answer so may any other be esteemed who shall venture the judgement of the Magistrate for blasphemy surely there is no word to warrant death for blasphemy no not of one who hath professed Christianity but the old so called Law But most assuredly the Magistrate hath a great latitude and may to some evidently and notorious inordinate liver inflict death Whereas he who onely from consulting over-curiously the God-head by reason and not comprehending the Essence of the infinite verity and wisdom by his works shall doubt and so deny God his Power c. ought not nor can justly be punished with death by the Magistrate but for such the Congregations ought to pray and endeavor and if yet he cannot be convinced living civilly and humbly the Magistrate ought to wait with patience using all due means if so be it may be that at last the Lord will reveal this thing unto him The same in a manner is to be the rule of Idolatry for as the most horrid blasphemer will allow if there were a God for he is an Atheist he would not blaspheme so the Idolater if this were Idolatry he would not Idolize and so not tempt to Idolatry For Witches there is much less doubt for most of them are drawn by malice to renounce God whom then they must own and dammage men either of which must end in death for death For Murderers Buggerers Burglars and the like are without question as capable to us of repentance as any of these and then no one with Christians should dye for any offence And it is plain as before that in the Apostolicall Writings there is held forth nothing of the legal punishments Paul and all of the Apostles writing and bending their speeches to the Churches who were faithfull elected to be Saints and for the Sinners they were to reprehend and convince exhort and perswade and for greatness of crime or obstinacy to cast out And Paul for all other things leaves them to the Magisterial Power By which I presume it is plain that offending against the verity and purity of Christianity the Church ought to eject and offending against the purity of Righteousness under Evangelical englightenments the Magistrate ought to punish according to the Nature of the offence that the Magistrate was to follow the Churches censure as uncapable to judge of such crimes is not to be moved or that the Church could not meddle until the legal Tryal were ratified is as contrary to sound Truth Now if the Magistrate may judge he may enact Laws as it is plain from whence I conclude That the Civil Magistrate hath the power of Right to establish Laws against irreligion viz. blasphemy Idolatry and tempting to Idolatry and that in some cases with death In Witchcraft without doubt unless you shall distinguish in Witchcraft as in the other between the witch that hath covenanted with the Divel nourisheth Imps c. and does no harm to man in body or goods and they that do as in case of Heresie or blasphemous opinions private and published Idolators and inticers to Idolatry leaving the mental and opinionative part to God and the Active sensible part to man But surely this reason should as to Blasphemy Idolatry and Witchcraft have been as well considered under the Law for the Reason seems to be the same But to proceed under the name of witches I comprehend Enchanters Poysoners keepers of familiar spirits and all that have entred any actual Covenant with the Divel be it by word or writing Now that which evidences to me most strongly the power of the Civil Magistrate in and concerning these matters is that they are called works of the flesh which to the judicious Inquisitive will plainly denote the light of Nature might evince them of the contrary for they are deviations from the pure light of reason to blaspheme a God to worship or allure to the worship of a stock or stone or Image for a God or to make a league with the Divel But if you ask whether I intend this Doctrine universally as laid down I cannot agree it For first to Heathens I allow it not as abhorring the inference of propagating Religion by the Sword Next I allow it not to sober civil doubting men for absolutely prophane and perverse scoffers I yet beleeve and cannot see to the contrary but that their blood is upon their own heads As in case of Murder breaking open of houses c. and what else the Law doth punish mortally this gives much more liberty to men then heretofore But what if as Paul preached Diana c. to be no gods but the work of mens hands That a Turk should preach publickly the Doctrine of Jesus Christ to be a meer fancy and blasphemy In this case as a Turk let him be forbidden if not obeying let him be banished How can a Christian Magistrate to witness his zeal to his God and his endeavour to establish the peace of his Countrey do less But if he be a Christian that thus Apostatizes the rule is limited before But the best way is where there is just doubt the Christian Magistrate is not to go to the height and rigor of life but to seek out with all wisdom a due remedy answerable to the light of our Gospel-profession and not cease till a rule were set All the other power of the Magistrate for the well living of men might easily be included in Laws concerning Magistrates superior and inferior and people and those either living in Cities or Towns or private families whether of parents and children Tutor and Pupils husbands and wives masters and servants for all contracts houses and lands bargaining and selling c. words and deeds man and beast night and day as in warding and watching peace and warrs as the ordering charging trayning and paying of Souldiers as also punishing of them health and sickness providing for the poor But some Judicials which are alterable may I suppose now seem necessary which former Ages disallowed As for example The Battelling of houses lest any should fall from the roof so the double portion of the elder Brother And some just and rational Law instead of the so called Clergy for a safety for such offendors as it shall be thought meet to allow it to But a City is dangerous lest a multitude of evil persons might prove obnoxious except the strict Rule of its Government in the setled inhabitants may bridle the exorbitancie of such evil Guests the Law concerning a woman with child whereby her fruit departs from her and those who procure Abortion by open force or private violence Now although it is plain that all Errors of Christians ought to be reproved with much care and with all Christian information yet these sins which are so plain are to be plainly enforced by the Civil Magistrate but those others which are tending to the service not dishonour and blasphemy of the Almighty ought to be with much Christian perswasion reformed not by
persecution was not the way to eradicate Christianity and the very heathen Emperor Julian the Apostate whose heart knew horror for it as Christs politiquest and greatest enemy sheathes the sword and works by poyson but not to the body he hinders meetings under pretext of Treasons against the State and for publique safety sets up Schools of Idolatry and forces the Christian children to be there trained or els their parents dye as Traytors Now no longer Martyrs this quailes many a courage and was a great trouble and affliction to the Church but they overcome God by prayer here was the first tryal and therefore need of the greater strength They stood in the first rankes of the bataile of the Lord Christ and they were by him fitted accordingly for the combat they under went fear of death which to us is most terrible was to them unconverted frequent and therefore contemned thus was courage by example given to them should follow there is alwaies a mystery in providence secretly fitting all things to that end the Lord determines and works still for the good of his people and this preparation I take to be against the cruelty of the second beast which was to afflict the Church after the first beast the Roman Emperors was taken away the Apostles led the dance and the holy Disciples and Martyrs of all sorts followed after and that with the same faith and constancy though through variety of Torments and the persecutions were so violent that one of the learned amongst the Ancient Pastors of Gods Church Records there was but one day in all the daies of the year which had not been defiled with the death of at least five thousand Witnesses to the truth of Christs Gospel under the ten persecutions of the heathen Emperors and this is notorious that the worst Emperors were Christians greatest enemies seldome so much the zeal for the Gods as envy at godliness and coveteousness of riches the Christians goods filling anew the empty treasury exhausted by intemperancy of the Emperors or covetize of the Courtiers who were as they ever will be like graves never satisfied and is it not strange that a crucified God witnessed by the meanest of men fishermen should be thus followed and should break forth so gloriously amid flames and furies of all sorts yea every thing that was projected to over-throw it the demolishing of the outward Temples the burnings of Scriptures made but more pure though more secret meetings otherwhere and made them get the word into their hearts and memories for it is wonderful what labor the ancient and primitive Christians took in getting the Apostles writings by heart where it could never be extinguished but they should reap a greater light by it and thus God tried his Church purged and purified it by sufferings for three hundred years and not a Bishop so called of Rome or Pastor of the Church there in all that space but either suffered persecution or died Martyrs yet even amongst those Emperors persecutors God left himself not without witness and which is most notable in the worst man and cruellest to Christians Maximinus who at last glorified the God of the Christians and by new laws gave them immunities and privilidges above other men who before were thought worse then brute beasts Trajan Antoninus and others by providence in his mercy moderated and slacked of their fury to believers but never acknowledged him as this man did though he might back-slide but this is notorious that the Pagans alwaies believed God hated or the Gods hated the Christians because they saw them afflicted judgeing eternal love still by temporal favour and now to shew and evidence his power in that also and to convince the Enemies of this truth he not only gives a respite a cessation of miseries and afflictions but to shew his power all one the suddain by unexpected waies raises up contemned Christians to Thrones and Scepters and all the grand ones of the world are but the rewards of religious purity to the true God and now the poor banished soul ship-wrackt and lost as it were is brought to a haven of rest now Churches built now who so glorious as the greatest sufferers and in these daies of tranquillity the sence of present joy did more then counterpoise the sufferings past the poor Bishops are now the Emperors fathers endowed with livings and if fame lye not The Romane Bishop stole what Constantine never gave but the Decree was not unsealed till a long time after and this is Constantines pretended donation but sure it is Constantine did highly honor all the worthy ministers of all the Churches in whom the Vertue Piety and Doctrine of Jesus our Saviour was exemplar and now there is a new face of the world and surely the Christians now think themselves very happy their Emperor a Christian the power glory riches and honor of the world theirs now peace now plenty ensue and what can their hearts desire that they enjoy not The Dragon the persecutor is now gone and what doth reason suggest Now they will serve God gloriously before the service was mean and contemptible scorned by heathens in private and secret in a private house nay Barn Stable Cave or Grot any where so they might but serve him at all to live and praise him was all they looked for they were in Aegypt in bondage before the whips of the Task-masters were upon their shoulders or at best but in the wilderness but now they enjoyed Canaan the land of rest now build the Temple hew the stones lay the foundations and erect not only chambers or lodgings for the Priests and Levites but the Singers the Porters and all the train of due and orderly service and hearts were willing to the work and then purse and hand was ready and now all on a suddain the whole world is turned Christian and all the provinces of the Romane Empire crouch under the Standard of the Cross and the highest Purple adores the woaven Coat of our Saviour and now the Pagan according to his principles worships the rising Sun Thrive Christian and I am a Christian but otherwise adue Christ and God and all But they might go far who had such excellent leaders when their Emperor and Princes shewed in their exemplary life the power of Godliness so that the difference was evident betwixt the sincerity of Christianity and the vanity of Idolatry for it s reported of the Emperor Constantine that he was not so much a Conqueror of his enemies through the power of faith as of himself all passions subjugated to the rule of his Saviour he eat to live and lived to magnifie his Saviour and knowing he could never attain the height of that perfection which his Saviour had and he aspired not unto yet as he had commanded so he imitated and made him his rule and his pattern his recreations were divine Contemplations and his private discourses betwixt God and his soul were as Paradise to his soul
war discourage the souldier and in fine ruine them giving the King time to raise new forces at all times if they could not gain his person and this experience taught them so that after many cumbats their Armies streighted and broken in great part their full purses being profusely clean emptied for who being an English man did they think would have opposed the power of the Nation for a sole persons sake but by the just hand of God and to bring to punishment such offenders as the legal sword would never reach he inclines mens hearts to follow the King most of them yet Papists or meer formal Protestants and debaucht ones the generality of the so called Nobility Gentry and Clergy especially all in honor or that bowed to that Idol among them were also many men of very tender conscience zealous of truth and performing at least to men righteousness On the other side were at first all the vulgar all men generally eying God in his wayes of providence poor despicable creatures yet full of faith and knowledge these were of several opinions concerning God his Names Attributes Essence our Saviour the holy Spirit his service their own duty publike and private that is their duty to God and one to another But two especially were powerful in adherents The one called the Presbyterian the other the Independent the main differences twixt which I shall as far as I can here succinctly lay down not upon their nice critical distinctions as Schollars so called but in the plain way of rational difference Now truly I see no difference as to the points of faith they acknowledge both the Father Son and holy Ghost the end of the Sons mission to offer salvation to all but effect it onely to those believe on him whom he hath elected before the world began in due time calls and at last saves not for their works sake or ought in them but as he elected them not because of foresight of works but of his free grace so he saves them that good works and obedience to the Law are the outward Testimonies of a Christian but not infallible for the Law condemns no ne can perform it That Christ onely justifies They indeed seem to differ about obedience to what Law the Presbyterian having still an eye to the at least equity of the Judicials but I presume if throughly examined easie to be reconciled Their main differences then one would think might be easily determined but they are thought vast and irreconcileable and they are these First whether an outward and visible succession derivative not onely from the Doctrine of the Apostles but also from their calling so supposed is of necessity to the true Church which is really the same difference betwixt the Presbyterian and Bishop and Bishop and Papist the Papist urging it against the English reforming Bishop and so the Bishop against the present Reforming Presbyterian and the Presbyterian against the Independent so called now the plain Question hath this involved difficultie in it as I conceive That is what necessity of imposition of Hands for if it doth confer Grace an Apostolike vertue being tyed to the Successors of Bishops Priests Deacons upon that promise of Christ What ever ye bind on earth c. or I will be with you to the end of the world or inclusively from the effect of imposition That they receive the holy Ghost then it is of necessity but if it be but declarative of the designation of the person to the office of the Ministery then it is not of necessity unless specially commanded which wil also here shortly determine the business of Confimation of Infants which may seem to have warrant thus far in Christian Congregations That men and women baptized Infants and after they come to age walking blamelesly may and ought openly before the admission to the Ordinance of the Lords Supper be examined by the Pastor the Congregation or such as will present concerning the hope of their salvation which allowed to pray for the blessings of the Lord upon them and to confirm and strengthen them in this faith I believe is and will be acknowledged and duly practised in covenient time And last and in chief the Independent hold forth the particular Rights of particular Congregations that is each Congregation is subject to no other head but Christ in the things of Christ that is to govern it self according to the Scripture without any superintendencie of one or more persons or Churches so called that is Congregations of Christians The Presbyterian differs upon this as holding forth no order but introductive of an absolute confusion Now the reason of this high judgement is indeed upon very high consequences which rather the practises then the principles of the Independents declare for let the Presbyterian speak out and he saith the Independent razes the foundation of Church Government several ways and to profess the truth their Tenents tend to thus much and no more nor otherwise destroying Government or order That Rome is Mystical Babylon literally That all the Nations Provinces and Kingdoms who partake of the fornication of that spiritual Whore that is walk upon her ground-work shall partake with her in her plagues that this Cup which is in her hand all Nations at least called Christian have drunk deep of That the so called Ministry of England holding no Call but the outward or that principally and this derived from or by the corrupted Whore of Rome is no true Ministry or at least not the true Ministry That neither are the so called Lords Bishops nor the domineering Classis of Elders whether Parochial or Provincial the officers of the Church warranted in Scripture for the designation of Pastoral duty or ability That resting in the whole Church or community of believers gathered into Congregations That all of them being corrupted nay lost both in Doctrine and Discipline are to be gathered anew all that are in the Parishes though holding forth the profession of Christ yet walking clean contrary are not by the power of Baptism or that Covenant implicite that is being bound not by their own words but the confession and ingagements of others absolutely in the Church and so to have right to the Ordinances of the last Supper but that before they be received they ought to give satisfaction to the Church that is that company of believers to which they shall joyn themselves of their faith and the hope they have of their salvation and walking accordingly and these are hence justly called those of the Congregational way commonly called Independents Indeed the Presbyterian holds the same with the Bishop in every point onely the person of the Bishop as the Head or Angel of the Church is he in whom saith the Bishop the power of the Church specially rests and the great trusts of Ordination and Confirmation and so Excommunication The Presbyterians say in the Eldership The Independent in the whole Congregation It is truth these things were and are
otherwise received by the vulgar and multitude The Independent so called being burthened both by Bishop and Presbyterian with all calumnies as the Presbyterian being envied much by the Bishop being as his Opponent and by all their followers and that just as the Papists had in the first Reformation branded the Church so called of England governed by Bishops but denying the Supremacy of the Pope and therefore cursed by them as Hereticks Schismaticks Adulterers yea Heathens for by their rule we had no Ministry no Sacraments and so consequently no Church because not holding of their head the Pope And in the word of a Christian so doth the consequence of the Episcopal and Presbyterian Doctrine brand the Congregational way for they say no Ministry but so derived as by Succession from the Apostles and that admitted they must hold none have power to administer the Sacraments They all differ also about Government in the Church the Bishop and Presbyterian much what alike both indeed making the officers of the Church the Church as Rome doth so as the Church taking the Government solely into themselves count all other Christians as Lay-men they had as good say Heathens if throughly scanned and they onely the Clergy the Priests of the living God so indeed claim a magisterial power by the same Rules Order Arguments and Distinctions and Differences as Rome doth yea over the Supream Magistrate making him their rod of iron to thresh the Nations that is all opposers of their Classical Edicts These men gave the Magistrate no more power then the Pope for as he so they were the Church the holy ones the Saints at least representative To these men at first gave great regard but many wise Heathen Lay-men feared these mens unskilful lording it over the Lords Inheritance for they presumed these rash Novices in civil Discipline would drive higher then the Bishops who had gone before them Surely if the Bishops men trained up at the Courts of Princes after they came out of the Halls of Lords for the Chaplains of great men came generally to Episcopal Thrones or Chairs and so had still had a reflection upon the order of civil Government and had undoubtedly improved their natural as well as so called spiritual Talent if they had lost themselves and ruined Government through error in Judgement c. or dependance what would these who came but from the Pedantical Tyranny of the Universities and foolish idiotisms of puer-putes I intend this to meer Scholars and give them but their own language which I presume they cannot but apprehend These considerations made the Parliament at Westminster while yet unshattered otherwise then by defection base unworthy defection they should as men have had resolutions worthy their trusts but their cause it seems gave no courage at first to declare against these powers of Parishional Presbyteries to this effect that they did not intend to raise nine thousand odd hundred Seats of Judgement or Judicatories that is so many as there were Parishes of England the least of which should have more power then the Parliament of England And I think few men knowing but will agree that the name onely of Bishop should have been suspended or extinguished but the same power yea that so called by the Presbyter unjust being exercised by the Bishop the preheminence being now in the Presbytery the same had been allowed and indeed it pleased God so farto give way that these men were throughly tryed for the Parliament did not seeing all at once constitute Elderships to be chosen and improved some men whether intentionally as supposing that Discipline best or so called politickly to discover their temper I determine not But these men presently fall hot upon the work and what had but just before ruined their predecessors the Bishops and been their stumbling stone namely the Non-Conformity of the now called Presbyter becomes the Presbyters rock of offence against the so now called Independents And to assure this after the manner of the Apostate Church they call for the secular power or the power of the secular Sword and an Act was said to be prepared they talked much of it That Non-Conformists should have a liberty to bear office either in Church or Commonwealth It is truth the rigidity of some its probable seeking not onely the Supremacy of power but an addition of wealth for by them also were sought outward honor riches Lay-power so called and what else was of the old Babels trash to adorn the Church and by them called the Churches Rights bounding it to the so called Priesthood was by these as much eyed as by the veriest Babylonian in the world and the Commonwealth of England still made the Stalking-horse to their lucre and the base men of a rout of people so called also Cleri or Clergy men in whom if St. Paul left the Qualifications right set down were rather the Priests of Bacchanals if not of Bacchus then Pastors of rightly constituted Congregations and these altogether take advantage of an Ordinance made for Tythes to give the denied treble damages they also upon the same grounds get Acts Orders or Ordinances for uniting Parishes and could inform untruths for advantage which appearing the union is for malice not conscience of the complainer dissolved for could the persecutor have had his Tythes but for half value all had been whist but the Priest saw not where such agreement would rest he might undo the Church that is his Successor by that means Wills Probation fixed as they were under an incertain irregular way and illegal till established they continued the Marriage of persons as a Sacrament to be the proper work of the Priests Baptizing Infants the eighth day held if not by the wisest yet by the most of necessity to salvation Yea some held That the Sacrament of the Lords Supper was a converting Ordinance and so to be administred to all to whom the Gospel was to be preached namely the most prophane of any This to many seemed rather an allowance Politick then Religious to gain a party then to give forth a principle untill some leaders were found publickly to avow the Tenent but this licentiousness lost them the best and most considerable party I shall not further wade in these Controversies nor had I gone thus far could I have otherwayes well cleared what is to follow Namely that the Magistrate eyed these Tenets as sorting with or against his interest and accordingly seemed to allow or disallow The Presbyter struck so high at the root of Magistracy making them their meer Executioners and bringing by Text of old Law what was given to the Priests more imperiously into the Cleri and on the other side the so called Erastian giving all to the Magistrate not as of the Church or in the Church but meerly from the Civil Jurisdiction and totall subjection of the whole course of so called Priests unto the meer will of the Magistrate either by doing or suffering not allowing an
your best judgements and lay out your most unwearied labours notwithstanding all discouragements either from malice envy danger or any other cause whatsoever to promote the same so far and so fast as the subject matter will bear and assuredly the blessings of Heaven will attend and follow you and your Councels otherwise be assured when God hath made use of you for a while the Lord will cast you away as others before you and your place shall no more be found for the averting of which judgement and setling this Nation and the Government of quiet and peace upon the foundation of Truth and Righteousness is the prayer of Him that zealously and faithfully endeavours and prays for the peace and happiness of the Commonwealth CHARLS GEORGE COCK The Table THe Creation of man and the end of it pag. 1 The fall ibid. The restauration ibid. How God Communicated himself to man before the fall ibid. How after the fall ibid. Gods Law given to man ibid. How that wrought ibid. Whither this extended to all men ibid. The extent of that Law p. 2 Gods Law against murder ibid. Adams and so the Patriarchs power ibid. The Law of Nature purely tends to parity ibid. The dispersion after the flood ibid. The original of it ibid. Who was then the Prince or chief ib. and p. 3 How Lands were then divided ibid. How wars began and servitude p 3. Gods choise of one peculiar Nation ibid. How the rejection of others wrought ibid. How Abraham a mighty Prince ibid. The Patriarchs sin and infidelity ibid. Gods peculiar people Bondslaves ibid. Moses what and his Judgements ibid. and p. 4 Not exemplary to our present Magistracy ibid. The first law of Moses p. 4 God rejects not Jethroes counsel c. ibid. Gods Law of the second Tables and their division ibid. and p. 8 The supplement for instruction of the people ibid. and p. 8 His successors and how chosen ibid. and p. 5 To Samuel and so to Saul ibid. Whither he and so Kings be of divine appointment ibid. God chooses David and Salomon and rejects their successors ibid. Gods special spirit ceases in hereditary Kings p. 6 The influence of good and bad Princes upon the people ibid. For sin the Prince is rooted out ibid. The Principality sold ibid. Christ expected by the Jew ibid. and how ibid. What the Patriarchs were and how the promise of outward blessings was made good to them ibid. and p. 7 The Nature of the first Covenant so called p. 7. and 8 The end of Gods Law given to man p. 8 The severity of that Law ibid. In obedience to this they placed Salvation p. 8. and 9 Whither these were the best Laws for all men p. 9 All Prophesies and Prophets related to these Laws ibid. In what condition Judea stood at Christs coming in their diversity of Doctrines and Opinions the Temple defiled yet never more outward profession and holiness p. 9. 10 Christ birth and the Manner p. 10 His obedience to the whole Law ibid. and p. 11 John a Preacher of new Doctrine yet regarded and followed by the Rulers ibid. Christs Acts and Doctrine ibid. Pharisees and Sadduces the greatest pretenders to Religion in Christs time Hypocrites p. 11 Christs Doctrine that there 's no Salvation by the workes of the Law ibid. The purity and strictness of his Doctrine ib. The liberty Christ gave on the Sabboth to and in what it lay ibid. The Jews scandal him and his Miracles ib. The inference if Judas received the last supper p. 12 How the high-Priest prophesied at Christs death ibid. The Doctrine of the Apostles the same with Christs ibid. The Apostles had the Spirit but not all alike ibid. The call of the Gentiles ibid. How manifested ibid. The Apostles not infallible in all things ibid. Whither the Gentiles ought to observe the Law of Moses ibid. Wherein the Quere rests ibid. First Quere concerning Circumcision the debate of the matter and by whom ibid. and p. 13 The sentence p. 13 The stile and phrase of it ibid. To whom directed ibid. By whom received ibid. Division and strife among the Apostles ibid. Paul circumcises Timothy after the sentence at Hierusalem ibid. Why controversies arose and God permitted them righteousness opposed Sathans wiles ibid. The spreading of the Gospel p. 14 The Apostles urge the letter of the Law called old against sin ibid. Not two Covenants viz. of works and faith But one diversly demonstrated ibid. What part of the Jews Law so called vanished with Christ what remains ibid. Sects in the Apostles times and how arising ibid. What is a Sect what a Schisme ibid. What remedy the Apostles used ibid. His Doctrine thereupon p. 15 The continuance and eternal duration of the Gospel of Christ ibid. That the professors were subject to afflictions ibid. That they ought not to be discouraged thereby ibid. Persecution of the Gospellers or Christians ibid. Hierusalem the Carcase the Romanes the Eagles to devoure it ibid. All evils charged by Heathens upon the Christians ibid. The ground arising from misinterpretation of the Christians Principles ibid. Heathens and that of the wisest witnesses to the Christians Doctrine and that in tortures p. 16 The purity of Christianity under persecution ib. Their defection in tranquillity ibid. The painfulness and contentedness of pastors ibid. Who Pastors and their duty c. ibid. Julians policy to eradicate Christianity ib. The effects ibid. Worst Emperors Christs greatest Enemies ibid. How the Gospel grew when Scriptures were burned c. ibid. The purity of Roman Pastors so called Bishops in the Primitive times ibid. Pagans eyed prosperity as the sign of Gods love ibid. God exalts Christianity to the Throne ibid. The purity of the Prince and how it wrought ibid. God now afflicts his Church with error p. 18 The spreading of it ibid. God punishes with the sword of Barbarians p. 19 Error encreases ibid. Piety of some professors converts Barbarians ibid. Pope of Rome affects the title of Oecumenical and queries the power of Emperors over them ibid. The Quere arising among Christians ibid. Britain receives the faith ibid. Bishops of Rome erect Judicatories p. 20 Gain large temporalties c. ibid. Admitted infallible ibid. Arbitrates the controversies of Princes and claimes it and upon what ground ibid. The title of the Pope and Bishop to all power ibid. The imitation of the Ceremonials and Iudicials the foundation of all errors in Church and State among Christians ibid. The Clergy encroach upon temporal Magistracy and Jurisdiction p. 21 An universal Monarchy intended with Christians ibid. How all things led on to facilitate the designe ibid. The pride of the Clergy and from what Ground p. 22 Many Laws altered in England upon the comming in of Christianity ibid. How whole Nations came to become Christians at once ibid. Popes labor to gain the right or use of Appeales from all Nations ibid. Some Princes oppose and the reason p. 22 The evil effects of this claim ibid. Especially
Christ was and laid The same the Disciples Apostles and others use and build with and upon and in the same way according as they received light which was not all at once I pray observe that they had the spirit all but all nor any of them had all the Spirit they had their portion the grace as Paul saith which was given some in one kinde some in another therefore they first apply themselves to the Jew our saviours rule while he lived was Into the Cities of the Gentiles enter you not but go you first to the lost-sheep of the house of Israel but after a time God manifests by the vision of Peter so God taught him first after by pouring the holy Ghost upon the faithful house of a Gentile that they might be baptized and now after a disputation and satisfaction from Peter of these things they that were infallible in particulars which the spirit gave them were not knowing and sometime erred in what God yet revealed but to Peter I pray note this but now freely they preach to the Gentiles and zealous Paul of a persecutor I say no more made a preacher he goes especially to the Gentiles and with much labor and travile and with many dangers preachers Christ but the Divel is as busy as may be he feared not these men who had received the holy Ghost and had abundance of the spirit he throws his stone and hath Agents enough to roll it now the Gentiles are admitted without dispute the question is if they be not bound to Moses law I finde no question of the moral the scruples are concerning the judicial and ceremonial the first question was concerning some that taught the brethren circumcision was needful to salvation this controversie which hath filled the world so called Christian so full of controversie from that time to this present day as namely whether we be saved only through the righteousness of Christ apprehended by faith or have need also as to salvation to observe the Law that by the Jew was meant of the visible law ceremonial by the Christian moral c. The wits of the world saw not then the evidence of the spirit nor would acquiesce in the resolutions of the very Apostles themselves so that the congregation at Antioch being hereby in great disturbance were enforced to send Paul and Barnabas to congregate the rest of the Apostles at Jerusalem this upon a full meeting was to receive its end and determination where being recieved of the church Apostles Elders and brethren who were called together and the matter publiquely debated before them the result of which Peter declares to the Church or multitude of believers evidencing by the letter of scripture and that of the old Testament which surely is one of Gods witnesses That the Lord in calling the Gentiles who were uncircumcised which before was the visible condition of salvation declared and testified That salvation was in Faith without any Oblation to the Law But mistake not I intend not here as if the Question were of abrogating Moses Judiciall but that Salvation was not tied to the obedience to that or the whole Law but only through the grace of the Lord Jesus which being allowed by James he gives his sentence that the believers of the Gentiles be not yet till further instruction tied up too close to the severity as their vain liberty will account it of the Jewish rigor but in those things which will cast too great an odium upon us with the Jew as participating in Idoll Sacrifices whoredome the great and ordinary delight of the Gentile and in eating any thing strangled or bloud as being a precept highly esteemed with them le ts in these write to them that they abstain to which all agreeing it seemed good to the Apostles and Elders with the whole Church to send this their resolution in letters by certain of the Church at Jerusalem together with Paul and Barnabas the stile phrase and order of which holding sorth still the pattern of Christ their Master and Teacher's meekness gentleness and lowness the Lamb dumb before the shearer and testifying their unity in Christ their head take notice of in the parts the Inscription whereof was The Apostles Elders and Brethren unto the Brethren not the Elders nor Officers but Brethren which are of the Gentiles in Antiochia Syria Cilicia send greeting in the body Forasmuch as we have heard that certain of the Church of Jerusalem or Jews have troubled and cumbred your minds saying you must be circumcised and keep the Law to whom we gave no such commandment to testifie which we send eminent men in the faith to you for it seemed good to the holy Ghost and to us to lay no more burthen upon you then these necessary things that to the end no offence be given to the Jew you abstain from things offered to Idols bloud things strangled and from fornication from which if you keep your selves you shall do well fare you wel Here was no charging willing and commanding from the sacred Synod no Authorrity of the Church urged more then the note of intimation that what was done was by them who had received the holy Ghost The issue is also considerable for these Commissioners of the Churches both of Antioch and Jerusalem comming now to Antioch I pray consider their carriage they assemble whom the Elders or Preachers no they would not tie the people to believe implicitely therefore they assemble the multitude all the believers and there they deliver the Epistle which is read with joy for the consolation This done Satan is at work again raising strife and contention betwixt Paul and Barnabas so that they parted company wherein I pray note the children of God nay the chosen vessels yea consecrated by the actual operation of the Spirit are subject more or less to humane frailties consider further Paul after this decision of that great controversie at Jerusalem yet by and by he circumcises Timothy to give content to the blindness of the Jew and was never called to account for it either at Jerusalem or Antiochia and though himself at the same time delivered the decision of the Apostles and Elders at Jerusalem to those converted to the faith of Christ in the Cities about as they travelled to establish their minds in case either the controversie concerning the Laws necessity were there raised already or might right rise afterwards by this humane Wisdom labouring to prevent a further increase of that controversie And if it be queried why they did not miraculously do it as well as heal diseases and such like Know O man that it was contrary to Gods Ordinance he appointed preaching to convert the world and miracles were Trumpets to call the people together and prepared them to receive the Word and with the Word God gave grace as he pleased and that this must be so is plain for all that saw the miracles attended not to the Word and all that did both were not
converted Thus you see the devils beginning he presently raises up controversies in the Church and also persecution without the Apostles are imprisoned but for magnifying Christ one condemned to death as a traytor an enemy to Caesar See it was the doctrine of Righteousness was opposed but Treason is charged how many Christians have played fast and loose for this cause with Christ for could they have suffered as Martyrs and had the point of Controversie been the main of their charge they would have stood it out to the last but that being but by the by and Treason or Disobedience to Powers the chief they faltered but the Apostles and Disciples through good report and evil report went on in the Work and great wonders were every day done confirming the believer and astonishing the opposer so that now in the greatest Cities of Asia Greece and Italy the Gospel is preached wherein the believers of all sorts have the same rules laid down which Christ delivered to his Apostles clearing still the righteousness of the Law but not placing Salvation in obedience to it as is manifest in all the writings of the Apostles and by them as by our Saviour urged by the Letter of the old Testament declared by the Prophets against unnatural lust idolatry coveteousness maliciousness envy murder debate deceit frowardness extortion pride boasting idleness haters of any good doers of any wrong inventors of any evil disobedience to any power ignorance breakers of Covenant without naturall affection unappeaseable merciless and that these are worthy of death he appeals to the Laws which if he meant of nature to the unconverted Gentile whose morall strictness was most admirable then surely to the converted he much more intended the Law of God given by Moses unto his people according to an everlasting Covenant being of generall necessity and convenience under the Gospel as during the Law and by those Laws he saith the offender deserved death and surely that particular cruelty was universal mercy and in and through all the writings of Scripture there is urged not onely a necessity of having but of obedience to the Law but for civil benefit not as saving but as found general in those whom God had elected as St. Paul argues strongly in shewing the nature of the Covenant with Abraham to be universal to all believers so that it was a Covenant of Faith and if I be not mistaken it is plain the Covenant is though called double yet not liable to that distinction of Works and Faith but that which was through the veil which was then upon the profession of the Law placed in the obedience onely to the Law and so called of Works was now unveiled and declared to be onely by Faith but withall evidenced that that faith which was not still working was dead and the testimony of our faith to the Church was our works and I see not but that the outward promises or promises of outward blessings are still the rewards of legal obedience and for the reward of faith I see no promises but of eternal bliss and though the faithful keep the Law yet they rest not now upon the promises of the Law but the glad tidings of the Gospel sound in their ears and they are fixed upon the Allelujahs of eternity Out of all which we may gather That the Law not only Moral but Judicial being not absolutely and necessarliy proper to the Jew onely as being either Ccermonial or alluding some way thereto was the obligation of common or civil and also of Christian equity to the whole Church believing in Christ whether Jew or Gentile which is plainly manifested through both the Testaments but now all the Ceremonial Law being Typical of Christ that was abolished so that as the shadow vanishes when the substance appeareth the proper Priestly function service sacrifice rites and all are buried and will God now leave no Rule of Faith no worship no day no order no government no maintenance Let us see the way for this First Christ taught then his Disciples then each Christian instructed one the other and upon this ariseth Sects and Divisions even in the Apostles times some were of Paul some of Apollos some of Cephas so that now what was the Church of or in a Province was or might be divided into several Congregations and that either differing in a Circumstance yet holding all the head in one Communitie of worship upon occasion and so onely a Sect or differing in opinion in things not plain but doubtful or else in matters which were counted of such value or so nighly concerning the principal points of faith that they did as it were rent from the Head and would not admit admixtion which were the producers of Schism and this was or ought to be as was at first supposed onely in heresie things or opinions inconsistent with the rules of Christianity which either did appear or it was declared would appear in Pauls time Now how doth Paul deal with these Truly what power he had concealed that he either used not or pretended not unto is not possible to judge of but what he used was according to the nature of the Covenant explained which was of faith for the works of the Law in literal obedience man may enforce obedience but Grace is the onely gift of God and therefore he onely useth the sword of the Spirit which was the Word powerful indeed in a right and skilful hand and no other he informs and labors to enlighten them that Christ was the head and if a member were divided from the Head it was no longer a member and tells them plainly that Christ was the foundation and who ever laid other however wise in the sight of the world whether of worshipping of Angels mediation by Saints abstaining from meats forbidding to marry observing of daies and all such like though they had a shew of wisdome in voluntary humility and beating down the flesh yet they were will worship the gate for Sathan to enter by and by carnal seeming wisdom to build with hay and stubble and daube with untempered morter yea to change the truth of God into a lye through the decieveableness of the flesh for these precepts of men being admitted first as explaining the will of God were then accompted helps then necessary then matter of faith and this prophesie who is so blind that hath not seen fullfilled therefore he advises to beware of vain humane wisdome or philosophy which was bewitching and tells that this mystery of iniquity began to work and would work and that there would spring Heresies yea that it was necessary but from the Gospel no one must depart no not though preached by an Angel from heaven and least the people of God should be discomforted by the afflictions and persecutions of the Apostles and other disciples and professors it is often plainly declared they must look to tread the trace which their blessed Saviour had done who was the high Priest of
yea such was his diligent and awful constancie that his Pavilion was his Oratory for divine Service he would not neglect his hours of prayer amid the greatest dangers and troubles of warfare yea such was his zeal that you could not distinguish whether he were the better souldier or most excellent Preacher and who would not haste to be a Convert in this season of blessings and as his care was so wonderful for the soul he neglected not to put in execution good Laws and where need was to make new his care was for the weal of his people he sought his peoples good more then their Goods and approved himself the common father of his Country by his sea of bounty which all pertook of freely the Orphans not onely educated but maintained to which he not onely employed the publike money but out of his private Treasury he afforded largely he would relieve the necessitous begger but caused to be sought out the modest needy wretch and comparing qualitie and necessity he fitted and proportionated his bounty accordingly so that to eminent vertue he hath given entire possessions yea himself sought out the desolate and afflicted and all his Laws now tasted of the radiences which Conversion had generated in his soul and were not onely moral as agreable to Nature but also Christian as savouring of that enlightment which our Saviour in his Preaching had given to the Law and surely here was a glorious Court where the Prince himself gave such examples how did the Nobles the great rich and powerful follow especially when the wise Emperor had fained a little inclination to Apostacie and disgraced the fawning parasitical and hypocritical Courtier and exalted and entrusted the faithful to Christ though not obeying the Emperor and it was indeed admirable all was wonderful the Fathers of the Church were the Emperors Councel not out of their ambition or his necessity but to shew his actions feared no Monitors and his Councels should be questioned by the strictest Christians and what might now be feared was then reverenced Thus did the Church flourish but see here the devil was not conquered though his Agents were he now must go another way to work a wily Serpent he is can turn himself into many folds and therefore he now attemps new ways of tortures afflictions and when the forraign enemies of the Church are beaten down and conquered now he makes them enemies one to another hitherto the common calamities had hindered the growth of divisions the Sword was the Lords avenger he now suffers another nay Prosperity ushers in Pride Pride Ambition and that Envy as well as Covetize and out of all these springs up Arianism the first great and spreading error to usher in that fatall Apostacy so long before prophesied and if we look into the ground-work of it or the foundation it was Philosophy or searching into the secrets of the divine Decrees and the reasons of them the Arcana of the Trinity the extravagant curiosities of able idle and yet active wits set on by the itch of vanity and singularity from the ignorance which they see in others and the applause of novelty from such as count all things wondrous that is above the sphear of their own capacity and this was the first comet of the kingdom of darkness which in its growth threw darts of plagues and poisons insensibly into the hearts and veins of the professor of Christ in its glorious condition which to remedy there is by the Emperor a general Councel called note that was the then unquestioned remedy wherein though condemned by the power of mans Vote yet nevertheless continued his strength and was not vanquished for the Emperors and all at last submitted unto this rage of the flood of error untill God in his time who orders the rise and fall as lasting of all things turned the stream into another channel after by the Synod of Jerusalem that heresie was tollerated by absolution of the Patron which the Councel of Nice had condemned and by this tract of time sin growing speedily the Papacy began now to lay another step to the grand defection for the pride of the Pastors was now grown so great and the revenue so eminent that the Fathers of the Church fight for the Papacy and if the man-childe born the Church went into the Wilderness that is no sooner did the Lord cease afflicting his Church and gave riches and glory and honor but the purity and integrity of Ordinances ceased and if you would finde Christ anywhere it was among them that were either in the Wilderness those holy ones that were through acerbities past so taught the vanity of the world that nothing could bring them to the trial of the world again or those that though they were in the City were yet as in the Wilderness such as over whom the glories of the world had no power Then surely now the Church was not to be found except the two witnesses of the Lord I mean the two Testaments were his Records for if the Pastors were thus changed how might the people err And surely from this time I count the Prophesie of Antichrist began to be manifested and the Apostacy and great defection to appear for immediately under the reign of Theodosius the younger when Alarick the Goth subdues Italy and takes Rome Sosimus then Bishop of Rome affects the title of Oecumenical and claims as proper to the Bishop of Rome That nothing in Ecclesiastick affairs should be ordered without his consent the first linke of the chain of perdition A non after rises the Nestorian heresie then the Eutichian and thus the Lord punishes his Church now before the evil was the Sword now Error the greater plague of the two then purity increased now prophaneness yet I cannot say so much prophaneness for even the lives of the then Heriticks are a shame and condemnation to our present Christians yea even in the defection of the Saints how many humane excellencies appeared what austerity what voluntary poverty singular chastity admirable constancie unparallel'd charity And thus grew the glory of Christianity so that the Barbarous Nations who were the scourges of Christians sins were the admirers and in some kinde the imitators of their piety and it pleased God there was yet some wheat amidst the field of the Church excellent in all the qualities and ornaments needful in a disciple of our Saviour by whose industry and faithfulness great part of true Christian purity was not onely continued but also propagated as well as errors and heresies in great part vanquished so that the splendor of the Church of Christ was great and powerful and so much the more as for that the Church-men had now made some Quaeries concerning the power of the Emperors over them as being the servants of Jesus Christ And also of their power over Emperors the Emperor being but a believer they officers he set apart yet but for civil ends and Government they for sacred and
Images first into the Church only then for private devotion this was contrary to the Jews order but they answered first the Jews made pictures of false Gods they of the true the Jews in the shape of beasts and other Creatures these of man and that after God appeared in the likeness of man the Jews of God whom they had not seen they of the Lord Christ the Jews worshiped the stock the representation they had it only for a remembrance but these admitted now follow miracles which they call the sign of the true Church but that they might the better uphold their Monarchy they look not only to get some particular as the most ordinary and useful causes falling among men into their Jurisdiction as probate of Wills allowance of Marriages tryals of Adultery and Fornication but they labour to frame the Civil State according to the mode of their Ecclesiastick Hierarchy whereby the one should stand as a Bulwark to the other in the day of opposition The word yields the foundation to reason and reason of experience joyned with the interest of practicers confirms the the word and even from this time there was the foundation of an intire and universal Monarchy among Christians laid for it was supposed as truth that the Church of the Jew was the pattern and Type of all the Christian Churches that they were all to live as Brethren both under the Ecclesiastick and civil Regiment yea that not onely between beleevers of the same Nation but of the remotest parts of the world there was such a tye even by the right of profession that for their relief we ought not to plead too strict a property in our goods but freely to communicate to their necessities whether the same were by reason of persecution or famine or such like or other accidents of providence and founded indeed the whole fabrick of their Government upon the rule according to the Jewish Model and by degrees exterminating those Laws which were spied to be disadvantagious to their interest and for the absolute power of Princes as they saw occasion from the troubles of the Empire the weakness or religiousness of the Emperours indeed every thing according to the order of times made way for the accomplishment of the intended vision But this was no great piece of difficulty for the nature of the matter led them easily to it as it seemed for the Laws even of the Romanes from whom all Nations almost had received their general rule of Government however at first mishapen and rude yet after polished by modelizing according to the rule of the Jewish Tables and not only so but of many or most of their judicials for indeed where can we have Laws more agreeable to natural equity then the Almighty wisdome there proposed so that the Arabians Aegyptians Asians yea and the only not barbarous Greeks founded or framed their generals upon or according to that incomparable order and in their ministrations did not much differ from the Hebrew originals but this premised that the whole body of Christians was but one Commonwealth and that under the head of all immediatly the Lord Christ Jesus it seemed to follow by this that he must have his substitutes on earth according to the nature of men one as Priest chief for the service of him to govern these men as Saints another as King who was to rule and govern them as men according to the Law of God in righteousness and holiness but all to be bound and loosed as I said before by his mouth only who had the key of Knowledge by a now received infallibility which was without much difficulty effected The Bishops and Clergy-mens lives being yet not generally obnoxious to scandall many yet retaining a great deal of exemplary piety and purity yea even in the bosome of the Church of Rome for although it be easie for particular and private persons to rush suddenly and immediatly into great errour yet for Commonwealths or the publick Governors or common Societies 't is not so for what they look at is Supremacy and uncontrolable Government if so the jealousie which people ever have had of their liberties will cause them rather to introduce things by degrees then at once and that so by little and little they may with ease obtain what by seeking at once they had utterly lost Thus did temporall Princes for so we must distinguish while Bishops are become Princes by their Subjects and thus did the Popes by them but it is now fit to leave the general discourse and to reduce matters as intended to a more narrow compass then the consideration of the whole body of Christians and look at specially this Nation of England which now having received the Faith of the Lord Christ whether under King Lucius primarily or under any former whether first preached here by Joseph of Aramathea or any other whether Apostle or Disciple of the Lord but after more generally allowed spread or promoted upon the coming of Augustine the Monk from Rome I shall not controvert but allowing every man his opinion by whom first introduced where first preached and such like I shall take that only up which none will deny which is that about the time of Lucius it was by publick and Magisterial Authority first allowed and hath more or less ever since been continued embraced and followed by some in this Nation at all times but generally by the whole Nation though at first the over-running of strange Nations might suspend the splendor of it onely thus much I must say that ' its evident by history that the Christian Religion was here entertained and setled long before Augustine and that there were Monks particularly of Bangor who professed Christ and lived according to the Discipline of our Saviours Doctrine which grew now inconsistent with the dignity of the Romane Bishop and others with him and all of the Clergy in their degrees for now for the honour of Christ as was pretended there was to be more order as it was called to be observed among Christians which was meant of outward duty and obedience to the Popes Substitutes in every place by the rule of gradation for as the Pope represented Christ having his power from him so all Bishops and inferiour Clergy ought to have and give their due respects from the people and each from other according to the places and trusts by his Supream Holiness whom they more or less immediately represented reposed and imposed in and upon them This observance Augustine the Monk expected but the English or rather British Monks found not this in the Doctrine of the Apostles nor presidents of the Primitive Church truth they found examples of paying more observance to holy men then Augustine required or expected but no way allowed much less sought by them to whom it was done the Lord Christ never had nor required it but himself washed his Apostles feet and his Doctrine upon the decision of this case in controversie was far
good fine they had also alwayes grants of Leases to such and new concurrent Leases Thus were they made poor who were rich by stealing each from other and their first fruits which was the first years revenue was now paid to their Lord the King as before to the Pope their dependance by the Statute of Supremacy suffering that alteration this made them look to all profits narrowly And what could be caught was Ordination bought at the worst hand Marriage at a set rate and the usual publike Declarations so called bidding the bands of Matrimony brought to a scorn all that could purchase it had a Licence and the Wills and Testaments of men being canvased in every Arch-Deaconry Diocess and Province brought a setled gain Batchelors of the Civil Law capable of two Benefices or Spiritual promotions and so the Chaplains of the King Noblemen c. And this Apostate order was universal Again the Bishops now made injunctions some one some another at their own wil and the breach of all or any of these was cognizable in any their Courts from the Chancellors to the High Commission so called indeed a pretty Spanish Inquisition yea so far as to punish the not-wearing of a Surplice at the reading the Liturgie or so called Common Prayers or set and publike appointed prayers in the Church with imprisonment during pleasure fine of 1000. l. when a Blasphemer for speaking these dreadful words to the eares of any but an Atheist he being admonished for swearing said I will swear God out of Heaven and sit there as God my self was fined but 100. l. and mitigation of imprisonment I do attest this my self being present at the sentence of this Blasphemer and at the Sentence of Doctor Bastwick for writing against Episcopacy and Burdet of Yarmouth for non conformity the same time who had in that word two offences one not wearing the Surplice the other the Churching so called that is declaring a woman purified according to the Levitical Law after child-bearing without a Vayle or Rayle which was the injunction of the Bishop And now the Queen being Catholique that is Romane the Liberty of the Mass grew from the Queens private houshold to a most frequent houshold duty and at least was publique yet not with any toleration that is if toleration be taken for a legall Act authorizing but if for an impunity notwithstanding many and oft complaints there was a grand toleration and the Judges had by special order from his Majesty command against them under the name of Recusants but with this hint that there was a more dangerous Recusant called the Puritan or Brownist for then there was no distinction so that the Bishops armed with the power of the Civil Magistrate under the late schismaticall notion so termed at Rome of his having both the Keyes that is being the supream according to the vulgar acceptaion both in Civil and Ecclesiastick Jurisdiction according to the strict notion having the supream intendency not only over but in the Church which the Puritan urged with so much wariness absolutely holding the Lord Christ the supream and yet craving the Majesterial power to ayde and assist with the name of supremacy so far as ran even with his opinion that it was doubted he was as ill a willer to the absolute Jurisdiction of the Prince in the Church as the Papist was so that he was exploded the Court and no allowance given to his Doctrine there and indeed with all possible vexations of the Lawes by imprisoning fining attending delaying stigmatizing c. all that were so called were handled by the Bishops and the so called Clergy with their Officers no marvel for these men generally Lay men preached in their writings more and more edifying Doctrine then the Clergy in their Pulpits and these mens lives and labours were as exemplary for godliness as the other for vanity pride laziness and debauchedness yet these provided they were conformable that is obedient to the Fathers of the Church the Bishops be it right or wrong were freely almost only allowed for money now could do all things and necessity more there was on the one side Symony upon Symony yea much legall Symony for the great rich Livings and whether the Priest could preach or not his Curate could and where the Impropriator had a large revenue the poor Curate not above 10. l. per annum and 20. l. a large stipend he must be of weak parts that would so rest contented and seek no other preferment this brought in together with so many Parishes as bad as impropriate being in the gift of the Cathedral Churches where Bishops or Dean and Chapters had the gifts so many ignorant lazy debauched fellows into the Ministry that a Christian would stand amazed And when some pious men sought a way to purchase out these impropriations and to settle an able religious preaching Ministry they were allowed to expend their monies which I beleeve they never saw penny of again but were so frowned upon and discountenanced that the beginners being wearied the work even dyed in the first Cradle for these things made the Bishops plot for life and as plain as words could manifest the intentions of men it was resolved No Reformer as they now begin to call them should stay in England and indeed their troubles grew so fast upon them that they were forced for fear of being taken at a good and Christian duty and punished by the Law of Liveries now called Conventicles to pack away some to Holland some to America or new England so called being a gallant plantation some to other places The Bishops Chaplaines become sole masters of the press and their licences were as bad as an Index expurgatorius Popish books are now severely forbidden especially those quant Tracts of Caussinus yet almost in every mans hand as if they had been forbidden only to quicken sale an old yet notable Trick The Arch-Bishops book being a Tract written against Fisher the Jesuite is printed but at the same time all the great wits blow up the Quodliberts of Popery the chief heads being publiquely and professedly maintained at both the so called Universities And a Jesuite so called Franciscus de sancta Clara brings both the Papist and the Protestant to so neer an Union that a good judgement might be decieved t is probable for many were to know the one from the other Many so called Arminians now appear these are highly favoured everywhere and now the Hierachy so lifts up it self that not the Gentry only but even the Nobility themselves were discountenanced if opposing All preferments are now to these yet few of them knew well how to bear them but a litle time could give them a relish and the smack would never out of their fancies The opinions of the Romanists now on all sides not only for hallowing places or sacring them but even that one place of or among these so called sacred was more holy then other from the duty there
performed or otherways adorning Churches the several Manners Places Times of bowing gesture and order of pronunciation at or in reading all not only discoursed of but applauded and generally practized adoration at the entery of the Church and also at departure and that to the East all for uniformity the great and special pretence of the so called Church that is the Bishops the Fathers of the Church according to their own stile Bowing or Genuflexion or Adorations to at or of the name of Jesus Extream unction Confirmation Pennance all practised yea a Nuntio of the Pope but not so owned yet well known and which troubled the people most of all a raile of wood or other partition betwixt the so called Priest and people at the receiving the Sacrament so called of the Altar and this of necessity and the words of administration purely Popish as yet in the directory But all persons without question in the parish admitted to the Sacrament as by Law was established these things setled they haste for power to the further setlement of the Church in power and purity and by the Kings power they are convened and called the sacred Synod where they Act with large commission and fearing counter-buffs of Providence by them called Fortune they denied the Pope but admitt Popery in its full height and to evidence the Antichristianisme they establish their Hierarchy with an oath with that famous clause of c. labouring as the brood of old Rome to bring all Temporal jurisdiction under ecclesiastick censure and this was the condition of the Church or Churchmen or Clergy men so called I shall now as shortly give you a veiw of the civill State as the necessity of perspicuity will well permit You have heard upon what a politique Basis William so called the Conqueror founded his Empire which yet from evident causes declining even in the space of his own and Sons Raign did evidently shew the frailty of all humane wisdome and therefore might well in the space of six hundred years be brought to nothing and truly once for all to say it I am in my conscience perswaded that King Charles did see the want of Law in this land to govern the Nation rightly and upon that foundation sought to mould the kingdom to the similitude of other Nations for it is a sure and certain principle that States grow old and Laws c. And if not reduced by reformation there is a necessity of a new formation Now the chief thing which a Prince looketh at is the power of War or the Sword and this so far as the power rested in the King which was his Tenure was clean lost and gone for the many transmutations of possessions had made many litigious questions partly through the corruption of officers not duly awarding process against alienators without license partly other defects of certain boundaries and partly the evill of time which had through divers discents parcelled great estates into many persons So that there were many Tenants but few Knights and what was at first an honor to hold of the King or by Knights service because the Tenants Son and Heire should yet come to the education of a Lord paramount or higher then the Father and so should be bettered both for Arts and Arms the Kings of late years had made them absolutely but the fees of their Servants and the Heirs of gallant men were as bad as slaves to the will of the Kings Grantee whereby they were yoaked unequally in marriage or their estates were generally squeised of sometime a third sometimes a fourth or fifth part in the Court of Wards so that they that should have been the Princes guard as it were being thus prejudiced in their minority and drinking in hastily the complaints of their friends bewailing their Wardships as an insufferable vassalage could not heartily seek to maintain that power whose subsistence was their ruine to eternity in all their progeny and through the long tract of time it was grown to this that almost any great or rich mens Son must be a Ward all Titles of Lands being so exceedingly intricated that it was almost impossible to clear it and this rigor was never higher then in the daies of this King so that it is evident for a setled Militia for his own defence he had none but had left himself naked to the strokes of any timely opposition Next as he had robbed himself thus of power so had the example of all the Kings in part and the power from jealousie in other part devested the Lords of all power military by dependencies of Knights service The Oathes of homage and fealty the Kings had respited them to enhanse a revenue and the Lords were not willing to urge that which had been so fatall to many their predecessors through their dependencies and being now grown generally loose lazy or worse from the long peace we had enjoyed they had no contests but at Tennis Drinking Dicing or worse sports and sometimes a Law suite These yet sunk many of their estates and they had no waies of raising them but by the Kings sole favour for there were no Lords now that had absolute power in any County this made them wholly quiet and the rather because to be of an active warlike spirit gave cause of jealousie to a Prince especially of any who were not meerly his creatures namely of ancient popular Nobility that is their Ancestors of great repute with the people Many therefore retired themselves lived privately and quietly in respect of the Court but few of them with great love in the Countries where they were resiant carrying too severe a hand towards their Tenants by racking of Farme-rents and otherwaies as Lords of Mannors enhansing fines as all the Gentry also at their own wills enclosing of Commons for private profit and by the evill example both of themselves Servants and Retainers bringing a general Lewdness Looseness ād debauchery in religion and civill manners into all the quarters of the Nation For the Country still at least as far as it may or can imitates the Court and so downward by this means a general almost universal pravity and corruption stole upon and got possession of the English Nation not that I think to speak once for all that England was worse in any respect eirher for civill or Ecclesiastick government then any other Christian kingdom no but that it had departed from that purity of Government which it self held forth and had in some measure exercised yet was then taxed to hold forth little of a true Christian Government at all for first though the Sabboth was held moral yet it was prophaned and that by publique authority as by the book of sports which also gave such a loose to the power of the master of the family that he could not govern by an exact rule that power being before too much broken and this opened a gap to all inordinate walking towards magistracy in other both superior and
of God that Christ had not destroyed this Law he came to fulfill it And lastly they enforced this from the rule of reason If man had no boundary to his Reason no rule to make his Law by reason would be infinite which error had been the foundation of so many dreadful alterations as States had suffered under in such clymaterick revolutions as now this Nation laboured under and therefore they desired the drawing of Englands Laws to their primitive rule namely the Judicials This was objected against by others who yet desired a rule of righteousness alledging that if this were the Rule then it must be all so or but part not all for the Ceremonial Law being the shadow fled away at the coming of Christ in the body and that the Church of Rome had done evil yea that it was the foundation and root of their so dangerous Apostacy to carry the shadow along with the body for from thence had come their high power of the Pope their sacring of Churches as well as persons their Altars Trinckets c. their Jubiles Pardons Indulgences c. Canonical hours holy Vestments and all the rest of their trash and that one admitted all would follow and as the entertaining the amusive or formal part of worship into religious services had under the supremacy of the Ecclesiastick power defiled Church and Commonwealth taking away all sence of inward serious conscionable moral duty as well as religious and resting only in the exterior form either the pomp of the action or the act it self So now in the reformation of the Ecclesiastick power by the Magisterial Civil power the Commonwealth would at last lay the foundation of a new defilement to the Church and that this might be was too too evident by the precedent example So that we should but change the Tables and keep the false Dice still which would never better our game and therefore they said that unless there could be shewed exactly which part of the Judicials by an infallible word and that as given by Moses that is not as confirmed by Christ or his Apostles was the rule of Christian duty they would take none at all as so given for if man were Judge of a part of that Law how agreeable to the Nation whereof he or they were rulers then of all and if so then as good take pure reason not contrary to the Law of Christ and his Apostles but founded rather upon his Doctrine in the general rule though the particular application might vary in respect of circumstances so not rejecting the judicials but not taking them as obligatory as given to the Jew the people of God or typing out all Christian Nations or an Ensign of the faith but as a wise Law yea the wisest as being the dictates of the prime wisdom the same God that the Christians worshipped they not only admitted but desired such as were consonant to Christian reason to be established amongst us There were some particular contentions as first for Tythes secondly Appeals next the Sabboth then Theft not to be death then Adultery and Blasphemy to be death and these were things of principal Interest indeed But the Interest in part which discredited the whole was so visible as I cannot allow it though I may them who sought the thing as afflicted in spirit seeing the want of conscience in multitudes thinking ill of all called Ministers for some evil mens sakes open prophanation of the Sabboth by those professed a Sabboth and by the last Act restrained in part and left in other part as loose as before petty Theft death yet in the same State common and manifest Adultery go without any punishment or question all for want of a rule for we hear of long debates about it and Swearing and Blasphemy almost as ordinary as speaking yet proof made difficult and punishment easie but no conscience of reforming for few thought it a sin for the great men and the wise men were most guilty and gloried in it so that it was evident that as some sought the re-establishment of the old frame of Government and that both in Church so called and State according to the old pattern of the Erroneous Church or Apostacy of Rome founding upon the equity and useful allusion so called of the Mosaical Judicials and Ceremonials some nothing but confusion so others desired one wholly new avoiding all the errors which corrupt interests had introduced and that not only because the way of Error was before tracked and therefore easie to be trodden anew but as being builded upon a false foundation as well as by time and error corrupted and perverted Some of these though holding the truth were by a part of themselvs supposed to be in an error while presuming upon the wonderful mercies the Lord had bestowed upon them they were over-rash in their desires of a change for the evident symptomes of unavoidable ruine say they threaten us the multitude of interests are so divers and contrary how few are there to manage such a work not one to ten if one to an hundred this were to tempt God To expect miracles in a day when miracles cease God bade the Jew not destroy all their enemies at once lest the beasts should prevail against them it may hold forth the simplicity of the Dove but not the subtilty of the Serpent which is requisite in this case for you see say they what a contest hath been with the single interest of the Clergy and the scattered fry of their corrupt Courts but if you engage against all the remainders of them with the numerous off-spring of all Courts as of Judges Serjeants Counsellors Sollicitors Attorneys Protho-notaries Secondaries Clerks of the Crown Clerks of Assise Clerks of the Exigents Clerks of the Papers Clerks of the Warrants Clerks of the Essoyne Clerks of the Juries Clearks of the Pipe Clerke of the Kings silver Clerks of the Seal Clerk of the Peace Custos brevium Chyrographers Fillizer Marshals Cryers Waiters Chancellors Remembrancers Six Clerks Registers Comptrollers of the Seal Examiners Clerk of the Hamper Clerk of the petty Bag Cursiters Serjeants of the Mace Ushers of the Court Clerks in nature of ordinary Attorneys with many more and all these having their adherents for which of these but come in under some corrupt interest or other But generally the chief in Offices at least of profit as Judges Serjeants Councellors Advocates Doctors Proctors Attorneys Six Clerks Clerks of Assize c. are all the younger Brethren or sons of Lords or of their Families however of the greatest Gent. and of the Parliament men themselves and setled by the Bastard so called the Conquerour upon a politick Maxime That the Land in England being appointed for the safeguard of the Kingdom might not be brackled away therefore as all the Land went to the eldest these were the wayes of educating and maintaining the younger make them Lawyers and make the Laws dubious Offices plentiful and there would be as
Lawgivers 6 Why they pretended to receive their Laws from their gods and that both in respect of Magistrate and people p. 106 7 That Christians ought to live under Laws and the reason 8 Authors waved and the reason why Reason is onely allowed 9 The inference that the Magistrate in Legislative power ought to make Laws by a Head Rule and the Judicial propounded and the reasons for it examined by several Instances specially in life liberty and goods and this proved by the New Testament 10 That the Judicials did not properly mislead us but the Ceremonials Chap. 10. p. 112. Wherein is shewed 1 That the Magistrate keeping his Head Rule his power extends all vice 2 In that liberty his boundary generall manifested by an example Chap. 11. p. 112 113 114 Wherein is cleared 1 What the general acceptation of Prerogative is 112 2 What it intends as looking at the Supream Magistrate and that either in absolute Powers or limited 3 The vertual power of Supremacy is ubiquitary 113 4 How its intended in Law that the King can do no wrong 5 The error causing our Divisions heightning giving to the person what was proper to the Power 6 Several benefits given to the Supream Magistrate by Laws and called Prerogative 7 The reason why lapse of time did not prejudice the King 114 8 The reason why the King was admitted to be deceived in his Grant 9 The insufferable abuse of these 10 And of the Kings dispensing with a non obstante in a Statute and not so bound unless named 11 A further grant of profits to the King 12 Some Honorary Grants yet used to profit 13 How the King takes or parts with ought legally as King 14 Some unfitting profits evidenced 15 Deodands a meer allusive Judicial 16 Of the special Judges to try his Rights 17 Three abuses of Prerogative in not having judgement final against him acting all particularly for which no Law was granting Charters and priviledges 115 18 The special badges of Supremacy what and incommunicable 19 That these were never in the King of Englands hand Chap. 12. pag. 116 117. Wherein is shewed 1 That the Supream Magistrate is Judge of Publike good p. 116 2 That this must yet in the issue be evident to others 3 The abuses and benefits of Monarchies and Republicks further debated 4 How Englands Laws admitted her King Judge of publike good 5 Some complaints against meer Prerogative Officers remembred 117 Chap. 13 p. 117. Wherein is treated 1 That the Supream Magistrate may grant inferior so called Prerogatives 2 How he may grant them and the benefit and necessity thereof Chap. 14. p. 117 118. Wherein is declared 1 That there alwayes have been diverse Opinions of the Magistrates and Churches Power with the Reasons of it 117 2 That the Magistrates Power is chiefly preservation of the Peace 3 That much of the Duty of the first Table lies upon the Magistrate and how but not solely nor principally and the reason 4 A touch of Christs Blessing left to his Church the Apostles and their Successors in Doctrine Chap. 15. p. 118 119 120 121. Wherein is treated 1 Of the end of Magistracie 118 2 That evil men may be good Magistrates therefore obedience is still due to them 3 The necessity of this or good Magistrates will be ousted by evil men p. 119 4 That the Pope through the abuse of this difficulty became the sole umpire of all controversies 119 120 5 Limited Magistrates or that rule by Law must not go beyond their rule and the reasons of it 6 Absolute Monarchs questionable onely by the whole community 7 How dangerous an evil this is and therefore waved 8 Christian Princes from the Kings of Judah especially have all pleaded to be absolute 120 9 In limited Monarchies the Assemblies Dyets c. may judge the Monarch 10 The way to distinguish absolute and limited Monarchy 11 The necessity of well tempering popular States 12 There are evils in having as in not having barrs to Supremacy 13 The punishments used formerly to them called Kings or Monarchs 121 14 The benefit of such punishments Cap. 16. p. 121 122. shewing 1 The original end of Parliamentary meetings 121 2 The priviledges given to the persons met and the reasons thereof 3 Protections to other then meer menial servants in ordinary unlawfull 4 Their Speaker not to be disallowed but upon good cause 5 They have a liberty to treat of all matters freely c. 122 6 They are the Guardians of the peoples Lives Liberties and Estates c. 7 The necessity of them to keep Kingdoms from devolving into Tyrannies 8 These to be limited to time lest they grow Tyrants or as bad 9 That their errors if any committed by them might be amended 10 They are to be paid by an equal rate upon all that chuse and ought to do if they had not dispriviledged themselves Chap. 17. p. 123 124 125 126 127. Wherein is shewed 1 The necessity of Magistracy 123 2 The principal ends manifesting wherein the Priviledge of the Subject generally consists Examples given thereof first negatively then affirmatively 3 Affirmatively to be governed by righteous Laws righteously 124 4 That these Laws extend to persons in all places at all times c. and that in respects requisite to common or more publike peace or safety 5 That its requisite the Supream Magistrate set the example to others 6 The Supream Magistrates neglect a ground to hinder Reformation 7 Ill Customs or Laws to be altered 125 8 Matters of publike grievance especially if arising from particular interest not to be continued 9 Placs of publicke Judgements to be fitly setled and not altered but in case of necessity 10 Priviledge wherein respecting the Subjects generally wherein it consists illustrated in many particulars heretofore questioned 11 Priviledge not to be pleaded to them convict of crime 126 12 A general Law can be no dispriviledge 13 Exempting particular persons for particular and special reasons can be no priviledge or dispriviledge 14 To be Master of Arms or admitted into Military trust a special priviledge 127 Chap. 18. p. 127 128 129 130. in which 1 Nature gives like priviledges to all men 127 2 We lose them either by compact of force 3 Iust that force should be submitted to And that to equals obtaining Supremacy by power 128 4 In rational subjection or subjection by compromise or agreement there is to be no difference betwixt the Prince and Subject concerning good better or best for of that the Prince is absolutely judge and so on the contrary but in manifest evil or good 5 The absolute Powers Christian are under a Law 6 Powers must look to be just 7 Self-safety considered in a queried particular 8 Opposition makes Conquerors hard-handed in the first settlement 9 Providence considered and where it s to be allowed where not 129 10 Nations not to make others their Pattern without a just rule 11 Nations subject Nations as men do men and
are so enfranchised Chap. 19. p. 130 131. Wherein is considered 1 Why the Law distinguishes 'twixt the person and power 130 2 Princes seek to avoid eternal Decrees by ensnaring the consciences of their subjects 3 What are Powers simply considered 4 That obedience generally must when setled be given to them 5 What duty Subjects owe to usurpers against their lawful Prince after a total expulsion 6 What the Subjects duty is after he comes under his first Princes Sword before expulsion of the Vsurper 7 VVhat is not the Ministers duty 131 8 The reason of all this 9 Dangerous and unsafe opinions concerning this ensnaring consciences from ambiguity or cruelty Chap. 20. p. 131 132. Wherein is cleared 1 Good the more universal the better therefore 131 2 The life of a particular Citizen not to be esteemed with the Cities safety 3 For this particular priviledges are to be dispenst withall as necessity requires 4 The meer Lawyers error in this 132 5 VVhy personall estate is seemingly preferred to real in some cases 6 Dangerous to allow contests of priviledge in times of necessity 7 Compensation must be made where dispriviledge is for publick good Chap. 21. p. 133 134 135. wherein is asserted 1 That its necessary to a free Nation to have Laws in the Native Tongue and in limits and bounds fit to yeeld speedy and easie Iustice 133 2 Walking Courts destructive and the reason 3 To look and settle these is the Supream magistrates Duty 4 It s a true and just Rule Ignorance of the Law excuses not 5 Therefore the Laws as in tongue so in number and phrase ought to be fitted to vulgar capacities 6 The Norman Conquest made our Laws speak French 7 The Roman Yoke and pretence of Learning made our Pleadings Writs c. in Latin 8 The end of both in legal French or Latine and is lost 9 Gain of the Practizing Lawyer the sole stop to Reformation 10 A subtiltie to unchristian reason of the Lawyer for continuance of strife and legal wranglings 134 11 Magna Charta's Rule true To delay is to deny justice 12 What the best men naturally counted delay 13 All liberties broken under pretence of difficulty of Laws 14 The general evils of delay known and visible 15 The evil of Remote Courts as bad as Arbitrary 16. General offers how to settle Judicatories 17 A way propounded to keep the Laws certain and one and admit Appeals and yet take away the Injustice urged in them Chap. 22. p. 136 137 138 139. shewing 1 The duty of Supream or Legislative or Law-giving Judges 136 2 The eminency of trust requires gifts answerable thereto 3 That no minor be capable of the offence of a Judge judicial much less Legislative with the reasons for both 4 Not decrepit in age mature nor green nor rotten the ages propounded and the reasons 5 Able in minde as of body 6 Free from obligations to injustice and dependances 7 Various dependances considered and their preservatives 137 8 As first to have a sufficient salary 9 To settle strictly what Bribery is 10 To punish both giver and taker 11 Judges must be such as evidently fear God 138 12 By whom Judges are to be appointed and their duties that elect 13 Qualifications requisite in respect of temper of passions 14 Weak justices or Judges make judgement despised and all Judges contemptible 15 Constables are Judges and Jurors therefore ought to be able men 16 The duty of ordinary Judges 139 17 Their punishments considered if offending 18 The best way of enacting of new Laws considered of Chap. 23. pag. 139 140. Shewing 1 How the Supream Magistrate is to look at unity of law in all Counties in his Regiment 139 2 With Christians wise or honest men the variances will not be material 3 It is requisite all Courts to have like Officers proceedings and Fees 4 All these to be published in Frint as allowed 5 The Evills if this be not 139 140 6 Judges must be fined if in a set time the case be not determined or dismissed 7 All Processes to be returnable at one time Chap. 24. pag. 140 141. Shewing 1 The reasons why appeals were made customary 140 2 What is truly a legall foundation for an appeal 3 How such appeals are so allowed 4 Punishment in case of Error 5 How false Judgements are to be remedied 6 The evil of Writs of Error and the necessity and how to be allowed 7 Further consideration of Punishment in case of Error 141 Chap. 25. pag. 141 142 143 144 145. Shewing 1 The extent of the Magstrates Power in chief must be to all things necessary to the well Being of the Commonwealth 141 2 What the Magistrate hath to do as to Divine worship considering the case of Uzziah stricken by God c. 3 That in case of doubt to whom the Power is the Civil Magistrates right is clearest 4 The difficulty to setle the Magistrates Power wherein it consists 5 The civil Sword to help the spirituall a gross vanitie 6 What the Magistrates Power is considered as to Blasphemers dolaters and Witches and how the Judicials in these rule us 142 7 Why the Judicials are not our rule 8 Paul a Blasphemer and bids only From such turn away 9 What the Magistrate is to do when he wants a Divine rule 10 The Magistrate may inflict death on prophane wicked ones not on Civil doubting Christians though their doubts may amount to blasphemy as spoken 11 Witches may be put to death as murderers c. 12 Why the Apostolical writings urge not punishments 143 13 The Christian Magistrates and Churches distinct Power setled 14 This not to extend to Heathens blaspheming God 15 A caution to the Magistrate in case of doubt 16 A generall comprehension of the Magistrates Power 17 Some Judicials disused with us fit to be renewed 144 18 A reason why the Magistrate should not press conscience so called 19 The distinct Offices and Powers of Magistrate and Minister further considered 20 Cases are when conscience cannot be pleaded and the reason being that things doubtfull but Civil 21 Evils concerning Church service to be moderately prosecuted 145 22 Some further considerations who is keeper of both the Tables and the reasons Chap. 26. pag. 146 147. Shewing 1 Each mother ought to suckle her child 146 2 Riches enable but the better thereto 3 Through the abuse of comforts better now to nurse by poor people 4 A hint to professors to be moderate in the use of creature-comforts 5 Magistrates duty to take care for Education of youth 6 That it extends to Armes as Arts. 7 The best way propounded with the reasons 8 Rules to be observed by the masters in the ordering of them and that as to habit diet study exercise c. 9 The benefits hereby arising 10 Separate Jurisdiction not to be allowed to any of them 147 11 Books of learning to be appointed by the Magistrate 12 Set times of respit to the Ministers 13 Further benefit
appointed to ore-see Bridges Rivers Causeyways and all that is now within the extraordinary Jurisdiction of the Admiralty and Commission of Sewers 2 This so be setled that errors in Neighbouring Counties may be quietly remedied 3 The Error of purchasing Commissions Chap. 61. p. 175. shewing 1 The necessity of good witness in case of controversie 2 Legal objections difficult 3 Wicked men may be heard not sworn and the reason 4 One such evidence alone not sufficient 5 Objection of Alliance how to be accepted Chap. 62. p. 176. shewing 1 The necessitie of promulging Laws 2 The best way thereto 3 Punishment till then unfit to the common Subject Chap. 63. p. 176. shewing 1 How vain light apparel works upon nature 2 The Advantages publick from this no way equal to the dammage and is unlawful 3 The Magistrates duty to repress the excess of Apparel Chap. 64. p. 176. shewing 1 That Titular Honours as now flowing from a King give a tendency to the establishment of that Government 2 Good to decline them and that by exalting proper vertue Chap. 65. p. 177. shewing 1 No offence but under some general head of Law but the want is no set punishment where circumstances aggravate the offence exceedingly 2 Fit the Judge to punish according to the head rule or consult his Neighbours or secure till resolved legally in circuit 3 No Judge to be punished meerly for defect in form Chap 66. p. 178. shewing 1 The necessity of providing fit remedies for the ordinary causes of Duels 2 Words and light acts when grown obnoxious must have punishments suitable 3 Speedy remedy in this case of necessity 4 Incertain Tryals as by fire and water how best to be setled 5 If the suspected walk still inordinately how to be dealt with Chap. 67. p. 178 179 180 181 182 183 184. shewing 1 Questions 'twixt Magistrate and Church must be wisely discussed and here only hinted to open clearly the controversie so to pacifie 2 Wherein the controversie as now stated principally rests 3 This so far troubles the outward peace that the Magistrate must umpire 4 Certain questions urged by the Congregational way 180 181 5 Some private Quaeries concerning the Ministery and its maintenance 6 Age of Pastors and Baptizing Infants only hinted 7 Wherein Christian liberty principally consists 8 This opening the matter how it settles peace 9 The right of Tythes and how 182 10 What Religion the Magistrate must settle 11 Wherein the Churches power principally consists 12 Whither there may be two Supreams 13 How the controversie rises 14 How they of the Congregationall way settle it 183 15 An objection answered arising from the supposall of the necessity of uniformity 16 How far outward or sword Power reaches 17 What are impropriations and appropiations 18 Some things making Reformation difficult 19 That Prescription is but a particular mans custom 20 It ought to be adjudged lawfull and recorded before allowed Chap. 67. p. 185 186. Shewing 1 The Imperiall or Romane Civil Law to be the foundation of our Justice 185 2 How the multitude of their cases came to be digested 3 Why that Law was with us rejected or not used 4 Why those Lawyers were neglected 5 The evils of having two divers Laws to Judge by in one Nation 6 When a Church or State are in evident Error or Apostacie 185 186 7 A well constituted Nation must have a known settled Law proper 8 As little form as may be 9 The habits of honor kept distinct I say not sacred Chap. 68. pag. 186. Shewing 1 That to put Offices to sale in any kind is the inlet to all injustice 2 That wise and honest men have approved is no argument now 3 That there is a sufficient Revenue to carry on the work of Reformation with satisfaction to the Office and advantage to Magistrate and people 4 A consideration of the succession graduall of Officers 5 The way to have good Officers considered Chap. 69. pag. 187. Shewing 1 Breeding able Mariners of necessity to this Nation 2 How to breed them or how they be best bred 3 How to encourage and settle them 4 A consideration of the season called Lent 5 What the Magistrate may do in it 6 Objections against it Religious and Physical 7 Two wayes offered to salve all the first Religious the other Politique and not unjust for its general 8 The benefit considered and some laws fits to be established universally Chap 70. pag. 188. Shewing 1 Customes received engage to secure the seas 2 The Magistrate not bound to secure all but to imploy a sufficient guard 3 Yet the losses by Piracy are to be in some sort defrayed out of the advantage of prizes 4 Cases wherein there ought to be no satisfaction admitted Chap. 71. pag. 188 189. Shewing 1 That all officers that receive the revenues of the Commonwealth ought account 188 2 That its fit this be done in the particular Counties and the reasons 188 3 Judges must be thereto appointed and have power c. 4 All Fees settled and Offices during well abearing Chap. 72. pag. 189 190. Shewing 1 That the Magistrate hath all power to preserve the Peace 189 2 As King he hath no power in Church assemblies 3 Prudentially yet what ever done by him not simply unlawfull is lawfull 4 Reasons why no publick Church Conventions should or way be without particular allowance of the Magistrate 5 If upon disturbance of the peace the Magistrate settle a Law the Churches are bound to obey 6 The Right of calling Councels for setling matters of Religion so called cleared 190 7 The reason of the Authors undertakeing 190 191 192. 8 The Authors Prayer for a Spirit of turning to the Lord c. 192 193 c. FINIS ERRATA PAg. 102. l. 10. r. cautious l. 18. r. govern all l. 19. r. of force l. 22. r. as p. 112. ca. 11. l. 24. r. fancles p. 113. l. 27. r. transcendency p. 115. l. 10. dele this was derogative l. 36. r. groundage p. 118. l. 6. r. swerve p. 119. l. 47. r. now p. 120. l. x. r. at his l. 27. r. conquassations p. 123. l. 9. r. handed p. 225. l. 36. r. run p. 141. l. 45. r. simular p. 142. l. 24. r. objectors p. 146. l. 40. r. under p. 149. l. 10. r. that p. 151. l. 31. r. do we not rather p. 154. l. 40. r. into p. 158. l. 7. r. practice constant l. ult r. none p. 162. l. 13. r. without delay l. 17. r. twenty pound p. 163. l. 44. r. the fourth p. 165. l. 7. dele equally p. 165. l. 26. r. adjudged p. 173. l. 28. r. verdict p. 177. l. ult r. person p. 178. l. last but 4. r. discuss p. 186. l. 26. r. eighteen thousand l. 28. after Lord Au. r. c. p. 187. l. 15. for I r. It p. 192. l. 27. r. act vigorously AN ESSAY OF Christian Government The first Quaere what is Monarchy and its Divisions FIrst Monarchy in General or
Prince must bear sway and hath the preheminence The Heathens in glory of the Prince annexed the Priestly Office to the Superior Power not the Kings to the Priests and under Gods Law Moses was Aarons Prince or Father Aaron Moses Prophet Next the Civil part of Judicature was ever and now is clear and manifest except where interest or humour prevails and let that humour alone and it is ready to swarm into interest immediatly But this you will say determines the first part of the Question but the latter is undetermined To that it is generally answered that what power is necessary for the preservation of the peace of the Nation or Government is proper to the Supream Magistrate but an obliging power that is that simple obedience is to be given to his determination of but dubious matters in points of either Doctrine or pure Church-Discipline I beleeve never was nor will be yielded to him in matters circumstantially Religious otherwise barely civil was as generally agreed and will not now be denyed as concerning the time of Congregating the place and other Circumstantials for preservation of the peace of Church and Commonwealth yea if it were upon good reason the number that were to congregate provided there were enough to constitute a Congregation might be set by the Supream Magistrate and Christians bound to obey but this is only as keeper of the first Table not of the second Now to clear this it is to be known that if it be taken to be the Keeper of the two Tables so called to promote by all lawful means the glory of God as the good of men as all good and just Magistrates will and ought yea if it be by preaching himself or themselves and that either by word or Doctrine as good life they and all Christians are the keepers of both Tables and he or they as supream in power and so as more entrusted with means by God to do most for God then he or they who have the supremacy are by way of eminency the special keepers of them but that they are designed more especially to represent either the Kingly Priestly or Prophetical Office of the Lord Christ as head of his Church without the manifest tokens of more especial Grace and divine Revelation whereby to periodize the Controversies of their own Subjects holding forth to us under the same rule the will of God as the Priests under the Law is not easily discerned nor will I beleeve be strenuously urged The blessings which our Lord and Saviour held forth were meerly tending to his spiritual Kingdome and the propagating of it and given out to the Apostles and in them to all the Church as most sutable to not onely reason generally but the reason of that our King in his Transactions amongst them of this enough at present I come now to the last Quaere of the Prerogative of Princes 14. Whether Male Administration doth ipso facto dethrone Princes and give their Subjects power to depose them 15. And whether Kings and other Supreams may be punished by whom and how THis is a great weighty controversie truly Magistrates that desire to be flattered stand off you can hear nothing safely for your safety is your danger Now what we have said before tends much to the illustration of this point that is the due consideration of the end for which Magistracie is ordained for by the Law of pure Naturals no one is above another namely the preserving few against many weak against strong and right against wrong in Scripture phrase to be a terror to the evil and to that end not to wear the Sword in vain so that while evils are or may be Magistracie is necessary to be Now generally the defects and failings of Governors in themselves are not simply and alone a cause of neglect of obedience to them or the Laws by them for evil men may be good Magistrates but in case the Magistrate seeks to overthrow laws and all Righteous Government altering or crossing wholly the end of his ordination it is in this case clear he is not a Magistrate but he is a Tyrant an usurper an Enemy to Justice but then it is beleeved by some that the light or interpretation of this defection is in every man and so each man judges and may justly withdraw obedience and oppose This is gross ignorance no then every unjust man punished would be ready to rebell and miscall his deficiency Revenge of injury to the publique The Pope by the evill management among Princes of this quarrel brought the decision of all these controversies to his Tribunal and by the steps of seeming justice mounted the Chayre of Antichrist for he finding that the Ambition Pride Lust Covetize of earthly gods had raised up men against them and that many halings and pullings were between the Princes and Potentates of the earth and their Subjects the one to have all the power in their own hands the others to defend what they called sometimes Priviledges sometimes just Rights one while the inheritance of their Ancestors as what they had contended for and delivered to them sealed with their blood otherwhile their proper and natural birthright as dues to the people which no Power or Usurpation of a Prince could divest them of he politickly holding forth the necessity of an Umpire got absolutely into the Chayr of preheminence and deposed Kings for pleasure and Kings and Emperors and all for his profit Who would beleeve that now after five thousand years experience the world should not be able to unriddle this mystery the source of all our controversies is the Judicials not rightly understood for assuredly the Acts of their Kings is no rule for us or ours we are to follow them no further then they follow the light which God gives us all to walk by that is if you will look at their King it must be as bounded not as imitating the Kings of the Nations as not exalting himself over his brethren not as taking away the excellent young men and beautiful Maidens to be his servants and if so that he be under a Rule then he is not to rule not onely not evilly but not so well as he presumes he might unless it be made parcell of his Rule But if he breaks this Rule who shall enforce Now in this case it is plain that a Prince Ruler or inferiour Magistrate doing greater good then his Rule limits is in an error especially if opportunity were of having that enacted into a Law for men are men and to do so opens a door of jealousie 'twixt him and his people Next it stands as a president to his Successor Lastly it absolutely intimates either a neglect of the Law or seeking freedom by degrees from it but if this were evill or detrimental what remedy To clear this there must be a difference taken betwixt things partly destructive to the end of well reigning and wholly for unless wholly destructive threatning the whole community
Error or more of course this Term then more the next and then a peremptory day and then Errors Cassed is but legal extortion So that it is plain to take errors totally away is as bad as to have all allowed but to prevent the mischief let a certain day in Court be to determine errors before issue and not after Now the punishments in these defaults are and must be pecuniary and that both in the Judges of Fact as Jurors as well as Law but where the default is evident there ought to be a dispriviledging for future as to all publike trusts at least for a time but out of the Judicial place presently yea though the oath be that he was onely mistaken in Law and did not do it at all maliciously or with a minde of injustice Now to oaths it is fit any Justice of the Peace should give it at discretion this requires able Judges and so should Judges be but of this more in due place Concerning what things the Magistrate may and ought to make Laws YOu heard before that there must rest in some persons thereto designed either by God as those who claym to rule by absolute power or by men as those who rule by Compact or Convention as who either had no power but were meerly elected and agreed with having no Right primarily or had some power but not enough and so condiscended to some rule that they might rule assuredly Now this being in one person or more yet the power ought to extend to all things justly necessary to the well being of a Commonwealth and therefore they have respectively the general powers of war and peace life and death But because we have before hinted that there was a necessity of the Magistrates regulating of those things which many men call dispriviledge to Christians as well as men we will according to the rule before laid that is of the head Law according to Gods own Law the God of Christians as of the Jew see the Government of reason laid there down both for Divine and Civil worship Wherein first it seems directly given to the Magistrate to have the ordering of divine worship to God under the Law Now let us see how this works for Vzziah is a Leper for acting in the Priests Office Yet the aberrations both of Priest and People are laid to the Kings charge and the good Kings commanding just things and not onely so but seeing of them performed are blessed and on the contrary the evil Kings punished and their Adherents And those disobedient to the King as to Ahab the seven thousand that never bowed knee to Baal were those who were to take root downward and bring forth fruit upward Now the great difficulty is to settle the Magistrates power so that he may not bring sin upon himself and the Nation by commanding or tolerating things evil and unjust or unjustly enforcing things just and good Now as to this it is to be considered that we all profess Grace is from Heaven the meer gift of God and that the Spirit breatheth where it pleaseth as the wind bloweth where it listeth if so the Magistrate Yea grant there were a clear Church Magistrate that were by divine Word impowred with the Sword of Paul as the Keys of Peter could he go further then the outward man it is plain he could not Next then grant no such Magistrate sure the Civil or in case of doubt of Spiritual Power the Civil Magistrate onely can act clearly Now for the Spiritual Power to be helped out with the Civil Sword surely it is one of the grossest vanities that Popery ever broached God stands not in need of mans wisdome or power But God having not cleared that the implicit construction by Analogical or singular reason from the legall severity is proportionate to the gentle and quiet brotherlike Rule of the Gospel nor agreeable to the Commission which our Saviour gives to his Apostles which was either to the Jew Matthew the 10. Mark the 3. and Luke the 9. or to the universality of men Matthew the 28. Mark the 16. Luke the 24. and clear enough in that of the 21. of John and 15. where nothing is spoken of but preaching and teaching and feeding If then the Pastor have not the Sword but of the Spirit let us see the material and Magisterial Sword which is not born in vain what may this do If we look to the Jewish Model which many men seem so much to contend for There we see that the Magistrate had power over blasphemers Idolaters and tempters to Idolatry witches c. and this extended to death and that it should do so with us is by them desired Now many suppose this difficulty though very great may be at least in great part assoyled if we consider that the persons to whom this Law was given was a people chosen by wonderful miracles and wonders from all Nations to be the people of God and bear out to the world the Ensigns of his special love to man in all Ages and Generations which tokens of love in obedience to his Law were suited with answerable judgements in the neglect of the same And surely those things which relate immediately to God in the point of gracious service hold forth nothing to us but assurance of eternal punishments to the unrepentant sinner Saint Paul confesseth himself a blasphemer 1 Timothy the 1. 13. and declaring in the last times what fearful and horrible sins should appear among men 2 Timothy 3. 2. he takes notice of blasphemy and bids onely from such turn away Now if you would have a Magistrate to work without a divine precept we must look at the height of improved reason There we find that zeal for the Gods among all Heathens made blasphemy death and surely reverence is due by the light of Nature to what ever is called God Of blasphemy under the Law the Councell was Judge Now the Sanhedrin was not of Priests they might ask Councel of the Priest but determined themselves and these by Gods Law put the blasphemer to death many conjecture upon this the Devil Aped Gods Law others his delight in blood hinted the Law as in Heathen Sacrifices but sure such reason makes against these objects intended to take away the pure light of reason for who that will acknowledge a Deity will allow the Deity to be blasphemed But now the doubt is whether these are not under the Gospel to be reserved to the last Judgement Some beleeving that if Paul of a blasphemer and who ever was a greater became a Saint a Preacher of the Messiah who did and thought to do many things against the Name of Jesus that is against them called on his name why may not any other be converted where is Gods dispencing with the Law where the special reservation of Paul he did it not against the humanity of Christ but his Divinity it was for calling on his Name Some excuse Paul because zealous but others
assuredly is lawful But as to the other suspitions there the causes of suspition are to be examined and if approved they are either evident or doubtful if evident they convict if doubtful they render suspected Now in all Cases of such Tendencies to suspition if the parties suspected walk still suspectedly they are to be punished but not to the height of punishment and punishment must increase as crime does but to entertain jealousie too far is dangerous Therefore let all Magistrates see some grounds before they admit Question more before they punish For the Ordeals were they an infallible certain Rule they might be used but for want of that they are unwarantably made Laws where ever used and therefore where used to be rejected What Religion the Magistrate is to settle or his Duty and Power therein Whether and how there be or may be two Supreams I Have Implicitly scattered some opinions tending to the resolution of a great part of this Question which I shall not again meddle with my intention here being onely admitting the Magistrate Christian to Quaere his duty in the variety of opinions and so reflect a little upon our present doubts and dicuss them so far as may tend to settle not divide for for some high opinions of the Churches Power over the Magistrate and for the esteemed obstruse and difficult opinion of the Magistrates acting as a Church Officer both intending notwithstanding their expressions a just latitude to the Supream Power but specially exalting Christ and his Kingdom above all yea though alledging the very words of the Pope That no Christian Magistrate but must be a Church-Member and so inferior to the Church it self whereof he is a member for the Officers as he is a member must give him the Rule or the Congregation yea though he were a Pastor or Elder himself I conceive this short Tract wherein so many particulars are briefly hinted onely to draw them into discussion is not fit to open that controversie which must be with much Wisdom Prudence Judgement and ability of divine Learning discussed or it will but cloud more and tend to heighten the differences of interest twixt Church and State I shall therefore for the present at least forbear to open that Controversie and look onely at the Magistrates duty generally for his power I make it the Handmaide onely to his duty Religion therefore being the proper object of the spirit of the inward man is not the proper subject for the Magistrate as a man nor of his power no not though a Christian Yet while there are Hypocrites in the world and the Notion of Religion may veil Treasons and Obliquities to the State being and well-being of the neighbour it is the Magistrates duty to see to these as before but as to the particular contentions of Christians in and concerning or Doctrine or Discipline it is not clear that the Magistrate hath ought to do in it while the outward peace be not disturbed thereby I will exemplifie generally Suppose the Doctrinal Quaere be How many Sacraments Or whether Baptism came in lieu of Circumcision or discent from the particular seventh day as a Sabbboth and the like We see plainly that while the Magistrate used his power according to his opinion as the Magistrate inclined so matters went generally and the opposites in opinion oft crucified each other seldom converted Therefore assuredly in these difficulties of Faith among Christians let the Admonitions Exhortations Perswasions Convincements of the Church be urged let not outward force be used It is well known the great cause of our Embroilments now is the difference pretended betwixt those of the Congregational way and those of the Parishional Disciplined way I have purposely omitted this matter to this conclusion of the Work to summ up all for it is plain the Controversie stands thus as is hinted in the first Part Whether the Churches are to be gathered anew Now to understand this fully it is to be noted That the Church of England is counted Schismatical by Rome renting from her as supposing she had so far parted from the Doctrine of Christ as that there was no possible just Christian Communion with her which the Puritan must still hold that is the true Presbyter They all agree a Reformation necessary But they of the Congregational way suppose it cannot be a Reformation but such as is a new Congregating that is they own indeed what the Puritan supposed That truly such was the Apostacy of Rome that there is nothing to be done with her they own her not the Spouse of Christ but a Harlot Israel and England her sister in the old way And it is most sure compare the Doctrine of Christians as to all sorts of men and women and all the actions of their lives And assuredly the beginning of Heathen Governments from the light of Nature gave forth greater and more glorious examples of Piety Justice Mercy Fortitude Truth Charity Love and that to Enemies Gratitude Obedience to their Country and to them set over them in any kind and zeal for their gods which I commend onely as far as it walked even pace with their profession then there is to be found among Christians and among Princes where they devoted themselves to their Country and people as among the both Greeks and Romans c. We have justly banished Superstition and wickedly given free scope to prophaness the lives of the best are so farsed with the rudiments of the flesh in eating drinking cloathing and exercising inordinately and in immoderate care to maintain these that the Gospel is become a scandal and a stumbling block to many that are entrred the School of Christ and have been mortified by many acerbities Yea these have I seen to give way in their old Age to the vanities of youth and that as might be feared through pride that God had given them a sight of what they perswaded themselves to be the truth But that which is the spreading incurable disease of Christendom so called is the looking to others mostly and neglecting self gadding and tatling and the like c. Now of all these assuredly there is evident power in the Magistrate to repress them whether in the excessive vanity in eating drinking cloathing or gameing but those more inward and heart vanities are to be repressed by a general prudent Government The example of those in Authority and power and their due exercise of that power where needful is the great incentive to excellent vertue Now the contest of the Presbyter for a punishing power and his loosness in admitting Members to his Church makes the Eagle sighted Magistrate jealous that what ever is acted by holy and religious men at first faithfully yet if holding forth a liberty of Contention for Supremacy some will attempt in time to claim of duty while there are Wolves which will for lucre and interest sake put themselves in Sheeps cloathing as heretofore hath been evidenced But this the Magistrate in
the present Age must eye wisely and justly that is resolving that the Lord Christ hath a Supremacy which he must be alwayes ready to acknowledge and also to give unto him Now in ths contest for the constituting of Churches otherwise then as it gives just cause of disturbance to the peace of the Commonwealth I see not that the Magistrate hach ought to do It is yet a matter of scruple to many good Christians what Church there is in England for that the Church is constituted National I believe most pretenders to Morality are ashamed of it plainly seeing that it is not the Baptism of Water that makes a Christian but that of the Spirit and the same delusion works upon men to rest upon Signs and Forms under the Gospel as under the Law Yet the outward Church-fellowship that is the first so called sign of a true Church being with them that is the Sacraments and that profitable Sacrament of a Priest to administer them makes all within the Church though there be no Officers or them but meer Lay-men so called Church Wardens and Over-seers and of these inconsistences and incongruities are our Parishes framed Let me therefore to clear things to the world a little open the Quaere of the Congregational way of all sorts and their Opponents 1. First Whether in so great an Apostacy as the very Form of a Church seems to be lost there ought not to be an agreement of Doctrine and Discipline according to the Primitive Rule and meerly according to that to lay the foundation of Church-fellowship 2. Secondly Whether in the admission to such fellowship in such an Apostacy and when yet the profession brings along with it no danger to life or goods there ought not to be a strict examination and from that some apparent signs of real holiness and true faith with some measure of knowledge 3. Thirdly Whether the Members ought not by an express agreement made between them and the Church to which they Associate assent to that Doctrine and Discipline and promise obedience to the same 4. Fourthly Whether these Members are to be admitted as they shall voluntarily and of their own will associate or as they inhabite which is called Parishes 5. Fifthly In whom the power of Admission and exclusion of Members rests or to speak it in the Prelatick phrase Whether the Superintendent Pastor Bishop Officers that is the Classis respectively or the Brethren that is the whole Company of Believers not excluding Pastor and Officers have the power of the Keyes that is may exercise all Ecclesiastick Jurisdiction save onely in the Sacraments 6. Sixthly Whether the limited Congregations and that either in respect of multitude or bounds be warranted by the word of God 7. Seventhly Whether they are to meet in one certain place 8. Eighthly What is the proper work of the ministery viz. whither conversion of unconverted ones which must suppose with us some baptized not converted or only the confirmation and edification of Church members 9. Ninthly Whether the Pastors c. of particular Churches may not only teach to confirming and edifying of sister-Churches but also perform all other Acts of Pastorall c. Office 10. Tenthly Whether prophesie ceases or be a perpetual institution so that they who bear no Church Office may exercise their gifts as brethren which they oft do to the shame of the present so called Ministery excelling them not only in life but Doctrine and also in the gifts of admonition instruction confutation reprehension perswasion and consolation of the hearers and that the body of the Church present Now to clear this It is controverted but not yet by the Congregation publikely 1. First Whether there be an infallible Ministry not as teaching by an infallible word and giving fallible expositions but such as in their at least publike administrations have an infallible Spirit to guide them The reason of this Quaere is of principall concernment for if such there be then assuredly their work is extraordinary and then a setled maintainance for extraordinary men will to most judicious men seem incongruous and if out of a setled place more dissonant from the universall ingagement which by the mission apostolicall is upon those endowed with such a Spirit If there be no such men and that that spirit visibly is not existent in such men among us Then the Quaere is by what Rule or upon what ground Apostolical Succession is claimed without Apostolical Spirits And then upon what ground they become Teachers of the people If it be said from humane Learning then the work is by some thought properly the subject if not soly of the Magistrates power and cognizance If it be said Divine purely then it is answered before and must be proved either by the express word or working of the Spirit or both if mixt that is grounded upon a Divine and infallible word but subject to a fallible construction Then we are in the round for none will acknowledge their own opinion faulty By this it will appear that the particular Christian is the keeper of the first Table for none of these are in the whole infallible Popes Councels Bishops Elders Classes Congregations all erring wandering pleading infallibility and demonstrating themselves fallible For the age and Qualifications of Pastors and Teachers I altogether omit it presuming if the greater be setled the lesser will also The Question concerning the Admission of Infants to baptisme I omit with the ancient Rites of Baptisme where the persons baptized stood up and received the Sacrament And only say that if no Rule were originally given for baptizing in Fonts instead of fountains no nor practised in the most flourishing times of the Church in all places Christian yet after commanded then assuredly if the Church hath that latitude in the form take it only so of a Sacrament There is not so much amiss in Romes Mass as is supposed and if the Church hath not that power there is more amiss even in the purest reformed Congregations then is yet discovered And if so then surely the Power of the Church must rest in dispensing duely the plain word for edification exhortation confutation reproof or exercising the discipline in rejecting the obstinate and disobedient And in doubtfuls and indifferents Christian Liberty must consist provided that Liberty be not destructive to the civil peace in word or deed or evidently tending thereto This now will allow both Magistrates and Congregation a respective bound whereby both Antichrist Lay and Clerick may not domineer to the disturbing of Conscience for if in in Pauls time one eat flesh another Herbs one meat sacrificed to idols others not some kept dayes others not Why this Ado especially with Christians in a Church way for in the Magistratick order surely he may however he will enforce not prophaning the day he appoints as aforesaid and though they onely of his opinion keep it regularly yet none of any opinion shall despise it and him irregularly and if
they do and go unpunished be assured the Magistrate is in the greatest fault he is or loose or lazy or both So for maintenance in this way the Magistrate may clearly setle it and ought and that onely from a publike maintenance for otherwise his people will grow pure beasts in the form and shape of men and to these he ought to setle a maintenance competent for humane industry is capable of humane satisfaction this as Teachers but as Pastors let the additionall maintenance be as Christian duty requires Now to setle it as Tythes were the What and how and where and when and to whom well setled it cannot be unlawfull that is to give a tenth but to admit it as of duty to the Minister as to the Priest to plead customes of and for Tything as well as to deny customes of not Tything are all equally absurd if throughly scanned A maintenance and that onely is agreed due by all to them that Labour in the word and Doctrine but the whole Ministery hath with us been so Generally corrupted that not onely men have made or pretended conscience to pay any Tythes to such wolves in sheepes Cloathing but from the vanity wickedness and perversness of these men of corrupt minds have questioned whither a ministry be Here is a hard task for the Magistrate for he hath been necessitated to take that power into his hands which at first himself questioned whither it were lawfull for him or not but attempting and finding no danger present the fear is now least he should not let go his hold I presume this is clear he may and will declare if he have any Religion which he approves this is most naturall that he will establish what he consents not to who can perswade himself of it all that I can say is if he be a Christian let him with all meekness and in the evidence of truth by all Christian means labour to win all but to enforce none but the wicked and disobedient to just and righteous Lawes The want of which is the great disgust of all good men but I shall not enlarge here of that The Churches power then consisting principally if not wholly in things plain and evident it is most certain that the Magistrates Power in ordinary ought not to stretch so high much less exceed that is to help where that with humane thoughts seems to come short as the Church hath hitherto held Now in this I shall speak one word to the great and weighty consideration of the Supremacy of power and whither and how there be or may be Two Supreams which will a little clear up the way for amity amongst so called Christians of all opinions First we must consider the rise of the controversie is from the word of God in all the new Testament wherein all words of saving knowledge are directed soly wholy and onely to the Elect Saints at least by calling and profession which in their season some think nay beleeve shall govern the world and at these as called out of the way of the world to a more holy and spirituall serving of him Now some suppose this was to be done onely in a Church way which both Papist Greek Church and Protestants of all sides agree that is that the Magistrate Ruling among Christians in ordinary ought to be a Christian Now saith the Church of Rome and all as a Christian he must be a member of some visible Church if so he must be subordinate to the Pope and a generall Councell saith the Pope to a generall Councell and Fathers of the Church lay the Biblers of old To a generall Councell and the Kirke say both the Lutheran and Calvinistical Divines All which place the Power of the Church Authoritatively in the Officers or Officer Supream Now those of the Congregational way of all sorts distinguish as the rest do First in that the Supream Magistrates are men and so members of Churches they are Subject to the Discipline of the respective Congregations and Churches but as Magistrates they are distinct Officers in the world for the good of all men and the peaceable and quiet Governing of those committed by God to their charge Now as a member he is inferior to the whole And as a man he is Subject to Ordinances But as a Prince he is not Subject to the Church for as the Prince cannot as Prince perform the Offices of a Pastor So neither can the Pastor Officers of one or more Churches intermeddle with the ruling power of the Prince as a Pastor or Church Officers in any of their opinions Now for Supremacy they who are Christian Princes and Pastors will not strive for the Supremacy of Power but keep their fixt places All Saints are now the Kings Priests and Prophets of the most High God But more especially the chief Magistrate in Ruling represents the Kingly Office of the Lord Christ and the Pastors and teachers the Priestly and Prophetical The Prince Governs the Commonwealth according to the Judiciall Law of the Almighty God the Law of pure righteousness laid forth in both the Testaments And the Pastors and Teachers and Elders Govern the Church in dispencing the Ordinances and Rules of the Gospel the Pastor principally if not only in Preaching of the Doctrinall part of Christianitie the brethren appointed to teach in opening the practicall part of Christianitie I know that some hold that all ought to come under the pure notion of Church Government and all Magistrates to Rule as Church Officers I allow it fit to be Queried but I presume it is the wickedness of our present age blinds our eyes that we see not all that all of them who pretend to sinceritie desire And I see not notwithstanding our variety of opinions but that all that have not the mark of the beast shall sit down with Abraham Isaac and Jacob in the Kingdom of Heaven By this it is plain there is in the Church of Christ the Lord Christs Substitutes in Governing the Nations by the materiall sword according to a Law of righteousness and Justice which man may comprehend And there is the Lord Christs Substitutes in holding forth to the severall Churches the Gospel of Love the one hath the sword of Justice the other that of the Spirit In the order of Government the Pastors and all the Saints must submit to the Supream Magistrate as to Christ the King As a Christian the Magistrate must submit to the Doctrine and Discipline of the Church of Christ as a member of that body whereof Christ is the head as a member a Christian subject to the Ordinances of the Gospel As a Prince ruling justly those committed to his charge It will be thought that this admitting of the Prince subject as a member will make his power subservient to the end of that particular Congregation to which he is associated And this will breed Emulation and at last division Now let this throughly be considered in the cause
original and the head of this fountain of bitterness being stopped the streams it is hoped will be dried up From whence doth all this proceed but from the opinion of the benefit of uniformity and from thence the necessity and thus we War that we might have peace and instead of convincing by Love and waiting the appointed time when the vision will assuredly make haste and come and will not tarry we enforce labouring as we think by humane wisdom politiquely to prevent the evils we imagine may grow to a disturbance of the Peace of the Church And surely this pride of heart and humane Wisdom this thinking so well of our selves and looking at the opinions of Christians more then the lives and conversations which is next to the eye of every man and whereby God and Christ and the Gospel is visibly dishonoured is the source or spring of the quarrels of Christians our duty in practicall Christianity is so plain and our conversation so contrary that it is the Wonderment of a Moralist and all our divisions for Church Government Power oh had we Power And what brethren could you do with your Power could you raze one opinion out of the heart of any conscientious man now after so many thousand yeers man leave this vanity Christian now after sixteen hundred yeers learn to know the motions of the heart are only in the hand of the Lord teach in season and out of season to draw to the Faith but let the Spirit of man be convinced of the duty of Faith What sense and reason is capable of in the plain Law enforce so far as to secure the peace and expiate justly the offence For the Quaere of the power of Churches one over the other I suppose it is beaten sufficiently and in whom the Power of setling of Pastors and Power of excommunication rests I shall now proceed and as a necessary Quaere treate a little First of Impropriations and then of Prescriptions Impropriations to speak plainly are of two sorts the first called appropriations being the granting presentative benefices to Religious houses The other was the freeing of such Lands as were given to Religious houses from the payment of Tythes the ground of this was the supposed vertue that was in the prayers of these Religious persons but indeed there was a knot of carnall Policy also which was to keep the people ignorant by admitting little preaching which was counted the mother and nurse of Sedition Now this Arrow came not only out of the Popes quiver but secular so called Princes after he began followed till at length the Abbyes Monastaries Fryeries c. had abounding in riches and thereby abounding in ease growing Luxurious and sinfull beyond belief fulfilled the measure of their iniquities and Henry the 8. was the instrument as aforesaid to plague them who yet looking rather at Lucre and Power temporall then Religious duty did not return the Benefices and Tythes into the Ancient course but conveyed them still along to the owners of the Lands of those Monasteries c. to which they were annexed as they are still continued Now as many had such things by particular grant so others held them and some other onely by prescription but the not doing of three or four things makes Reformation difficult First the not ordering all Christians in a Congregational way either limited or parochiall or absolute which is best without which a choice of a just safe and equall representative Christian will never be Next the not ordering all Annexations and Impropriations into the Common stock for the maintenance of teachers Humane and Divine Thirdly the discharging of all prescriptions customes Grants c. of particular priviledge of old either of places times or persons Lastly the setling one Law weight measure and tenure precisely throughout the Nation Now to speak one word of prescription I take it to be but only the continued Right of a particular person or family or now of a Corporation Township c. So that upon due and full search it seems to me no more then a custome in many places and cases Now for this the time of prescription ought to be set certain next the same ought after once pleaded to be setled and published just as a custome so that no publike Right may not be publikely known and the Justice of it owned for many prescriptions are as unjust as many customes and equally to be disallowed as arising upon false grounds evil in themselves or tending to the dammage of the publike I now come to Quaere What Law the Christian Magistrate ought to settle THis I suppose many will accompt a needless quaere both in respect that the law judicial generally is formerly asserted requisite to be the head law and also a forme or kinde of setled proceeding in law agreed to be principally according to the reason of the common law so called of the Nation herein laid down as grounded on the word of God But my intent is a little to discuss the rights of the so called common law and civil Law and whither it be fit to allow such divers courts of so called divers laws and to search shortly whether they were originally one and the same or not which I really suppose they were for it is evident that although the first writers of our laws use not the forme of words of the civil law dividing the law into the tomes of the Digest the Code the Authentick and the Feuds Yet the rule of Justinians Institutes which are an epitome of the Digest is by them wholly observed Now the Digest or Pandect that is the new called Institutes for they are various in names I agree to be but the drawing of the multitude of particular opinions and judgements of many venerable sages of the Law into one setled body of Law containing variety of learning upon particular Titles of law or head laws which laws being grown exceeding voluminous and intricate the English neglected them and few being learned they were under the sword dispensed with and politiquely brought into the Closet of the Conquerors breast and as the condition of the Nation required were enlarged or streightned at pleasure And upon interest only the municipal law or customary Law of the people was by some setled in opposition to the so called civil Law Now this interest was partly of Princes who found the Civilian still to draw strongly towards the advancement of Papall interest partly of the practizer who hereby siding with the Prince at last drew the Civilian into a narrow room and got the name of common lawyer as studious of that law which was used and received among the people by tradition generally and in time they got preheminences and liberties as we have seen established We have known the great strifes that have been in these courts not out of conscience of the interest of justice to be either more faithfuly or more speedily and at a due rate executed but to bring grist
better for see how Lent was kept lay in so much flesh before as served the household And so it would be ye will say for two dayes in a week I agree it therefore I say truly observed therefore as in the historical part I propound that the reason of every law be divulged and conscience from conviction of the benefit of it engaged to obedience and no way like that as the examples of Catholique abstinence now manifest But if the Magistrate would use force I shall offer the best and most reasonable way which is to send to every household in every town so many fish at an equal and set rate by him according to the number of his family so many fish for every head by the year accompting two daies in the week wholly for fish Now the benefit of the preservation of yong Cattell is great and warily to be provided for therefore let the Magistrate enact that all Lambe killed before such a day shall be forfeited and the killer and eater to forfeit a price So no Chicken Turky Duck or Goose till such an age no Rabbit till Midsommer And that in Two great respects First till that time they bear little grouth and do not much harme if well looked too Secondly the wool and skin is then serviceable Now for Calves the laws for rearing of yong Cattell must be made in them more certain for Bull Calves needs not in many places to be preserved equally as others some also are plainly unfit for to be reared at least by opinion Therefore there must be a loose to them more then others But to setle all to provide that every second third fourth or fifth Calfe be reared up or so much paid to the hayward of the Town And every Town to have one seems easie and feazible Whither losses at Sea by Piracy ought to be satisfied by whom and how ASSuredly the taking of customes c. engages the Supream Magistrate to the guard of the Sea now this done many think the work is done and customes are due clearly but the Subject must bear his private loss Others Christianlike say that there are providences which none can eschew and for these each one must bear his own burthen Next there are remote places wherein Traffique is thought setled Yet clearly in dominions of other Princes and States and that for any Supream Magistrate to assure their Subjects in all places is impossible Therefore the Engagement of the Magistrate must be setled First that the Piracy be within such a precinct or bound Secondly that it be a vessel of the Nation Thirdly of goods lawful but not that if any goods unlawful were in the Ship no recompence be but that recompence be only for lawful that is not goods prohibited whether for importation or exportation Fourthly to a Subject of the Nation in other cases let the customes of Nations prevail But in these cases it is just that Recompence be to the loosers by the Supream Magistrate out of prizes taken by his men of War which ought therefore to be valewed and returnes made Annually to the losers as their losses are proved in time allwaies provided a high punishment bee to him or them abuse the State Now there is great difficulty made of the proof of these things But we perceive it is easie to the State if the Governors have a minde for the lading will appear in the Bill or Cocket if they have it if not and That that be miscarried they can have what they can claime out of the office from whence they sailed And the Principal Merchants can quickly make out the work especially if all Merchants be brought under rules of Trade as they ought to be what ever is yet alledged to the Contrary How all Accompts for the Common Wealth are to be setled c. THis ought also to be done in the several Counties there are the men best known and their dealing Admit complaints to men impowred and that with speedy and due Justice and small charge and men in conscience will complain oft where little or no cause is but that is quickly ended But make it difficult and Envy and Malice are the only accusers men do accuse then not of but out of conscience only Let the times be set positively wherein to have all accompts cleared and yet let none be called to accompt upon error after a set time for I would have all formal accompts cleared and burnt once in seven years they are not worth the keeping let the Auditors be carefully assigned who are to prove the accompts and let the punishment be in case of Error or Arrears securing estate till cleared and the person except good Sureties be for it is clear it is the due prosecution of justice is the great priviledge and if nothing but securing persons will keep them in due order let the work be done For the Iudges they must have power to call to account as oft as they see cause but all to be ended with the year as aforesaid And let all Treasurers and Officers have their fees from the State as before Next let them have their offices onely during well abearing and so much in the pound truly for all discoveries of deceits and the work will manage it self especially if once the erroneous principle of conceiving it unchristian and unbrotherlike for a brother to enform of a brother be beaten out of the world In whom is the Right and Power of Calling Councels THis is a great Question much ado is made concerning it in the world and yet all to little purpose for that most spend their time onely in treating what was done but few upon what right it was founded It is not nor cannot be intended here who should Congregate the people in Civil Matters No it is intended in Questions doubtful troubling the peace of the Churches of God Now it is plain by what hath been said before that the latitude of the Magistrates power in these cases is only the preservation of the publick Peace otherwise he hath but the relation of a private Christian Therefore as Emperour King or State to settle or convene a Colloque Assembly Dyet or Councel Provincial or General he hath no Power in a Church-way It must be only prudentiall to assure or continue the publick peace in the best way they may wherein all things that are not unlawfull and be expedient become lawful But to assure the jealousie of the Supream power it is not requisite to have such publick Conventions without the Magistrates permission but to turn this sufferance into a Right was an Error Again for the Churches to desire the Magistrates permission and after to enforce a Grant or summon without was a greater fault for their profession admits less deviation just Magistrates will not deny the Churches lawful meetings while the Churches seek but lawful things lawfully Now as the Churches have the first insight as by Office into Church Errors it is their duty to
consult a remedy and if a meeting of some few Churches yea be it provinciall shall be required till error arise it may not be unlawfull they have the Right But if the Magistrate upon error settle a Law to prevent that error further the Magistrate ought not to go and so far he may then the Churches ought to observe that Law But in case of Error or such Conventions as are possibly dangerous to the Civil Peace the Supream Magistrate ought to be advised and ought to be obeyed if dissenting yea though his dissent be not in some eyes well grounded for this evil is the least however experience hath manifested in a superstitious Age the Church-man prevailes in a swording the Magistrate What I have written may to many seem doubtful to whom the power of Right belongs But the plain meaning is this This being a Church-Affair an Assembly for the settlement of conscience it is the proper work of the Churches And if the Churches have power over one the other as in the Popish Episcopal and Presbyterian way the Summons ought De jure to move from the Church but the Magistrate may prohibit and ought to be obeyed but divers Churches dissenting this in fact caused first an address to the Imperial Power and so it would do again also the very Congregating such Members into one place ought both for the safety of them that meete and the place where they meete and of the whole State to be not onely with the knowledge but the approbation of the Supream Magistrate and the rather for that though those elected ought to go yet no Christian may be debarred this in that way and in the Congregational way more clearly will assure that though the business be a Church business and concerning matters of meer conscience yet the great matter is as they are men to consult of difficulties and this is the Church-work and therefore the Magistrate ought not to prescribe the Christians met what to propound For I presume That ought to be long before manifested first in the private Congregation then in the adjoyning Churches yea in publike Conventions There is another part of the Quaere that is Whether the Magistrate may summon without the Churches prayer Now as to the right assuredly as a Father of the Country principally intrusted for the good welfare and peace of his people and as a Christian taking notice of unchristian Controversies he may invite assembling the Churches and may require it but ought not enforce untill the civil Peace be actually disturbed he leaves the sin at their door This root of bitterness arose from thoughts of the necessity of remedying what was amiss and venturing all for that which is true and false A false colour of truth with a real mistake the Magistrate cannot enforce here the Church must have its due liberty here otherwise we must admit by the Rule of Contraries the like power to the Church against the Magistrate offending No let each keep their place and if the Magistrate will amend the Church let it be by Preaching not fighting let them come that will upon his call let him perswade the other not enforce actually politickly he may no not though all that come agree with him But I am confident Take away the interest of Power and Revenue and the Spring of all these controversies will be dried up for the matter is clear in it self and by most so agreed I could enlarge much in this and all the heads that I have treated on I could have multiplied Quaeries to delight the Ear and make the Book more Merchantable in this Age I could have scattered witty varieties Recorded old Histories and enterwoven new Stories to have delighted a foeminine fancy I could have so polished my phrase and trimmed my discourse that it should have stoln away the heart of a light youngling and like a Romance fettered him in a clew of delights till he had come to the end of the Book and been never the wiser But as the first thing moved me to this Work was the serious apprehension of the bitter Cup the Lord had put into the hand of the Inhabitants of this Nation to drink and what God had done in Germany when my soul considered the deadly defiances among men so called Christians not onely Nation against Nation but they of the same Nation one against the other When I eyed the Threats and Promises of the Word of the Eternal God Revolved his Acts of old and at present done amongst us comparing the Professions and Practises of Christians and that though we had light above others yet our sins were more grievous then others but most of all was my spirit affected with the many engagements which lay upon the Nation For this light drew from us on all sides Royal and Parliamentary and that under what notion or name or opinion soever you will rank them Promises and Vows of setling Truth and Righteousness King Parliament and People all seeing the Errors in Church and State a bare name no face if a footstep of pure Christianity This in the first place put me upon a more serious way of Writing and in the second place the multitude of my occasions would not permit the idle time to clip and pare and file when I was forced to steal time to cast and mould the matter of this Discourse by a quarter of the hour to day and as much the next seldom an hour together and then happily not of a week two or three sometimes not of a moneth after This will render me to a wise man over zealous and over-confident to rush so unadvisedly into such a great undertaking as it doth attempt the holding forth though but in Essay the frame of a Civil Christian Government and they that know me will say Have so many Ages passed Are so many wise men at present And none to undertake it but one so young a man not able for time to have digested in any part the voluminous Tracts which he that but offers at such an Essay ought to have gone through and to do all this raptim and that by snatches which required the most serious thoughts Lastly A man that practised the Law of England so short a while that he could not comprehend the Ambages of it and for eminency of parts a man of no Renown the world hath not taken notice of him I know this as to others will be the whispers and speakings concerning Me and this Work It is not presumption of my Abilities nor to gain applause that I adventure upon this Work my heart was fired within me when after so many reiterated undertakings for Righteousness Justice c. I saw the VVork so far off from perfection that it was worse then before I waited attended hoped prayed and all yea incited men able and skilled in the Laws of the Land by long study and approved parts They agreed Error in the whole a necessity of Reformation and that even by a
Nimrod who notwithstanding he had elder brothers yet took the power of government upon him yet it s conceived he went no further then the government of his own family the heads of families appearing in the same age with him in the offspring both of Shem and Japhet and t is not probable that in those times the government was mostly such for they might have enough in one family for one man well to govern considering the many hundreds of years those ancients lived and the mind of man might well then be contented with it the profit was care and the honor duty and the end only safety against brutish invasion which course is as most natural so most conjectural untill the contrary be proved And most assuredly as their families increased even after the dispersion so divided they the land as well as in the dayes of Peleg and though it may be conceived that in this dispersion and confusion of languages the seed or occasion of future Discords Wars Jars and such like was sown yet it is probable that the earth in the fulness thereof being before them and the remembrance of kindred being fresh they did not immediately break out into blood by forcing a disseising or putting them out of possessions who were in but those unprovided sought out habitations and their numbers in their respective progresses increasing they sent out what we call Colonies The chief leader or Colonel of which was as is most likely the most Ancient who also gave forth to them the general law of their fathers whether traditional or otherwaies and the next in degree of age as the fathers of many children were accounted as chiefs next that cheif or King and these by Scripture according to that phrase in the time of Moses writing when now the world was grown to some setlement in disordered order were called Princes But these soon wax out the remembrance of their neerness of blood for surely where God was not regarded man was neglected forgetting God and his Law and private interest increasing the issue was divisions Wars and Jars The just might separate and divide as did holy Abraham and just Lot but the wicked fought for it and by power obtained their will and that law or liberty of blood-letting once admitted there was no stint of strife they renewed the Wars as the season of the year gave opportunity and with this strife out of all question came in against the law of nature the servitude of man to man and therewith also a confusion of families as to pure discent But let us pass on and hast the Lord makes now his family in the houshold of Abraham by especiall Covenant of promise with him and his seed rejecting all other Nations Yet how that rejection wrought is difficult for Melchizedech Abrahams contemporary was a holy man and assuredly kept purely the law of his fathers supposed of Shem though living amongst the accursed Cananites so Pharoah King of Aegypt to whom the Lord communicated his error in taking Abrahams wife and more especially Abymelech King of Gerar who apprehensive of Gods indignation for the same thing prayeth as one and that not only of himself but as of a Nation that knew and kept the Covenant of the Lord Wilt thou also destroy a righteous Nation said he not she is my sister But to proceed This Abraham is called a mighty Prince yet Arms but three hundred and eighteen this confirms what was before asserted shewing what Kings and Princes then were for these were to fight four Kings and manifestly proves the generality to be but heads of families though the Assyrian had now conquered many families mark also Abrahams complaint for lack of an heir urging his power and estate to difcend to Eleazar his chief servant These things are inserted only to lead the weak reader in a plain path way of historicall narration therefore this one example might suffice but this must be more then seconded both in Isaac the child of promise and Jacob and his progeny Isaac was Abrahams heir both of goods and graces yet falls into the offence of Abraham his father and for safeguard of his life denieth his wife And as a King governing his family hath issue Esau and Jacob Twins and although the birth right of divine blessing is by Isaac given to Jacob yet the temporall inheritance was to Esau which primogeniture is several waies and in the right of it acknowledged to Esau by Jacob whose substance was the gift of his God in and for his faithfull service he performed to Laban But le ts hast to see Jacob in his full grown family discended into Aegypt and there continued the time appointed by Gods promise during whose servitude while the yoak of Pharoah gauled the necks of his off-spring the way which God used to perform and fulfill his promise of freedom t is strange to flesh and blood you can look for no other government upon their shoulders then the whips of the Taskmasters untill the time of deliverance from the Lord comes who raiseth up Moses to be their saviour and leader but the judgements of his mouth during the whole course of his government were for the greatest part extraordinary even from the mouth or Spirit of the most high God which although it shews how nigh a relation holiness and obedience can work betwixt man and God yet so far it sheweth not ought as exemplary to us in our present Magistracy either the superior or subordinate in ordinary jurisdiction neither the Acts or judgements of any of those Judges afterwards in such special causes of evident supream either direction or assistance neither during their forty years peregrination in the wilderness nor in their daies of rest untill they called for a King nor indeed at any time That is we are not to take what ever one judges supream or subordinate in ordinary jurisdiction or legall government say as a binding word issuing from an infallible spirit or accompanied with such divine directions But according to the respective laws and customs of the place and Nation wherein we live ordered according to the reason and necessity of intervening accidents wherein those general rules which nature teacheth of self preservation and of preferring generals before particulars and general and common good before particular alwaies presumed nought be done contrary or destructive to any part of Divine rule must by all men as was by them be observed But seeing all that Moses did was not extraordinary let us a little view his behaviour in the course of this narration even of that man with whom so extraordinary a spirit rested for his first actions I leave the reader wholly to Scripture only this he was under persecution from his infancy being then exposed to the mercy of the waters only for what I shall specially aim at shall be and are his acts judicial and those either in referenre either to Church or Common-wealth The first law of Moses mouth was not only
binding to the Jew but from the equity of it was and is the pure principle of obedience to the supream powers Obey God for where that is not or ceases the other is little observed so that some which it was thought believed no God yet professed many by that superstition to inforce a reverence and from thence obedience Moses now not only gives but administers law also unto the people in the next place looks to setling of civill judicatures in the stablishment of Judges and giving rules for the choice of Judges and administration of justice wherein it is worth observation that the advice Moses receiveth herein though not from the mouth of Almighty God but of Jethro his Father in law yet being agreeable to good reason I say no more he yields enquires not of God nor did God alter it after because not coming immediatly from himself nor made any declaration by himself or Moses that it came from him either to get the glory to himself or to enforce with greater authority the acceptation of the same Nor yet disallows of it after but approves it and it was an establisht Law for the great judicatory of that Nation for ever accordingly The next thing was the Act of Almighty God in giving the laws whereby the people should be judged which were summarily comprehended and written in two Tables of Stone it may be to signifie their long or everlasting duration which were delivered by Gods own hand according to our natural expression unto Moses and by him unto the children of Israel Gods people which Laws were of two sorts the first concerning God written in one Table the other concerning man written in the other now these being as we say general laws and difficultly could all sins and offences by the common people be reduced to their proper Commandment so that they would have pleaded ignorance in excuse of their sin Therefore God gives particular Laws and Rules for all emergent sins and sets forth particularly the whole frame and order of the worship and service he expected from his people yea every circumstance requirable therein upon which the whole Law of God or which God gave to the Jew was or is thus distinguished into morall and ceremoniall relating from man to God in his worship and service of him And into morall and judicial relating from man to man which later must be thus opened The Laws of the two Tables were and still are by many supposed to be absolutely morall or perpetual and that as well to the Christian now as to the Jew then but the judicial not so but of this more in convenient place and time Now these judicial laws commonly called Moses judicials did respect both body and goods all which stand upon such order as is most agreeable to natural equity to the well being of a Common wealth and that both in peace and war To a mans self and also towards his neighbour superior and inferior yea in all things tending thereto which laws as the Jew received them from the hand of Moses as their cheif and governor so did they live accordingly giving obedience to them all the daies of Moses after whom not Moses son or sons ruled Israel neither by his their or the peoples seeking was any such thing once mentioned but the government most especial gifts and graces testifying his divine vocation shewing forth themselves in him was given unto Joshua but no new law divulged but the division of inheritances to the several Tribes in their respective conquests was as the Lord had commanded Moses and he gave forth as a law to the people And having through Gods goodness given possessions and in peace to Israel before his death he calls for all Israel or their elders heads judges and officers and from Gods former and present mercies promise and threatnings perswades them to obedience to these laws which for some time they observed under their particular heads of Tribes without any particular Prince and won great victories against their enemies which although I find in history to be ascribed to be done under the command of Phineas the Preist yet I wave it and only prosecute the order of Scripture The next successor in government there given to them is Othniel then Ehud Shamgar Deborah and Barak then Gideon these were by a special spirit of God raised up for the deliverance and saving Israel from the hand of those enemies into whose hand for sin their God had delivered them But they still departing from him that is from his Laws not giving either any or not due obedience God as it seems intending to chastise them yet more as the stroaks or contentions of friends are most bitter suffers Abimelech the son of Gideon by unjust and unused waies to seek not only the government but a kingdom yet after his death whose ambition was also punished together with the peoples sin for the people were Gods avengers on him as he was of the people now arises a new succession of Judges of several Tribes and as it seems also by the special hand of their God upon them as Tola Jari Jeptha Sampson after whose time there was as it were an interregnum no King no Judge in Israel and the manifestation of the will of God by a special spirit to any chief of Israel ceased and so for defect of worthy noble vertuous spirits the government was conferred upon Eli the Preist in whose time there was no manifest vision And though Samuel the last had it yet it continued not after him if it ceased not to work at sometimes in him who as it seems rather out of fatherly indulgence although he had seen the judgements of God upon Eli his Master and his family for such weaknesses are evident often in Gods dearest children then by divine appointment makes his sons Judges but they turning aside after lucre and taking bribes perverted judgement Whereupon all the Elders of Israel gathered themselves together and came to Samuel to Ramah and said unto him Behold thou art old and thy sons walk not in thy waies that is righteously now therefore make us a King to judge us like all Nations Where we may see error in government and governors causeth desires of change of government But the Lord commands Samuel to listen to the peoples voyce but declaring to Samuel who it seems was also a little sensible of the peoples neglect towards him though most for God that this choice of man was their rejection of God Whence mark in the purity or purest of times Gods Church was governed as a Common-wealth in the declining daies it grew to a kingdom The next thing to be considered of is to see the King settled in his Throne wherein I shall first seek out how they came to have a King that is whether of divine appointment or of their own election t is truth that it seems both concurred 1 Sam. 8. 5. compared with 1 Sam. 9. 15. but then the question is