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A33531 English-law, or, A summary survey of the houshold of God on earth and that both before and under the law, and that both of Moses and the Lord Jesus : historically opening the purity and apostacy of believers in the successions of ages, to this present : together with an essay of Christian government under the regiment of our Lord and King, the one immortal, invisible, infinite, eternal, universal prince, the Prince of Peace, Emmanuel. Cock, Charles George. 1651 (1651) Wing C4789; ESTC R37185 322,702 228

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others either preferred before or above them yet even in this time the name of religion was venerable and truly the faith of many or rather the credulity or superstition of most with abundant charity was everywhere perspicuous love of God drew some but Pride Lust Covetize Ambition Ease and such like drew a multitude to speak of the multitude of vain and superstitious attractives I count needless as fitting rather itching ears then solid heads yet this gangrene over spred the whole body of the Christian Common-wealth and it was no miracle for miracles were become common and now the Church slept in greater security then before for who durst oppose the word of the Pope and the sword of Princes for seeing fire and faggot the ax and halter were now in the hands of the chief Christians what cause of fear to the servants of Christ and what need the Kings fear if they had the Pope to their friend yet divers of them repined seeing so much of the temporall estate each day slipt away under Ecclesiasticall jurisdiction so called as that in the time of Henry the fourth of England when it was complained of in Parliament that the third part of the Land and revenue of the whole kingdome was in the Church-mens hands and it was petitioned to take some away the first publick act of the people of England against the jurisdiction and estate of the Bishop of Rome although in the case of Johns grant of the kingdome to the Pope to hold in fee of him The Lords dis-owned the power of the king to grant as having no more but a trust in the kingdome but they did not hint that his Holiness could not take and it was vain when they saw he gaped for more then he took and took more then was his due The succeeding Kings were either so given to forreign wars or troubled with the intestine divisions of the houses of York and Lancaster that now they were forced to own Parliaments yea to take the chief strength of their Title from their determinations There had been a Law made formerly to have Parliaments once a year for as the Kings of England sought to avoid those publick conventions of the most potent Lords and popular Commons for divers most evident reasons as they conceived and upon their unjust grounds truly destructive to their Royalty for there their actions were continually questioned the actors by personal command of the Kings against Law or labouring the abolishing the Laws either fined or hanged or otherwise punished and though some Parliaments went cross to others some even justifying the acts of kings against Law and their abettors this invalidates not the power of the Parliament but confirms it for by these Acts the kings after made Title so that here the Parliament got into their hands and that upon motion of the kings even the power of appointing the king and this arose from that bloody contention between those two houses But you will ask was not the Title clear yes without doubt but the Estates that is the Parliament upon the great dislike of the present Government their hearts being alienated from a dissolute and riotous Prince sought out the man among them of the Race with whom the potent men could drive the best bargains for Riches Honor and promotion and ever or mostly though the love and zeal of the Laws Liberties but especially of Religion gave the first blow to the quarrel and suited it yet interest espoused wedded owned and enjoyed it so easie are the best natures to be corrupted and depraved by outward excellencies or esteemed excellent things But it may be Quaeried what all the succession of Princes all this while did for the Church truly all they could both by themselves and Subjects multitudes of Churches Monasteries Fryeries Nunneries Abbies Chappels all planted in the most pleasant delicious places of the Nation admirable and costly structures richly furnished largely endowed both with lands and yearly profits of Tythes onely to send a brother to preach and now the common maintenance of the Church or Church-men ceased and was made proper and after was drawn into that civil order which we now call a Parish being a limitation of the bounds of the Church for care of souls and maintenance and though indeed there was so great a sufficiency yet even then many of the Clergy were in want it may be the Pope thought it fit some of Christs Servants should be like their Master I mean of that so called and justly at first the Fryers of Saint Francis Order according to their stile commonly called the Begging Fryers for so they did upon conscience of the Rule of our Saviour Go forth into all the world take no care for any thing one coat no money not a staffe no nor sandalls these went bare-foot preached diligently expecting onely what God moved peoples hearts to bestow upon them for they beleeved that God that said The labourer is worthy of his hire would not suffer them while they laboured to want That Rome testified against Rome admitting truth for truth though living in Errour yea many of these preached against the Errours I say not of the Church but of the Court of Rome wisely as it was beleeved covering their mothers nakedness with the Fig-leaves of their temporal acquests but all were not so politick some spake plainly against the Bishop of Rome in all Ages and preached Rome Babylon and the Pope Antichrist and it might well be for Rome come to the height of outward greatness so that the Mahumetans who look for an earthly Paradise excelling and abounding in all carnall delicacies could not have desired more it fell into the sink of enormity all debauchery riotousness and prophaneness and exalted it self not onely against God kicking with the heel now she was fat but above God under the power of the Keyes for she dispensed with the very Commandments of the Almighty giving licence not onely to unlawful but even to incestuous marriages which hath filled Christendom so called with all those horrible and direful effects of wrath upon all Nations which now of late years have fallen out especially upon the Kings Princes and great men the great Merchants whose lusts would admit no denyal and so traded with this spirituall harlot for some of her trash and paint to give a colour to all their incests murders perjuries lyes adulteries rapines thefts extortions and such like and let all the families of Europe look to themselves they boast to be descended of Kings ally'd to all the great Princes of Europe but have they not therewith an allyance to the judgement which will it is probable follow these sins till the blot be utterly worn out and let them look to it they hold not but by this beast and will be destroyed with her mistake not I say not all Kings or kingly power or Rule or Government but the issue of Incest and the spawn of unlawfull Lusts I must now return to the
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
English-Law OR A Summary Survey of the Houshold of God on Earth And that both before and under the Law And that both of Moses and the Lord Jesus Historically opening the Purity and Apostacy of Believers in the Successions of Ages to this present Together with an Essay of Christian Government Under the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace Emmanuel Isaiah 1. 24 25 26 27 28. Ah I will ease me of my enemies and avenge me of mine Adversaries I will turn my hand upon thee and purge thy dross and take away thy Tinne And I will restore thy Judges as at the first and thy Councellors as at the beginning afterwards thou shalt be called the City of Righteousness the faithful City Zion shall be redeemed with Judgement they that return of her with Righteousness The destruction of the Transgressors and of the sinners shall be together and they that forsake the Lord shall be consumed Isai 2. 3. and 5. Come ye let us go up to the Mountain of the Lord c. and 5. Come let us walk in the light of the Lord. Only by faith ● G. sculp London Printed by Robert White for T. G. and Francis Tyton and are to be sold at the Three Daggers neer the Inner-Temple-Gate 1651. To the Family of God over the whole Earth but more especially to them of the Houshold of Faith in the Commonwealth of England ALL who hold the Christian Faith do beleeve that as the world had a beginning and was a created substance so it shall perish and come to an end or be changed we seem not only to be on the last foot of time in this our Generation but having stood 1650. years upon it we have many thoughts of heart-longings for the glorious appearing of the Son of God Many expect him visibly to raign here on Earth in person and that he shall be glorified even where he was crucified Others look for a Kingdome of Righteousness a wonderful light of Truth to be manifested glorious out-breaking glympses and appearances of the infinite wisdom the brightness and evidence of which shall scatter all those clouds and dispell all those Exhalations which have mis-led us in the walkings of Christianity the false Prophets Clouds without rain and Fires without heat which have appeared amongst us A people in this Nation hath had as great testimonies of this as any people extant on the Earth The Power of the Almighty hath visibly appeared here these many years scattering of Truths and revealing hard sayings and giving to understand things that were hid for many Generations though according to the wisdom of the Father he hath dispensed divers gifts and that there is much of controversie among us yet if all be really for Christ and the increase of his Kingdom what matters it Let but all this move and incourage each in his place faithfully to labour in the Vineyard of the Lord. The Master is expected how he will come le ts not wrangle about nor with whom Let 's all high and low as we profess to expect his coming so prepare for it Assuredly he will then come to us in his glory or take us to his glory Therefore all you that in sincerity profess Christianity rowze up your selves listen to the call of the Lord He hath call'd afar off in Germany he hath call'd at home both here and in England and Scotland hear his voyce prepare to meet the Lord your glory Hitherto Christians have been the shame of Christianity and Gospellers the scandal of the Gospel There was a fatall and general Apostacy faln upon her who called her self the Spouse of Christ she as Aholah Aholibah played the Harlot and though she here with us in England promised to return yet she kept her Darlings still if she parted with the Assyrian Adulterer she kept the Syrian God will have no mixture with Idols England hath long desired a thorow Reformation Let no man boggle at the work if another desires more then as some of you did 20. or 30. years since why may not God have revealed this to him and closed thine eyes now as well as he revealed his will formerly to thee and shut the eyes of others Heretofore God put mean men only upon the work here and there one now he hath put many and great men upon the work and what ever spurs they have yet Christian if they drive on Gods design lay thy hand on thy mouth and only admire how God brings things to pass what he intends Some men are so rational they can see nothing of providence reason devours Religion and they are afraid lest they should happily find or be found of God in a way they expected not they wholly trust to reason and will see and feel or they will not beleeve Others are meerly sensual and in the muddiness of their temper follow sense only because reason is so various as many opinions as men even in things not above us This is the main basis of Atheisme shun this Scylla and that Charybdis and understand All Gods wayes are not only prudential but providential and God assuredly speaks both ways He that improves providence to Lust Error and Transgression against the evident revealed will of God is like him that because he hears of Election sins at liberty which is a mark of Rejection He that in doubtful things in streights for God his glory his Truth and Laws the purity of Righteousness in simplicity eyes God with constant and fervent prayers walking humbly and watchfully over himself and all that partake with him spying what leads and misleads and searching all interests casts all away all but that of the Lord and his Righteousness Surely he is like him that hearing of Election and not knowing who it is yet beleeving not only the truth of it but blessings appertaining to it saith I will seek if happily I may find I will knock because of the promise and such are assured to enter life eternal Now all you that have in your eye the expectation of the glorious appearance of the Lord Christ in your several stations Parliament Princes and Nobles Army Judges Officers Magistrates Rich men Citizens high and low Rich and poor one with another despise not my weakness inability unworthiness eye not my life past or present but look to what I say and as you find it bearing the mark and character of fervent truth accept it if you doubt labor satisfaction privately if you spy an error rebuke or inform me with Christian wisdom and sobriety my zeal for Gods cause not self-confidence hath put me forth to the work and I shall willingly learn and bless-God that makes me know his will yea though by my failings so it may work to the encrease of his glory and propagation of truth Amen So be it And first give me leave to speak a word to you that have at present the Supremacy of Power
divine they begin the question with the power of Calling confirming presiding in and adnulling Councels and ended in dethroning Emperors They who undertook the contest were wise and able and though they opposed a powerful yet it was a devout Emperor and shaken with homebred and intestine afflictions frequent in the decaying estate of the Empire this was heightened by what was then called zeal for Gods Altar after that branded for spiritual pride and accounted the highest step to Antichristian error opening the way to what ever followed with ease placing an especial sanctity in ordination from the Deacon to the Patriarch and so to the Pope gradually and in him not onely to primacy but supremacy so that what was before evidenced by faith and holy conversation was now solely attributed to imposition of hands this was a holy unction an indelible Character marking who were Christs God left not himself without witnesses against these growing errors in the several Ages wherein they were propounded to the world which gave some stop but one error ushering in another strengthened themselves so that at the last they shut truth out of doors But to speak of the particular errors upon the Quaeries arising among Christians First concerning the written Word of God and word in general of the written Word how we are to finde out the sense and know which is the true letter whither it may be translated and whether a fit Judge of controversie Secondly if not who concerning traditions and the way of knowing them which are Apostolical Thirdly the properties office and marks of the true Church And so Fourthly of the ground of faith upon all which with many more necessary and useful matters the whole frame of unnecessary superstitions vain sinful nay damnable doctrines arising in future time was founded I cannot at present at least intend any discussion nor may it take so well with the generality of men to have one whose study and profession was the Law though a Christian which general profession I esteem a full liberty to Quaery any so called Ecclesiastick or Church controversie but that indeed being not the main of my intention I shall apply my self to what is the scope of my undertaking in that way The God of heaven whose aid I implore shall direct my spirit The Bishops of Rome now labour an addition of believers in all Countries and not onely France and Almaine but even the remotest Ilands of Britain receive the truth the Church was to be universal there was a word of truth for it But as the Emperors and Princes of the world had by several experiences found out the best and quaintest waies of stretching their subjects purse-strings without cracking to be the gains and in-comes of sutes and controversies which being the vents either of malice in prosecution or victory in the issue and the party overthrown though miserably complaining were alwaies remediless generally unpittied for it was done by Law the rule of Justice The Bishops of Rome now begin generally to challenge to themselves not only for the honor but for the necessity of order special government by way of judicatories at first only of matters arising within the precincts of his government as Bishop of Rome but after it extended by way of supremacy the great injustice of all Princes giving colour thereto to pluck away causes from the remotest parts of the world after the Bishops had settled their powers and by them courts in any kingdom realm or nation And from particular controversie between person and person Bishop and Bishop he at last became the umpire of the controversies of Kings and by vertue of the necessity of a final appeal he gave away kingdomes as he pleased as the annals not only of Germany but of France and England do specially commemorate and now the name of universal Bishop would not suffice nor these large temporalities bestowed upon them by Princes but they seise the Cities of Romandiola Ferrara and Bononia and much more in the vacancy of the Empire nay the little Horn would not rest so contented but the Emperors oppose the Popes now produce the grounds of their actings partly from reason partly from Scripture yet both agreeing in the substance the necessity of an umpire in the Christian Churches that this absolution must rest in the Church whereof Christ was the head Peter his Vicar and the Pope his that all the kingdomes of the world were now the Lords and his Christs that he gave them to whom he would that this his Vicar was the most fit person yea the only fit if not designed for he was the common father of souls had the care of the Churches good upon him that not only all were alike to him but he bound alike to all the obligation too the Church only excepted This wrought conscientiously in many but actively in most though suspected of self-seeking in some covetize and avarice being the common error of great enjoyers especially in high and ambitious spirits whereby the Pope was not without his Champions against all opposers and as most pretenders do they did some justice extraordinary at first but when the notion of infallibility was accepted who could oppose now the Church was in its ruff and now the whole world turned religious and all Nations especially in Europe were become so great admirers of Christian profession that they erected Monasteries Frieries Nunneries and men and women were engaged on all sides all worldly obligements neglected for the service of their Saviour husbands forsaking wives and wives husbands Children and Servants leave Parents and Masters nothing so secret which confession could not unlock there was ease and plenty so that the Popes chair having so many feet it was in no great fear of falling but least the people should discern this the foundation of all is laid upon the indubitable word so called of God of which they are the sole Expositors and this by way of anology or similitude betwixt the old and new law Therefore they hold forth that as among the Priests one was cheif under the law so also under the Gospel and as the Priests so their lips must preserve knowledge as there was a bloody so here was an unbloody sacrifice and as there was a Temple so here another Church inferior Churches as the Synagogues the times of sacrifice are called Canonical hours and all the officers and offices of the Jewish frame are now brought into the Church and though acknowledged ceremonial in themselves and so passed away yet the mystery of them opened and the end relating to the service of God and his Christ now as before to God under his name Jehovah was allowed as necessary for his better service and as the glory of the second Temple was to exceed the glory of the first so the maintenance of the ministers of Christ and the outward lustre of service was to exceed it but that they might fulfill the measure of iniquity they bring in the use of
otherwise He that will rule let him be servant be not like the Princes of the world but yet this as most cohering with naturall reason and the custome of Princes and that the decree might be fulfilled was accepted by the Princes of the earth and now the Crozier and the Crown went together in England for the Princes were generally zealous of the Law after once admitted it may be politickly but I judge not although that from the power of the Romanes here so long ruling there was a foundation laid of good and just Laws and holding much consonancy with the Judicials of Moses yet the many barbarous and irrational customes and usages especially those that were unchristian were by the Kings with the consent of their people abolished and extinguished and there was one generall Law received which was That nothing was to be done taken or holden for Law which was contrary to the Law of Almighty God meaning the Law of Moses which they took to be the speciall Rule of Morall Wisdom and if once sanctiated by the Bishop undenyable if not infallible and though it is like as in all other Ages and places the alterations of old and long received Laws and introduction of new was difficult and dangerous yet this Age being a warring Age and Souldiers little book learned and yet the Princes of the earth the vulgar people were far less so that the many followed the mighty and obedience was more pure then then now though more easie to be corrupted so that the Kings beleeved the Bishops the Lords the King and the people the Lords and thus it was that whole Nations even on a sudden became professors of Christ I say not Christians and though the Monks of Bangor would not seeing the pride of Augustine submit to him yet the King converted power effected what prayer would not but this bred a worse stir after for these Monks still living in their simplicity and preaching faithfully requiring nothing but being contented with what the people gave were more pleasing to the people then they who were not only imperious and proud but covetous also so called in requiring and enforcing Tythes according to the Mosaical Law and this was tryal enough for generally men love to be of that Religion that costs them least Parishes were not yet known they had not in these dayes nor many hundred years after such clear light in Christs Discipline as to finde that civil prudential thing in the book of Religion but men gave who would give their Tythes to the Ministry these in each County or Diocess or Precinct notwithstanding all learned oppositions of the so called Clergy were treasured in common the Bishop if any were as the High Priest or Priest had his portion or Tythes out of the whole and the Pope was to have his Tyth afterward called Annate or yearly Offering from him besides first fruits paid originally by every Minister or Monk for they then generally were the Ministers though not only to the Bishop upon his introduction and the Bishop to the Pope all pretending s●…ill after the pattern of the Jewish Church So also was it in their Courts by way of gradation admitting appeals and that at last to the Pope himself which though upon the first ground each Prince ought to have allowed yet some Princes finding the evils in time by alienating the hearts of their Subjects from them subjugating purse and person to a stranger for so high these Popes at last went other Princes spying the rents in other mens Dominions avoided it in their own so that they either never allowed or sought to avoid if before admitted such appeals upon this nevertheless at length sprung up controversies not only between the Pope and other Princes but also between the Princes of the Earth in the respective Nations of the world and the Bishops both also using the same arguments of duty and allegiance the Pope by reason of being the Vicar of Christ the King the same the difference was the one was in Spirituals the other in Temporals this hath made the Bishops not only combine against their Soveraign for the Popes Cause but even the people for some pretending conscience have served the Popes and Bishops lusts against their Soveraign and many times either for necessity or necessitated by superstition against their own as well as the Kings Interest And thus by degrees what the Spirituality as they termed themselves had obtained in other places is granted in England and the marvaile was not so much at what was granted but that no more was when even the Crown it self was holden in homage at last of the Popes Holiness so called And now were the people all fitted to receive even what should be imposed upon them I cannot but observe again that these Ages were very ignorant so that the Church-men for want of others were without scruple commonly if not generally admitted the Seats of Judicature in the ordinary Law Courts of the Kingdome and were the prime men of the Kings Councel so that there was nought to hinder but only the pride and power of some warlike Noblemen who in emulation still opposed the Bishops and as the Age grew more knowing began to stickle against them But now the pride of Rome come as it were to the highest pitch even as all other things have their rises stops and declinings even so had this but that it might not fall alone nor want strong supporters against the pride of Princes which Rome thought would be ready to push at her she drives on a fury in spurring the people to depose their Princes upon her Excommunications the dire effect of which all Christian Nations so called felt more or less though more especially Germany so this our England and truly the people might well be apt enough to it for that most Princes had as their Rights of Prerogative taken from all but their Souldiers whose swords upheld them in their Majesties and so they upheld them in their acquests be they good or bad and from the Priesthood then generally so called whose superstitions should work an awe upon their spirits all that could be called an immunity much more the Rights of a free people and that people should be slaves to their Prince is not found in Reasons Lesson and that any prime Nation in Europe was the Conquest of any of their Kings I read not true it is Castile conquer'd all the rest in Spain so the French were reduced into one so others and so our England the conquer'd yet in length of time enjoying almost like grace with their fellow Subjects but with us in Wales we were made one This caused oft and dangerous tumults wherein still a Priest bare his part but things of long date being incertain we shall now come to look at the last great mutation in this our England and carry along the business of the Commonwealth from the time of William the first sirnamed the Conqueror as principally eying
against them and they who hoped to have time to make all sure would not seek that with too much haste and danger which by former experience they saw a small time would of it self restore for it was taken before and would shortly be again and hinting nevertheless that a mite of Gods stock or of the Churches and Church-mens dues as they called them in a Lay-mans hands would bring a moth and curse upon all his estate so that what Covetize had robbed Conscience would restore if not double and as the Church-mens policy was great so they forgot not to foresee a storm in case Mary should depart without issue and the Crown come to Elizabeth who was as the Germans called them a Protestant as the French a Huguenot or of the Religion as the English a Lollard a Bibler a Gospeller wherefore there were many plots to take her away before she came to the Crown it was less danger but the Lord prevented and she trusted in God having no forces no armor no money all the Realm Papists in profession but a day or two before Mary dead is with an universal joy almost received to the Throne and although the Pope being now strengthened by the decrees of that famously infamous Councel of Trent had raised up all the Princes so called Christian as much as in him laid against her and having excommunicated her as an Heretick gave away the Kingdom to the King of Spain who with a so called invincible Armado came to conquer it upon pretence of his holy Father the Popes donation and had by Jesuits Priests and others laboured many ways to take away her life yet she out-lived all and all undertakers against her both in Ireland and England brought to themselves ruine death loss or shame This in care for the Queen produced Acts of Parliament of several natures against Papists Priests Seminaries and Jesuits distinguishing between a Papist in opinion and a Papist in faction and so Priests as being the inciters to things absolutely evil in themselves upon Tenents or grounds not onely unwarrantable in the word nay absolutely contrary but destructive to the principles of Nature humane contracts as no faith to be kept with Hereticks no treason to kill a Prince declared heretical by the Pope and excommunicated And although the Priest and Papists did retort upon the English Professers their former pleas for liberty of conscience in matters of Religion and upon that account would have saved many Traytors to the State of England yet England wisely distinguished between those who had sucked the poyson but poysoned not others executing these and banishing them yea though venting their false opinions if not guilty in or of promoting of Acts of Treason The Pope stomacks this and Elizabeth having now framed a new Church Liturgy or Book of Common prayers or rather corrected the old Popish Mass-Book wherein was nothing contained which the then compilers supposed to smell or have a touch or savor of Popery and casting out all Q. Maries Priests had placed Protestants so called Bishops and Ministers in the several Diocesses of the Kingdom and respective Parishes and commanded no other Liturgie to be used under several penalties the Pope I say he thereupon inhibits all Papists to joyn in the Church duties offices or services with the now so called Church of England whereupon many refuse to go to Church who thereupon were called Recusants and although there were great penalties at last laid upon them as of twenty pound a moneth yet the Recusants in all Counties were many especially of the Nobility and Gentry the vulgar generally as being bred up under that notion that ignorance was the mother of Devotion turned with the Tide and the change was even to reason visible for the Service being now in English was understood or might be yet all the Protestants were not contented but some apprehended a clearer and more uninterested light to Reformation for they pretended neither to Bishopricks nor Deanaries nor any other spiritual promotion so called no places either of honor or profit but meerly to do the work of the Lord for conscience sake these taught that the reformation of Queen Elizabeth was but rather gilding the rotten pillars of the Temple and Church of Christ then doing indeed what ought to be build wholy a new For they declare that the Romane apostacy was Babylonish and that there was no more commixture to be had with her then with Idols that all the ministry of England having no other calling then the outward from Romish Preists by the imposition of hands was Antichristian that all the Courts so called Eclesiastical were unlawful and any Liturgy or set form of prayer commanded in the Church was superstitious that indeed Christs Kingdom which was of the Gospel would not admit of those prophane mixtures which the parishes in England abounded withal and that truly none was fit to be a Christian Magistrate who was not fit to be a Church Member but with all outward acknowledgments of Loyalty to their Prince as aiming at no turbulency in the State but modestly to offer their opinions to the Parliament and it seems some of these opinionists were gotten into the Parliament if not one into the chaire whose zeal would not admit him to take in consideration the Message of the Queen or affaires of State till prayers had been made publikely by the Members for a blessing from God and agreed as per one Author a day to seek God by fasting and humiliation with prayer upon the whole work But all these were nipt in the bud by the Queens authority who inlarged prerogative much through the ardent affection wherewith her vertues had enchained the hearts of her Subjects to her for she being enformed by some how highly these things might in future times be stretched to the enhansing the power of the commonalty in Parliament it being necessary to keep them in due bounds though the Queen might not mislike the Acts she did the manner being done of their own heads without acquainting her and although upon the Remonstrance of divers of these non-conformists the Commons again began to stir yet she not only as we may say wisely moderated them but trusting to the popular affection she had gained and I hope having no end of raising prerogative to a fatall eminency she politiquely overswayed imprisoning by her own authority a Member of Parliament for a motion in the house and did unless my Author be deceived tye the house to agitate no business but what they received in charge from her and the Ministers who pleaded for such a rough thorough reformation were not only silenced by dislikes but by a new impoured high commission pretended against Recusants were over-awed so that they were forced to leave the Land some who staid as the event gave evidence too indiscreetly taxed the Queen and her counsel of State of Apostacy lukewarmness nay absolute Tyranny it is evident truth that the Queen went no further
in reformation then needs she must and truly the Spirits of most men would have sunk under the burthen of her undertaking and had not God wonderfully preserved her she had perished an hundred waies she thought not fit therefore to stir all at once she was troubled with some risings every moment and to have attempted such a work as these men preached up it was not only attended with difficulty and danger but was accounted tending to Anarchy and sedition which was so earnestly laid to their charge that some of these suffered as Traytors and the Laws were as if not more spitefully used against these so called Brownnists or Sectaries then against the Papists they were few in Number but generally the cheif for zeal and knowledge among the common people who instigated the final and total casheering of the Pope It is observable many Papists were found Traitors and abettors of Treasons against the Queen but not one of these nay they died in her quarrel they taught as it was objected Treason but practized nought but prayers and patience yet even these suffered as the rest and therefore being over-burthened in spirit they retired out of the kingdom into Holland that is the united Provinces whence they dispersed the books of their opinions all over the kingdom whereby many were as it was called poysoned and corrupted and now they handled freely all the controversies wherein they dissented being under no lash and shewed the Bishops of England in their Lordly power the Clergy in their lazy set services and the people in their prophane mixtures to be no better then a mockshew of Christianity that all their pretences of Christianity was but formal their learning in the Scriptures was but natural Sermons rather rethorical flourishes then Soul-saving doctrine and indeed the lives of these professors were worse generally then heathens the influence of the Popish apostacy having so corrupted all the parts and Members of this body that no sound part remained neither Prince Magistrate Minister or people or the Laws themselves holding forth ought of the government of Christians or whereby they professing Christianity ought to govern themselves and the Magistrates neglecting their office sin nourished and vertue disdained nought 〈◊〉 but pride and vanity luxuriousness and villany the seats of Law being become the places of oppression and the Schools of learning the shops of wickednes hereupon they were cried out upon as Enemies to Government and haters of all learning yea despisers of God and all goodness for they were sacrilegious robbers of Churches and this because they not only held unlawful the honors of Bishops and all that temporal greatness which attended now the so called clergy but also all set stipends and parish maintenance whether by way of tythes or otherwise many other things concerning politike and ecclesiastick government they held forth which the world could not recieve at least did not no not their brethren in enmity to the Pope and Church of Rome and it is truth that though the Queen had separated from Rome as her predecessors had done and that not for the respects they did which nevertheless were political enough for that hereby all the Subjects both of the Clergy and Laiety held none paramount the King which before they did in the Pope as before said and thereupon had arisen many rebellions but for conscience as taking him to be an Enemy instead of the Vicar of Christ Jesus yet she left all Ecclesiastick honors and promotions Courts Jurisdictions and Dependances in the same condition as before yea took the first fruites of Bishopricks and dues to Rome as due to her successors by a supposed right of the Crown together with the right of investitures and many absolute Popish superstitions were admitted still as Churching of women Mattens and Evensong all continued in the so called Cathedrals or Churches that were Bishops seats Vigils of Saints and many holydaies rhe solemnity of Christtyde after the Popish accompt from the First of November to the Second of February Times for prohibition of Marriage without a license or Popish dispensation and in the politique Law the wicked prophane Jeroboam like so called justitution of saving Thieves and Manslayers from the Gallows to serve at Gods Altar so called with many other things which we shall have occasion to remember after So prone and ready are even the zealous of men and women to be content to set down quiet and the dilatoriness and chargeableness thereof was not at all eased and though many good Laws were yet all the edge was taken off except against Papists and the now so called Puritans sectaries or factionists for the good old Laws against excess were much laxed and what was never known before two whole subsidies were in one Parliament granted to the Queen God blessed her infinitely and her people riches with trading increased greatly and the hate of Spaine had made her potent at Sea she was great relief to the distressed Hollander and a sanctuary of safety to the Poor Protestant through Popish cruelty no longer able to live in France and truly if reports be true her Court was that of the best nurture among all the Princes so called Christian and though her successor James were a wise Prince and well seen in all the controversies of religion for a King yet he made little alteration he loved not Puritans but he durst not hate them he would not promote them nor exasperate them and in his latter daies he grew too flexible towards Papists and offered indulgent Articles upon the treaty of a marriage with Spain which he much hoped and labored for as was thought being tired with their continual practises against him others believed thereby to strengthen himself against the Puritan party which notwithstanding all Court policies and Law devices did increase in all Counties and some did dare from forraign parts to tell their mindes to him plainly while others at home did in Parliament with a little boldness stand upon the priviledges of their house So that King James thought it not safe to call them too often But under pretence of remedying what was amiss or defective in the Law he lifted high the Courts of Star-Chamber Wards and Requests but especially the Councel Table And that he might not stand in need of money if possible aliened many of the Crown lands and loosing the good Laws concerning apparel altogether opened the door to excessive vanity in apparel which yet inhansed customes so that I have heard what was thirty thousand pounds at highest in the daies of Elizabeth was at the lowest two hundred thousand pounds in the daies of James He was a wise Prince and of great learning but as unhappy in the improvement of it to the end he aimed at as Hannibal was said to be of his victory at Canna But his procedures were with great judgement for he exalted those called common Lawyers the then supposed keepers of the English liberties to an imminent height but those
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
forty shillings to the Judge otherwise to the Gaole without mercy of which Gaoles a word after Next this is an ordinary course at least so reported in petty trespasses they declare of course meerly to get Fees upon agreement though they assign no place others having liberty to proceed as they see good and make an end or do any thing which is generally the course of quiet poor people there is favor promised to either party he draws a judgement from his adversary the defendant yet sues on still and brings it down to Trial Per Nisi prius then stops proceedings with saying he will confess a Judgement and enters it the Term after others enter up Judgement without Warrant I have known worse abuses yet but no punishments oft for want of entring a Rule they suffer Judgement Per nihil dicit whereby great and extraordinary Charge accrues to the Client and but small gain to themselves but hereby they pleasure the Officers oft times they plead or confess a Non sum informatus and this without Warrant and then comes out a Judgement unexpected and this dealing is justly suspected of false dealing It was ordinary to enter false Orders false Affidavits imbezle depositions pack Juries draw Witnesses if not make them I know the labour and pains of a faithful and honest Attorney is great and very painful and laborious in running from Office to Office from Clerk to Clerk Officer to Officer Councel to Councel Judge to Judge Court to Court neither do I here question their proceedings who make either Law or constant practice their rule But these rude ignorant young heads who think and make it their way to gain practice to over-reach c. though I in my opinion am as Mountague said of learned Selden an Heretique in the faculty as to the whole managery of the Law who although the Law doth sufficiently provide against which were by the carelesness or faithlesness of the Judges in their trusts through dependance as aforesaid grown to an infinite number beyond what they were I beleeve in the time when by Statute of 33. Hen. the 6. they were limited in Suffolk Norfolk and Norwich where they abounded but they are now bound apprentice to the Trade as well as to tapping whether of wine or beer why not as well to Brothelling and it is thought unjust to put any by his practice though they ruine the Nation by it at least bring a deluge of poverty upon the people Yet these put the Lawyers also upon hard shifts for now the Office of an Attorney is to practice all the parts of a Lawyer he drawes all pleas or generally all but some speciall ones upon some difficult point and in that some one old beaten book-man in a County is famous but for making of Wills and drawing all sorts of conveyances or Covenants with strange niceties of form and cautelous qualifications limitations provisoes and such like none like them they not so much looking at their first trading into reason and solid causes or grounds of things as into the superficial niceties as the readiest way to purchase practice with cunning knaves and most affecting wit and youth and so are drawn into a way of evill before they be aware and after it is hard to reclaim them and for keeping of those pestilences off of England Lords Courts they take all the work which was heretofore the way of educating and bringing into practice the young Lawyer And in these last times there sprung up first under the wings of Noblemen and men of great estate for the help of the Attorney in Judicial Courts but as Attorney in the Prerogative ones a creature called a Sollicitor these men rob both Lawyer and Attorney and all the Subjects They are oft declamed against by the Lawyers but no course taken to restrain them many of them practizing as Attornies under the wing or name of an Attorney what fee he hath thus to abuse the Laws and his own fellow practitioners I know not but many faults and errours are hereby committed and where to fix it is not easily discerned and great men love not to take great pains in such discoveries without exceeding great profit few I fear do justice for the love of justice so that having shifted from Sollicitor present to Attorney absent 't is forgotten if remembred the fault is laid upon the Clerk the Clerk he turns you back again to them instructed him which happily is neither Sollicitor nor Attorney but a stranger unknown or a servant gone But it is objected you have your remedy at Law against an Attorney in any cause against Law So say I but he hath his priviledge that spares charges he hath councel for nothing and cunning so called knavery to boot And lastly the Judge must as much as may be favour a servant of the Court that is he shall have all lawful favour and the other all lawful disfavour and put any Lawyer to sue an Attorney upon these terms and the Attorney will undoe him To pass over the nicety of going to issue pleading specially when the generall issue would serve the turn or such like nor to shew how many several sorts of delayes the several Courts admit I shall shortly come to the tryal which is either in the ordinary set places as the Courts at Westminster or per nisi prius where there is such hudling shuffling quircks of law unequal hearing and both for honour as the Kings or Queens Councel order as Benchers c. except favour step in and then the son of a Iudge or Kinsman c. must make all the Councel attend till he speaks nothing to the purpose too too often so that I have heard wise and learned men profess they were ashamed to see great men and Favourites manage the business out of all order and rule of law while they knowing in practice as they term it that is versed in the Ministery of the cause could not be heard a word as if they were retained only to hold the paper and cry My Lord 't is truth there is another reason in it which is they have such multitude of Councel that all cannot speak and the great men must speak best reason for have not the Prince the choyce Some indeed either would be heard through boldness or must be heard through necessity as undertaking Cases which others either durst not or could not as Holborn with that noble Judge the Lord Chief Iustice St. John in the Case of Ship Mony and this was a step to advancement if they shewed ability and could turn with the tide or were thought fit of for some other by-respect as to have their mouthes stopped against Prerogative and opened as far as the Law would admit for the Kings advantage Thus were learned Calthorp engaged and the foresaid now Lord St. John though as I have to his honour be it spoken heard it credibly affirmed he denyed to be the Kings Servant upon the Lords day at
the King must have their priviledge and as the King must not be sued but by Petition a Royal cheat so the Lords must not be arrested but by prayer a Noble flattery but a most grand abuse arose from this for much cost did many bestow to get the King Queen and Lords into their debt who never gained more then undoing the recompence of foolery by their knaveries and multitudes of debtors and trespassors bearded Law and Justice both Now for Judges Counsellors Attorneys Lawyers of all sorts or pretenders thereto the other persons priviledged they stuck together like brethren so that hard it was to pinch them especially two the Judge for his power and the Attorney for his priviledges but of this before sufficient for the present intention Thus were all matters in distast as to the great and principal ruling part of the Commonwealth and head and heart thus sick the body sure was in a distemper for all the Courts indeed from the County Court to the Court of Pypowder which I think is one at least of the lowest followed the track in proportion of all the tricks quiddities niceties of unjust dilatory and expensive lawing used in the high so called and supream Courts of judicature I shall but hint the abuse in Witnesses there being now grown visibly many more just exceptions against men then the old Laws allowed But the great evil in all Courts was and is that the indeed common and most ordinary questions were not determined and setled Matters of Accompt matters of Covenant which hold partly an equitable partly a legal right determinations of litigious questions in Wills as in case of a name mistaken in case of a gift given to a child payable under age who shall acquit the party that payes it nay indeed the ancient law concerning acquittances real and personal to me seems lost To ravel all and shew the utmost of absurdity error and perversness grown upon our Courts Lawes and Lawyers is not by one pen to be declared all is out of order I will cease to tell what all know and complain of there is nothing sought but riches and honour by what means soever I wish the Seats of Judgement had been clear of receiving moneys so called Dammage clear which shortly is thus A man sues and recovers now by the Law there is a supposall and but a supposall if that be to be supposed which is well known to the contrary that the Recoverer hath his debt or his damage and costs of suit now the first Law holding forth and looking at a kind of equity if the suit were for so small a matter that it exceed not 3. li. 6. s. 8. d. recovered then it took nothing but if it were more then it took two shillings upon every pound Now although I suppose at the original this was or ought to have been a sufficiency to have tryed the Cause and to be added to the Judgement and paid by the Defendant yet now it comes only to the Master of the Office who assigns Costs upon the Judgement and this is paid before Execution which the party happily never lives to see performed this was as to a moity allowed in the Upper Bench. But in the Term called Easter Term 1649. it was as an oppression taken off by the Judges a small beginning to a great work but fit to operate the clean contrary way but is still continued in the so called Common Pleas. In probate of Wills and suing out Administrations to whom it belongs whether accomptable if divers children or the wife to have all or the eldest child all and the rest nothing with a thousand other things are so difficult in Law though easie in Reason as cannot but be the wonder of any one that sets himselfe to consider it Now to speak a little of the Titles by way of Feofment or bargain and sale what a world of difficulty in them I dare say never a Lawyer in England can especially in the most excellent tenure of the land assure to any man a good Title neither Knight nor Lord and all arose First from the want of care in Judges authorized to enact Laws who heard of cheatings and yet gave no stop for this is sure he that is able and sells not for need but for conveniency to better himself otherwhere will not deceive grosly because he knows it brings scandal as much as charge and trouble though his conscience be but loose but the poor needy Prodigal that drinks away thrift and hardly knows and little cares what he does he it is that falls upon this trick and he first entayles then mortgages then sells The entayle is setled by the wives friends to secure the estate to her and her children they keep this secret but to keep their credit they will not borrow the money nor commonly witness the Mortgage Thus hath he all his deeds and the discent appears fair or the bequest 't is sold to redeem the Mortgage the deeds and state all parts from the Mortgage and the buyer thinks himself secure but is cheated and the Statute of fraudulent conveyances shall not help c. and all the recompence he hath is the Creditors body if he can catch it Lands so setled pay no debts Another way of cheat is the Statute of Uses setling of estates in trust to deceive making long Leases and such like This filled the world with infinite jangles and although an easie and speedy remedy were proposed both to King James and the late King yet the interest of the Lawyers being now made subservient to Prerogative all was quashed so that the Land was filled with multitudes of oppressions cruelties cheatings and extortions and no remedy and the Lawyers only enriched thereby with the Officers of Courts upon long tedious and intricated controversies they were also vexed with old sleeping judgements which no time being set unto it was the fashion to keep money in hand upon a purchase to clear incumbrances and that kept was seldome paid for to say there was no encomber amid so many wayes was difficult to swear it to no end but to prove it impossible thus if an honest seller met with a knave a rich and contentious or contentious buyer only he gat it not or so that he had as good have lost it So for Annuities Rents c. Again for conveying there was livery and seisin the supposed absolute strength a fine and the late passage by enrolment yet none of these absolutely certain for the fine though strongest and the five years limited passed yet if the seller had no right at the time as many had not being neither heir purchaser nor possessor the fine wrought not yet this not to be discovered by all the writings produced which shewed good title the livery voided per some prior lease and the enrolment not done in due time Indeed almost all good Statutes are by the loosness of Judges invalidated for so soon as honest men provide
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
that it grow not from an Oligarchy into a Tyranny which gives just cause of fear while of Parliament men and those perpetual and no power visible to question them they are not responsal for any wrong and to put any into office with them not Parliament men and so responsal except their brethren in power beat them out there is injustice that one should answer another not for the same fault They rather desire some fit way of choise of one man out of every County in the Nation from them come to Committees delays the complaint now foreruns the new instituted Committee of Accompts all Receivers Treasurers Collectors c. will have fine work no Rule Order c. but bare placet of c. But the Officers of Sequestrations will have the best share of trouble who have accounted in the County to the Sub-Committee of Sequestrations among themselves to the Sub-committee of Accounts there Now all must account at Goldsmiths Hall and then to the new Catholike Committee of Accounts as if Officers were but to drive a Trade of maintenance by whole sale and retaile from one shilling per pound to nine pence then to six pence then to four pence three pence two pence one penny per pound and that drawn out again in two three four five six seven eight nine pence c. per sheet to Writers Clerks Accountants all after the form of the corrupt Commonwealth past There are honest men of all sides say That they fear no policy will prevail against truth that is they hope though it be so feared upon which they offer to confideration whether it were ought but corrupt interest that made good men bad Bishops And whether it will not upon the same Rule make good men corrupt Officers of all sorts therefore they hate as much to hear of one shilling per pound as of Patents during pleasure or to some for three years while all are not so and then not capable of so many years more for the remote contingent dependance is evil though not so evil as the more immediate and absolute Indeed there is a great complaint that not onely things complained of c. remain still the same but grow worse Inns Taverns and Alehouses multiply to the out daring Justice irregularity in all Trades c. Neglect of all inferior Powers in ordinary Jurisdiction The orders issue That all is left to be done according to Law but that so dilatory and difficult that no wise and honest man dare meddle with it so that many faint and say what they expected to be be the Lords deliverance is his Bondage many while in the Wilderness wish they were in Egypt again there are that call for Kingly Government as you well perceive Yet were they the instruments to his overthrow vain and impatient spirits some rebell against you to make themselves high indeed like Corah and his company for they say What are you that you shall raign over us Therefore they say Let the old Race come in again let not upstarts c. now these are the Lords Remembrancers to you you are of the same frame and temper with other men And you know mans condition since his fall he hath shaken off the pure Law of Righteousness as an insupportable Tyranny and we are wholly led away of our own lusts and Satan snares us under the notion of Liberty Thus are we become mighty in mischief the devils policies are easily learned but his stratagems difficulty if at all but by grace discovered this makes us more subtile to deceive our selves then others but God assuredly will not cannot be mocked this makes many fear mercies are given for a snare that is for future and greater Judgements which the Lord prepare us for if so determined but if it be his gratious Will prevent by our returnings By all which now it is evident that the Apostacy and defection hath over spread both Churches and Nations the people of God as well as the men of the world that this Apostacy hath been yea is in England c still working as vigorously if not more then ever Satan now rages and the chaffer of the Whore is not yet expulsed the Camp of the Saints The stone hewn out of the Mountain without hands in the Regiment of the Lord Jesus hath been rejected as Chyliastical a notion too obstruse in learned Scripture sense how plain so ever in the vulgar letter All that I say to them so reject it yet look for Christs coming is let them take heed that as the Jews eyes were blinded in looking for a Prince and lo a Servant That we be not blinded in still looking at a Servant Christ when he will be exalted lest in stead of one we raise up many Antichrists and set them in the Seat of God I would not be mistaken I plainly mean with what limitations we intend the Magistrate to be the keeper of the Keys which I fear can rest in no mans hand but the Lord Christ's let him have all the power the Pope or Bishop or Clergy could claim But I say the fellowships of Saints are freed from the enforcing power over conscience de Jure though all evils as well as sins may befall them with others for disobedience to unjust Laws de facto You whom God hath called out to the work have a great task be not found idling or about other business that you are securing your great estates or laying out your hundred thousand pound in a setled way of lands c. will be a weak answer at the great day of account Give not occasion to evil men to speak evil of the Lords people and of his wayes for lucre sake England offers it self as a white Paper to receive any Print you need not at present out of fears of a change pretend a new Representative to quiet spirits No the people are as the Israelites at Mount Sinai feared enough with the thundrings lightnings and Trumpet of quarterings Sequestrations and dilatory attendances that they are resolved speak you like Moses to God for them and what he saith they will hear there are some or other particulars ready to fly out and say as Corah Am not I as good as you as wise learned vertuous godly c. in impatience of spirit But blessed be God all the Congregation have not yet said as they You have slain the people of the Lord We know say some the difficulty of the Work if there were no opposition how much must there then be where there is so much sit not still find time to settle least God take you away let 's at least see the fruits of your labours and if you think it not yet the time of Christs personal yet it be of his vertual Raign here let there be a plain sure certain easie settlement of affairs with that charitable affection that sociable suitable behaviour that clearness and that in simplicity which by the Laws of Nature is due to our
and through the might of the Lord Jesus may so live here that we may raign with him in Glory for evermore Amen Amen AN ESSAY OF Christian Government Vnder the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace EMMANVEL Presented to all them that bear Office and are impowred by God in the Government of Nations but especially to the Commonwealth of England and to all the Magistrates and People therein expecting and hoping for the Glorious Appearing of our Lord Christ Jesus Ezech. 33. 7. 6. 4. 7. O Son of man I have made thee a Watchman to the house of Israel therefore thou shalt hear the Word at my mouth and admonish them thereof 6. If the Watchman see the Sword come and blow not the Trumpet and the people be not warned if the Sword come and take any person from among them he is taken away for his iniquity but his bloud will I require at the Watchmans hand 4. He that heareth the sound of the Trumpet and will not be warned if the Sword come and take him away his bloud is upon his own head LONDON Printed by Robert White for T. G. and Francis Tyton and are to be sold at the three Daggers neer the Inner-Temple-Gate 1651. To the English Reader READER WHoever thou art of what ever Calling or condition know God calls thee by his Judgements to a serious consideration of thy duty thy duty is towards him and those to whom he hath given power over thee They hold forth desires of setling the State and that both in Religious and Civil respects sincerely We all agree all out of order that which naturally draws most men is present benefit this makes some crie out for the old Government others one wholly new others to settle their Condition would patch and dawb and joyn iron and clay together I ask thus Is the priviledge of an Englishman and old Laws and carnal Interests above that of Christian Christs or Gods Laws and the inheritance of Eternity If so to them say so I am silent To the Christian Englishman I say I have propounded a Model of Christian Government I say not perfect nor according to that perfection which I do as I conceive comprehend but such as may be constituted to fit by degrees to a more pure settlement I intend not all should be as here set down it s but an Essay I have gone as neer the Original Law of England after the Nation received Christ as I could This if accepted must as in all alterations destroy many interests and advantage others All that submit in all things to the will of God will not kick against him in his dealings they will say it s the will of God I submit How it shall be done I leave to the great Councel of Parliament beseeching the Almighty to give them wisdom to govern the people rightly we are a stubborn Nation naturally where grace polishes look for assured help where wisdom settles you will finde no resistance Go on Worthies God is with you and good men are not against you chear their hearts go on to settle be not alwaies pulling down it s harder to build then destroy I know many of you then much more the people will think some of these Tenets against priviledge what the Magistrate to superadvise private actions be not disquieted either to think your care will be too great or the Subjects Liberty streightned The opposition is only to evil men in evil things and that when notorious the onely thing you all fear is Magistrates may abuse their Trusts To all such I say the Law is just still for the man punish him I shall not enlarge but in one word to the Politick man Sir I have I confess not stuck so close to the rules as many do at least of late but you may see I offer things as I think they may be now received to fit for better by degrees To all I say the intention of my undertaking was onely the peoples good but especially Gods glory who knows all our hearts and knows that I speak truth to whose guidance I commend your Spirits The Table to the Second Part. Chapter 1. Page 101. and 102. shewing 1 WHat is Monarchy 2 Its divisions 3 Whether Obedience be due in things unlawful and how 4 What if bound by Oath and that both voluntary and inforced 5 Limited Monarchy lawful and cautioned freedom or freedom contracted for due 6 The best way of gaining it by a Representative 7 Who and how to judge of the clashings or differences of the Representatives 8 The duty publike and private of Representatives as such viz. in their Trusts 9 The necessary issue of a Monarchy devolved into Tyranny Chap. 2. pag. 102. shewing What is Aristocracie Chap. 3. pag. 102. shewing What is Olicharchy Chap. 4. pag. 102. shewing 1 What is Democracie simply so called 2 Democracie setled in promiscuous choice 3 Democracie refined and that both in Electors and Elected 4 The end of Government Chap. 5. 102. 103. shewing 1. Wherein a Kingdom or Commonwealth precede each other negatively and affirmatively 2 Kings no weasiest to be corrupted and hardlyest reclaimed 3 Where a Kingdom hereditary is best 4 The evil of that in the issue 5 The evil of the three other sorts of Government 6. That evil and good is not properly in the nature of the Government but in the good or evil of Governors Chap. 6. pag. 103. Wherein is shewed 1 That States are subject to alteration agreed if so 2 That what was in the Supream Power as such goes along with it 3 That England hath right to Estates the late King had as King 4 The reason of all Chap. 7. Wherein is treated pag. 103. 1 That whatever the nature of the Government be viz. whether of one or more in chief Laws ought to be set 2 The reason of it Chap. 8. pag. 104. and 105. Wherein is handled 1 The evil of tying Magistrates to the strict letter of the Law 2 The evil of too loose a Rule 3 Magistrates in Supremacy their duty in this case 4. The supposed excellency of Englands last settlement and wherein 5 The reasons why Magistrates inferior must not be tyed too strict 6. A caution for them in Supremacy of power in unsetled times 7 Rules of bounding inferior Magistrates tendered 8 No Officer to be punished for executing the command of his Superior 9 Judges offences to be speedily determined and if he acts but for just things by these Officers not to be punished 10 Generally they that act legislatively not be permitted Judicial places Chap. 9. pag. 105 106 107 108 109. 110 111. Wherein is handled 1 What is Dominion Power or Authority in it self p. 105 2 What is the end as to others 3 The reason of mens subjecting to Powers c. particular good in universal 4 The various wayes of seeking it 5 The high respect given by Heathens to just
put to sell his Freehold all which are argued for with much nicety little Christianity Now as for the benefit of the Commonwealth the Law put the King into possession of others though by matter of Record so it kept him in the State of the Commonwealth for for Lands Jure personae or hereditary at Common Law the rule of Law extends not to it as I conceive therefore the King cannot be disseised and many other such things as the goods of Felons murderers c. which is or may be just in murder in some sort but in no case in Felony but they ought to go to the person wronged and in manslaughter and defence of a mans own person there ought to be no right to the Checkquer not in the Self-defence at all and in the others it ought to go to the party for if the Law in forceable strikeing give dammage and more in wounding and more in Maihem then most in killing where the life of the criminal is saved That of Deodands is in the Law and I see no warrant for it but the meer allusive equity of the Judicial It is also said to be a part of the Kings Prerogative to have special Iudges to try the right of his revenues as is the Checkquer and the differences of his immediate Officers and servants as the Steward and Marshal of his house and instead of Action against his person The Law by the Ordinance of Edward the third for honor sake framed it in nature of a Petition but the Process was as against an other person and so if Iustice be upon that it is just otherwise not it will also admit no wager of Law against him and which proved a great abuse and was unjust and is no way either honorary or necessary he did take men under pretence of being his debitors into his protection to the overthrow of many particular persons and universal detriment thus was Derogative Again Judgment was never final against him but with a figmentitious advantagious evasion of a saving his right and this was also new and not necessary I come to two main and principal steps to the eminency of Prerogative alwayes afforded the Supream power which are first That the King hath by his publike trust power to do whatsoever there is no Law against So that from hence hath arisen the obstructions to Laws upon new Causes namely setling that in the Law which was before in the King and so abridging the Royal Tenure By vertue of this he created Corporations and made Denizens The other was from Gods appointment to Moses surely to appoint places so called of Priviledge like Cities of Refuge but undoubtedly this was a civility betwixt the Kings and Popes to raise a benefit to the King by priviledging That Charter had many Fees and then the Pope made it by allowance a Sanctuary and so secured by both powers what can be doubted that must be just where Moses and Aaron joyn and these men both Pope and Prince did well they saved the life but squeised the purse and none affoord such milke more freely then Rogues and Whores as all Histories evidence This is the summ of all the Prerogative so called that I in this haste remember just or unjust that the Laws of England hold forth The three main pillars upon which the Edifice of Prerogative stands all these being but the Ornaments thereto are the absolute power to make Laws War and Peace and raise moneys Except in some few scattered judgements arising upon Emergencies and are not indeed worthy the name of Prerogative though in our Topical heads of Laws they be so ranked but rather priviledges or Royalties many of which were obtained by Subjects for what a Subject may enjoy I count not Prerogative therefore not Copning of money c. nor Royal fishes nor a hundred matters of the like nature and wreck is generally detestable and the Royalty of grandage abominable but the generalty of them are justly belonging to all men with the Supream Majesty especially those favors of errors in pleadings c. Now this Legislative power was never in the King nor no reason it should which alone shews the Kings in England never was since the establishment of the three estates the Supream power for the makeing of Laws was alwayes since in them as the body Representative of the Nation and so the Lords and Commons were put as a Bar to invading Prerogative Next for war or peace it was not in the Kings power his Knights were bound according to their Tenures but not otherwayes and the special of them not performing their service were to be fined nowhere but in Parliament The last of them which are the sinews of the war were always in the peoples hands never denyed by any King however subtilly obtruded upon as by loans privy Seals c. which were always declaimed against and damned by Parliaments These were and are necessary to the Supream Power but never trusted to Englands Kings a sure sign the Supremacy was not in the King he knew it necessary to aggrandize his power and for an absolute subjection of all interests to his to claim that these were incident and appendixes to the Supremacy absolute which he aspired unto And though the Forts Ships Magazines and appointing Judges Governors Captains c. were actually in his power yet hereby it is plainly seen to what end and how trayterous they were to the then true English Interests who stuck to the King against the Parliament in this war but that controversie is besides my task here Therefore I proceed and say that it is necessary still that the total and absolute Supremacy hath these powers viz. of making or giving forth Laws making Leagues offensive and defensive denouncing Wars and establishing Peace and also to raise moneys Now this I know not denied by any publike and approved Judgement but these men have their bounds their limits also for general common and publike good is their limit their chain and to see the end of this it is fit next to see 12. Who is Judge of publike good and his Rule of Restraint and whether it be fit to admit this absolutely in the Supream Power THe Kings formerly were not unskilled in the issue of this mystery they boulted out what others will bake who ever eats it Now it is plain this also is required in the Supream Power for it is impossible to settle particular Laws sutable to each particular occasion for in the corrupt state of man as the Law is profitable or disprofitable so it is rellished as for example in an equal rate the just man likes the equality and so doth the covetous but he saith no rate at all and if an honest Miser can be he approves equality but he repines at the payment Now the boundary is evident publike good and of this in the manifest parts of it are all men Iudges for though in transactions of the high affairs of State the progression
Transubstantiation not Consubstantiation for they agreed the whole Law was as it is devolved into Form and Practise the pure streams of Justice were as they fell from the fountain of Divine and Moral Reason drawn by Art into private Cisterns of Profit and Honour But they durst not undertake the VVork I desired then considering my many occasions That they would but impart something to me to help me in my so great attempt I talked with some Attorneys to the same purpose and from two men I received two Papers shewing the abuse of dammage clear and suing out the Cap. utlagats the most ordinary matters I then addressed my self to some men eminent in Honor and places of Trust discovered my minde we argued I saw they were convinced of the truth of the thing and were resolved were the Law altered they should submit yea even to what I then and here propounded But they would have no hand in it they had no time they had spent their Studies in the present Law and to change was a new work Some advised me to leave off these thoughts and fall to Practise they would warrant me I should get as much as any of them After long delayes consulting my own strength and seeing Judges Serjeants Councellors Attorneys Solicitors and All confessed Alteration necessary delayes evident Justice incertain Equity more ruining then undoing Common Law I did partly out of the sence of the unjustness and wickedness of the Law but principally that I might be out of the lash of a credit Ruining frown leave all Practise whatsoever as I had formerly left the most and did consult which way to take to open in the most Christian way the Evils of the Apostate State and Commonwealth and how to offer an expedient sutable to the condition of the people wedded to Laws and Customs called their own This is that which the Lord put me upon I have avoided to my utmost all bitterness and just occasion of offence to any either Powers or persons And to any man shall require a further account of the hope that is in me concerning matter of Conscience or of the matter of Law and the Reasons herein offered so it be with Christian meekness and zeal for the Truth according to my knowledge I shall freely discover my self and yield I hope a satisfactory answer For I assert there is nothing here laid down in any kind as to the civil Regiment not warranted by the present so called Law-books of England I restrain not my self to the so called Year-Books For the scantness of my time I could have wished more and more abilities and that both natural and experimental but you must take it as it is onely an Essay for a Settlement of a Christian Commonwealth I leave the Work to such as Providence shall cull out of the many present Worthies of Englands Labourers Me thinks England labours like a woman in sore pangs of Travel crying out to be delivered I pray God none of the Midwives Juno like set cross-legg'd in the Temple of honor profit power or the like O that every one could banish all interests and all Relatious for Christs sake I know abundance that will allow this project of Resolving this Nation into County Jurisdictions their spirits will be immediatly fancying places to themselves friends kindred c. for the moddle holds forth a due satisfaction even to carnal Interests The opposition will arise from the great interest of the City of London and the Supream Judicatures but it is clear their interest may thus be continued to a just proportion Now they ruine Government within themselves and destroy the whole Nation besides let them live but let not England perish for the Lords sake you that are our Physitians remember your promises when you undertook the Cure Then you stroaked the wound gently you asked nothing till the cure were perfected but our wound is open still more wayes to discourage the poor impoverished subject then ever Take but the many fruitless Acts for poor prisoners into consideration and the forceing an Affidavit of the Engagement notwithstanding a Certificate of the Commissioners can we not easily determine the Reason it cannot be zeal for Justice but the Clerks Fee upon the Oath our hearts are hot in pursuit after the world while our lips breath forth expressions of the new birth Assuredly Englands Allarms to War will not cease till the sins cease You that are in Authority like valiant Chieftains must not onely speak couragiously but Act rigorously you and your just Acts and Ordinances are slighted and contemned First by your selves our Trustees they are not duly transmitted to the Counties then by our selves your Trustees they or some of them deal with them as they list each one interprets as his interest leads Let these things be represented to you and what is done nothing Nay come up to London waite and attend till you be weary the justness of your Cause gives not the quicker dispatch yea I have heard that some spoken to to hasten matters agreed on have been told their haste should cause their tarriance or words to that effect These are sad Symptoms to such Melancholy spirits as mine of renewed Judgements I shall say no more But leaving the whole Work to the Lord address my self to seek his face and pray unto THe Lord our God the God of Abraham Isaac and Jacob and of all the faithful the Almighty Jehovah the Father of our Lord Iesus and in him both of Jew and Gentile That he will please to open the eyes of all called Christians and give them hearts to understand his wayes that they may see and perceive the evil of their doings that the precisest professors may see that from their evil walkings the Enemy takes advantage and causes many Professors to fall off vainely thinking all are wholly hypocritical because of some mens failings Let those O Lord who have some beginnings of resenting their duty to seek thy face not give any occasion to thy Enemies the profane-hearted yet among thy people to transgress with more boldness because of their Liberties Yea give the loose Professors to consider that their evident unchristian walkings cause the open Enemies of our blessed Saviour to blaspheme even Jew and Gentile for what people walk so contrary to their profession as the so called Christian Father I pray discover to them that claim to be called thy Clergy as at least indeed set apart for more excellent and eminent services in Word and Doctrine that their lives must be the best Interpreter of their words their conversations of their Exhortations and Perswasions To Preach Love and live in Enmity to Preach Obedience and be Refractory if not Rebellious is not Christs way O let them all see even from the highest to the lowest that its Error evident hath caused Truth to be distrusted and their words contemned Righteousness and Truth carry a Majesty which Satan fears Convince them therefore that as they have