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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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that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
in Germany and England ibid. William so called the Bastard or the Conqueror admitted King of England his claim his reign ibid. His politique settlement p. 24 His successors tyranny p. 25 The opposers and how quelled ibid. The gate God opened for freedom p 26 Magna Charta and Charta De foresta granted ibid. The Pleas of Kings against them ibid. The Judges and Lawyers absolute interest serving Kings tending to enslave the people ibid. Some Judges hanged for it ibid. The contest briefly examined pag. 27. Why the Pope suffered these contests ibid. The Popes policy to avoid Reformation from Princes ibid. Gods witnesses against Romes signs and her dealing with them ibid. The Pope and Princes strengthen each other pag. 28. The Kings of Englands best title is from Parliamentary elections and the reason ibid. Princes liberality to the Churches ibid. Parishes erected ibid. God still raises up witnesses against Rome ibid. Incestuous Marriages from the Popes dispensations in most of the chief Families in Europe pag. 29 The Kings labour to exalt Prerogative ib. The settlement of the Court of Kings Bench Common-Pleas Chequer c. ibid. In whom the choice of Judges and how ibid. Court of Wards erected c. ibid. Court of Star-chamber erected ibid. Admiralty and others Courts c. ibid. Luther and his Quarrel with the Pope pag. 30 His Doctrine ibid. His Abettors few if any ibid. His opposers all Christian Princes ibid. Hen. the 8 th of England writes against him ibid. The reason of the Princes siding against Luther ibid. Henry after quarrels the Pope The Reason ibid. His halting twixt Popery and Protestancie He seizeth the Monasteries c and the reasons pag. 31. How he rewarded his instruments ibid. Edward the sons zealous Reformation ib. Maries cruelty pag 32. Elizabeths deliverances and succession ib. Popish plots against her upon Reformation ibid. Englands laws distinguish twixt a Papist in Opinion and in Faction ibid. Englands Law at Elizabeths coming to the Crown ibid. Recusants why so called ibid. All Protestants agree not to Elizabeths Reformation ibid. Their Reasons and uninterestedness p. 33 Some of the Parliament men questioned by the Queen ibid. How she misliked the so called zealots ibid. They flie into Holland and they print freely ibid. Against both Magistracy and Ministery pag 34 Yea against the Queen in regard of manifest error continued both in Church and State ibid. Her Potency and relief to her Neighbours ibid. James succeeds Loves not Puritans ibid. Yet distasts them not ibid. Advances the Interest of Prerogat Courts ibid. Takes away the good old lawes to increase revenew ibid. The succeslesness of His wise Councels p. 35 His policy to subvert the freedom of Parliaments ibid. His way discovered ibid. The end then aimed at the subduing Scotland absolutely ibid. The Court party ibid. The King would not agree to Arms. pa. 36 The cross dealing of the Scotch Presbytery with King James ibid. Some lawes made in King James time how diversly executed ibid. Charles Crowned with great joy ibid. Disgusts against him in his first Parliament ibid. He gets mony and dissolves it ibid. Breakes his Royall word so called in his grant to the Petition of right pag. 37 The State of the Church here at the beginning of and during his reign pag. 37. 38. and 39. in the pride and dependance of the Hierarchie seeking by unjust wayes to raise private estates out of the Church revenues ibid. Their little regard of Blasphemy drunkenness c. ibid. All they sought was unity and by uniformitie ibid. Hate against good men ibid. Their policies to bring in Popery ibid. Some of their errors repeated ibid. The civil state considered pag. 39. 40 The King lost his Militia in all kinds ibid. His Lords given altogether to vain sports c. ibid. The Gentry follow them and the Yeoman them and so all order is broken ibid. Justice wholly turned into form and practice and destructive in all the pooceedings of Law pag. 40. 41. 42. 43. 44. So the first step to introduce generall poverty pag. 45. 46. And that demonstrated by consideration of the parties suing ibid. The process what whence and by whom ib. The Courts of Tryall above and below ib. The Attorny and their practice p. 43. 44. Declaration and Plea ibid. Issue single and double ibid. Jury ibid. Verdict ibid. Stay of Judgement ibid. Judgement ibid. Stay of Execution ibid. Remedy in Chancery the worst evil p. 45. 46 Sollicitors what c. 44. The reasons of all this Error pa. 45. 46. Priviledge of Persons and Places discussed pag. 46 Witnesses and the abuse in them ibid. Most ordinary matters in practice undetermined in Law pag. 46. and 47 Cheatings in Bargains sales and all conveiances pag. 48 Englands Law practicall only so that Government was subverted pag. 48. Coppy-hold or base or villein tenure discussed pag. 48. 49. Want of Forcing Plantations another causes of Englands povertie ibid. Inns Alehouses and Taverns another cause ibid. Marrying of the poor too young another cause and debilitates nature and makes unfit to labour ibid. Englands good lawes for maintaining honest laborious and punishing idle ones enervated and neglected pag. 50 Considerations of binding out poor children apprentices by the Justices of the peace p. 50. Difficulty and varieties of Lawes the Lawyers Gins evidenced ibid. The Criminall part of law neglected and how pag. 51 The policy in ruining the old frame of Englands Government ibid. The policy to evade the discovery of this ibid. London the great Monopol of Trading pag. 52 Monopolies one of the Royall trades ibid. The Kings policy in ship-mony and the end ibid. Kings Charles intends War pag. 53 Intends an alteration of Government ibid. That the alteration was made of necessitie ibid. For a ground he imposes the Eng. Liturgie upon the Scots ibid. His carriage to engage a deeper War ibid. He is necessitated to call a Parliament p. 53 Breaks it and necessitated cals it again ibid. The King seekes mony pag. 54 The King disables himself to dissolve the Parliament ibid. The Parliament questions Strafford ibid. His pleas the Parliaments answers ibid. The King attempts upon some Members ibid. The Parliament sets a guard ibid. The King practizes the Army ibid. 400000. l. Raised and the Army disbanded ibid. Ireland almost lost ibid. The dislike of the people to the Kings encrease ibid. The Bishops questioned and discarded ibid. The King flies pag. 55 The Parliament arm ibid. The King fled the Convocation follow ibid. Many Lords and Commons go also ibid. These he cals his Parliament at Oxford ibid. The Lord Keeper flies to the King ibid. The controversie twixt King and Parliament as it stood controverted between them ibid. The Nationall Covenant agreed on ibid. And the Nature of it ibid. The Kings aime in setling Government pag. 56 Exemplified in a demonstrative particular ibid. The disadvantage to the Parliament by being only defensive ibid. The divers interests that followed the divers
assuredly is lawful But as to the other suspitions there the causes of suspition are to be examined and if approved they are either evident or doubtful if evident they convict if doubtful they render suspected Now in all Cases of such Tendencies to suspition if the parties suspected walk still suspectedly they are to be punished but not to the height of punishment and punishment must increase as crime does but to entertain jealousie too far is dangerous Therefore let all Magistrates see some grounds before they admit Question more before they punish For the Ordeals were they an infallible certain Rule they might be used but for want of that they are unwarantably made Laws where ever used and therefore where used to be rejected What Religion the Magistrate is to settle or his Duty and Power therein Whether and how there be or may be two Supreams I Have Implicitly scattered some opinions tending to the resolution of a great part of this Question which I shall not again meddle with my intention here being onely admitting the Magistrate Christian to Quaere his duty in the variety of opinions and so reflect a little upon our present doubts and dicuss them so far as may tend to settle not divide for for some high opinions of the Churches Power over the Magistrate and for the esteemed obstruse and difficult opinion of the Magistrates acting as a Church Officer both intending notwithstanding their expressions a just latitude to the Supream Power but specially exalting Christ and his Kingdom above all yea though alledging the very words of the Pope That no Christian Magistrate but must be a Church-Member and so inferior to the Church it self whereof he is a member for the Officers as he is a member must give him the Rule or the Congregation yea though he were a Pastor or Elder himself I conceive this short Tract wherein so many particulars are briefly hinted onely to draw them into discussion is not fit to open that controversie which must be with much Wisdom Prudence Judgement and ability of divine Learning discussed or it will but cloud more and tend to heighten the differences of interest twixt Church and State I shall therefore for the present at least forbear to open that Controversie and look onely at the Magistrates duty generally for his power I make it the Handmaide onely to his duty Religion therefore being the proper object of the spirit of the inward man is not the proper subject for the Magistrate as a man nor of his power no not though a Christian Yet while there are Hypocrites in the world and the Notion of Religion may veil Treasons and Obliquities to the State being and well-being of the neighbour it is the Magistrates duty to see to these as before but as to the particular contentions of Christians in and concerning or Doctrine or Discipline it is not clear that the Magistrate hath ought to do in it while the outward peace be not disturbed thereby I will exemplifie generally Suppose the Doctrinal Quaere be How many Sacraments Or whether Baptism came in lieu of Circumcision or discent from the particular seventh day as a Sabbboth and the like We see plainly that while the Magistrate used his power according to his opinion as the Magistrate inclined so matters went generally and the opposites in opinion oft crucified each other seldom converted Therefore assuredly in these difficulties of Faith among Christians let the Admonitions Exhortations Perswasions Convincements of the Church be urged let not outward force be used It is well known the great cause of our Embroilments now is the difference pretended betwixt those of the Congregational way and those of the Parishional Disciplined way I have purposely omitted this matter to this conclusion of the Work to summ up all for it is plain the Controversie stands thus as is hinted in the first Part Whether the Churches are to be gathered anew Now to understand this fully it is to be noted That the Church of England is counted Schismatical by Rome renting from her as supposing she had so far parted from the Doctrine of Christ as that there was no possible just Christian Communion with her which the Puritan must still hold that is the true Presbyter They all agree a Reformation necessary But they of the Congregational way suppose it cannot be a Reformation but such as is a new Congregating that is they own indeed what the Puritan supposed That truly such was the Apostacy of Rome that there is nothing to be done with her they own her not the Spouse of Christ but a Harlot Israel and England her sister in the old way And it is most sure compare the Doctrine of Christians as to all sorts of men and women and all the actions of their lives And assuredly the beginning of Heathen Governments from the light of Nature gave forth greater and more glorious examples of Piety Justice Mercy Fortitude Truth Charity Love and that to Enemies Gratitude Obedience to their Country and to them set over them in any kind and zeal for their gods which I commend onely as far as it walked even pace with their profession then there is to be found among Christians and among Princes where they devoted themselves to their Country and people as among the both Greeks and Romans c. We have justly banished Superstition and wickedly given free scope to prophaness the lives of the best are so farsed with the rudiments of the flesh in eating drinking cloathing and exercising inordinately and in immoderate care to maintain these that the Gospel is become a scandal and a stumbling block to many that are entrred the School of Christ and have been mortified by many acerbities Yea these have I seen to give way in their old Age to the vanities of youth and that as might be feared through pride that God had given them a sight of what they perswaded themselves to be the truth But that which is the spreading incurable disease of Christendom so called is the looking to others mostly and neglecting self gadding and tatling and the like c. Now of all these assuredly there is evident power in the Magistrate to repress them whether in the excessive vanity in eating drinking cloathing or gameing but those more inward and heart vanities are to be repressed by a general prudent Government The example of those in Authority and power and their due exercise of that power where needful is the great incentive to excellent vertue Now the contest of the Presbyter for a punishing power and his loosness in admitting Members to his Church makes the Eagle sighted Magistrate jealous that what ever is acted by holy and religious men at first faithfully yet if holding forth a liberty of Contention for Supremacy some will attempt in time to claim of duty while there are Wolves which will for lucre and interest sake put themselves in Sheeps cloathing as heretofore hath been evidenced But this the Magistrate in