedness, and live; and Conveniens homini est hominem servare voluptas: Et meliùs nullà quaeritur Arte favour. Nothing more Convenient for Man, or acceptable to God, then to save Penitents, whom he came not to destroy, but to call to Repentance: Nor is it the part of a Judge (as in p. 66. of my said Author) to condemn one for the same, or the like offence, as the Judge knoweth himself guilty of. And therefore Exceptions are lawful, to the Power of a Judge, as in p. 133. to his person; as in p. 135. and to his condition, as in p. 59 And those that are granted to be lawful to be propounded against his Power p. 133. are the same in substance, which you say Mr. Lilburne made use of, & yet call them shifting cavils, & shuffling exceptions, & reprove him for using them in defence of his life. I pray compare them together, & then consider what and whom you reprove; & you can not choose but find that for the matter, it is not a shifting cavil, or shuffling exception, but the solid fundamental Law of England, affirmed by all men that truly understand it, to be most Consentaneous of all Laws, to the Law of God; And for the Persons, it is not only Mr. Lilburne that desired thereby to preserve or prolong his life, but all the sage makers, & religious observers thereof, whereby you persuade all your Countrymen present & future, to disesteem such exceptions (even to save their lives) and consequently to cast themselves away upon the wills, and hast of Commissarie Judges, who may be the only, or chief Accusers, or Adversaries the Party questioned for his life can have; which for any such Party to do, were to be more than mad, and even the Author of his own death, and of God's Wrath upon his soul, which if he so wilfully lose, what is it to him to gain a world in lieu thereof? And why do you (more falsely than Caiphas that told one truth in his life unknown to himself) offer to persuade us to become willing to sacrifice ourselves one after another, to the lying bloody constructions of that General, and true Position Salus Populi, etc. The Health of the Nation; is the chiefest Law; which you vaunt to be the empress of all your Maxims, whilst you construe it to the destruction of the Nation (as they are very sensible thereof,) and make it only healthy to rotten Commissary Judges, and corrupt Lawyers, whom you make the sole Judges thereof; for what Christian can be so senseless as to believ, or conceiv, that the sacrificing of any one man in that manner only, for the suspicion (perhaps of no more than the Judge that finds himself most guilty of the Cause) as of being more able than another to raise or cause War against us; can avail us: For Sir! God delighteth not in bloody and dead sacrifices, but in our humble, penitent, and lively Prayers, who are, or aught to be his living sacrifices; And he that is as well the Lord of Hosts, as the God of Peace, is our loving Father, and he will hear us when we call upon him in his Son's Name, and open his gate of mercy unto us when we knock as we ought, and whatsoever good we ask him in that name, he will not only give it us, but moreover strengthen us as he did Jacob, to wrestle with himself, and to overcome his Anger, which an Heathen could understand and say: Flectitur iratus voce rogante Deus: God's Anger stoopeth to his children's Prayers: And none but he can raise any war against them; nor will he further than their sins deserve his punishment; and so far; Is there any evil in Israel, but it is he that doth it? What do you therefore but show yourself diffident of his merciful omnipotence, and rob him of his Glory, when you attribute his power to man, to make War or Peace, and make yourself wiser than he, when you think to prevent his will by your policy? and stronger than he, if you could destroy whom he would save? And therefore (saith Melancton) Men are but fools Vinculacùm tendunt imposuisse Jovi: when they suppose they can Chain the Deity. And who can but see, that if it be granted you, that every free man of England, whom you, or a Commissary Judge, or any other, as bad, shall suspect, or be pleased to accuse for suspicion, of what you think good to invent, you may accuse whom you will, and hang whom you list, and leave none to live, but at Lawyer's discretion, whilst the truch is, that so far as any one man or more of any kind of men, whatsoever, can be called or accounted raisers or causers of War in England, the Lord Cook. Mr. Horn, and other sound Lawyers tell you they ever were, and will be corrupt and mercenary Lawyers, that sell, delay, and deny Justice, and the benesit of the great Charter of England to the People thereof; the due punishment of whom, & of all Sycophants that soothe them up in their Errors, would be Salus Populi; for they are a considerable Army that have overpowered us these 500 years, Hyperprelaticall Spirits; Domineering Nimrods'; Undermining pioneers, (so that what was said of Rome since the Popish Prelacy ruled it, may be said of England since Lawyers overswayed it, viz. Servierant tibi Anglia priùs domini dominorum, servis servorum nunc miseranda subes. O thou that wert the Lady of Lords, art the Slave of Slaves.) And a subtle and viperous generation that add Policy to their Power, to gnaw their Mother's bowels, and use to make dissensions and Factions between even their own Brethren, to make work for themselves to reconcile them, or most commonly by the strength of the weakest, to destroy the strongest, till they be able to Master both, and by right seldom, and wrong constantly, to make and keep themselves rich, whosoever be poor, to accuse and condemn all their superiors for tyranny, to make way for themselves to be the only superviving supreme Tyrants, and complete Dionysians. The only Monopolizers of Law, to sell, delay, and deny Justice to the Free Men of England their Slaves, at their wills and pleasures in their Congregational Exchange Westminster Hall. And whereas you say those shifting eavils & shuffling exceptions which Mr. Lilburne made use of, to waste time, and procure trouble to the Court, were far from making any defence for him: I pray you what defence could he desire thereby but to save his life? And was not that done by the Verdict of a Jury, that heard what he said for himself, received all the Evidences that were given against him, and were Charged and sworn to give their Verdict according to their Evidence: was not that Verdict confirmed and ratified by the right Honourable the Council of State, by the assent of the most Honourable and Supreme Court of Parliament? without which either by an implicit general Warrant, or a special Express: no man can be so mad as to think they would enlarge him? was not this as Full and fair a Trial as Mr. Lilburne could wish, or any man (Questioned for Treason) had these 100 years, or since Juries, (that understood Law no better than you) were content to be baffled by Commissary Judges, and give what Verdict they pleased, as well for men's lives as their lands: did not his Exceptions and plead (whatever you call them) come near enough (how ever the Court liked them) to make him a sufficient defence in that matter? doth it not follow, that by your said saying, you make yourself a naked liar? and can so apparent a liar be a Creditalb reprover of sin? the Devil he can as soon: doth it not further follow, that Mr. Lilburne hath his Action of the Case against you, for questioning him for the same offence that he is acquitted of by so due a Course of Law? Doth it not moreover follow, that by traducing that Verdict and acquittal, you consequently traduce, not only the Jury, but also the Council of State, and the Parliament that Confirmed the same as aforesaid? And are not you therefore liable, not only to the several Actions of every Juror, but also of Scandalum magnatum? But what need you care, you are too cunning for them all, in Concealing your name at large from them whom you slander at large, and send your Book to them with a sine me Liber ibis in urbem; so that they know not when, where, or how to find you out by that uncertain notion, or mark of H. P. Which for any thing I know, may signify some Soapstuff, as well as any man's name; but take heed lest John smell you out, and contemperate you in his Compounds for some simple corrasive ingredient which he useth (not to any intent of malice, but to eat off some of your proud flesh, and not to destroy any sound part in you, as you say in the title of your Book you use your reproof to him) to make a special kind of soap to wash the brains of such Orators as persuade men to become such fools, as to make no use of Lawful exceptions against their Judges (especially Commissaries) to save their lives: and the tongues of such Sycophants as under pretence of reproving the meanest, and weakest sort of sinners; approve, and improve the greatest and strongest kind of Murderers, Traitors, Perjurers, etc. viz. Commissary Judges in general, in their practice at large. But more to the matter, where you say in your 5th head, in the same 3d page of your Libel: The 5th thing you say deserveth a keen reproof of all honest men, was Mr. Lilburnes assailing the sincerity of his Jury: and page 21. you say he promoted his 12. men, etc. and caused them to employ their new given Jurisdiction, only to the advantage of the giver. Truly Sir! I must confess, that if Mr. Lilburne assailed the sincerity of his Jury, he was to blame: but I cannot find by any thing you prove, that he did so, for the Clamour of the People (who were not his disciples as you belie them and him too) were not in his power to stop, more than in yours, or mine, had we been there; for if they would not obey the Crier of the Court, they would not have obeyed us more than him, who desired (as he needed) rather to be heard, then disturbed, and distracted with Clamours. And for his blandishments to his Jury, good Language became him to give, and them to receiv, but not such adulations as you give all Commissary Judges: And to use all the lawful means he could to inform them, and all his Auditors that knew him not, nor his innocence in that Cause, and merit in others; and thereby to prolong his life in the Land which the Lord his God hath given him, and to keep himself a living sacrifice to, and for his God, until it please his Deity to call him to his mercy by the Ordinary way of common death, or to inspire him to fight again in his Master's Battle and Country's service: whereby he may die an extraordinary death, more to his Master's glory, and his own honour, then by casting away his life (to become a dead sacrifice to the malice of men, whether Commissary Judges, such as you plead for; or other flattering Sycophants, such as you make yourself) I conceiv to be no fault in Mr. Lilburne. In the next place, where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction; I am sure, that is another Lie of yours, for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta: That County Courts, Court Barons, Sheriffs-Turnies, and Leets, were in use before King Alphreds time; In all which Courts the Jurors were the Judges, & their then untraversable Verdicts were the Judgements in all Causes: And Sheriffs and Stewards, who were the King's Commissary Judges in their Turnies, and Leets, as now they are the States, were, and still are but the suitors Clerks in Counties, Hundreds and Court Barons, to enter their Judgements, and do execution thereupon by themselves and their Bailiffs, as public servants, or Ministers of common Justice to their Jurors, and the rest of the Common Wealth: See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by virtue of their Writs, when they have them for matters above 4 s. as the Judges at Westminster ever were, or can be by their Commissions: And all Common Pleas between Party and Party (and the King, Queen, and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas) were holden in the County Court from Month to Month, until for the ease of the People, especially husbandmen to follow their business; The King with their assents divided the view of Frank pledge from the Sheriff who by all the People's affent in Parliament 9 Ed. 2d was to be thence forth assigned by the Chancellor, the King's Commissiary Judge in his Turnies, (called before the Kings own Turnies) to see Justice done from County to County; And all the free pledges of every County together, once every 7. years, which is since to be done by Sheriffs twice yearly) and gave them to Lords of Manors, so, that their Tenants and Resiants should have the same Justice in their Leets and Court Barons, as they had in the Sheriff's turnies and County Courts at their own doors without any charge, or loss of time? And for the same reason (saith the Lord Cook in the same place) Hundreds were divided from Sheriffs, viz. that none should be troubled further, or out of their Lord's Court at all; at which Courts (saith Mr. Horn p. 7.) Justice was so done, that every one so judged his neighbour by such Judgement as none could elsewhere receiv in the like cases, until such time as the Customs of the Realm were put in writing. And as the County Courts, Hundred Courts, and Court Barons were of one Jurisdiction, so were Turnies, and Leets, and so all of them are, and aught to be still; therefore you must consider that there be three sorts of Jurisdictions, viz. Sovereign; assigned, and ordinary: of these you may read in the Mirror? p. 7. in these words, viz. It was assented unto, that these things following should belong to Kings, and the right of the Crown, viz. Sovereign Jurisdiction, etc. which is now fixed in the Keepers of the Liberties of England, by virtue whereof among other things all Writs. Commissions, warrants, Commitments, & Liberates or discharges run in their names as they did in the Kings, so that none are Imprisonable, or dischargable, but in their names; consider therefore again that this assent was the People's, whereby Kings, (who before, and without this assent, were not Kings, but ordinary men, that could have but ordinary Jurisdiction as others) had Sovereign Jurisdiction, as now the Keepers of the Liberties of England have by the Authority of Parliament, which is the Representative of the People, given them by the People with a reservation of their ordinary lurisdiction, viz. reserved in, by, and unto them in King Edward 1 his time, and ever before and since; by reason also of which sovereign and Royal Jurisdiction, as you may further read Mirror, p. 287. Kings were called and counted (as now the Keepers of the Liberties of England ought to be) fountains of Justice, and ordained because they could not be always every where themselves, as Moses did by Jethroes Council, Institute Captains over hundreds, Fifties, etc. and now the Keepers of the Liberties of England do, and must ordain Commissary Judges, viz. Commissioners or Judges, by their Commissions missions or Writs to supply their presence, and do their office in their stead, which in Courts, is but to give their assents to the verdicts, which are the judgements of Freemen upon their Peers, whereby those Judgements being so completed, the executions thereof did do, and must run in the name of the Sovereign Jurisdiction of the State; And so justice may be administered in all places, in their personal absence, who are to be accounted present in their Commissaries, who no more than their Masters can be counted judges of the people, because parties against them, and so made and named in, and by all Indictments, Writs, etc. as aforesaid. Observe again, that Commissary judges, being ordained by their Masters to do justice; if they fail of so doing by their partiality, wilfulness, or any other consideration, as Pilate (who was Caesar's Commissary) and others did (whom you aptly compare to some of them) than they have no jurisdiction, or ordination at all, so that they may be disgracefully, and that lawfully pulled, and thrown out of their abused places: but in civility and respect of their Masters may be better forborn, and referred to their Censures. And what is dissenting, or not assenting to jurors verdicts, but a denial, which is more than a failer of justice, for the speeding whereof they must have no negative voice: for ordinary jurisdiction that was the supreme i that gave the Sove. reign (which is superior to every singular person) to Kings, (as now to the Keepers of the Liberties of England) is still the superlative jurisdiction beyond all comparison, that can be inferior to no authority, but Gods, that gave it to his people, to his Children, not to be given by them, to any above them in their generality, but himself, from whom they have received, and to whom they must restore themseus and all that is theirs, but to be contrived, and substituted by them unto the worthiest men amongst them, to be employed for and under them, as they might find most convenient for their worldly peace and subordinate government; to which end they deputed Kings, as now the Parliament hath done Keepers of the Liberties of England, reserving so much of their ancient ordinary jurisdiction to free men, that none but such may be jurors, and none but such may be their judges for their lives, lands, and estates: And therefore as the Keepers of our Liberties are subordinate to the Parliament, so are their Commissaries to them, and both in their judgements, to the verdicts of the jurors, which is their true saying of the whole matter, as well for Law, as Fact; and so is the full judgement of it, both in Law and effect, wanting only the assent of the Sovereign jurisdiction, which is the only party sup posed to be against the party guilty, or so reputed, and hath that Majesty (or if well considered, that vassalage) given unto it, as to do, or command to be done Execution; which, if the hangman refuse upon the Sheriff's command, the Sheriff himself must do; and if he refuse, or neglect, the Commissary judge must, for as there is a Writ de procedendo ad judicium, and an Alias, plures; and Attachment to compel him to give his judgement, or, more properly, his assent (as aforesaid) to the juries' verdict: So that if he delay, deny, or fail to do, or cause Execution to be done, there is another Writ de executione Judicii, and an Alias, Plur ', and Attachment upon that, to be had against him; whereupon, if a Commissary judge must be Attached for not giving his assent, (commonly called his judgement) to a verdict for Felony, etc. or having given his judgement to the verdict, shall deny or delay execution, except in special things hereafter touched, let him not only be an hangman for his Fellows, but be hanged himself; for such was King alfred's judgement in all Cases of injustice in his Commissary justices, as you may read in the Mirror from p. 239. to p. 245. when he hanged 44 of them in one year. But it is observable how Commissary Judges for Gaol deliveries do now a days use in the conclusion of their judgements upon Felons; convicted by luries verdicts, and their assents, to command Sheriffs to see execution, and so to end their Sessions; and get themselves gone out of that County with all expedition, and let the Sheriff and his hangman agree as they can bargain, for doing the execution, while the Commissary imposter proceedeth in his Circuit, attributing all that he findeth the people conceiv to be injustice, to the Sheriff, or jury, or both, but calling all judgements and proceed (that are pleasing to the people throughout his perambulation and the Ambit thereof, even the Cirquit itself,) his own; because the people assented to such Commissions, as the devil doth the world his own, because God gave him leave to compass it; And as proud are such Lords justices of their Lordships in a kind, as he can be of his; yet in right aught to be accounted but servants to their Masters, as he to his. And therefore whereas you say p. 24. though the verdict be given in upon the whole matter, and so enclose Law as well as Fact, yet the binding force of the verdict as to matter of Law, may be derived from the sanction of the Judges, not from the jurisdiction of the Inquest: And it may well be supposed that the jurors may err in a matter of Law, in which case the judges must alter the erroneous verdict by a contrary judgement, and that judgement questionless shall nullify the erroneous verdict, not the erroneous verdict the judgement; whereby it plainly appears, That in a verdict upon the whole matter, there is no new jurisdiction acquired by the jurors in matter of Law, nor left to the judges; sorasmuch as the judgement stands good, and obligeth not as it is rendered by the jurors, but as it is confirmed by the judges. Cana Man that would seem so Cornucopiously learned and wise as you do, be such a fool, as to make such a medley of nonsense; surely should you but tell such a confused story in one of the Inns of Chancery, the puniest Attorney there would hills you out of his mooting School. What error can be in the substance of a true saying, but in the form there may, and that the judges and the Clerks assume to be their office to make in Latin, and such is the form, and Latin they usually make thereof, that every word, or second are commonly erroneous, and that of purpose for themselves, to make work for themselves, by spinning the Cause in suits and vain plead, sometimes to seven years' time, that might have been begun and ended in a day, and by beggering both parties to enrich themselves by damnable Fees and extortions, all that while? Can the verdict which is the true saying of 12. Men upon the whole matter of Law and Fact, be altered by a contrary judgement, (as you expressly say you can) but that must be falls and an untrue saying, for what can be contrary to a true saying, but a falls? And which of them ought to be altered? you say the verdict. Whereupon let all men judge whether you are not a plain liar therein, but suppose (since you go by suppositions) that the saying of the jurors is not true, and therefore no verdict, such as judges receive, or rather arrest, and cause to be given them for verdicts by jurors impanniled by Sheriffs, by judge's directions for that purpose. Can the Confirmation of a Commissary judge, by his judgement make that good? It's a Maxim in Law, that what is naught in the foundation, can never be made good by Confirmation: but I confess many an honest man is hanged by such supposed verdicts, and devilish judgements. Can such Lies be called verdicts, or such judgements be called true, more than you can be called a just reprover, or a due Censurer, that reprove truth, and justify lying? Can the Devil be a worse Censurer or Reprover? What judgement (mean you) stands good in Mr. Lilburnes Case, who had no judgement at all passed upon him, but that verdict that saved him, and the assent of the Council of State, and Parliament that confirmed it? And what verdict or judgement do you find fault with in all your Book over but that? Surely you were in a frenzy when you wove this stuff not so good as Linsey Woolsey; but if you would know what should be done, in case a Jury should give in an untrue saying, in stead of a verdict? (that being made to appear to a Commissary Judge by the Party grieved, or his Council learned to be undeniably true; such a seeming verdict, in c●se of life, or land of , is traversable; as also any verdict made defective, informed by Lawyers as aforesaid, and thereby sounding defective in matter, and so counted erroneous by them that made it for that purpose, to linger the matter for their own gain, as you may read in Mr. Horns Mirror, as aforesaid, and in the Statutes of 41. Edward 3. fol. 5. and 6. of Henry 7. and 19 Henry the eight. Howbeit for bloodshed in Leets there is no traverse; because the fact is a manifest wrong, and if laid upon a wrong person, he may have his Attaint against the Jury, and recover triple damages, by the verdict of 24 better Jurors; which remedy every party wronged by any Jury hath besides his Traverse. And in case of life, which may be lost (by the malice or ignorance of some Juries purposely returned by some Sheriffs for their own ends) if executed according to their saying, and is never recoverable by Law: The Commissary judge upon true information and proof thereof, and not otherwise, aught to stay judgement, or execution, or both, until he can likewise inform the Keepers of England's Liberties of the truth of the Cause, and repriev the Prisoner until their pardon or Tolerance be obtained for him, as was wont in the King's time in like cases, so, that afterwards the Prisoner may have his Attaint as he ought against such a jury, whose judgement is terrible enough for example to others, and sufficiently satisfactory to the Party, viz. to repair his wrong, and pay him triple damages: To forfeit their lands and goods to the Lord of the Fee; to have their houses demolished; their woods rooted; their bodies imprisoned during their lives: And jurors ought to try Attaints without Fee Ex officio, as you may read in the Mirror, p. 64. And so let so much serve in this place to inform you that the jurisdiction of jurors is to be judges and Verdictors of all controversies given them in charge upon their Oaths, as well for matter of Law as Fact; and as ancient as, and more permanent than Commissary judges; for when Commissary judges had abused their places, so that they were beaten out of them, and Civil Wars therefore grew between Kings and people before Magna Charta: and since, until the said second agreement made between Ed. 1. and them, whereby Coroners and Sheriffs were reordained (for they had been ordained before, as appeareth by Magna Charta, and long before that) to defend the Country when they were dismissed of their guards, etc. for till then guards continued for the breach of Magna Charta, begun by Hugh de Burgo's means, and then Captains and Leiutenants became Sheriffs, Coroners, etc. and Sentinels, Bailiffs, etc. But always the Free men judged their neighbours constantly; And therefore Mr. Lilburn neither did, nor could give his jurors any new jurisdiction, nor promote them to any preferment more than of right they had, (as you most falsely and maliciously, however ignorantly accuse him, and abuse both him and them to introduce the rest of your untruths which follow, for next you say, that thereby you perceiv his Levelling Philosophy is, that judges because they understand Law, are to be degraded, and made servants to the jurors; but the jurors because they understand no Law, are to be mounted aloft, where they are to administer Law, to the whole Kingdom: the judges because they are commonly gentlemen by birth, and have had honourable education, are to be exposed to scorn; but the Jurors, because they be commonly mechanic, bred up illiteratly to handy Crafts, are to be placed at the Helm, and consequently Learning, and gentle extractions, because they have been in esteem in all Nations from the beginning of the world till now, must be debased, but ignorance, and sordid births must ascend the Chair, and be lifted up to the eminentest Offices, and places of power, Cobblers must now practise Physic in stead of Doctors, Tradesmen must get into Pulpits, instead of Divines, and Ploughmen must ride to Sessions instead of justices of Peace. Sir, I shall not meddle with Mr. lilburn's Philosophy, but shall conceiv it more reasonable, and therefore more tolerable than your sophistry, seeing it appeareth by your own setting forth, his endeavour was not to degrade Judges because they understood Law, but to inform them better, because he conceived they understood not Law in his Case, till they would be pleased to be better instructed by his learned Council, which (as he alleged divers precedents for) might have been as Lawfully allowed him, as those that had them, for (as saith Mr. Horn 65 p. they are both necessary and allowable to such Clients, as understand not Law themselves. And for none so necessary as for their lives I think) neither doth it appear to be his purpose to make Judges servants to Jurors, because they understood no Law, but to remember them to be servants to their own Masters, to give their assent to the judgement of Jurors that he conceived did understand Law: And what wonder were it that these men, who by themselves and their predecessors did put the Laws of England (that had been in the English tongue intelligible to all men whom it concerned) into uncoth Giberish of their own making, should understand their own contrivance better than others who do understand Latin, French, Greek and Hebrew, better then most professors of Law do, and English as well: What subversion of the Law can be more than so to translate it, that those whom it most concerneth, can neither understand it, nor be excused by their ignorance in not understanding it, and so make it their net (whose liberty it should be) and all to the end, that those whom it concerneth least, or not at all, may elevate themselves by means of so unlawful and prestigiatory, and illiberal an Act, (nothing so harmless, nor so free and cheap as Canting) from little or nothing to greatness, from Lourdeyness to Lords: And what can the subversion of the Law (especially such a subversion) be less than treason against all the English Nation? But truly Sir! if Mr. Lilburn should desire that judges should be exposed to scorn, because commonly Gentlemen by birth, and honourably educated, I know none that will agree with him in that, nor can I believ it to be his desire, that is known himself to be a Gentleman born, honourably extracted, Civilly bred, martially disciplined, and very rationally endowed beyond the capacities of ordinary Lawyers. For learned, virtuous, and upright Judges howsoever born or bred, are to be honoured for their virtue, because Honos est virtutis premium, Honour is the reward of virtue, and the better their births, and educations be, the more fair and fortunate are their Ornaments: but Quamvis Caesareos enumeratis Avos: though descended of Caesar, and educated in his Court: They are not all of Israel that are of Isaac: And golden Calus are not to be adored. And if corrupt and vicious, you say Gods strict injunction obligeth us all to reprov sin wheresoever we find it: behold how you contradict yourself, when you would have all judges, because wel-born, because well bred (though as wicked as Pilate or Caiaphas, as you say elsewhere) to be honoured by all men: And yet you would have sin to be reproved by all men wheresoever they find it oportet mendacem esse memorem: recover yourself by some distinction, or reason of policy, or else you are fallen deep: Tend manus Solomon, etc. I remember you say Jehojada did forbear Athalia until he gained more ability, and better opportunity to accomplish his desires against her; I conceiv then you would have none to reprov Judges but yourself; nor will you, till you have more advantage of them than you have yet; so the respite you give, is but till you have more advantage against them; not unlike that sesuiticall tenet, which Ignatius never taught his Disciples, but they learned it of his Master the devil: And therefore let the King of Spain take heed of it, for the Pope and they wait but opportunity to swallow his Catholic Majesty into his holiness bowels, when they preach one vicar in earth for one God in heaven: And let Judges take heed of your flattery which they may discern by your obligation, to reprove sin wheresoever you find it; and by your forbearance to reprove Judges (though never so sinful) until you get opportunity, and by your aptness to fall down and worship them, all without distinction of good or bad; when some of them know themselves no worthier to be worshipped than he that our Saviour bade get behind him. And what shall they be the better for your reproof, if they die before they have it? when you ought to speak, de mortuis nil nisi bonum; nothing but good of the dead; therefore Paul more graciously reproved Peter to his face, when and where he found him faulty. As for Jurors placing at the Helm because mechanic, etc. you touch not Mr. Lilburn for his Jurors (as all others in London ought to be) were impanneled by the Sheriffs of London, or their secondaries, who knew them to be honest lawful men, such as their precept required, and ●ad the Judges any cause to suspect, refuse, or change them, they had done by them all, or ten at least as they did by one of them, take in others for them: And you say that Mr. Lilburn excepted against them all, and desired to be tried by a Jury of Surrey, where he lived when the Fact was supposed to be committed, (and if by him, likeliest to have been there) where a Jury might be had of no mechanics, but God, who (as you say elsewhere, and that truly, as the devil, to be believed in more, useth to tell some truths) is present in all Courts, was really, though not visibly present there, and had fore-ordained better for his servant, than he knew how to desire; A Jury of Mechanics, whose persons or Estates I know not, but their carriage and Resolution in that matter declare them knowing and understanding Men, Confirmed in their Verdict, first by God himself then doubtlessly not only present in the Court, but in their hearts and consciences: And afterwards by the Council of State by assent of Parliament: A Precedent for Jurors, and a memorable example of undantable, immovable, conscientious Judges of life and death, for the present, and all future ages to imitate: yet traduced by you, and in them God himself the Author of the work, and the State, and their Council Cooperaters therein. And no mervel for all that, since you cannot be content to calumniate all that had a hand in the matter, but also the generality of all the constant Inhabitants of all Cities and Corporations in England and Wales, of whom not one in a Million, ever knew Mr. Lilburn, or heard of his Cause, all Mechanics. For what Trade, or mystery of Merchandise can be, but hath its original from some handicraft? What Merchant so easy or careless, but sometimes useth the help of his own hand, or servants to measure, or weigh his commodities, for which he ventureth his life, or others, and his Estate to boot, to fetch them from the Indies, and why should he scorn to put his finger to retail them to his customers by true weights and measures? And so I conceiv writing is but an handi-craft taught a Lawyer before mooting, and necessary to be used by him when he is a Judge, whose (duty as the Lord Cook upon the 29 chapped. of Magna Charta saith, is, decernere per Legem quid sit justum: to discern what is just by the rule of Law; and so to make the Law his rule, his line, his measure, his weight, his yard and balance, which (saith the same: Author in the same place) is called Right itself, And Common Law; because it judgeth common Right, by a right line, which is the Judge of itself and its obliqne. And in another since (saith he) the Law is called Right, because it is the best Birthright the Subject hath, whereby his goods, lands, Wife, Children, body, honour and estimation are protected from injuries, and so a better Inheritance cometh to every one of us by the Law, then by our Parents: but when appropriated by Lawyers to their own construction and benefit, how is it to becalled common Law?) and when a Commissary Judge like Pluto's Radamanth, maketh his will his Rule and line, and thereby squaretth and measureth the Law as he pleaseth, and as Virgil diseribeth him: Grosius hic Radamanthus habet durisima regna, etc. Castigátque Auditque dolo, subigitque fateri leges fixit precio atque refixit, etc. First he punisheth, than he heareth, and compelleth to confess, and so maketh and marreth Laws as he pleaseth for his profit: such are the Commissaries I desire to reprov, and you to flatter: but I wish them to observe Crysippus his Picture of Justice described in a Latin Dialogue thus, viz.  

Quae Dea? Justitia: at quid torva lumina slectis?  
Nes ia sum flecti, nec moveor prctio.  
Vnde genus? Coelo. Quite genuere Parents?  
Mî Modus est genitor, clara fides Genitrix  
Aurium aperta tibi cur altera, & altera clausa est?  
una patet justis, altera surda malis.  
Cur gladium tua dextra gerit? Cur laeva bilances?  
Ponderat haec causas, percutit illae reos.  
Cur sola incedis? quia copia rara bonorum est;  
Haec referunt paucos secula Fabritios'.  
Pauperc cur Cultu? Semper justissimus esse,  
Qui cupit, immensas nemo parabit opes.   

Englished by me thus.  
What Goddess art thou? Justice: why so stern?  
No force shall make me bow; nor brible me yearn.  
Whence sprung? from heaven. What parents gave thee breath?  
Indifference was my Father; Mother, Faith.  
Why open'st one ear, shutt'st the other still?  
One hears the good, the other's deaf to ill.  
Why right hand sworded? scald the left appears?  
One weighs the Cause, the other cuts guilts ears.  
Why art alone? because few good there be;  
Scant one Fabritius in this age we see.  
Why poor in Robe? because who would be just,  
No vast estate or Wardrobe purchase must.   
But I observe that as the meanest handicrafts man, when he groweth rich, turns Merchant, that he may live Lazier, and gain more by buying and selling merchantable Commodities, then by his labour, yea, and the craftiest Merchant of all; or as lately the poorest Scholars being attained unto Wealth, became Bishops by the same means, and for the same reason; yea, and the precisest formalist of all, so the simplest mooter in the Inns of Chancery, being being past his Apprenticeship, admitted to the bar, and but botching Jorneyman in the trade of Law, furnished with money friends and fortune, proceedeth Sergeant at Law, and ascendeth some Chair, or Bench of Judicature in a day, and declareth himself presently the pragmaticalest Judge of all, yet but a Commissary Judge, such as you extol in the general, and I except against in some particulars, as for making the Law a mercenary trade, or a merchantable commodity, which ought to be free and liberal to all men; and in assuming a Mastership therein, whereas he is and aught to be but a servant to the Commonwealth; yea, even a Clerk (though you seem to repine at it) to say Amen, viz. to pronounce his Master's assent to the verdicts of Jurors who by their ordinary jurisdiction are the absolute Judges of their Country, as before is proved. Yet shall I be content to follow your Follies a little further for your better satisfaction touching Mechanics, who buy and sell but what are vendible and merchantable wares, and lawful for them so to do, which if by unreasonable pennyworths, their reasonable Customers may take or leave as their occasion requires, and reason guides them: whilst Lawyer's Clients must buy such Law as they can find, at such rates as they can get at Westminster, or perish in their Causes: different from those times, when Mr. Horn, and others tell you, they had better brought to their own doors with little charge, and less pains: and when to see it so administered and executed by Sheriffs, Recorders, and other Country and City Judges, that were the King's Commissaries in their respective places, and derived their Commissions and authorities as well as any at Westminster ever did, or can, from the same fountain, viz Kings and people, so that (as the Lord Cook saith) Omnis dorivata potestas habet eandem jurisdictionem cum primitiuâ: their jurisdictions were the same within their precincts, as the Kings at large; yet Kings went along with their Commissaries, or rather Deputies, for their own Bench, from County to County, once every seven years, to oversee, and examine how Justice was distributed to their Subjects, and to give their Royal assents to the verdicts of Juries which were not assented unto by the ordinary Country Commissaries since the last Size: which Commissioners therefore only, and not the Country in general, (as now to Assizes, nisi prius, and Gaol deliveries) or so much as the Jurors were called, or troubled to bring in any account of what they had done since the last Eire, but those Commissary Officers only for that they had not done were charged to bring in their Records, whereupon such verdicts as were found unassented unto and completed by them, might be assented unto and perfected by the King himself, or his Commissary Judge, or deputy, called his chief Justice of his own Bench; or by the Justices in Eire, who went sometimes without the King, or any of his Justices, who when and where they came, had the prerogative of all Courts during their stay, which was but for short Sessions) & gave forth process of execution upon them, and meddled not with any mors Causes, but only within his verge, by the verdicts of jurors inhabiting within the compass, as you may read in the Mirror, Lambert and others at large. And why now all must come to Westminster four times yearly; and no cause, whether over or under 40 s. can be ended in any part of the Kingdom but there; for if under á Mutuatus shall lift it over, and all under colour of that Chapter of Magna Charta, which saith Common Pleas shall not follow the King's Court (as his Bench, Chancery, and his Exchequer then did and ever might) but shall be kept in a certain place; which came to be Westminster-Hall since it was the King's pleasure to have that Court (which was their prerogative superindendent Court of Common Pleas, viz. for Appeals in such Pleas, by such as found themselves grieved by partialities or delays of their Country Commissaries, unto that Court) kept in their own Hall, of their then dwelling Mansion, as it continued until White-Hall came into the hands of King Henry 8. by Cardinal Woolsey his delinquency, which (pleasing him better) he madehis Court; and gave not only Westminster-Hall, but also all the Palace of Westminster (that his Ancestors from Rufus to him, contented themselves to dwell in) to be the Consistories of all his Courts, when he found it chargeable to remove them, though he and his successors gained least by them. But now no King being, no Court that depended upon his Person, or his deputies, or Commissaries, in respect of their prerogative Judicature reputed transcendent remedies for some transcendent Injuries committed and suffered amongst the people, can be necessary, because triennial or more frequent Parliaments, and special Commissions of Oyer and Terminer to be granted them, when and as their Causes require, may better supply them and with more speed and Justice, and less charge and expense finish their Causes at or near their homes, than all, or any the Courts at Westminster ever did or could. But if the Keepers of England's Liberty be pleased to have any one or more Courts, or Judges to be superintendents above all others, besides Parliaments, and special Oyers and Terminers, Then they are to be desired, to be also pleased to allow, and pay them sufficient Wages at their own cost, and not the peoples, as Kings did when their Commissary Judges were to have of never so many Parties in one Cause, but 12d to be divided amongst them, and that after the end of the suit, and not before: And a Pleader (though a Sergeant at Law) was sworn to plead as well as he could for his Master (now called his Client, and counted his servant) and to abuse the Court with no falls, or more dilatory than necessary Pleas, And was to have for every such Plea pleading, but six pencel; and for his salary or Wages, for his attendance in every Cause first to last, beginning to end, as the Court should think fit, considering the greatness of the Cause, and merit of the Pleader, etc. as you may read in the Mirror, p. 64. Now to return to your Mechanics, commonly (as you say) brought up illiterate: surely it cannot be unknown to you, that there are most commonly as many (if not more) Masters of Art in London that use Trades and handicrafts as practise Law at Westminster, and completer Retoritians, Logicians, Musicians, Arithmetitians, Geometricians, Astronomers and Physicians, all which are the several liberal sciences, and the very encyclopedy and summary of all good and necessary Arts and learning: How then do you make it your consequence, that if all Commissary Judges be not adored as you would have them; all learning and gentle extraction must be debased, but ignorant and fordid birth must ascend to the Chair? as if there were no learning but in Pedlars French and Law-Latin, the very disguises of the Law, which hath no such need of them, as a foul face of a Mask, or an hangman of a Vizard; but contrariwise, much necessary to be rid of those Curtains, which hid both the beautiful Shape, and material substance of it, from us, that it may appear (even to our understandings) more gloriously, more learnedly in plain English, then in that Canting more obnoxious than that of beggars, which would but cheat us of necessaries to sustain their lives; whilst Law-Canters cheat both us, and them, of all our livelihoods and liberties, to surfeit themselves with superfluities; by making us all starvelings, pined with that extreme of wants, the want of Justice: for put the case that those hotchpotch French, and Quelquechose Latin were banished, and the Law rendered in English (as Scriptures are which were hidden from us by Prelates, as our Law by Lawyers) would not all learning, and argumentations in Law be as necessary for the continual preservation of men's lives and estates, and therefore continued in English as Sermons in Pulptis, and disputes in Schools and Universities, requisite for the salvation of our souls are? Naywould not Schoolmasters (to read and teach the Law in common Schools) beas ne cessarie in London, as Students in the Inns of Court, or Chancery, or as such have been (as you may read in the Lord Cooks Preamble upon Magna Charta) and did read upon Magna Charta, when it was read twice yearly in Churches, and 4 times yearly until full Counties, until the same King that assented to the making, and was sworn to the observing of Magna Charta, in the 9 year of his Reign, by the advice of his Chief Justice Hugh d'Burgo (whose advice and his followers ever led Kings to ruin, and Subjects to hazards) by his special Writ in the 19 year of his Reign, prohibited the said public reading, and teaching, (as you may read in the same place.) Did not the Eunuch understand the Language he read, yet wanted Philip to interpret the meaning? And did not God send Philip to that end? So no doubt (although the Law be Englished) the most part of English people will be Eunuches in their understanding of it so fully as they ought, until, and but whilst there be Philip's to expound it? for it is too great a Study for men otherwise employed, to be expert in; to resolve Causes which you call Intricate, As you would make it for Cobblers to dilucidate texts, which many call hard Scriptures: And who can doubt it to be Gods special gift and vocation in Law to some, to be just and learned Lawyers, as to others to be sincere and Orthodox Divines, while the world shall consist of bodies necessary to be regulated, as of souls to be disciplined. And then for your gentle extractions, may not they be as they were ever wont (since Marriages were ordained in Heaven, may not a Judge bestow his daughter upon a Citizen, and a Citizen his upon a Judge, or an Earl, (as we have seen usual): but by your allegation that there is a general disesteem of gentry more now then from the beginning of the World, which Mr. Lilburn can be no cause of: It is manifest you charge the present Government as faulty for suffering such a disesteem to be among the people, wherein you do but traduce and wrong the State, that neither desire, nor countenance any such thing, but when gentry (for the most part) grows degenerate, and nobility debaseth itself, Corruptio unius est generatio alterius: when Lords turn Boors and simplicians, let Clowns turn Lords and Politicians; And let him that will carp at the Vicissitude of things, which divine providence hath ordained, blame neither State in general, nor persons in particular, but conceiv rather, that Ablatâ Causâ tollitur effectus; when virtue faileth, the honour followeth; when God took his holy Spirit from Saul, both Spirit and Majesty were transferred to David in a larger measure; and thereupon be you further answered by an Hea then: Tempora mutantur, et nos mutamur in illis: Times are changed, and we therein: By whom, is manifest; but how, and when, are Arcana Dei: Forbidden secrets, imputable by such as suffer therein, to their sins; and therefore you show yourself in this point, not an Altar Cato, but an Altercator: not a wise man but a wrangler: Whilst you might observe further, that God never took his holy Spirit from whom he gave it, but for their abusing, or not using that power which accompanied it, as they ought, whereby they provoked him, as when he said: It repenteth me that I have set up Saul to be King: 1 Sam 15.11. When Saul spared Agag, and his fat Oxen, etc. which God commanded to be destroyed: So when England's Kings and Lords made wrong use of their Judicature and power which he and his people had given them; was it not time for God himself, to justify himself and his people? When they and their subordinate Judges connived together with such men as God described by his Prophet Jeremiah to be his enemies, saying: Among my people are found wicked men, they lay wait, as he that setteth snares, they set a trap, they oath men, and as a Cage is full of birds, so are their houses full of deceits, therefore they are become great and waxed rich; they are waxen fat, they shine; ye, they overpass the deeds of the wicked, they Judge not the Cause of the Fatherless, yet they prosper; and the right of the needy do they not Judge: shall I not visit for these things (saith the Lord)? shall not my soul be avenged upon such a generation as this? Jer. 5. v. 26. were there ever in Israel such waylayers, snare-setters, trap-setters, and men-catchers, as were the Scribes and Pharises, who concealed the Law (which God made for his people) and assumed the exposition thereof to be proper to themselves only, and thereby snared, trapped, and caught the people as they pleased; made way for themselves to become great, rich, fat and shine; which exposition was but of their own natural language, which their Countrymen understood, or might as well as they, yet our Saviour called them a generation of vipers, etc. that laid heavy yokes upon their brethren, etc. Did not our Judges and Attorneys in England exceed them, that not only concealed the Laws of God, and this Land, made for this people, from this people? though partly published in English (as our Statute Laws are) whereof nevertheless they assume the exposition to themselves; howbeit rational Englishmen may understand them as well as they; but also barbarized that part of our Law which is called, and aught to be common, so that they have made it proper to themselves only, because no other linguist (howsoever learned) can understand it, but only they that made it such for that purpose, whereby they snare, and trap all men as they list, and their Legion Gaolers, Catchpoles, setters, etc. (who glory even in those names, and are rich by those means) catch, and imprison all Debtors, and most of them to death, contrary to all Law, but what they made and procured against Magna Charta, and maintain (though repealed) against the Petition of Right, and above 20. Statutes, all Confirmations of Magna Charta. Do the Judges of England, judge the Cause of the Fatherless? the Orphans of London can tell you no. Do they judge the right of the needy? the Widows, the Fatherless, and all that sue in formâ pauperis, nay they that beg, rob, and steal to boot, with those that starv for need, can tell you no. And shall not God be as good as his word? Shall not his soul be avenged upon this generation? yea, no doubt, and therefore Judgement began at the House of the Lord, which King, Lords and Bishops, that parted the people's spoils, neglected Achan and his Wedg; made all covetous gripers more griping, Regis ad exemplum; and all men more offenders because the greatest most thrived, and were never punished. Therefore Kings, Lords, etc. whose extractions for Gentry were ever esteemed best; And many Bishops well descended, laying aside their virtues, who shall blame God for laying their honour in the dust? but let all that love the present State, and Government of England, wish the Keepers of the Liberty thereof, take heed in time they do not the same things themselves, they have condemned in others, of whose punishments God hath made them his Instruments; for we are sure that the Judgement of God is according to truth, against them which commit such things; 2. Rom. ●. Let them not overpass the seeds of the wicked, by not punishing them which they ●…nde to be such, yea, and especially the wickedest of them, even such as none can be so wicked; Judges that persevere in injustice, who by suffering such offenders, become not only the committers of their offences, but superlative offenders, whom God nath none above them to correct, but himself, which he therefore usually doth, by raising Wars against them, and enemies unto them, as well of their own Nation, nay their own Children, as others; and as well Insideators of their ways to, and at their doors, and assacinates in their houses, as adversaries in the Field. And as for yourself Sir, may not we say of you, as Jeremy said of some in his time: A Wonderful and horrible thing is committed in the Land, that Prophets Prophesy falsely, etc. For what do you else when you say, you are obliged, as all men are, to reprov sin wheresoever you find it, and yet you justify and magnify such Judges as the true Prophet reproveth. Take heed therefore how you use your tertiam Linguam (as Walterfensis calls it) which by lying and slandering, either by way of adulation, as you do the Judges, or detraction, as you do Mr. Lilburn: the party that so doth, abuseth three persons at once, viz. ●he Speaker, the hearer, and he that is spoken of: And such leagues (saith the same Author) had the Prophets that ●…ere slain; Doeg, that was resected, and Saul that slew himself: And such tongues ●…t. Bernard calls triplicit, for the same reason; and saith, that such Sycophants as use them, have the Devil in their tongues, and Auditors in their ears, and a consenter in their hearts. And for sordid births (except I knew yours) I know not what to say to you; but suppose the tree may be known by the fruit, and well do I know, that as London, and other Cities, ever had Mechanics of as great and noble extractions, as England yielded, so the Barrs at Westminster ever hitherto had long-roabed men of as promiscuous originals, as humanity afforded: And of London births at this present, there be virtuous and honourable Chair-men at Westminster, as è converso, there be of Judges sons, hopeful Apprentices in London. Where you find Cobblers in Pulpits, it is because the Divines are out. And where you say Ploughmen ride to Sessions instead of Justices of Peace; there can be no Sessions without both, viz. Knights or Esquires to be Justices, and Blow men, (which are the best kind of free men in England) to be Jurors. And as Jurors are there, and elsewhere the more real Judges, so is their calling far ancienter, for sokmen were long before Justices of Peace 〈◊〉 England; And soccage was 〈◊〉 a better tenure than ●●…cage, or Knight's service. But a Justice of Peace, and a Ploughman do well together, not only in Quarter-sessions, but in constant households; and the eminentest, best exracted Knights and Esquires, as they have ever been the best housekeepers, so they have been the bountifulest cherishers and countenancers of their Ploughmen in their most necessary calling for the World's sustenance: and have not scorned to put their hands to their own blows, as Kings and Lords have vouchsafed their names, and associations to their Subjects, in their trades and handicrafts, to countenance, commerce and traffic.  
So not finding any more o● your Pamphlet necessary for me to answer, as this much was, for my reason given you in the title page thereof. I bid you hearty farewell.  
From my lodging in Mr. Mondays house upon Clerkenwell-Green, July 1650.  
FINIS.