with Moses that is so farr as the Lord is with thee in the way of holines and righteousnes so farr we are thy subjects and no farther and whosoever rebells against thy Command so farr as it is the Commandment of the Lord shall surely dye then Iosua 3. 9. sayes to the people come hither and heare the Word of the Lord your God and 4. 14. the people feared Iosua but it was because the Lord had magnified him in the sight of all Israel the Lawes that the people were governed by were the Lawes of God which Moses had written in the presence of the people of Israel Iosua 8. from the 31. to the 35. and in all difficult causes no doubt but Iosua consulted with the Elders of Israel Iosua 10. Hee hangs up five Kings makes quicke worke with them they did not plead that their persons were sacred that they were the Lords anointed and not to be toucht but said Iosua verse 25. thus shall the Lord your God doe to all your enemies against whom ye fight as if he should say if there be at any time so long as God hath a people in the world a King in England Scotland or any other part of the world fighting against them the Captains of the men of Warre must put their feet upon the necks of such Kings who ever they be and they must be smitten slaine and hanged up untill the evening and never did trees in England yeeld and bring forth such sweet fruit as those wherof the Scaffolds were made at VVhitehall Ianuary 30. 1648. Some slips or stocks whereof to be planted for the same good use of hanging and beheading all Tirants and oppressors will be more worth to the three Nations then all the Timber in the Forest of Deane in the same Chap. 7. Kings more are Conquered and smitten and Iosua 12. 24. all the Kings 31. and observe the precious counsell that good Iosua gives to the people before his death such Rulers and no others are of the Lords appointment Come wee to the Booke of Iudges Iosua being dead the people did evill in the sight of the Lord 2. 11. and they were sold into the hands of their Enemies that spoiled them yet ver 16. the Lord raised up Iudges which delivered them out of the hands of those that spoiled them and Chap. 3. 9. the Lord raised up a deliverer to the people of Israel who delivered them even Othniel and the spirit of the Lord came upon him and he judged Israel and went out to warre ver 15. left-handed Ehud slew Eglon Chap. 6. 14. The Lord raised up Gideon to deliver Israel from the Mideanites and Chap. 8. they would have made him King then the men of Israel said unto Gideon rule thou over us 22. 23. both thou and thy son and thy sons son also for thou hast delivered us from the hand of Midian and Gideon said unto them I will not rule over you neither shall my son rule over you the Lord shall rule over you Gideon rejects the motion with disdaine hereditary Kingdomes have no footstep in Scripture but the Lord is said to rule when fit men rule by the Lawes of God Chap. 8. 33 34 35. The people soone forgot God and Gideon then Chap. 9. the bramble will be King that which is a curse of God upon the earth Gen. 3. 18. will play Reax Gideon would not be King but Abimeleck makes no bones to kill seventy of his brethren to make himselfe King 9. 5. is such one likely to be a governor of Gods appointment Can it be the minde of God that the Trees of the Forrest should have a bramble to raigne over them Iotham the Survivour ver 7. stands up and sayes hearken unto mee yee men of Sechem that God may harken unto you and may I humbly beg leave of my miserably deluded and discontented Countrey-men to put them in minde of Iothams Parable and in true love to tell them that as Iotham by that parable foretold their ruine and ver 57. the curse of Iotham the son of Ierubbaal was fulfilled upon them accordingly so undoubtedly whoever shall by plots and conspiracies endeavour to introduce any of Abimelecks race or conditions to be King of England Ireland or Scotland or act any thing against the late statute for the abolishing of Kingly power shall perish by the sword of Iustice and those Cities that resist so just Acts Ordinances shall be beaten down and sowed with salt ver 45. The Lord grant that the salt there mentioned and Lots wifes conversion into a pillar of salt Genes 19. 26. which the Lord Iesus would have us remember Luke 17. 32. may be as savory condiments to season mens spirits with a detestation of all Tiranny and oppression and with a love to Iustice and Rationall goverment that the Parliament may give us every day more and more of the fatnes of the Olive the peace bringing Olive quicke cheape and sure Iustice which can onely make peace and harmony in a Common wealth it being the onely strong oake that can keep up the ship of State from sinking and let all that would not be found fighting against God make a Covenant of salt to be true and faithfull to the Common-wealth as it is now established renouncing ever to have any thing more to doe with Abimelecke for see what became of him ver 53. So God will undoubtedly render the wickednes of those that imbrued their hands in the blood of that learned Doctor Dorislaus and Ingenious Mr. Ascam upon their owne heads for such bloody Actions are seldome onely punisht in hell Chap. 11. Iephthah the Gileadite that mighty man of valour who was thrust out of his native place by his brethren was soon called backe to their assistance to be their Captaine and Ruler note there a plaine agreement and stipulation betweene a Prince and people and certainly so it was in the beginning of Parliaments no doubt but it was agreed upon under hand and seale but Kings have been too subtill creatures to suffer it to be printed that if the King should be of one Iudgement and the Representatives of another it must passe according to the Publique reason of the whole and that Parliaments were not to be dissolved till the busines was done which they met about other wise what fickle things were Kings and what vaine things were Parliaments as building of Castles in the Aire Now Iepthah having judged Israel six yeares died 12. 7. after whom Ibzan and Edom were Iudges they being dead the Children of Israel did evill againe in the sight of the Lord and the Lord delivered them into the hands of the Philistins 40. yeares 13. 1. then the Spirit of the Lord began to move in Sampson and his valiant exploits are the substance of the 14 15 and 16. Chap. then comes the great objection which the Royalists make Chap. 17. 6. in those dayes there was no King in Israel but every man
shall reap the same ver 8. 9. those to whom the newes of the murder of the Innocent is as sweet as a plentifull harvest is agreable to the husbandman shall not be able to avoid the stroke of Iustice but be like high trees that are planted upon the mountaines shall be made a sport and pastime for the windes and tempests But the poore Gibeonits case before wee leave it affords us an excellent document how Gods Israelites ought to carry themselves towards Ismaelits and Canaanits that would have destroyed them viz. to be very sparing in promises and protection towards them but haveing once conditionated with them and received them into favour to be very liberall in performances towards them and not to violate faith given in a title though the conditions were obtained by craft and deception And now I humbly intreat you to observe what little esteeme David had of Sauls Royall seed to hang up seven of them for what offence does not appeare but very probable that they had given Saul bad councell to destroy the poore Gibeonites and yet David had sworne to Saul not to cut off his seed after him 1 Sam. 24. 20. 21. And now behold I know well that thou shalt surely be King and that the Kingdome of Israel shall be established in thine hand Sweare now therefore unto me by the Lord that thou wilt not cut off my seed after mee and that thou wilt not destroy my name out of my fathers house and David swore unto Saul With these two arguments I doe in the name of the Lord Challenge all the Royalists in England Ireland and Scotland to answer them if they can or rest satisfied with Scripture and reason 1. That no oath of Allegiance or Supremacy can be any ground to any people not to doe Iustice upon a King for murder David a man after Gods owne heart that never offended but in the matter of Vriah therefore did not erre in delivering up Sauls seven sons to execution would not make his oath to Paul a ground not to doe Iustice for the Spirit of God in David argued thus I am by the Law of Nature as I am a creature a poore worme bound to the holy and just Law of my Creator which is unchangeable and undispensable God can no more dispense with my loving and obeying of him then hee can cease to be God by reason of his Infinite goodnes which Law is that blood requires blood Genes 9. 6. It is a fundamentall Law without which there can be no conservation of human society and I finde in the Law of God that my eye must not pittie him that sheds blood Deut. 19. 11 12 13. But if any man hate his neighbour and lye in wait for him and rise up against him and smite him mortally that he dye and fleeth into one of these Cities then the Elders of the City shall send and fetch him thence and deliver him into the hand of the avenger of blood that he may dye ver 5. thine eye shall not pittie him but thou shalt put away the guilt of Innocent blood from Israel that it may goe well with thee paralell whereunto is 2 Kings 14. 4. And also for the Innocent blood that he shed for hee filled Ierusalem with Innocent blood which the Lord would not pardon And therefore when I take an oath of Allegeance or Supremacy it must be saving that faith which I owe unto my Creator as in Iustice Littletons case when any man did Fealty to his Lord it was with a saving that faith and dutie which he owed unto the King and those other Lords which he held land of by Priority of Tenure which if it were not expressed it is implyed in Law 2. Thus I argue that if it were just to put Sauls sons to death for their fathers sin wherein hee was principall and they but accessaries at the most doubtlesse it had been just to have recompenced it upon the head of their father it could be no sin to put Saul to death for killing the Gibeonites where it was lawfull to execute his sons which might have made many pleas that what they did was Sauls command they had the Kings Commission of Array and warrants from Saul to raise forces to secure the Countrey and under pretence of keeping the peace to plunder and destroy whom they pleased but observe what a glorious sight it was in the eyes of heaven 1 Sam. 21. 14. when those seven sons were executed God was intreated for the Land It may be the common Law would have acquitted those seven gentlemen because regularly where the principall is dead the accessory cannot be tryed but the Law of God makes all principall in murder whether present or absent as the Law of man makes all principall in the highest offences of Treason and the lowest offences of trespasse nor did David question what shall I shed the blood of the seed Royall for the Gibeonites who were strangers and bondmen hewers of wood and drawers of water upon which Eternall Law of Righteousnes Major Ottoway and Cornet Grant were shot to death for murdering an Irish-man at the siege of VVaterford who having leave to goe into VVaterford to receive some money and to returne was at his coming backe murdered by their Orders or Command for which by the Councell of Warre they were justly condemned and the execution was a most famous peece of justice for had not zeale and love to Iustice preponderated and out-voted all private affections much might have been said for the vallor Gallantry and hopefulnes of the Major and Cornet I could not in faithfulnes but mention it as being a case so parallell to that 1 Sam. 21. That Sauls sons should be executed for murder of the Gibeonites and out of my dutifull respect to beare witnesse to the exemplary and exact discipline of the Army where vice is punisht vertue rewarded whereof I was sometimes Advocate and count it more honorable to be a member of an Army fighting for Christ then to be head of an Antichristian Empire But before we leave David let me but observe how the anger of the Lord was kindled against Israel for Davids one sin of numbring the people what had the poore sheep done that 70000. men from Dan to Beersheba should dye by the Pestilence in three dayes Did not God thinke you therein reckon with them for their Kingly goverment you will have a King saith the Lord to them whether I will or no you shall now smart for your wickednes for your great wickednes for unmanning your selves making your selves lesse then men to make one man equall with God to doe what he pleases I will not endure it in my owne people Eli sinned yet the people not punisht for he governed the people according to the minde of God but you will have a King sayes the Lord as the Heathens have be it so but if he sin I le punish you not only with the famine but by a
to the malignants in England specially such as make any Consciencious scruples about great Mutations there is nothing will so soone win their hearts and settle their mindes in conformitie to the present government as the Regulating of the Course of Iustice which belongs to all men as men onely and not as Christians it is not the force of power but the force of reason that conquers hearts and certainely as the spring is best for purging naturall bodyes so is the spring of a Commonwealth the most proper season for rectifying bodyes politique when the wheeles of Reformation are well oyled and in a true motion no man thinks himselfe a looser though he suffer in his particular because the publique is a gainer and it is but the Law and necessity of the times but let that motion cease and the clock stand a while there comes a rust it is difficult to raise the Bell in ringing and that which before would have been counted a just and necessary reformation will be called by persons interested in point of lucre a dangerous innovation But it is not in Law as it is in Religion It was great wisedome to put downe and extirpate the Hierarchy before any order or government was agreed upon but if there were ten grievances for one in the Law it would be lesse mischievous to Continue them all then to have no Law at all for should the force of the Law be suspended but one day scarce a man living but hath some enemy or other that would destroy him in body or estate in that time Nor is it lawfull for any Iudge but onely for the supreme authority to remove a stone which is ill placed in the building Lawes that are made by publique consent are not to be judged or censured by any but the Law makers because by them all judgement is made as Iustice which is to doe reason to every man is the end of the Law so the Law must be the rule of that Iustice a Iudge must not judge of Lawes but according to Lawes and no man must be wiser then the Law are excellent maximes the Law is the hedge of every State and he that breaks downe the hedge shall be bitten with Serpents I consesse it would be most honorable for the Reverend Iudges and learned practisers of the Law to present an expedient to that good effect and to doe it so effectually as to challenge all rationall knowing men to finde out a better Men that travaile a Road daily can the best tell every deep and dangerous step in it it is no such hard matter to observe where and how honest causes many times miscary and dye for want of formall and Regular proceedings occasioned through the want of friends or money as many poore sicke people dye for want of looking to it is no such hard matter to discover the defects and errors in a mans profession nor to propound an expedient for Civill Iustice to satisfy every honest man without hurting any mans person or destroying him in his livelyhood onely pareing the nayles of some superfluities but as there was no light in the beginning till the Lord was pleased to say Let there be light which was not onely an imparative but an operative word so in the infancie of a Commonwealth every thing is to be done in order as many a man may lye long sicke without any fault in the Physician physique or patient so may it be in a body Politique weighty stones require a long time to be layd in a building sometimes the impatience of the sicke Patient records and hinders the cure I crave leave to say a word in faithfulnes to the Reverend and learned practisers of the Law my honored Fathers and beloved Brethren this is my opinion of us if we be like the willow that will bow and bend and help forward a reformation purely to purge the drosse and to take away all the Tin that is in our profession by rooting up those unnecessary delayes which are like pricking bryers and brambles about the Vine of Iustice retayning but what is morall and rationall Iudging that to be Law which is a decree of practique reason agreeing with the Law naturall and eternall then shall we be Iudges as at the first Counsellors as at the beginning I say in that case we live but if we be like the Oake that will rather break then bow if we stand upon the Excellency and the Antiquity of our Lawes because they came in with the Romans and were never altered by Danes Saxons or Normans then it is death and so it will be of all other professions or misteries where people finde themselves grieved and straitned in their liberties what ever questions may be made as what will you destroy the Law if they cannot untye the knot they will cut it they will have a Law but it shall be for their owne good and so plaine that they may understand it els they will not be bound by it the Law is but a servant to the Commonwealth if it be found inconvenient or mischievous in Theorie or practise it must be changed and no doubt but many formalities and ceremonies must be buried in the sepulcher of Monarchy many old formes and cursary observations which exalt themselves must like the Ceremoniall Lawes of the Iewes vanish and dissolve a learned Iudge shall not be directed in making Orders or giveing Rules by the ancientest Clarke but what is morall rationall and equitable according to the judgement of Godly learned men shall be the Tract and Course of every Court and Law and Equity which are the greatest antagonists in the world shall be made friends and looke the same way I say not in substance but many ceremonies and formallities in the practise of the Law must vanish upon the settlement of the Commonwealth upon its true Basis even as the old shadowes and Legall ceremonies of the Iewes did disappeare and vanish at the coming of the substance but wee know that there was much strugling to maintaine them and the Apostles did not absolutely condemne such as were zealous for their old practises they thought it better to temporize a little and to give the Ceremonies a decent funerall gradually as the people were able to leave it rather then to struggle too much and destroy all that are contrary minded and Pauls councell in the 15. of the Acts is full of divine wisedome that where God hath put no difference betweene Christians but purified their hearts by faith they should not oppresse one another through difference of opinions though it was about a great ordinance a Scripture that should make many Christians ashamed for refusing to joyne walke with such in Christian societies that are not in every thing alike minded with them all honest Patriots and faithfull servants to the Commonwealth are not happily of the same judgement about the Reformation of the Lawes and setling the course of the practise yet
bring his cause to a period in three moneths he is dismist of course unlesse it be necessary to send Commissions beyond seas between Merchant and Merchants or in very difficult cases and where the witnesses are in forreigne parts rare The contrary practise whereunto is but as a sweet harmonie to Satan for does not he laugh to see a murderer escape through a misnaming or mistake in the Indictment and a poore man that cannot read hanged for a sheep or some corne taken to relieve his poore wife and children to see a man that hath an estate to walke abroad and confront his creditors though a prisoner in execution and a poore wretch not worth ten pounds thrust into a hole untill he pay one hundred pounds which he is no more able to doe then the Phylosopher to dry the sea with an Oyster shell It is not Cor gaudium to him to heare learned men say that the Plaintiffe hath a cleere right and title to the Land or money demanded but because of some mistake in the bill or proceedings he must pay costs to the Defendant that is the wrong doer Blessed God! did thy sacred Majestie dispence with the breach of thy holy Law to save the life of an Oxe or a Sheep that should fall into a pit on the Sabboth day and shall not thy servanti dispence with a circumstance where the right plainely appeares to save the life of a family nothing is substanciall in a course of Iustice but what is equall reasonable and good all other formes or methodes are but in effect Poperie or Turcisme as being a slavery to mens persons or estates and to be abolisht by vertue of the Covenant which in the equity of that branch of the Hierarchy I speake of the Ceremoniall and Circumstanciall formes and proceedings which are costly delatory and mortiferous but the essence of the Law like the substance of the doctrine of the Church of England truly so called not as Constituted in a Gospell order but in opposition to Rome as Antichrist is said to sit in the Temple of God and Rome called a Church in opposition to Turks and Pagans is in most things inviolable inalterable and immutable for indeed the Law of England is ancienter then books the maine pillar whereof is the righteous Law of God according to which the reformation must be otherwise it is impossible to have any setled peace in a Commonwealth where every one does or may study Scripture it is pure sollid reason whereof to deprive any Law Custome or Course of a Court is to take away the soule from man for where the Law or any Course of Practise is taken upon trust by tradition and not upon election and choice of reason the greatest tiranny and oppression is exercised by collour of that Law which puts oppression both into one Act and an Art but then this Law must be publique reason that which the Iudicious and most learned men judge so to be not the sense or Iudgement of any private man for that will be as dangerous to the Commonwealth as the private interpretation of Scripture arising out of some mens braines and not out of the Scripture it selfe is to their soules 2 Pet. 1. 20. and 3. 16. by misinterpreting and drawing them violently from the true sense to a false one to uphold their errors as it is possible some may uphold old errors against new truthes for advantage sake for there is a remnant of old Adam in the best man The two great enemies that S. Paul had were two Smiths the silver Smith and the Copper Smith that got much money by making silver and copper chaines or Image to the Heathen Gods and Goddesses Acts 25. 24. to the 28. great is Diana and 1 Tim. 4. 14. Now because it is of very high concernement for all that are servants to the Commonwealth in publique imployments to live in the opinion of all good men as the best and strongest fortification and engagement to faithfulnes and diligence therefore having received some loving advertisements from some faithfull friends in England as if we proceeded here irregularly or arbitrarily in matters of Iustice that some turned the Law into Preaching that had other busines to do and that Ministers are harshly dealt with or to that effect knowing that truth is very welcome and reason very prevalent with your Honors I crave leave to answer first as to the administration of Civill Iustice in this Province thus it stands my Lord Lieutenant the dayes of whose life the Lord of life multiply and sweeten to the further Terror of his Enemies and greater comfort of his deere servants upon many petitions from the Inhabitants of the Province of Munster was pleased to revive the Presidencie Court there as formerly consisting of the Lord President two Gownemen viz a first and second Iustice and other Commissioners My Lord Deputie who is a blessed Instrument and indefatigable in the works of holines and righteousnes for the great ease and safety of the people hath altered the Provinciall Court into County Courts that whereas before the people travailed fourty or fifty miles now their differences are ended at home in the nature of Assizes or sittings And the Honorable Commissioners of Parliament promoting the true liberties and freedome of the people have given great ease to them in taking away some needlesse offices and in matter of Fees there being seldome twenty shillings spent in a cause by all parties unlesse it be in Councells Fees which are ascertained and but very small in comparison I doe not in the twenty shillings include the charge of witnesses which yet is very small not goeing out of their owne County but the Fees usuall which are allowed to the officers Iury Clarks and Attorneys for the Court hath not any every man pleading his owne Cause which I observe to be a good way for discovering the truth The forme and method of proceedings hath not by me been altered in any point considerable but indeed the originall constitution of the Court seeme to me to be excellent in foure particulars The first proces of the Churt hath ever been a summons in the nature of a Subpena then an attatchement or distresse of the defendants goods not restraining his person but for matter of Contempt or upon very just and reasonable cause Secondly It is a mixt Court and the Bill may containe both Law and equitie whereby halfe the suites in the Province are ended or prevented but hath no Cognizance of Pleas reall concerning titles of Land Thirdly The Cause is heard and ended as soone as it is ripe for hearing indeed herein is some alteration for whereas formerly there were but two or three sittings in a yeare the Iustices and practizers attending the upper Courts at Dublin in the Terme-time and so causes depended long Now having no other busines to doe wee end the difference as soone as it is prepared for a hearing which some how Iustly let wise men Iudge
excepted according to the nature or disposition of severall people some requiring a straiter bridle then others for was there ever such wise Kings in the world as Moses David and Solomon whose famous Acts recorded in Scriptures are not onely propounded to us as examples of Pietie but of true Prudence and VVisedom and the Gentills even the wisest amongst them as Solon and Plato acknowledged Moses Lawes to be the best and most learned and travailed into Phaenicia Syria and Egypt to be acquainted with the people of God and their Lawes and because Plato borrowed so much from Moses therefore hee is called Mosen Atticum and Pythagoras spent two and twenty yeares with the Priests and Prophets and then went into Italy where hee instructed six hundred Schollers in the wisedome of Moses and the Egyptian writers called Moses Andra Daumaston ki deion Virum admirandum ac divinum certainly the Platonists were therefore counted the best Phylosophers because they came neerest to Moses Law and had it not been for Monarchicall Goverment all the world had long since been governed by the Lawes of God in matters of Civill Iustice that high commendations which is given of our Lawes that if Adam had not sinned in Paradice all the world should have been governed by the Common Law of England is either Complementall and Poeticall or els must arise from that Maxime that the Law of England is grounded upon the Eternall Law of God right reason and pure naturall principles and that sentence of better it is to go to the fountaine then to follow the streames is very excellent if it be rightly understood of the Law of God which is the fountaine of all true Iustice Iosephus sayes that Ptolomy Phyladelphus the most prudent of the Egyptian Kings when Theoprast had sent him Moses Law in Hebrew he sent Embassadors to the Iewes to intreat them to send men skilfull in Hebrew and Greeke to translate it into Greeke which being done hee made it in force throughout his Dominions but how little doe Christians prize this good Law of God 1 Tim. 1. 8. which place must needs be intended of the Iudiciall Law as my honored friend Mr. Peters hath rightly observed for he speakes of the Law against Murderers and VVhoremongers did Plato and those famous Law givers light their Candle at Moses Law making use of Scripture for Civill wisedome though not for their Religion and shall Christians that have such a Treasure in their hands as the holy Lawes of God make no use of it for the Civill pollicie of States for which the Iudiciall Law was principally intended I never understood any other Reason of Clergy mens sitting in great Councells but that no Law might be enacted till it were examined by the Law of God and the Levites being Iudges amongst the Iewes does not prove that one man may have severall callings for all true reputation consists in the discharge of a mans proper profession but that the Law of God was as their Civill or Common Law Iustice is the end of the Law the Law is the Commonwealths servant the Magistrate is Gods Party and the Image of God therefore the Law must be in substance according to the modell of the Law of God Blessed be God for the many good Lawes that have been made since Ianuary 30. 1648. yet still I heare that the great cry in England is Reformation of Lawes no doubt there may be abuses and errors specially in the practicall part of the Law and I know it is and hath been long in your Honors Breasts to Rectify and Reforme them and to settle an expedient for speedy cheap and sure Iustice to run downe not by drops but like a mighty streame Amos 5. 29. in a quicke constant and invariable way I confesse I am something troubled at the diversitie of honest mens opinions in this particular some looke upon it as a more difficult worke then abolishing the Tirannicall Goverment that Lawyers will struggle asmuch for their interests as Bishops did that many honest men must be disobliged who have been cordiall to the State and must suffer Diminution in point of Fees and so conclude that the worke is not done because it cannot be done though it be the earnest desire of all honest men yet the difficulty of the worke discourages the enterprise as Columbas and others who discovered the westerne Plantations knew that there was Land there but lookt upon the voyage as insuperable whereas to my weake apprehension there will be no such great difficulty in the thing for first as to suites already depending either they are for weight and number like the sands of the Sea in comparison or may be all ended in a few mouthes indeed after Civill warrs what by reason of former obstructions in Courts of Iustice and personall Animosities there must needes be aboundance of suites and therefore in Germany France and other Nations upon the settlement of a Peace they usually passe an Act of Oblivion or grant Commissions for determining them in a summary way dispensing with the solemnities of their Imperiall Constitutions and municipall wayes of proceedings the people having been so exhausted by the warrs being not able to undergoe tedious Circucularities in their Law-matters for the remedy would prove worse then the disease and then for the future men will not be so contentious when they see that it is in vaine to begin or defend unjust or vexatious causes when delatorie and declinatorie pleas and exceptions like the Sea-marks are to be avoyded and will not be allowed for this I observe that no man wages Law but in hopes to cast his adversary if not by the merit of the Cause yet by crosse suites and clapping great Actions upon him who is not able to give Bayle thereunto or by the Defendants wearying out the Plaintiffe and forceing him to become Recreant like the Tryall by battaile if the Defendants Champion can hold out so many houres his innocence is presumed or like the Tyrant that threatned Death to one unlesse he would make his Asse to speake as Balaams did which hee undertooke to doe in three yeares and his friends judging him to be in a desperate condition he said that within that time either he or the Tyrant or the Asse would be dead but when men shall peeceive that it is but an expence of time and of coyne to defend unjust suites or to Comence frivolous or malicious Actions the parties will agree and there will not be one suite of twenty and for difficult matters experience shewes us that speciall verdicts are very rare and not one Exchequer Chamber cause of one hundred As for the time of this Reformation no doubt but the sooner the better matters of safety and security against common Enemies and dangers being in the first place lookt after and throughly provided for otherwayes it is but to looke after the bootie before the victory be wholly obtayned but then with all possible expedition because as
are not therefore to differ in affection but being intent upon the popular utillity and therein all agreeing there is much prudence required not to disoblige honest men so to reforme for the publique good as not to destroy private Relations the Monks and Friars had a maintenance upon the dissolutions of Monasteries and God forbid that any man that hath an office or imployment which is not evill in it selfe but by accident should be destroyed turned a begging I hope we are none of us possest with that perniciousiprinciple of the Popes infallibility nor much taken with that tale of Counsell given to our late King in Spayne upon a set of Diamond buttons that he had in his dublet all fastned by one thred one of them slipping they all fell off sayes a Grandee there so it will be Sir in England if you part with an inche of your prerogative if you suffer any reformation it will be your destruction we see what became of it I presume better things of my honored brethren in England Let us not be like that generation of men the Bishops that hated to be reformed so the Commonwealth florish it is no matter what becomes of our practizes wee are members of that Body and if it goe well with the State it cannot goe amisse with us God forbid that any one of us should be counted of so bad and corrupt a principle as rather to keep three Nations in a lingring consumption then deny our selves in point of diminution of gaine it is not necessary that we should live much lesse exact great matters but that Iustice be easie and speedie and mercy showne to the poore is the only thing necessary Indeed the the greatest part of my feare is that many Godly honest hearts are possest with an opinion that knowledge is not requisite in a Commonwealth as under a Monarchy as if learning was onely for a Court and for the splendor of Majestic which indeed is the glory of all Nations The Lord deliver England from three sorts of Mountebancks Iudges Ministers and Physicians that have but one saddle for all horses that getting upon a bench talke of great cures and if they cure one for a hundred that miscarie they are admired like some old witches not knowing the reason or cause of any effect or operation which is the onely currant learning one mans reason like his money being as good as anothers the grand reason why the learned Iudges in E. 3. and H. 6. and E. 4. times and since have not endeavored a Reformation of the Lawes hath been for want of consideration to what end the Law was ordained they have been very learned in book cases in the historicall part that such a Case was so adjudged but the reason of that Iudgement whether for the publique good or to advance prerogative they lookt not after neglecting the polliticall part and end of the Law And not tracing the Kings of England in their foundations and footsteps of Tyrannie in so conferring all places and offices of Iustice in the severall Courts that it might mount like a Piramis to advance prerogative but certainly the greatest miserie to an Innocent is the ignorance of the Iudge for what conscience can there be where there is no science what Iustice can be expected from such though honest and godly men that neither know what Iustice is nor what Law the rule of Iustice is nor why such a Case is Law but doe Iustice right or wrong as we say Proverbially if the Plaintiffe demand a hundred pound give him fifty pound to make them friends and if a tall man have a short cloake and a low man have a long cloake let the tall man have the long cloake for conveniencie and truly Title Conveniency will be very large indeed the Law ought to be plaine and easie obvious to every mans sence apprehension but if every man did know the Law that is not all that is requisite in a Iudge There is first Patience to heare all that can be said which men that know but little though never so honest will not have for those that have but little science quickly pronounce sentence a wise man never thinks he hath heard Parties and Councell speake enough There is doubtlesse much learning required in a Minister to be able to speake to a Case of Conscience to compare Scripture with Scripture and to search for Truth as in Mynes which is a laborious work indeed if there were a plaine Precept for every duty and a litter all expresse prohibition against every sin there would be the lesse need of learning in the Ministery but many truthes lying deep though every believer hath the Spirit of God to apply the Blood of Christ to his owne soule yet without the bucket of human learning and strength of reason he will draw but little for the good of others the not understanding whereof hath already introduced a grand error that many grosse sins are no sins because not litterally forbidden and many duties neglected because not commanded in expresse te armes in Scripture though by necessary deductions made manifest by the help of reason though Lea Rachell and Sarah furnished their husbands with other women and that many of the Patriarks had many wives yet there is no such Law now though the Scriptur say we are to give an account of every action yet we shall be accountable as well for our idlenes it is not the words but the meaning of the Scripture which is Scripture if otherwise the Papist hath as much to say for his Transubstantiation and Arminians for generall redemption as we for any Article of our faith It is not for bunglers to take upon them the charge of soules And there is much learning requisite in a Physician to know the principles of mans Composition the nature of Spirits the nature causes Symptomes and differences of the severall diseases and the method and manner of curing them the knowledge of hearbs flowers plants roots trees mettles minerall druggs and how to choose and prepare medicines with infinit other perticulars which require a whole man to attaine a competent measure or knowledge therein and God forbid that any Empericke should be suffered to trye experiments upon so noble a subject as the body of man and though sincerity of affection may counter vayle depth of Iudgement in private matters and advises yet in things of publique concernement it will be but a blind zeale to judge according to events for hard and great matters will arise in Iudgement Exod. 18. 26. but the part of a Iudge is more difficult in some respects specially in point of time A Minister hath a weeke happily for his Sermon and seldome any disease so violent but the Physician may consult about it but where many people demand Iustice at an Assises there is not onely a promptitude of elocution but much science requisite to give quicke dispatch which is the Clyents joy and
Iudgement is something more then science Be instructed ye Iudges of the earth but be consciencious for learning and a good Conscience are two of the bravest supports in the world because a man cannot be deprived of the first in this world nor of the other in the world to come and Iudges are so far to be skild in the Law of God that in all causes coming before them they are to warne the Clyents that they trespasse not against the Lord 2 Chron. 19. 10. If this learning should fall which I hope I shall never live to see then farewell to Ministers and after that no more Magistrates Secondly Prudence 10 answer all objections and cavillations that will be brought to put life into a dead Cause for in most great suites the parties Litigant commonly thinke that they are both in the right and if the matter be heard by no wiser men then themselves how shall he that is in the wrong ever come to see his Error and this Prudence in a Iudge consists principally in giving satisfaction to the hearers that the sentence is Iust and if possible to satisfy him against whom Iudgement is given that he hath no wrong done him Thirdly Iustice which must respect the cause and not the person Iudges were pictured blind and the Areopagites gave sentence in the dark Thou shalt not pitie the poore in Iudgement though it be plausible and naturall for tender hearted men especially so to doe yet God abhorrs it Fourthly There is required Mercy after Iudgement the poore mans condition is to be considered for if Iustice be wound up a peg too high in the Execution of it it breaks Summa Iusticia is the degeneration of it But by this learning I am far from understanding any Craft or Artificiall subtillities in taking legall exceptions for the quashing of Inditements and thereby to save a witch or a murderer from the Gallowes or to arest the Iudgement when the money is conscionably due to the Plaintiffe this is none of that wisedom which Solomon desired I Kings 3. 9. which is requisite in a Iudge it is a wise and understanding heart to discerne Iudgement betweene good and bad truth and falshood a righteous and just cause from that which onely is so in appearance the simplicity of the Dove in doeing wrong to no man and the wisedom of the Serpent to see that by subtillitie in pleadings unnecessary delayes captious interpretations and clamorous importunities an honest cause be not delayed or overthrowne marke I beseech you what a Iudge Prince Iob was Chap. 29. 11. when the eare heard me then it blessed me and when the eye saw me it gave witnes to me hearers had not words enough to praise my eloquence hee was so admired that any one but Iob would have been proud of halfe so many acclamations Ver. 12 13 14. Because I delivered the poore that cryed and the fatherlesse and him that had none to help him the blessing of him that was ready to perish came upon me and I caused the widowes heart to sing for joy I put on righteousnes and it clothed me my Iudgement was as a robe a diademe the poore oppressed ones gave him 10000. benedictions the widow owed to his care the conservation of her children and by banishing sadnes from her looks he made her life comfortable and her mouth publisht his praise the fatherlesse being vertuously educated were in a better condition then when they had a father though Kings adorne themselves with purple yet they minde their pleasurs and honors more then doeing Iustice to the friendlesse but Iobs principle ornament and garment Crowne and Diademe was Iustice. I was eyes to the blinde and feet was I to the lame I was a father to the poore and the cause which I knew not I searched out hee mixed the quallitie of a father with that of a Iudge granting executions against poore men with a bleeding heart melting to thinke that such as are lame and blinde should be ordered to run and see like those who are to lye in prison for one hundred pound when they are not worth twenty pounds certainly the most honorable title is to be stiled a father of the poore for what need is there of rich men but onely to doe good to the poore and though a ludge must not pitie the poore in Iudgement yet after Iudgement pronounced there is place for mercy which is but Iustice and before sentence the poore mans interest ought to be so deere precious to the Iudge as not to pronounce any sentence against him till his cause be throughly not onely opened but studied and when the poore had none or but little Councell Iob was as well their Advocate as their Iudge As by the wisedome of the Law of England the Iudge is to be a Councell for the prisoner in matter of life and death so was Iustice Iob a Councell for poore men in all Civill Causes and would not let any man lye in prison for a debt untill he had examined the justnes of it and that it was cleerely due as well in equity as by Law and his justice is most conspicuous Iob 31. 13. If I did despise the cause of my man servant or of my maid servant when they contended with mee hee heard the complaint of his slaves he permitted every man to speake for himselfe before he be hayled to prison to alledge reasons why hee ought not to be carryed thither and the ground of such his supereminent Iustice was ver 14. 15. VVhat then shall I doe when God riseth up and when he visiteth what shall I answer him did not he that made me in the wombe make him and did not one fashion us in the wombe that though he was a Iudge upon earth yet he was a servant to the God of heaven who would enter into judgement with him that though the condition of the Iudge and the Client be different yet their birth is alike God is Father of them both the Clients body molded of dirt and the Iudges not formed of any nobler matter and that both of them had the honor of being formed by the hand of God and both their soules made after his Image as if Iudge Iob and his slaves were Copartners or Tenants in Common that Princely spirit goes on and from ver 16. to ver 25. makes the most incomparable challenge that ever the people heard of If I have withheld the poore from their desire or have caused the eyes of the widow to faile Or have eaten my morsell alone and the fatherlesse hath not eaten thereof for from my youth hee was brought up with me as with a father and I have guided her from my mothers wombe If I have seene any perish for want of cloathing or any poore without covering if his loynes have not blessed me and if hee were not warmed with the fleece of my Sheep if I have lift up my hand against the fatherlesse when I saw
alive in love but reproved him in his fury that others which should be borne after might see the vagabond and fugitife and magnifie the Iustice of God upon him the branding feare and shame that he underwent being farre worse then death and so the first King was not unaccomptable but lost all for a murder so true it is that many a man marries a widow that would gladly be rid of her traine of children and whereas many have instanced in Davids case that he was a man of blood in the murder of Vriah and yet not put to death the answer is easy that David ought by the Law of Man to have suffered death though he was a Monarch and Nathan caused him to be his owne judge 2 Sam. 12. 5. As the Lord liveth that man that hath done this thing shall surely dye then Nathan said to David thou art the man and if he had said no more there must have been some Executioner found out to have taken away the life of David it being against the law of Nature to make any man his owne executioner but be pleased to observe how Nathan aggravated the sin verse 8. 9. as if it were a farr greater sin for David to commit a murder then for a private man because it is a double sin murder and breach of trust it is the highest treason for a King to murder his Subjects and there can be no greater honor to any people in the world then to doe Iustice upon a murderous King but vers 13. David confesseth his sin I have sinned against the Lord in killing Vriah the Hittite with the sword and slaying him with the sword of the Children of Ammon though David never toucht the weapon that shed the blood of Vriah 2 Sam. 11. 14. therefore it is an impotent argument that the late King never killed any man with his owne hands and as weake to say that there was no malice in him which formally denominates and distinguishes murder from man-slaughter but a Martiall contending for his owne right upon such probable grounds that if a plaintif in Chancery were non-suited he ought not to pay any costs for that he had a probable cause of litigation for if there was not a prepenced and precogitated malice against all publique spirited men against whom he breathed out so many threatnings wishing that they had but one head that they might be taken off at a blow as another Nero yet there was malice in Law and malice implyed to kill every man that should stand in his way of an absolute unaccountable domination which certainely is a clearer malice then a thiefe hath that kills a man that will not loose his purse the thiefe hath no desire to hurt the honest man wishes him at his owne house in safety if he would but leave his purse behind him for I appeale to every sober man whose judgement is not corrupted by preingaged affections which is more hainous murder and offence in the sight of God for a poore man to rob a rich man of ten pound and in case of resistance to kill him or for a Prince that for the maintenance of his Pretogative which himselfe sayes is to be accountable for his actions to none but God alone shall grant Commissions of Array and raise Armies to put a whole Land into a Combustion and flame to the pillaging plundering massacring and destroying many thousands of poore innocent people And Nathan said to David the Lord hath put away thy sin thou shalt not dye No man can pardon murder but God alone so that the reason why David was not put to death for that murder was not for the authority that he had as a King but out of Gods pure mercy to him there being a supersedeas to the Execution from the Court of Heaven thereby to make him and Manasses in the old Testament and Paul in the new patternes to such as should believe not only of Eternall but of Temporall salvation he that may command Abraham to sacrifice Isaac may pardon David for killing Vriah that however the good Thiefe was put to death and if a godly man commit a murder he ought as well regularly to suffer death as the most impious the Law of man bearing a correspondency with the Law of God that he that never sins till seventy if he then kill a man must then suffer death not only Temporall but Eternall if he be under the Law Galat. 3. 10. 1 Pet. 4. 5. Let no beleever suffer as a murderer thiefe or evill doer proves that if any such be murderers they ought to suffer and the next verse holds forth to me more then what is ordinarily observed yet if any man suffer as a Christian not for his Religion only for then it should signify no more then verse 14. but if a Saint should through the strength of a temptation and malice of Satan commit a murder as the best man living may possibly commit any sin but the sin against the holy Ghost in such a case let him suffer legall punishment as a Christian let not him be terrified so much at the present death as rejoyce that he is goeing to his fathers house to Eternall happines let him be more affected and afflicted that Religion should suffer by his fault then for his owne sufferings let him take a kinde farewell of faith which shall presently be turned into vision and of repentance for that all teares shall instantly be wiped from his eyes let him feele by the spirit how all things worke together for his good even his great sin for which he suffers it being the occasion to bring him soonet to his Crowne of glory I say though this be regularly true that if a godly man commit a murder the Law will take hold of him 1 Tim. 1. 9. 10. yet if the Lord worke hearty Contrition in his soule for the offence as in the case of David I have sinned the heart be kindly touched with godly sorrow which did not appeare to be the Case of the late King it seemes to me that they which carry the sword may in some speciall cases save such a man alive where happily the Lord hath so sanctified that affliction to him that he is thereby become a new creature and is not the same man that offended and may be more serviceable and instrumentall for the Publique then his death would have been advantage to the people in point of exemplary Terror without any violation or infringement of that preceptive fundamentall law of Gen. 9. 6. the reason whereof being perpetuall so long as men are made after Gods Image it can never be abrogated though any one should extraordinarily be saved by the equity of the Law as in Davids Case who certainely were it not for some speciall reason as a King did more deserve death then for a private person to commit a murder as he that is a Scholler and knowes the Law ought in reason rather to be hanged for stealing
did that which was right in his own eyes Chap. 18. 1. and 19. 1. repeated upon the occasion of the abuse and murder of the Levites Concubine where the Holy Ghost does not meane such a King as Abimelecke or as the Gentiles had to breath life into the Lawes by his Royall assent for such a King the people of Israel never had nor owned in the Land of Canaan not a man that challenged a power unaccomptable to oppresse murder sweare plunder and commit all manner of wickednes without controle such a monster being fitter to carry garbidge to Beares then to live amongst Civill people but there was then no man zealous for Gods glory to fight for Israel and to judge them according to the Law of God therefore the Lord raised up Samuel a singular man for Iustice and mercie 1 Sam. 1. 28. Hanah his Mother lent him the Lord Chap. 3. The Word of the Lord was revealed unto him he dealt faithfully in telling Eli what the Lord commanded thereupon he was established to be a Prophet of the Lord vers 20. Chap. 7. He exhorteth to solemne Repentance then they make him a Iudge vers 6. being so he yet prayed and sacrificed and the Lord discomfited the Philistines by Thunder and Samuel judged Israel all his dayes and went Circuits carrying home Iustice to the peoples houses and built an Altar unto the Lord having ver 12. taken a stone and called the name of it Ebenezer saying hitherto hath the Lord helped us Iudges being to take speciall care that God may be purely worshipped and glorified and that Gods people may not forget the mercie of the Lord in destroying their Enemies Certainly Moses and Samuel were two of the best Iudges that ever were in the world and are to be as patternes and looking-glasses to all Magistrates so that as he is the best Christian that is most like unto Iesus Christ so he is the best Iudge that is most like unto Moses and Samuel Moses Exod. 18. 13. sat to Iudge the people who stood by him from the morning untill the evening he ended the businesse of the day with the day ver 16. sayes he I Iudge betweene one man and another and I make them know the Statutes of God and his Lawes if a Iudge can but teach people the Statutes of God and his Lawes his worke is in a good forwardnes and more then halfe done In that Samuel is commended for telling Eli the destruction of his house it argues that the best part of faithfulnes is to discover the abuses and errors in any profession as being best knowne unto them for the end of the professors and of every ones profession ought to be the same viz. the welfare of the body politique therefore whereas there are many Ieofailes rubs that lie in the Allies of Iustice that poore men are overborne in their righteous causes by full purses which the Reverend Iudges proceeding regularly as they find the course of the Court cannot remedie without the power of Parliament I have seriously thought that oppressions in Courts of Iustice have been spun by the late Courtiers with so fine a threed that few but those that daily meet with it in practise can see it and therefore unlesse it please God to move the hearts of the honorable Iudges in pure love to Iustice to propound fit remedies to the Parliament plaisters that may be large enough for the wound I meane an Act of Retranchement to cut off all unnecessary delayes and expences in matter of Iustice between man and man that poore men may have it for Gods sake the rich for reasonable consideration it will lye very remote from the understandings of many worthy publike spirited men what course to take therein without which all the warres have been but as purgings and vomitings the health of a State consisting in the equallity and harmony of Iustice and all Martiall Iustice is sanctified by the Civill Iustice as for example if one of the Reverend Iudges would make it his suite to the Parliament that a bargaine and sale might be as strong as a fine Recovery that a poore Farmer or Cottager might leave some small portions to his yonger Children without paying one or two yeares purchase for the charge of a fine and recovery what an ease might this be to men of small estates to passe them from one to another and to cut off Intailes by a deed in writing without so much solemnitie and expence if another would set forth the unprofitablenes of Outlawries which are to no purpose but to multiply expence And a third be earnest for an Act to plead the generall Issue in all Actions and at the Assises to insist wholly upon the merit of the Cause whether the money be due or not whether the Plaintiffe have right to the Land or not I am confident it would make sweet musicke in Parliament I do not intend to dispute the lawfulnes of Legall proceedures in point of conscience to them that Iudge them so but in point of comfort at the day of Iudgment let me humbly propound this to those that sit in the seat of Iustice whether it appearing to them that the defendant hath paid the money though it be after the day of payment limited in the Condition or that the money is payd upon a single Bill where payment by Law is no plea or that the Plaintiff in an Ejectment hath a cleere right to the Land but the lease Entry and Ejectment was not proved in due forme of Law or if a wilfull murder be committed and so found by the Iury but there is a word mistaken in the Indictment whereby the murderer escapes for that Assises and so the matter compounded or the prosecutor desists and the Plaintiff in the Ejectment must begin againe having lost his own charges and payd above five pound costs to the defendant who continues the wrong keeps the Lands unjustly from the plaintif the defendant that hath paid the money is forced to fly into Chancery for reliefe where the unjust Plaintiff at Law refuses to appeare or else demurrs because he hath a Iudgement at Law or the witnesses dead and so the poore defendant taken in execution and buried above ground in prison for ten pound where the principle debt was but five pound and that paid though not at the prefixt day and so proved to the Iury I say whether it would not be easier for thē to give an accompt of reforming such errors then otherwise but if by the Parliaments intention in altering the Iudges oathes enjoyning them onely to proceed according to Iustice the Iudge may not of himselfe moderate such like extremities then of what huge concernment must it needs be humbly and earnestly to sollicite for present remedies for what souldier can with comfort fight with a blunt sword it is a great joy to Physicians to cure their Patients but if any dye under their hands when they might by a little
Parliament leaving the body of Antichristian Goverment by Bishops as before or if the body of Antichrist come to be destroyed and the thighes leggs or feet onely remaining in any Coercive Presbiters when Kings will play at small games rather then sit out and joyne with any people in the world to persecute the people of God see the end of such Kings ver 14. They shall make warre with the Lambe and the Lambe shall overcome them for he is Lord of Lords and King of Kings and they that are with him are called and chosen and faithfull and this Arraignement of Monarchs and Grandees for abusing the Spouse of Christ shall not be onely upon the puritie of Intention which will not Iustifie any Irregular Action for to Act Irregularly upon an Impetus or Impulsive spirit makes Scripture uselesse but according to naturall Iustice and common equitie that when Kings shall proclaime the Saints Traitors Heretiques and Rebells because they will not fall downe and worship the Lord according to human inventions and shall raise Armies to destroy them as enemies to their Crowne and dignities such Kings have forfeited their Civill Rights as the Kings of Canaan did and honest faithfull righteous men chosen by the people shall be their successors to whom by vertue of the equity of the Oathes of Allegiance and Supremacy the people are to be true and faithfull as to the Lord for whom and by whose lawes they preside and regulate their Administrations and other obligation lies upon no man by vertue of any such Oath that he formerly tooke for there is no other successor the wisedome of God hath in Iustice so ordered it and He that is Truth when men are lyars is also wise when they are fooles for the oath was only binding to the positique capacity to be true to the King so farr as he was true to the Lawes and safety of the people Hee that tooke it in any other sense made the King a God infallible and impeccable when he sets up a standard of defiance against them is any man so unsound in his intellectualls as to thinke that the oath obliges him to stand still and suffer his owne throat to be cut No oath can tye any man to doe or suffer that which is destructive to humanity and as for Christians certainely by that statute of Numb 30. what ever any Christian vowes without the consent of her husband Iesus Christ is meerely voyd in Law and a precipitate rash oath as that of David against Nabal I Sam. 25. 22. binds not but to repentance Levit. 5. 4. 5. If it be objected that Iosua fought against Kings of another Nation as Gods people in England did not what forraigne assistance hath been in that kinde I shall not dispute but the answer is very easie that the neerenes of the relation much aggravates the offence on the Royalists part If ambitious Princes would give Commissions of Array against forraigners and not to destroy their owne people then it might be but a sin against the sixt and eight Commandement but to destroy his own Countreymen is a complicate offence of Treason also and a sin against the fift Commandement as well as the other two to betray those that trusted him and certainly had not the Parliament executed the late King the Danes or some others might have destroyed them for God binds his people by his legall Commands to Act and accomplish his designes and to destroy all Tirants and oppressors and to say who ever heard of such a thing before is an argument wherewith onely ignorant poore people are taken as the people said when Iesus Christ cast out the dumbe Spirit Matth. 9. 33. 34. it was never so seene in Israel he casteth out Divells through the Prince of Divells wee doe not read that God ever dealt with any Saint as with Iob yet Iob was no hypocrite I say the Lord hath layd an absolute Command upon the Parliament to proceed as they have done upon paine of his high displeasure and being guilty of high treason against the Majesty a terme not fit for any mortall man because higher then that wee cannot give of Heaven and of being utterly destroyed if they had not done it and that stroke put England into a salvable condition for doe but consider how severely the Lord dealt with Israel and Iudah when their Princes turned Lions and Wolves Then the Lord gave them a King in his anger 1 Sam. 8. 7. and Hosea 13. 11. ver I gave them a King in mine anger and tooke him away in my wrath will any man say that Sauls office of being King was of Divine ordination which was done in anger all Gods ordinances are appointed in love for the good of his people and Divine and humane society but Sauls being made King displeased the Lord and it is very remarkable that on the day and at the very houre of election Samuel dealt justly with them and told them of their great evill in rejecting God and his Goverment 17 18 19. and Samuel called the people together unto the Lord to Mizpeh and said unto the Children of Israel thus saith the Lord God of Israel I brought up Israel out of Egypt and delivered you out of the hand of the Egyptians and out of the hand of all Kingdoms and of them that oppressed you and yee have this day rejected your God who himselfe saved you out of all your adversities and tribulations and yee have said unto him Nay but set a King over us but though the Kingly Government displease God yet observe how gently Saul behaved himselfe to the people 1 Samuel 11. 12. There were some that would not have Saul raigne over them which the people would have had put to death but Saul said ver 13. There shall not be a man put to death this day whereas the Monarchs of the world make men offendors for a word one man for speaking in jest that he will make his sonne heire of the Crowne meaning a house that had that signe in Cheape-side and another for saying there goes Ed. 6. in Coleman-street have been most Tirannically murdered and executed Saul was never so bloody minded But one passage I may not omit the Holy Ghost foreseeing that Monarchy would have many Advocates to plead for its divine right for the satisfaction of all that will not wilfully shut out the light calls this importunitie of the Israelites to have a King to be a great wickednes and such a sin that the Lord will not let goe unpunished but sent unreasonable weather thunder and raine in wheat harvest Proverbs 26. 1. As snow in summer and as raine in harvest so honor is not seemely for a foole I hope England will not forget the wet season in summer 1648. how it was mid-winter at mid-summer and certainely the works of God have a voice and are most eloquent to his owne people what the Lord did to the Israelites for their asking a King England hath great
where is there any Monarch in the world that assumes a power of accompting onely to God but hath in him the sensuallitie of a swine the filth and uncleanenes of a Leopard the crueltie and inexorablenes of a Tiger Beare or Lion the subtiltie and craft of a Fox the skittishnes and stubbornes of a Mule or an Asse and in what things they have common together with beasts they are worse then beasts for beasts will not be druncke with their drinke as the drunkard corrupts himselfe in his drinke Iude 10. they speake evill of that they know not and what they naturally know as brute beasts in those things they corrupt themselves if it would be such a judgement that a man would be willing to endure any misery in the world rather then to have his body turned into the fashion of a beast and if our Ancestors have been so diligent to destroy Woolves and such noxious creatures that whosoever should bring in the head of a Woolfe was to have a reward for it what a madnes or lethargie is it in men that would be counted rationall not onely to suffer Tirants and mysticall Woolves to domineere with a rod of iron when God gives them an opportunitie of extirpation root and branche but to contend against their brethren to set up a Tirant to rage like the waters because they cannot bring in an overflowing Tide and streame to breake downe the banks of honestie and equitie what was it that made David wish Psal 55. 6. compared with Ier. 9. 1. to 6. and Psal 59. Oh that I had the wings of a Dove that I might fly into the wildernes and there abide are not wild beasts in their proper element in a wildernes as fishes in the Sea true but the goverment of Saul and his prerogative creatures was more cruell then the fierce Lion that will either pitie the crouching passenger or not prey upon him till hunger require it and then put him out of his paine in an instant but Tirants and such are all that will not be accomptable to the people keep men in prison many yeares to satisfy their insatiable cruelties and torture poore creatures by lingring deaths denying them the favour of expedition in that kinde therefore David sayes Psal 22. 20. Deliver my soule from the sword my darling from the power of the dog the spirit of God in David calls Saul a dog better sayes David to fall into the hands of a Tiger and wilde beasts then live under a Tirannicall goverment there is a famous story of some Spaniards that being besieged by a Tirant and in danger to be taken the young men first tooke all the old people in the City and let them blood to death and cut off their heads killing them with the fairest and easiest deaths that could be next they tooke all the treasure and riches in the City and set it on fire and then they tooke poyson and poysoned themselves and the survivor opened the gates and killed himselfe so as the enemy had nothing but rubbish and ashes of two evills choosing the least old and yong and all the City to be destroyed together rather then to fall into the hands of a Tirant where no Iustice can be had the Lord cōtinue and increase the same gallantry and noblenesse of spirit in the English nation rather to endure any misery in the world then ever to admit any more of a Tirannicall Goverment for that is to make our selves lower then beasts which are not devoured by those of the same kinde to make one man more then a man with Titles of Sacred Majestie and Gracious Highnes Incompitible with a state of humanity Now I beseech you have patience a little longer to observe what strange creatures the Kings of Israel were and then let every honest hearted man but aske himselfe some such questions as these whether it is not likely that God would give his owne people as good Kings as to any other Nation Secondly if God was so exceedingly wroth with his owne children for desireing a King whether will he not be more angry with us if wee should not take warning by Gods people Note therefore that when King Ahab was dead Iehoram raigned in Israel 2 Kings 3. 1. 6. and because there was a famine in the Land the first newes is that Elisha the Prophet must be slaine 2 Kings 6. 31. 32. then he said God do so and moreover also to me if the head of Elisha the son of Shaphat shall stand on him this day but Elisha sat in his house and the Elders sat with him and the King sent a man from before him but ere the messenger came to him he said to the Elders see yee how the son of a murderer hath sent to take away my head take heed all yee fighters for the son of a murderer in the 8. Chap. ver 15. Hazael kills King Benhadad and Elisha told him what a Tirant he would be against Israel and wept for griefe to thinke how Hazael when he came to be King should oppresse and Tirannize over them then ver 12. sayes Hazael why weepeth my Lord he answered because I know the evill that thou wilt doe unto the children of Israel their strong holds wilt thou set on fire and their young men wilt thou slay with the sword and wilt dash their children and rip up their women with child ver 13 14 15. And Hazael said but what is thy servant a dog that he should do this great thing and Elisha answered the Lord hath shewed mee that thou shalt be King over Syria so hee departed from Elisha and came to his master who said to him what said Elisha to thee and he answered hee told mee that thou shouldest surely recover and it came to passe on the morrow that he tooke a thicke cloath and dipt it in water and spead it on his face so that hee died and Hazael raigned in his steed As if a King should take the Sacrament upon it that hee intends no more hurt to the Parliament then to his owne children and the very same day grant comissions to slay and murder the most saithfull patriots but see what credit there is to be given to such mens vowes and protestations 2 Kings 10. 32. Hazael smote them in all the coasts of Israel Iehu was next made King by the Souldiours and 2 King 9. 24. Iehu drew a bow with his full strength and smote Iehoram betweene his Armes and the Arrow went out at his heart and he sunck down in his Chariot then Iehu followes after Ahaziah King of Iudah and smites him and he died at Megiddo 2 Kings 9. 27. and Iehoahaz succeeds Iehu in the Kingdome of Israel 2 Kings 10. then Chap. 11. Athaliah the mother of Ahaziah arose and destroyed all the seed Royall onely Ioash who with his nurse was hid and peserved from the massacre and was afterwards annointed King and the people clapt their hands and said God save
the King 2 Kings 11. 12. and blew their Trumpets then Athaliah rent her cloathes ver 14. and cryed Treason Treason she might with more reason have cryed out away with Kingly goverment that occasions so many murders treacherie villanous conspiracies who to get into the throne and to secure their stations and maintaine their pompe and grandor must destroy poore Innocents and all that stand in their way of absolute Dominion In Chap. 12. 2. Iehoash did that which was right in the sight of the Lord yet ver 20. his servants arose and made a conspiracie and slew Ioash in the house of Millo which goeth down to Silla if God sometimes gives a good Iosiah an Edward the sixt or a good Queene Elizabeth the office is not sanctified by the person when princes professe love to the people It is but sowing the seeds of future troubles and miseries for when Kings are good the people are never jealous of their liberties and faire language and a few good Acts and actions bring the people into a fooles paradise the prerogative then taking ten times firmer deeper root in such Halcyon dayes and certainly the Tares Wormewood Gall Colloquintida and bitter fruits which England hath lately tasted of and reaped in such aboundance were sowne set and planted in those calmer times and the precious blood that hath been shed is no doubt the seeds time of freedome and glory to the Nation the ground worke of those precious durable priviledges that English-men shall hereafter enjoy but see Chapter 13. Iehoahaz son of Iehu was King in Israel ver 2. and he did that which was evill in the sight of the Lord and followed the sins of Ieroboam the son of Nebat which made Israel to sin he departed not there from and the anger of the Lord was kindled against Israel and ver 3. he delivered them into the hand of Hazael King of Syria and into the hand of Benhadad the son of Hazael all their dayes it would make the very bowels liver and intralls of a Christian to yearne and stir within him to consider how poore creatures from time to time have been punisht for the wickednesse of their Kings sayes David 2 Sam. 24. 17. Indeed I have done wickedly but these sheep what have they done Let thine hand be against me and my Fathers house against a Kingly goverment Next comes Amaziah upon the stage of Monarchy 2 Kings 14. and his comendation is for doeing Iustice upon those that killed his father and sparing the children of the murderers according to the Law of Moses that the Fathers shall not be put to death for the Children nor the Children for the Fathers but every man shall be put to death for his owne sin ver 6. but vaine man that he was to thinke to prosper knowing how greatly God was displeased with his office ver 19. the people made a conspiracie against him in Ierusalem and he fled to Lachish and they slew him there and they brought him on horses and buried him at Ierusalom as Rich. the third slaine at the battaile at Bosworth-field by Henry the seventh was throwne over a horse like a Calfe and carried to Leister there interred then ver 23. there was Ieroboam the second King of Israel he did that whch was evill in the sight of the Lord and departed not from all the sins of Ieroboam the son of Nebat that made Israel to sin ver 24. then in chap. 15. 3. 4. Azariah son of Amaziah raigned in Iudah did that which was right in the sight of the Lord according to all that his Father Amaziah had done save that the high places were not removed the people sacrificed and burnt incense still on the high places so the Lord smote him that he was a Leper to the day of his death and dwelt in a severall house apart by himselfe scarce a king of them that died like other men for hee that will take upon him to be above other mens judgements and only to account to Heaven is not worthy the society of men ver 8. Zachariah the son of Ieroboam reigned in Israel and ver 9. 10. he did that which was evill in the sight of the Lord as his Father had done hee departed not from the sin of Ieroboam the son of Nebat who made Israel to sinne how made them to sin is not example a morall violence that where the King is wicked the people must needs be so or is sin taken there for punishment that the people are punisht for the Kings enormities but ver 10. Shallum the son of Iabeâ—h conspired against him and smote him before the people and slew him and reigned in his steed what would the people stand by and see Shallum kill their King and then presently make him King how violently and insensately are men set upon Monarchy that though they feele all the Plagues of Egypt upon them for it yet they will have a King like the Heathens but how fared it with King Shallum ver 13. he reigned but a moneth in Samaria for Menahem the son of Gadi went up from Tirzah and came to Samariah and smote Shallum there and slew him and reigned in his steed but how does Menahem comport himselfe in his Kingship ver 16. then Menahem tooke Tipsah and all that were therein and the Coasts thereof from Tirzah because they opened not to him and all the women therein that were with child he ript them up then ver 19. 20. Pul the King of Assyria came against him and he exacted a thousand Talents of silver of the rich men of Israel fifty shekells of silver thence they tooke the President for Ship-money to tirannize and bring themselves and the people into danger and then take what they please from the people to procure forraigne forces to assist King Menahem to confirme the Kingdome in his hand but ver 22. this bloody man slept with his fathers and his son Pekahiah raigned in his steed blessed God! that such a cruell monster should dye a dry death but if Murderers and Tyrants were alwayes punisht in this world men would thinke that there were no other hell for them and yet if they were not commonly punisht here many men would believe that there was no God well Pekahiah reigned two yeares and did mischief enough to have destroyed Israel because no doubt they might have cast off Monarchy but would not doe justice upon their King therefore the Lord stirred up particular men still to doe it ver 25. Pekah the son of Remaliah a Captaine of Pekahiah conspired against him and smote him and killed him in Samaria in the Palace of the Kings house with 52. more and reigned in his roome a good riddance of the King and his Cavaliers but the more unwise they to give them no worse Epithete being Gods people to suffer Pekah to be their King for he abounded in wickednes and in his dayes ver 29. seven Cities of Israel
inspiration wrote to the Saints at Rome was to satisfie them in any doubt that might arise by their living under Imperiall Goverment to tell them that untill God did finde out a way to free them from hard Taske-masters they must submit for conscience sake if Nero would send to them for halfe their goods it was better for them to part quietly with them then to resist and so to loose their lives for what could two or three hundred Christians doe to oppose the Emperours power however he was none of their Lord they set him not up but they came in by blood and conspiracies or els the Romans elected them the Christians were meerely passive in the Goverment and in conscience ought to pay tribute to them not as if the Goverment was approved by God but because it was Gods will that Christians should with as much peace and quietnes as the world would affoard thē passe the time of their sojorning here in feare wherein the Saints lookt at the performance of the promises of God and the will and minde of their heavenly Father which they found in Scripture to be that as the people of God had suffered under the Egyptian power those Pharoes and hard taske-masters and so under the Babylonish power in the captivitie and had suffered and were trampled upon by the Assyrian Persian and Grecian Monarchs so likewise they were to suffer and to be oppressed by the Roman power as we read Dan. 7. where by the vision of the foure Beasts is represented the foure Monarchs men of bestiall spirits that create a propertie by force as amongst the beasts possession is the onely right but sayes Daniel it must not be so alwayes for ver 18. and 26 27. But the Saints of the most High shall take the Kingdom and possesse the Kingdom for ever even for ever and ever but the Iudgement shall sit and they shall take away his dominion to consume and destroy it unto the end and the Kingdom and dominion and the greatnes of the Kingdom under the whole heaven shall be given to the people of the Saints of the most High whose Kingdom is an everlasting Kingdom and all dominions shall serve and obey him see Dan. 2. 44. now this is a truth that the Malignants exceedingly vex and fret at Psal 2. 1 2 3 4. why doe the Heathen rage and the people imagine a vaine thing the Kings of the earth set themselves and the rulers take councell together against the Lord and against his Annointed saying Let us breake their bonds asunder and cast away their cords from us he that sitteth in the Heavens shall laugh the Lord shall have them in derision then shall he speake unto them in his wrath and vex them in his sore displeasure ver 6. Yet I will sayes the Lord set King Iesus upon his holy hill of Sion The Monarchs of the world thinke to intaile their Crowns so fast upon their posterity and make Lawes like the Medes and Persians to be unchangeable and men may thinke to establish Royall Statutes and make firme Decrees that Monarchy shall stand but the Lord will blow upon them It is admirable to consider that Scripture of Ier. 29. Babylon was to be destroyed as it is Psal 137. 8. 9 O daughter of Babylon who art to be destroyed happy shall he be that rewardeth thee as thou hast served us happy shall hee be that dasheth thy little ones against the stones and yet for the 70. yeeres the people of God must be patient and pray for the peace of that City where they were captives doe but read that excellent place Ier. 29. from the 4. to the 7. 10. If the Parliament had complyed with the late King and set him upon the throne it had been putting a golden Scepter into the hand of Anti-Christ and a reed into the hand of Christ to have called Christ master but to have Crowned him with thornes and a mortall man with Gold it had been but mocking and scoffing at the promises of Iustice Holines Purity Peace Plenty and freedom from oppression which the people of God are to enjoy upon the earth for doe but consider how ridiculous it is to call those Defendors of the Faith that are offendors of the faithfull that make the Saints offendors for a word that hate the Saints as men naturally hate poyson from whence it followes that the darknes and dissatisfaction which hath been upon the spirits of many Christians concerning the Iustice done upon the late King proceeds from their not understanding the Scriptures not distinguishing the times and seasons which the Lord hath appointed for his people when to be in a suffering condidition and when to be in a prosperous condition the primitive Christians were predestinate to be conformed to the image of their head Iesus Christ in a patient suffering Rom. 8. 2. 9. under Tirants but in these later times the Saints are to get victory over the Beast and the Kings of the earth shall bring their glory to Gods people Revel 21. 24. the Churches of Christ shall not any longer as sucking Lambes be in feare of wolves or as tender kids in the pawes of Beares nor as a prey to the mouthes of Lions but those that oppresse the Lords people shall be fed with their own flesh and drunke with their own blood as with sweet wine and all the world shall know that the Lord is the Saviour and the Redeemer of his people the mighty one of Iacob Esay 49. 26. as it is Gods prerogative to binde the Divell in chaines so the Saints shall binde Kings on earth let Malignants mocke and jeare at the Saints and servants of the most high God minde what the Scripture sayes Psal 149. 1 2 6 7 8 9. ver prayse the Lord sing unto the Lord a new song and his praise in the congregation of Saints let Israel rejoyce in him that made him let the Children of Sion be joyfull in their King Let the high praises of God be in their mouths a two edged sword in their hands to execute vengeance upon the heathen and punishments upon the people to binde their Kings with chaines and their Nobles with fetters of iron to execute upon them the Iudgement written this honour have all his Saints prayse yee the Lord that as Paul was delivered from the mouth of the Lion so the Saints shall be delivered from all the Lions and beasts of prey for God will ere long visit Babylon and all those Kings that have been druncke with the blood of the Saints and then all men that are of the same spirit as the holy Apostles were as all Christians are animated by the same spirit as the members by the same soule shall rejoyce Rev. 18. 20. and it is a speciall duty of Christians to express their joy by singing exaltations in the Lord Rev. 19. 1 2 3. and for the effecting of so glorious a work the Lord will plead with fire and sword with
to the Prince neither is he tyed to keep it with them nor shall a Prince ever finde lawfull occasion to give collour to this breach very many moderne examples might be alledged wherein might be shewed how many peaces have been concluded and how many promises made have been violated and broken by the infidelity of Princes ordinarily things have best succeeded with him that hath been likest the Fox but it is necessary to understand how to set a good colour upon it and to be able to faine and dissemble thoroughly and many are so simple and yeeld so much to the present necessities that hee who hath a minde to deceive shall alwayes finde some or other that will be deceived Alexander the sixt never did any thing els but deceive men and never meant otherwise and alwayes found some to worke upon yet never was there any man that would protest more effectually nor averre any thing with more solemne oathes and observe them lesse then he did neverthelesse his cosenages thrive all with him and further sayes hee a Prince will be forced for the maintenance of his State to doe contrary to his Faith Charity Humanity and Religion therefore it behoves him to have a minde so disposed as to turne and take the advantage of all windes and fortunes and a little further let the Prince seeme to him that sees and heares him to be all pitie all faith all integrity all humanity all Religion nor is there any thing more necessary for him to seeme to have then this last quallity for men in generall judge by the sight and appearances few by the touch every man may come to see what thou seemest to be but few come to the truth and feeling of thee to understand what thou art and those few dare not oppose the opinion of many who have the majesty of State to protect them and in all mens actions especially those of Princes where there is no judgement to appeale unto men forbeare to give their reasons till the events and ends of things let a Prince therefore take the surest courses to maintaine his life and estate the meanes shall always be thought honorable and commended by every one for the vulgar is ever taken with the appearance and event of a thing and for the most part of the people they are but the vulgar the others are but few in comparison there is a Prince says he that preaches faith and that Princes are not above their words but had hee kept his promises hee had lost his state long agoe so far Machiavell And another principle amongst Monarchs is that if any subject begin to have a conceit of his owne merits or to deserve well from the publique he must in reason of state be discourted if not executed for seare of factions and Rebellion when David came to Ierusalem with the head of the Giant the women met him singing Saul hath slaine his thousands and David his ten thousands 1 Sam. 18. 7. thereby ascribing more honor to David then Saul for which Saul was wroth against him and from that houre you may observe that hee never lookt upon him with a pleasant countenance oh this David he stands in the way of my applause he is counted a better souldier more just mercifull or Religious then my selfe banish him at the least if not utterly destroy him Monarchy and wholesome Lawes can no more cohabit then the Arke and Dagon take but one divine instance what wicked lawes and statutes of Omri were practised and put in execution even by Monarchs that professed to governe and rule as for the Lord and over his people in that 59. of Esay v. 3. the land is defiled with blood the King shall have power by Law to pardon murders under the name of man-slaughters ver 4. none calleth for Iustice nor any pleadeth for truth ver 5. they hatch Cokatrice eggs and weave the Spiders web ver 8. there is no judgement in their goeings they have made them crooked pathes ver 9. therefore is judgement far from us neither doth Iustice overtake us ver 14. 15. and Iudgement is turned away back and Iustice standeth a far off for Truth is fallen in the street and equity cannot enter and the Lord was displeased that there was no Iudgement the meaning whereof can be no other then this That Evangelicall Propher or Propheticall Evangelist Isaiah foretelling the Iudgement that should befall his owne Nation by the Assirians and the Caldeans telleth Iudah and Israel that principally for corruption in their Courts of Iustice they shall be severely punisht his prophesie rising no higher then to the reigne of Vzziah King of Iudah and Ieroboam the second King of Israel hee tells them that their Lawes are like Spiders webbs they entangle poore clients as the Spiders web doth the flyes to their destruction and undoeing their Lawes are spun with so fine a threed that none but Eagle eyed practisers can discerne them the plaintiffe hatches Cockatrice eggs the issue of many tedious suites is poysonfull and pernicious if he recover considering his costs and paines he may put his gaines in his eyes and see never the werse and if he mistake his Action or doe not hit the bird in the eye hee must pay the defendant his costs who yet is in conscience indebted unto him to his utter undoeing but the Spirit of God prophesieing against such wicked Councellors that contend for Monarchs saith ver 6. their webbs shall not become garments when Monarchs are destroyed their Lawes shall perish with them they shall prove but as cobwebs to those that practise them and shall afford them no succour against Gods vengeance their Lawes are crooked like the serpent full of turnings and windings Maeanders and Intricaties such as swerve from the strait and easie path of Gods Iudiciall Lawes for equity can finde no admittance or is not able to stand and beare it selfe up and ver the 11. the people roare like beares and moutne sore like doves and looke many yeares for Iudgement yet there was none for Monarchy and good Lawes are inconsistent and what Amos saith chap. 5 21 22 23. I hate and abhorre your feast dayes and I will not smell in your solemne assemblies 22. though yee offer me burnt offerings and meat offerings I will not accept them neither will I regard the peace-offerings of your fat beasts 23. take thou away from me the multitude of thy songs for I will not heare the melody of thy violls that is leave off praying and singing till there be a settled course of Iustice betweene partie and partie to run downe not by drops but like a mighty streame of water in a firme quicke cheap and unvariable way and chap. 6. 8. saith the Lord. I abhorre the excellencie of Iacob and hate his Palaces what blessed Lord abhorre thy poore worme Iacob and his fathers pompe and best condition sure it must be for some transcendent iniquitie behold the reason rendred Amos the 5. and
7. and 6. 12. for yee have turned Iudgement into Worme wood and Gall and the fruit of righteousnes into hemlocke Iustice which of it selfe is the most pleasing and profitable thing in the world and which being tempered with mercie cures all the distempers and diseases in a Body politique was corrupted made most bitter to the oppressed and most abominable to God when men are undone by the Law which should preserve them And the Lawes were no better in Habakkuks time 1. 13 14 15. wherefore holdest thou thy tongue when the wicked devoureth the man that is more righteous then he and makest them as the fishes of the Sea as the creeping things that have no ruler over them they take up all of them with the angle they catch them with their net gather theÌ„ in their drags therefore they rejoyee and are glad that as in the Sea the greater fishes devoure the lesser so a full pursed malicious plaintiffe or defendant wearies out his poore adversarie and right is conquered by might by meanes of those Angles Netts Draggs and Cobwebs and Rubbs that hang and Iye in the way and allies of Iustice preferring ceremonies formes and shaddowes before truths reallities and substances and Monarchs ever loved such wittie Iudges as could expound the Law that Iudgement should be given as his Imperiall Sacred Majestie desired and where the plaintiffs cause was so cleere that it was too grosse to give Iudgement against him then after Iudgement given for him to have such Councell as should finde a knot in a Bullrush an error in the proceedings to reverse the Iudgement and so the poore creature caught like a fish in a Net or a bird in the snare and the more he struggles to get out the faster hee is ensnared for he must pay costs to the defendant who unjustly keeps away his Land from him and if there be no such net or snare in one Court then he is brought into another because Law and Equity which should be the oearest friends in the world are many times together by the eares and it is hard reconciling them and being upon this subject let but the wisehearted consider what the Lord saith Esay 1. from the â—1 ver to the 18. verbatim so 5. 7. God looked for judgement but behold oppression for righteousnes but behold a cry God will at the length be cloyed as one is cloyed with meat which he loatheth and his stomack goeth against Prov. 27. 7. with the prayers and devotions of any Nation in the world that have not an expedient of quicke sure and cheape Iustice and will disown and spew out such a people though they be never so instant in prayer and by their instancie and importunities hope to speed Matth. 6. 7. yet his soule hateth them he abhores it from his very heart and take but that precious Text of Ier. 22. 15 16. did not thy father eat and drinke and doe Iudgement and Iustice and then it was well with him he judged the cause of the poore and needy then it was well with him was not this to know me saith the Lord Indeed a man would thinke that it should be easier to finde one good man that would even sacrifice his life to reputation and for the good of the people and so one good King for whom the people would even dare to dye Rom. 5. 7. and if Gods people had been left to any kinde of goverment which they should thinke best they might happily have intrusted some good man with a plenartie of power and have expected a blessing therein but Monarchie is against Gods institution and blessings are onely annexed to Gods Ordinances bread wine in the Sacrament are better to worke devotion then pompious toyes Images and Puppets are for carnall Gospellers sayes God when his people choose a King they reject him But does not Peter Paul call an absolut Monarchie Gods Ordinance I deny it for the power Legislative was in the Senate the Romans did never intrust any man by any Legall constitution to doe what he list without the peoples consent in the Senate Neroes cruelties were never with the peoples consent but sayes Paul to the poore Saints there you see what differences there are between the Caesars and the Senators who stand for the peoples Liberties in such a Case those that have the swords in their hands as the Emperors had the Millicia being at his dispose it is best for you to submit to them those to whom Peter wrote being strangers scattered by persecution were not to trouble themselves with State-matters no more then it had been proper for the Dutch or French Congregations that live quietly in London to have troubled themselves with the difference between the late King and the Parliament But may not people live happily in a mixt Monarchy where the King may have a prerogative in many things and yet the people enjoy their Liberties I say not for Monarchy and Liberty are inconsistent and incompatible Indeed an Apprentice that hath a good master may after a sort be said to be free but to speake properly he is a servant so if there should be a good King like a blacke swan the people may be lesse miserable for a season but it cannot hold long for every creature seeks its owne perfection which depending upon the destruction of one another they Act accordingly and therefore for any people to live in quiet it is necessary that they be totally slaves or wholly free and those Kings at first that promise or pretend to be satisfied with a mediocrity of power they doe not intend to rest there but that they may the more easily compasse what remaines and for my owne part when I heare many wise men speake of making peace with the King and tyeing him up so close to his Lawes that he should not be able to hurt the people I thought it was but a kinde of dissimulation to make people beyond Sea thinke him to be a great King and yet in effect to make him stand but for a cypher therefore I do much preferre the Spanish principle before the Scottish the first wishes that he had many lives to loose for his King and that hee had rather loose his life then question the Kings Iustice but the Scots contend for a King of Clouts meerely for the name of a King that must be whipt if he looke but awry keeping their Kings in as much awe as schoole-boyes for any people to live in slavery whenthey may be free is a basenes of spirit and for others to contend for a King and no King I meane a titular King without power not so much power as a High Constable hath to commit a night-walker is rather worse for God that hath punisht grosse profanenes in England and Ireland with rods will punish hypocrisie in Scotland with Scorpious But still versatill witts will be objecting what were all the former Emperors Tirants in the foure Monarchies or if so what