It seems clear , That all Government was Originally in Families , where the Master or Father of the Family was the Prince or Chief Magistrate ; o o Haynes view Holy Scriptures , p. 81. Ral. Histor . l. 1. c. 9. sect. 1 , 2. the Obedience to whom was called Piety : But afterwards , when the World grew better stored with People , men began to associate themselves into Villages , then into Cities , and lastly into Common-wealths , and Nations ; and these betook themselves to p p Paraeus in Gen. c. 10. Hawk . Right of Dominion , l. 2. c. 4. p. 35 Arist. Polit. l. 1. a Governour , whom at first they called q q Gen. 50.7 . Exo. 3.18 & 24.14 . Pro. 31.23 . Elder ; which was not onely a name of age and gravity , but also of superiority , and Magistracy , and continued untill Monarchical Government was Erected , which it seems at first was a Government at r r Bodin . Repub . lib. 3. cap. 3. pag. 293. l. 4. c. 1. p. 412. Jun. Brut. Vind. contra Tyran . p. 95. Ex Herod . l. 2. the Will of him that ruled , and grew into Tyranny for want of Laws .

s s Exo. 3.10 , 16 , 18. & 18.13 . Willet Hex. in Exo. 18. v. 15 , 19. qu. 16 , 18. But it pleased God in favour to mankind , and for the good of his people , to establish supreme power in one person , limited and bounded with wholesome Laws : And as an affliction and Punishment to suffer Tyranny to be exercised in the t t Bod. de Rep. l. 1. p. 47. & l. 2. p. 200. out of Philo Judaeus and Josephus . world , and sometimes towards his own people , as may be seen in the government of the Babylonians , Assyrians , Medes , Persians , and other heathen nations .

u u Grot. Pol. Max. Par. 2. c. 8. Gen. 14.1 . & 40.1 . The chief Patern which can be expected , and of most certain Antiquity , both for government and laws , is that of the Israelites ; ( with whom God was most eminently present ) Albeit , there were many other Kings , long before Moses brought the Israelites out of Egypt , as those mentioned in the Book of Genesis ; besides the Kings of Egypt , Babylon and Assyria , of which w w Ral. Hist . l. 1. c. 10. sec. 1. Haynes View Holy Scripture , p. 125. Hawk . Right of dominion , l. 2. c. 7. p. 45 Ex Chrysost. & Muscul . Nimrod was the first : of these it 's not necessary to say any thing .

But concerning the Israelites , their state , laws , and government , we have most exactly recorded by Moses x x Coke . l. 7. fo. 12. Calvins case . ( the best and most ancient Writer of Laws ) in the Book of Exodus , which contains y y Willet Hex. in Exod. p. 1 , 2. their deliverance out of Egypt , with the concomitants and circumstances thereof , in the first part of that Book , to the end of the seventeenth Chapter : Then their constitution and settlement in the Land of Canaan by wholesome and just laws , z z Exo. 21.1 which were delivered unto them from God by the hand of Moses .

Now to return , after this digression : If Almighty God gave Political laws to his own people , no man dare say , but that those laws must needs be most just and equal , a a Cock Engl. Law , p. 4. and most profitable for the people . And upon this ground it 's to be maintained , That b b Lex vera , Lex bona est & aeterna , & mutationis prorsus nescia immò & eadem ubique si modò vera : nam que ingeniorum afflatu subinde locis temporibsque , interpolatu distinguitur & Protei modo formam evariat , neutique Lex dicenda est : Veteres legum latores earum inventiones esse divini muneris Arbitrati , Coel. Rhod. Lect. Antiq. l. 18. c. 19. p. 697. all laws , by whomsoever instituted , repugnant to those holy laws of Almighty God , are to be rejected , ( although they bear the Image of reverend Antiquity ) because they have not the stamp of the chief Law-giver upon them .

The second sort of men , from whom I expect a Censorious Vote , are the greatest number of Officers , Clerks , and Practisers of the Law , ( who indeed by their superstructures , alterations , innovations , additions , and other devices , have subverted the practice of the Law , and set another face upon it : ) These will tell me , That by this Craft we have our wealth , as Demetrius told his fellows , when DIANA , as he thought , was in danger . They are come into the rooms and places of the Popish Clergie , as they were called , who anciently were the Clerks and Officers in the Courts at Westminster c c These Clerks used to make all Conveyances , and wrote the Legice-books . 14 H. 8. 8. : And in such sacred Orders , that the chief of them , the six Clerks in Chancery , had no liberty to marry , until they had license by the Statute of 14 Hen. 8. cap. 8. And these are sworn , and resolved to all their old courses , tending to their profit : And therefore , if they consult about this matter , they will conclude , That many things may be amended ; as they found at their last Meeting in Staple-Inne-hall : but heed must be taken , that nothing be excepted against , which tends to the Practisers or Clerks profit . And I shall very likely hear them say of me , as I heard some of them speak of one of the most considerable of the late Reformers of the Law , that he was like the Fox in the Fable , which would have all other Foxes Tails cut off , because he had none of his own . But to such of these as are resolved still to make silver-shrines for DIANA , and to prefer these our laws , before the Laws of God ; I 'll say no more but this : d d Rev. 22.11 . He that is unjust , let him be unjust ; and , He that is filthy , let him be filthy .

To the rest of them , of whom I have more hope , that they have something of the knowledge of God and Religion , I shall onely commend that Motto , which I once saw set up in a Lawyers Study , Non quid , sed Quomodo : If this were well considered , that a little well gotten , with the Blessing of God upon it , would be better then great treasures of Iniquity ; and that the good of the Nation , is to be preferred before private profit : This , I say , would make men willing to have a happy reformation ; which cannot be had , until we be fit for it .

For that which may be cast upon my self , I do aver , Most men are like Tiberius the Roman Emperor , who said , that his time was no time for Reformation . Tac. Annal. l. 2. c. 8. p. 43 That I have had my share of advantage by the laws , equal to most of my condition in the Countrey where I live : But I do profess that now , after almost thirty years practice , I finde the laws in divers particulars of Common Right , and Punishment of some Offences , more uncertain , unequal , perplexed , and repugnant to the Laws of God , and burthensome to the people , then any Laws either of Heathens or Christians , that ever I read or heard of ; and these make these Laws cry out for Amendment .

The third sort whose Censure I must look to undergo , are the great Props and Supporters of this Law , who will tell the world , with Sir Edward Coke , That no one yet ever censured or controlled Littleton ( the Common Law ) but he that understood him not .

To this I answer , That I do not censure Littleton , more then Gods Word censures him : There is one that accuseth ( him and ) you , even d d Joh. 5.45 . Moses , for that ye are departed from the Law of God , and have followed Littleton , and other Papists and heathenish Politicians . The holy Ghost sends us to the e e Isa. 8.20 . Law and to the Testimonie ; and Christ sends us to f f Luk. 16.29 Moses and the Prophets : If Littleton , or any other Oracle , speak not according to these , whether their Laws concern faith or manners , it is because there is no light in them . But I have much hope of many of the Judges and great men of the land , that they will lay their hands to the Work of Reformation , to the honour of God ( who hath honoured them ) and for the good and benefit of the people ; forasmuch as they cannot but be very sensible of the great evils which attend the Laws , as now they stand , being repugnant to the Laws of God , as many Judges g g Sir George Crook , Serjeant Parker , Justice Ask , about Manslaughter , at W. and Co. Sir George Crook about Witchcraft exercised , where death followed not , at Cov. have hinted upon the Bench in several Cases . And this is all I shall say in answer to mine accusers .

One thing more I do affirm , That , to my knowledge , I have not in this Treatise willingly charged any thing as a fault upon the Law , either in the excess or defect , in the Theory or Practise , but what I have found therein , and proved the same to be repugnant to the Rules and Consequences of the holy Scriptures , contained in the Old and New Testament : And for such things as are any whit questionable , whether the law be so or no , I have usually there quoted the Authorities of the law for proof thereof , and put down the Scriptures as their Opposites , for their correction , and in confirmation of mine own Assertions : But where ( in matters of daily practise , every Clerk or Attorney can be my witness ) I have alledged any thing , ( as about suing to the Exigent , Tryal of Prisoners , Returns of Writs , and the like ) and have not cited any Books or Rolls for proof thereof , I did it purposely , because I held it needless , being constantly and commonly done every Term.

Now to draw to an end , lest the Gate should prove too big for the Building , I do profess , that I am not so confidently ignorant , as to imagine , that all that I have herein written , ought to pass for currant without controll ( having to deal upon such an uncertain subject as the law , wherein Sir Edward Coke himself is censured for gross Mistakes ) but rather , that through ignorance and other infirmities , I may erre and wander in many things , having gone an untrodden way , without a Guide , or any one to go before me ; there being not one Book , to my knowledge , extant of this kinde . If what I have done , shall but prevail so far , as to stir up any more wise and learned to take this matter in hand , and shew us a more excellent way , I have my reward . And I do profess with him that wrote the History of the h h 2 Mac. 15.39 . Jews in the vacancy of the Prophets , during the Government of Judas Macchabeus , and his Fellows , that if I have done well , and as the matter requireth , it is that I desired ; but if I have spoken slenderly and barely , it is that I could .