moved justly who was the first and principal Agent the Lord in appointing or the people in requiring a King which being plain on the peoples part it is objected that the Lord in his first laws to his people Deut. 17. 14. c. gave them a Rule concerning the choice of their King namely one of their brethren c. and that Jacob prophesied of the same and that God laid down the duties of the King c. To which it is answered that neither the prophesie of Jacob nor Gods laying down the Kings choice duty and such like no nor Samuels annointing Saul by Gods appointment proves any divine institution no more then the prophesies c. of great sins and defections from God c. warrants them No no the utmost it holds forth is rather a Divine concession then an original institution for the Lord in that eighth of Samuel tells Samuel the people had rejected him for being their King and laying before the people by Samuel the usage of Kings ruling at list or according to their own will and power as it were to deterre the people from it the peoples stubbornness ver 7. 8. and 19. and 20. shews plainly that in wrath as the spirit elswhere expresses it he gave them a King that is yielded to their desire of a King and Saul annointed by Samuel was chosen by Lot and being hidden was sought and by Gods direction found out of the people and saluted King with a God save the King whence if it be thought fit to be objected he was chosen by Lot and so the disposition of that being from the Lord the Lord appointed the King it s agreed but thence to infer that Kings are of divine institution it followeth not This only is properly raised thence that God appointed that person Saul to be King of his own people after Saul David comes to the Throne and though by Gods appointment and special designation the house of Saul contends with him Absolom he Rebels and carries the multitudes of Israel after him and Solomon the wisest of the sons of men succeeding though by Davids appointment yea by divine approbation many waies manifested if not fore-prophesied he so sins that the Lord rejects him dividing the Kingdom and now in the settlement of hereditary succession that special spirit which accompanied the cheifs or Kings of Gods people ceases as to the most if not all of them and rested upon special Prophets whom the Lord raised up in the Raignes of several Kings for the manifestation of his glory and love to his people not only declaring his notice of their especial sins but also denouncing judgements in case of impenitency which accordingly fell out in the several raigns of several of the Kings of Israel Judah which subsequent Kings were either faithful wholly or in the main depending upon God walking in the waies of David their father or else a kinde of formal servers of God not faithfully but hypocritically or openly prophane and Idolatrous one or two especially Jeroboam who made Israel to sin yet of Gods appointment renting the kingdom from Solomons heire to give it him and Ahab that sold himself to work wickedness in the sight of the Lord for whose outward humiliation only God spared the Nation during his daies Now this is to be noted that even then such as was the King such was the pople generally and for the greatest part at least in outward profession An idolatrous King an idolatrous people a luke-warm King a careless people a zealous faithful King a reforming praying people So far ever was outward splendor and power a leader of outward profession and civil conversation and under the law accordingly as the Lord was served faithfully negligently or prophanely such was his cariage towards this his people under faithfull and holy Kings great blessings both of War and peace under the indifferent luke-warm neuter self-seeking Kings Secureness in peace and cutting short in War But under the idolatrous and openly wicked actual devastations besiegings overthrows and at last general captivities of which the kingdom of Israel so called being of the ten Tribes under the head Tribe Ephraim felt sorely and still feel where ever they were carried by the Assyrian Monarch who was punished as for her own sins so for the example of her sister Judah whose race was yet continued in their own land under their own governors but for sin cut short and the royal race wasted or over-awed the kingdom at last became Mercinary and set forth by the Asian Kings the successors of part of the great Alexanders Monarchy to a publique sale yet sold to the Preists and of the royal blood untill at last in the fulness of time the Romane conquering or Commanding both the Asian and Aegyptian Princes it was sold or given to Herod an Edomite so that now the Law-giver and Scepter departed from Judah The temporal kingdom of the Jew in power royal ceased from all the Tribes of Judah and Israel And now the Jews themselves expected the comming of their Messiah and the fulfilling of the Ancient prophesies according to their received vulgar interpretation of a most glorious mighty powerful Prince then to be raised up of God who should subdue all their enemies under them free them from the Romane yoke now so much feared and should lead them in the strength of Moses and Elias and by his power should consummate all their joyes in reducing their dispertions to an head and seating them freely and absolutely the Commanders of the Universs Thus private interest still led on the people though pretending to God so powerful is nature ever with the flesh Having here drawn into a short sum the Misterious history of Gods dealing with that people which he did more immediately hold as his own inheritance and made a special covenant with them before we pass to new matter let us a little look back and reveiw generally and briefly what this people was the form of the Covenant the nature of the Laws and Statutes given them by God and their execution and such other particulars as shall offer themselves In the first age the persons magnified in holy writ is Abel Enoch and the rest what were they but plain men living innocently Abel though loving God and loved of God God rescues him not from the violence of his brother Cain but he falls and perishes under his hands and Enoch among the Ancients lived no more then three hundred sixty five years and was translated as t is translated that is to Saints taken into the mistery of God but to men ceased to live longer on earth both were blessed yet one dies violently or untimely the other timely he lived not half the daies of wicked men before translated both judgements in mens accounts In the succeeding generations after the flood what was Noah the preacher of righteousness or of the truth which were traditionally or otherwise received as the word of the righteous God
that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
clearly evince that those national meetings were and are not only the most natural and prudent means of composure of civil differences but also proper to this Nation the due rights of which were alwaies contended for This contest wrung away from the King those two great Charters of priviledge called Magna charta charta de foresta being the express limit and boundary of the Prince that he might not upon occasion fly out after upon his title of conquest the subject matter of them are evident to each mans veiw they are generally consonant none contrary to right reason they are restraints of the Princes absolute will or of Governing according to his own lust and declarative to the subject what he might trust to establishing indeed the right of property meum and tuum against that high point of levelling which the Princes of this Land as of all other Nations sought after not only the great men Mountains Lords but even the Mole-hills the meanest Subjects to the nod beck word of this man God the King The Lords and others saw this wherefore they bound the King by oath but what coard is able to hold a covetous much less an Ambitious spirit first therefore they plead duress or constraint and I must ingenuously acknowledge there was force against force another King confirming it in his minority or under the Age of twenty one years he thinks this a loose to his oath as if he were old enough to vow but not to perform and to these refuges of the Princes the Lawyer could give excellent colours and now the master-piece was to set the work afoot in a legal way and the Judges of the land were to determine this part they were sworn to the King and therefore they must give their advice and afford their best assistance to him the histories publike say it was an enforced opinion whereby they annihilated all the principal priviledges in the grand Charter putting at once the sword and purse of the kingdom into the Kings hand upon necessity making him to be judge of the necessity for the great trust reposed in him as King for the benefit of the Common-wealth and of this faithfulness there must be no doubt this was in the time of a weak wilful yong Prince so that the Lords in Parliament for who else durst budge or stir question the Judges as betraiers of their trusts and the liberties of the people and make them examples by hanging them at the common Gallows There were then men whose judgements and opinions were as absolute for this King and his actions these men and their determinations as might be who cried out upon the Lords and the Parliament as Rebels Subverters of the Law the setled Law and that by the opinion of sworn men the Judges magnifying the King as one that did but intend to take away the Root Spawn and seed-plot of Rebellion for while a power of contest or visible cause thereof remained which these Charters had often manifested themselves to be there would be no visible security for a setled peace if the Lords might judge of one right or privilidge of one part of the Kings prerogative why not of all if so as good be no King this was the Court dialect and of their dependants and this controversie ceased not till at last the King had ruined all the power of the Lords and now all was safe the Kings therefore to divert the stream of affection in the people from seeing into the invasion of their liberties propound Wars in France wherein being successful they please the people with smal things and take away great but especially curtail the Lords of that absolute dependance which was upon them by their under-Tenants granting the use of Magna Charta and the other Charter as Law but breaking it upon all occasions in times of War and then complying in times of peace and truly this was the State of England for the space of about three hundred years after the Conquest But you will say why did the Pope suffer this why did not he as the common and spiritual father of the whole Christian flock use his power both over the great Ram the King and the lesser cattel and younglings of the flock what such devastations murderings perjuries and other evils as must of necessity follow so many Warlike conflicts under Christs kingdom the Lion and the Lamb were to feed together and the Wolf and the Kid to lie or couch together Truly the Pope had ever an Oare in the Boat of the Common-wealth But know Rome was now the Princess and Queen of Power she raised up the people to scourge Princes disobedient to her not those obedient they should whip the people to the bare bones and this juggling appeared and there were open complaints even to Princes against the Vicar of Christ But as the Princes to appease their Subjects propound War against a neighbour Prince yea though Christian for now great men and Princes being become Christians it was hard to know whether Christians were Christians yea or not their actions were so far different from their professions So the Popes to take the Christian Princes off of their intentions to look into his Court and customes propound War against Turks and Infidels a holy and specious pretence to redeem Hierusalem from the hands of heathens still the Jewish pattern by this he hath a double advantage for his chief Enemies gone that is the most active and most zealous Princes for reformation he propounds the same to others but discharges them of their oath for they that went did so for many others he employed against his private Enemies that is Enemies of his leudness wickedness and apostacy from the faith of God the Kings of the earth making a league with the whore and drinking of the cup of her fornications and shall no doubt of her destruction also so that they who should and ought being taken off from punishing her God raised up poor despicable Creatures yea taught Babes and Sucklings to vindicate his truth as the so called Waldenses Albingenses poor men of Lyons in France and boundaries of Italy Wickliff with us John Huz and Jerom of Prague with the Germans and others with others thousands of which the Pope in the teritories of France caused to be murdered by souldiers sworn for Hierusalem Now as the Popedome was corrupted so was the generality of all the Bishops Doctors and Priests in all places they had an abundance of riches fat paunches and lean pates they had now found out an easie method of serving Christ they were in the years of the Churches prosperity that themselves agree and we believe that was the great reason they took so little pains The Kings had reserved donations of Bishopricks to themselves and riches and honor the nourses of ease were what all strove for these dependances held the generality close to the Kings if any opposed it was pride stirred up anger that they were omitted and
others either preferred before or above them yet even in this time the name of religion was venerable and truly the faith of many or rather the credulity or superstition of most with abundant charity was everywhere perspicuous love of God drew some but Pride Lust Covetize Ambition Ease and such like drew a multitude to speak of the multitude of vain and superstitious attractives I count needless as fitting rather itching ears then solid heads yet this gangrene over spred the whole body of the Christian Common-wealth and it was no miracle for miracles were become common and now the Church slept in greater security then before for who durst oppose the word of the Pope and the sword of Princes for seeing fire and faggot the ax and halter were now in the hands of the chief Christians what cause of fear to the servants of Christ and what need the Kings fear if they had the Pope to their friend yet divers of them repined seeing so much of the temporall estate each day slipt away under Ecclesiasticall jurisdiction so called as that in the time of Henry the fourth of England when it was complained of in Parliament that the third part of the Land and revenue of the whole kingdome was in the Church-mens hands and it was petitioned to take some away the first publick act of the people of England against the jurisdiction and estate of the Bishop of Rome although in the case of Johns grant of the kingdome to the Pope to hold in fee of him The Lords dis-owned the power of the king to grant as having no more but a trust in the kingdome but they did not hint that his Holiness could not take and it was vain when they saw he gaped for more then he took and took more then was his due The succeeding Kings were either so given to forreign wars or troubled with the intestine divisions of the houses of York and Lancaster that now they were forced to own Parliaments yea to take the chief strength of their Title from their determinations There had been a Law made formerly to have Parliaments once a year for as the Kings of England sought to avoid those publick conventions of the most potent Lords and popular Commons for divers most evident reasons as they conceived and upon their unjust grounds truly destructive to their Royalty for there their actions were continually questioned the actors by personal command of the Kings against Law or labouring the abolishing the Laws either fined or hanged or otherwise punished and though some Parliaments went cross to others some even justifying the acts of kings against Law and their abettors this invalidates not the power of the Parliament but confirms it for by these Acts the kings after made Title so that here the Parliament got into their hands and that upon motion of the kings even the power of appointing the king and this arose from that bloody contention between those two houses But you will ask was not the Title clear yes without doubt but the Estates that is the Parliament upon the great dislike of the present Government their hearts being alienated from a dissolute and riotous Prince sought out the man among them of the Race with whom the potent men could drive the best bargains for Riches Honor and promotion and ever or mostly though the love and zeal of the Laws Liberties but especially of Religion gave the first blow to the quarrel and suited it yet interest espoused wedded owned and enjoyed it so easie are the best natures to be corrupted and depraved by outward excellencies or esteemed excellent things But it may be Quaeried what all the succession of Princes all this while did for the Church truly all they could both by themselves and Subjects multitudes of Churches Monasteries Fryeries Nunneries Abbies Chappels all planted in the most pleasant delicious places of the Nation admirable and costly structures richly furnished largely endowed both with lands and yearly profits of Tythes onely to send a brother to preach and now the common maintenance of the Church or Church-men ceased and was made proper and after was drawn into that civil order which we now call a Parish being a limitation of the bounds of the Church for care of souls and maintenance and though indeed there was so great a sufficiency yet even then many of the Clergy were in want it may be the Pope thought it fit some of Christs Servants should be like their Master I mean of that so called and justly at first the Fryers of Saint Francis Order according to their stile commonly called the Begging Fryers for so they did upon conscience of the Rule of our Saviour Go forth into all the world take no care for any thing one coat no money not a staffe no nor sandalls these went bare-foot preached diligently expecting onely what God moved peoples hearts to bestow upon them for they beleeved that God that said The labourer is worthy of his hire would not suffer them while they laboured to want That Rome testified against Rome admitting truth for truth though living in Errour yea many of these preached against the Errours I say not of the Church but of the Court of Rome wisely as it was beleeved covering their mothers nakedness with the Fig-leaves of their temporal acquests but all were not so politick some spake plainly against the Bishop of Rome in all Ages and preached Rome Babylon and the Pope Antichrist and it might well be for Rome come to the height of outward greatness so that the Mahumetans who look for an earthly Paradise excelling and abounding in all carnall delicacies could not have desired more it fell into the sink of enormity all debauchery riotousness and prophaneness and exalted it self not onely against God kicking with the heel now she was fat but above God under the power of the Keyes for she dispensed with the very Commandments of the Almighty giving licence not onely to unlawful but even to incestuous marriages which hath filled Christendom so called with all those horrible and direful effects of wrath upon all Nations which now of late years have fallen out especially upon the Kings Princes and great men the great Merchants whose lusts would admit no denyal and so traded with this spirituall harlot for some of her trash and paint to give a colour to all their incests murders perjuries lyes adulteries rapines thefts extortions and such like and let all the families of Europe look to themselves they boast to be descended of Kings ally'd to all the great Princes of Europe but have they not therewith an allyance to the judgement which will it is probable follow these sins till the blot be utterly worn out and let them look to it they hold not but by this beast and will be destroyed with her mistake not I say not all Kings or kingly power or Rule or Government but the issue of Incest and the spawn of unlawfull Lusts I must now return to the
remedy against an evil present and emergent by act it is the knaves work to converse with a quick brained little conscienced Lawyer and crafty Attorney to find a loose from the Law which is too oft allowed and the Judge excuses himself by the letter of the Law Therefore I shall now generally declare that the whole frame and foundation of Englands Government was loosed rotten and vanished which I thus manifest Look at the Lands and its evident that had Noy lived or but the Parliament been deferred the most considerable part of the Kingdom had been Forrest upon the claiming of which what quick work was made in some places few but know that which had not been Forrest to the King would all have been secured to him by Office as holding in Chief or forfeiture otherwayes either upon the chief Lords or some inferiours want of Service And as the King had dealt with his great men so would they with their Tenants whether Knights or Soccagers but especially the Copy-holders should have suffered without remedy for it was grown to this that as no Jury durst find against the King if a strong contest were that is if it were a matter worth the striving for and supposed to be or might be a flowre of the Crown so neither durst any find against the Lord nor indeed well could they tell how to do right either to the Lord or between the particular Tenants for the Copies were generally brought to this course only to name so many c. of the Tenants R. or B. c. the Rent they denyed to set down so that the Bailiff cheated the Tenant but especially the honest or ignorant one at his pleasure and exercised more power rather Tyranny then a Prince for the Fines they generally drew them to the meer Will of the Lord and in that were absolutely illegall and although it was pretended the Chancery was the moderator that was but to help the Lord for not one man of a thousand would contest if rich seldom but he was a Lord for every Peasant was now become the purchaser of a Mannor if poor the controversie ruined him Now let us a little here look at the nature of Copyholds Which I conceive came in thus at the Norman Conquest upon the setling of his Commonwealth as he had laid his frame that is that all held of the Crown mediatly or immediatly that is they by greater services as Dukes Earls c. and the inferiour Lords of them so all these Lords had their inferiors under them that as they served the King in his Wars to preserve the publique so these might serve the necessities of the ptivate Families as Soccagers to plow sow and cut down c. and Villains to carry muck and do all drudgery or meaner work and were both but a kind of servants the one yet more free as having his Land only paying his Rent Corn c. the other absolutely bound over whom he had at first power of life and goods and all both yet of which as the Nation grew civilized and religious got more liberty and priviledge so that they became absolutely free and their present conditions are so diverse from past though the names remain that a man will hardly believe such things were Yet from these divers harsh villanous Customes and usages are still continued all or any and every of which are unreasonable and unwarrantable for the villain or bondman his Land was his Lords as was himself his wife and children After it was given him under a Service but he could not give nor grant then Services were turned into Rents yet he had no power to dispose all was in the Lord after the policy of the Kingdom being depraved and these villains being grown too numerous taking advantage of civill dissention among the Masters the Servants gained the priviledge of inheritance but not to pass it by free Deeds or grant or sell but to descend at last they came to sell and usage only regulated all this and then were used as free Lands all but the way of passing it which matter of form is most highly penall even to forfeiture and indeed these forfeitures are the sole end of most Lords Now these evils of forfeitures and the like though for small causes are grown exceeding penall mostly from the difficulties and delays of Law but enough from the rigorous unjust and cruel principles of the so called Lords of Mannors which now each greedy griping rich man is purchaser of and the value according to usage set accordingly Now these evils arise thus First all the Jury who enquire of the forfeiture are the Lords Tenants and those that are pannelled are not able or rich or commonly of any great reach and the Steward most commonly an Attorney he is the meer pentioner of the so called Lord and his improvement of his fortune is to improve his Lords Rents or estate and that is by searching out old antiquated Evidences for original Agreements Compositions or the first or primitive Custome and then pinch a poor weak Tenant upon that Custome and he submitting another and so on till all or the most be buxome and who is able to withstand If it be quaeried why some rich man opposes not it is answered few rich men but are either Countrimen and then either are or expect to be Lords if Citizens their gaines are great and are not desirous to spend their estates to inrich Lawyers and thus Lords and Clowns got into things called still Mannors broken divided and shattered no way retaining their original constitution through the baseness of Kings Judges and Officers and the interest of Parliament men few of them whose cause it is not the subject especially the poor is kept in a base unworthy vassalage under the constitution of the Norman Conquest and free men engaged by the tenure of lands and by prevailing and unregarded Custome to a slavery which was abhorred in the King yet usurped by fellow subjects upon each other and that with Prerogatives higher then in any the Princes Courts for the common priviledges of extraction and profession are no way pleadable against their Fines and Amerciaments so that I have known a professing Esquire take of a Christian a Knight and Barronet his neighbour fourty shillings for Amerciaments for not attending at his Court which was paid by him onely with this protest by his Steward that that fourty shillings should get his Master twenty pound per annum and where they may call a Court as oft as they list and too often as some widdows so called Ladys of Mannors holding it but for Life do it must be as burdensome as unjust Besides there is nothing certain in any Court either for the Ground or the Rent or the Fine or the Custome but the legal pated Steward can to wreack his spleen finde a flaw in and laying his land onely by so much in such a place if any ground be wood or rich that is the Lords
or Rational except God in Scripture giveth a liberty to things simply unlawful which who dare aver of obeying c either by doing or suffering be extended to whole communities but to particulars as aforesaid because that Nature in the purity of it intends universal good and if the whole body of the Nation agree in it it seems to be very evident but in a knowing Nation if the most knowing it seems most reasonable but in a wise Nation if the wisdom be corrupted through licentiousness as to Gods glory it oft falls out if the prudent of the Nation not carried away with these corruptions agree it and impowred though not the greater number it is lawful but they cast themselves on Providence to support them An other thing in this must be cleared that is to satisfie interest viz. what is the power To which the Answer is at hand in a double consideration To clear the Cause You must consider that as persons so Powers also may be unjust Now to the first It is clear that Obedience is due to the power That is if an Usurrer gets tht Kingdom while the true King cannot yield protection you are to give obedience and if the Usurper requires an Oath of fidelity onely you are to yield to it that is lawfully may but if he requires you to assert the lawfulness of his Title it is unjust to ask and for you to take and seems onely a picking of a quarrel to banish or confiscate or c. which he may do by his power But you will say what if the right King cometh again I say in such a case you in your place ought to seek the welfare of the Usurper if behaving himself justly and so not condemned by the community for I give no loose to particular conscience to judge of publick good or evil if a Souldier by fighting for him and so all in Trusts Then surely the Minister ought not to preach against him though not for him no not to hint such matters And if he that thinks the Prince driven away hath Right comes under the Sword of that Prince his oath of fidelity is not extinct but suspended until the right King hath totally ousted the Usurper that Prince may put an oath of opposition to the Tyrant upon him but it seems not just Now the reason of this is because God hath only appointed the Office not the person and power and convention are the means usuall of acquiring and God hath been seen in both and man not to be wrecked or racked in his conscience must submit when God hath determined Some men think the Prince is to be slain and his posterity rooted all out but these men plow with the Devils Heifer from this opinion have horrible cruelties murthers devastations and inhumanities more then barbarous proceeded and that among Christians to secure their unjust and also just acquests No it is far safer to determine his rejection by such a total expulsion and make obedience so far universal not so meerly local after oath once taken but he that thinks otherwise and burthens his conscience with it ought to abide by that particular witness in doing what he can for the particular right he is engaged unto until he either sees him resetled and receives the recompence of his voluntary I call it only so faithfulness or perisheth under the wrath of his Adversary or being better informed reconciles himself and submits to the power now this is far more due in doubtful cases or where two powers both lawful contest or where a lawful power is of many persons and part of them enter contest and sub due the other This as I take it is sufficiently cleared I shall now proceed to clear other things Whether Common Good may be enforced against particular Priviledge IT hath been shewed that universal good of mankind is the first matter eyed in the rule of excellent REason so called Law next that of Nations and in Nations under the prudential settlements of their own the Rule is Good is more or less good as it more or less respects or reflects upon the publique interest and Common Concernments Therefore though the Spirit witnesseth that it was done by Prophesie yet the reason of the high Priest went no further then Common Safety urging that it was better put the Lord Christ to death then the Romanes should come and take away the City and Nation so the wise woman of Abel in the case of Sheba Now this is plain that the life of a particular Citizen is not to be valued with the safety of a City c. But put case that a Prince requires unjust things or denounces wars may the subjected Kingdom City State c. stand out or if he requires the life of a particular Citizen it may be him in whom the safety of the place rests yea if it be the King of Right as Jehu demanding Ahabs son it was before Crowned though in a Kingdom successively established I say it is meet in this case in prudence to consult second causes throughly they seem to do so Two Kings say they stood not before him how then shall we And in case of extremity they may deliver a just man but not slay him as they did Ahabs 70. sons that was wholly unwarrantable life is the most precious Now to them that object they must stand out as long as they can we say so to but we may say prudence may avoid evidently soreseen dangers yea with the danger of some just men to save many just men and seemingly unjust For this case also the estates of particular men may be digged up high wayes made through them Bulwarks Forts c. reared whereby property seems annulled yet is only suspended but though the Law with us agrees this generally yet our so called Municipal Law seems to deny it in several cases First though it seem to agree the Law as to Lands yet it denyes it to so called personal estate For suppose invasion as for example the Scots having now many Emissaries laboring in Pulpit and Press especially a subversion of our new Commonwealth invade England the Governor of a Town may order erecting Forts and for pulling down some houses in the Suburbs c. But for enforcing Moneys from him they know have abundance and yet know no other means of supply the Governor cannot do it but by Parliament he must be authorized But the reason is not thorow paced for if Lands being the real estate hath the preferment why should the personal be better guarded therefore to seek Cases for the reason is fruitless Truth is that the difference is not as the one is personal and the other Real estate but as the one is more properly the sinews of war then the other and more subiect to be irrecoverably lost and being private destroyes in search the Law of property Therefore we shall not state the case as the meer Lawyer doth of forcing away money but of imposing
English-Law OR A Summary Survey of the Houshold of God on Earth And that both before and under the Law And that both of Moses and the Lord Jesus Historically opening the Purity and Apostacy of Believers in the Successions of Ages to this present Together with an Essay of Christian Government Under the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace Emmanuel Isaiah 1. 24 25 26 27 28. Ah I will ease me of my enemies and avenge me of mine Adversaries I will turn my hand upon thee and purge thy dross and take away thy Tinne And I will restore thy Judges as at the first and thy Councellors as at the beginning afterwards thou shalt be called the City of Righteousness the faithful City Zion shall be redeemed with Judgement they that return of her with Righteousness The destruction of the Transgressors and of the sinners shall be together and they that forsake the Lord shall be consumed Isai 2. 3. and 5. Come ye let us go up to the Mountain of the Lord c. and 5. Come let us walk in the light of the Lord. Only by faith â— G. sculp London Printed by Robert White for T. G. and Francis Tyton and are to be sold at the Three Daggers neer the Inner-Temple-Gate 1651. To the Family of God over the whole Earth but more especially to them of the Houshold of Faith in the Commonwealth of England ALL who hold the Christian Faith do beleeve that as the world had a beginning and was a created substance so it shall perish and come to an end or be changed we seem not only to be on the last foot of time in this our Generation but having stood 1650. years upon it we have many thoughts of heart-longings for the glorious appearing of the Son of God Many expect him visibly to raign here on Earth in person and that he shall be glorified even where he was crucified Others look for a Kingdome of Righteousness a wonderful light of Truth to be manifested glorious out-breaking glympses and appearances of the infinite wisdom the brightness and evidence of which shall scatter all those clouds and dispell all those Exhalations which have mis-led us in the walkings of Christianity the false Prophets Clouds without rain and Fires without heat which have appeared amongst us A people in this Nation hath had as great testimonies of this as any people extant on the Earth The Power of the Almighty hath visibly appeared here these many years scattering of Truths and revealing hard sayings and giving to understand things that were hid for many Generations though according to the wisdom of the Father he hath dispensed divers gifts and that there is much of controversie among us yet if all be really for Christ and the increase of his Kingdom what matters it Let but all this move and incourage each in his place faithfully to labour in the Vineyard of the Lord. The Master is expected how he will come le ts not wrangle about nor with whom Let 's all high and low as we profess to expect his coming so prepare for it Assuredly he will then come to us in his glory or take us to his glory Therefore all you that in sincerity profess Christianity rowze up your selves listen to the call of the Lord He hath call'd afar off in Germany he hath call'd at home both here and in England and Scotland hear his voyce prepare to meet the Lord your glory Hitherto Christians have been the shame of Christianity and Gospellers the scandal of the Gospel There was a fatall and general Apostacy faln upon her who called her self the Spouse of Christ she as Aholah Aholibah played the Harlot and though she here with us in England promised to return yet she kept her Darlings still if she parted with the Assyrian Adulterer she kept the Syrian God will have no mixture with Idols England hath long desired a thorow Reformation Let no man boggle at the work if another desires more then as some of you did 20. or 30. years since why may not God have revealed this to him and closed thine eyes now as well as he revealed his will formerly to thee and shut the eyes of others Heretofore God put mean men only upon the work here and there one now he hath put many and great men upon the work and what ever spurs they have yet Christian if they drive on Gods design lay thy hand on thy mouth and only admire how God brings things to pass what he intends Some men are so rational they can see nothing of providence reason devours Religion and they are afraid lest they should happily find or be found of God in a way they expected not they wholly trust to reason and will see and feel or they will not beleeve Others are meerly sensual and in the muddiness of their temper follow sense only because reason is so various as many opinions as men even in things not above us This is the main basis of Atheisme shun this Scylla and that Charybdis and understand All Gods wayes are not only prudential but providential and God assuredly speaks both ways He that improves providence to Lust Error and Transgression against the evident revealed will of God is like him that because he hears of Election sins at liberty which is a mark of Rejection He that in doubtful things in streights for God his glory his Truth and Laws the purity of Righteousness in simplicity eyes God with constant and fervent prayers walking humbly and watchfully over himself and all that partake with him spying what leads and misleads and searching all interests casts all away all but that of the Lord and his Righteousness Surely he is like him that hearing of Election and not knowing who it is yet beleeving not only the truth of it but blessings appertaining to it saith I will seek if happily I may find I will knock because of the promise and such are assured to enter life eternal Now all you that have in your eye the expectation of the glorious appearance of the Lord Christ in your several stations Parliament Princes and Nobles Army Judges Officers Magistrates Rich men Citizens high and low Rich and poor one with another despise not my weakness inability unworthiness eye not my life past or present but look to what I say and as you find it bearing the mark and character of fervent truth accept it if you doubt labor satisfaction privately if you spy an error rebuke or inform me with Christian wisdom and sobriety my zeal for Gods cause not self-confidence hath put me forth to the work and I shall willingly learn and bless-God that makes me know his will yea though by my failings so it may work to the encrease of his glory and propagation of truth Amen So be it And first give me leave to speak a word to you that have at present the Supremacy of Power
by so many daily fears as the power of the Roman and the Tyrany of their strange King put upon them and the Scripture notes of divers to whom God had imparted a true understanding of the light of prophesy who kept continually in the Temple and served God day and night with fasting and prayers looking for or expecting his coming and no doubt they had disciples abroad who being instructed by them had their hearts prepared to believe him though no outward form beauty or comliness as others thought appeared in him So that their expectation was general but each one after the rate of light and knowledge true or false which was impared to him or he had received under his Rabby who read the Law to him who were of several opinions not altogether dead yet as Pharises Sadduces Essenes and these again subdivided according to the merit or acceptation of the Rabbies or Doctors of the Law The Temple was in respect of the legal strictness polluted the whole law by these interpretations instead of Gods rule become mans Fancy or at best his precept for all was now grown into the vast Ocean of subtilty of conceit and that Rabby was most venerable who could flye the highest pitch in sublime conceits so that the pure Law was made a puddled fountain and the spiritual heavenly meaning was lost in carnal voluptuousness and self-endedness there was great learning never more but never to less purpose much praying and fasting Ashes and Sack-cloth yea and besmearing their faces to suborn humility but all to hypocrisie and yet sure if in Esays time they Justified themselves against God as impotent that he could not see their fasting nor humiliation and soul affliction nor hear their prayers nor answer them by deliverance as in the fifty eighth of Isaiah then much more now when greater mercies were expected and longer time had revealed more light but they did all for pretence this and almes and all to be seen of men to devour widdows houses and enrich themselves though the whole State were beggered eager and strongly contending for priviledges but still to better themselves though greater losses to the publike accrued condemning their fathers and surely the ten Tribes their brethren who were before carried captives by the Assyrian and placed beyond the great River and justifying themselves as holy in that they built the Sepulchers of those Prophets whom their fathers had slain And by this expecting the Messiah and by him deliverance and this was the state of the Jew at the birth of our blessed Saviour born of Mary at Bethlem of the Tribe of Judah of the stock of David yet as not owning inheritance in the world brought forth in an Inn his Cradle a Cribb his consorts the Ox and the Ass the room being no better then the stable yet where God stirred up the hearts there was he worshipped by Kings if not by wise or learned men of great esteem sought to be slain flyes into a strange land and then is brought by his father to a mean village where he submitted himself to all the laws which his servant Moses had delivered not only in the circumcision of his flesh but in fulfilling the whole law and that not only private and domestick in his obedience to his reputed father and his mother Mary So that he was called not only the son of the Carpenter but the Carpenter untill such time as he was called out to his Fathers work which was first at twelve years of age to the astonishment as confusion of the Doctors which was Gods Act of preparation to those Rabbies had they not had eyes that they might not see and ears that they might not hear because the Lord would condemn them but also in the publique administration of the Jewish law appearing by his going up there to the Passover and that not only to his God as man but to his Prince yea though a heathen a stranger giving his tribute to Caesar he had also a fore-runner John the Baptist in whom I must observe that he preached a new doctrine viz. Baptism yet even the rulers went out to him and though he in his preachings shewed the error of the then sort of teachers he was not meddled withall nor opposed much less imprisoned But now when Christs time was come to preach I pray let us mark his behaviour first he goes to John and is of him baptised and then recieving a testimony from heaven to prepare the people to recieve his doctrine he then is carried into the wilderness to be prepared himself by temptation whereto his manhood in it self was subject but by the Godhead sustained and this finished whereby he was approved he now sets upon his work for which he came and as a Doctor of the law he preaches or declares the minde of his Father John he begins in a strange place the wilderness and he cries Prepare the waies of the Lord make his paths straight the Lord Jesus he follows and in the land of Zabulon in the City Capernaum the obdurate people had need of redouble blows he preaches and sayes Amend your lives for the kingdom of God is at hand and then he chooses or calls to help him in this great work of reforming sinners and that of the greatest sort poor fishermen surely as rude and ignorant as the rest in ordinary and these he makes his partners in the work and now instead of expounding Moses law according to the order of the Scribes and Pharises in the Synagogues of the Jews places of publike meetings for that end but alwaies intended for the service of the most high and true God by the Jew he preaches the Gospel of the Messiah and withall healed their bodies no doubt to intimate that what he preached of the blindness of their mindes was not only true but that he would and could heal these also he being for that end come into the world and now his fame of miracles and salvation to the body being spread abroad he hath great renown and glory for such benefits are quickly resented and now this preparation made mistake me not that I think Christ or his doctrine had need of any outward help in respect of his power who could of stones raise up children unto Abraham but in regard of his will it being so by the Almighty wisdom pre-decreed that all things in ordinary course should be so carried that no man should without his Spirit see that good or evill was to man but by means though the wise man saw the contrary he divulges his Gospel full of inward rayes of divine wisdome and magnificence but averse to the then recieved doctrine the interest of the then prevalent party or factions the Pharises and Sadduces who had the trick of this age to count all gain sweet and were not by words to aggrandize that sin which was high enough in it self no better then hypocrites even the best and strictest of them for so our saviour
divine they begin the question with the power of Calling confirming presiding in and adnulling Councels and ended in dethroning Emperors They who undertook the contest were wise and able and though they opposed a powerful yet it was a devout Emperor and shaken with homebred and intestine afflictions frequent in the decaying estate of the Empire this was heightened by what was then called zeal for Gods Altar after that branded for spiritual pride and accounted the highest step to Antichristian error opening the way to what ever followed with ease placing an especial sanctity in ordination from the Deacon to the Patriarch and so to the Pope gradually and in him not onely to primacy but supremacy so that what was before evidenced by faith and holy conversation was now solely attributed to imposition of hands this was a holy unction an indelible Character marking who were Christs God left not himself without witnesses against these growing errors in the several Ages wherein they were propounded to the world which gave some stop but one error ushering in another strengthened themselves so that at the last they shut truth out of doors But to speak of the particular errors upon the Quaeries arising among Christians First concerning the written Word of God and word in general of the written Word how we are to finde out the sense and know which is the true letter whither it may be translated and whether a fit Judge of controversie Secondly if not who concerning traditions and the way of knowing them which are Apostolical Thirdly the properties office and marks of the true Church And so Fourthly of the ground of faith upon all which with many more necessary and useful matters the whole frame of unnecessary superstitions vain sinful nay damnable doctrines arising in future time was founded I cannot at present at least intend any discussion nor may it take so well with the generality of men to have one whose study and profession was the Law though a Christian which general profession I esteem a full liberty to Quaery any so called Ecclesiastick or Church controversie but that indeed being not the main of my intention I shall apply my self to what is the scope of my undertaking in that way The God of heaven whose aid I implore shall direct my spirit The Bishops of Rome now labour an addition of believers in all Countries and not onely France and Almaine but even the remotest Ilands of Britain receive the truth the Church was to be universal there was a word of truth for it But as the Emperors and Princes of the world had by several experiences found out the best and quaintest waies of stretching their subjects purse-strings without cracking to be the gains and in-comes of sutes and controversies which being the vents either of malice in prosecution or victory in the issue and the party overthrown though miserably complaining were alwaies remediless generally unpittied for it was done by Law the rule of Justice The Bishops of Rome now begin generally to challenge to themselves not only for the honor but for the necessity of order special government by way of judicatories at first only of matters arising within the precincts of his government as Bishop of Rome but after it extended by way of supremacy the great injustice of all Princes giving colour thereto to pluck away causes from the remotest parts of the world after the Bishops had settled their powers and by them courts in any kingdom realm or nation And from particular controversie between person and person Bishop and Bishop he at last became the umpire of the controversies of Kings and by vertue of the necessity of a final appeal he gave away kingdomes as he pleased as the annals not only of Germany but of France and England do specially commemorate and now the name of universal Bishop would not suffice nor these large temporalities bestowed upon them by Princes but they seise the Cities of Romandiola Ferrara and Bononia and much more in the vacancy of the Empire nay the little Horn would not rest so contented but the Emperors oppose the Popes now produce the grounds of their actings partly from reason partly from Scripture yet both agreeing in the substance the necessity of an umpire in the Christian Churches that this absolution must rest in the Church whereof Christ was the head Peter his Vicar and the Pope his that all the kingdomes of the world were now the Lords and his Christs that he gave them to whom he would that this his Vicar was the most fit person yea the only fit if not designed for he was the common father of souls had the care of the Churches good upon him that not only all were alike to him but he bound alike to all the obligation too the Church only excepted This wrought conscientiously in many but actively in most though suspected of self-seeking in some covetize and avarice being the common error of great enjoyers especially in high and ambitious spirits whereby the Pope was not without his Champions against all opposers and as most pretenders do they did some justice extraordinary at first but when the notion of infallibility was accepted who could oppose now the Church was in its ruff and now the whole world turned religious and all Nations especially in Europe were become so great admirers of Christian profession that they erected Monasteries Frieries Nunneries and men and women were engaged on all sides all worldly obligements neglected for the service of their Saviour husbands forsaking wives and wives husbands Children and Servants leave Parents and Masters nothing so secret which confession could not unlock there was ease and plenty so that the Popes chair having so many feet it was in no great fear of falling but least the people should discern this the foundation of all is laid upon the indubitable word so called of God of which they are the sole Expositors and this by way of anology or similitude betwixt the old and new law Therefore they hold forth that as among the Priests one was cheif under the law so also under the Gospel and as the Priests so their lips must preserve knowledge as there was a bloody so here was an unbloody sacrifice and as there was a Temple so here another Church inferior Churches as the Synagogues the times of sacrifice are called Canonical hours and all the officers and offices of the Jewish frame are now brought into the Church and though acknowledged ceremonial in themselves and so passed away yet the mystery of them opened and the end relating to the service of God and his Christ now as before to God under his name Jehovah was allowed as necessary for his better service and as the glory of the second Temple was to exceed the glory of the first so the maintenance of the ministers of Christ and the outward lustre of service was to exceed it but that they might fulfill the measure of iniquity they bring in the use of
of the day in the wisdom and power of mans strength did the Lord give such a signall Victory as being wisely followed and improved the Kings party were never able to make head again but their severall parties in the severall Counties were partly by the Scot keeping them on work by diversions The English Generall neither Winter nor Summer gave any stop till England had but two Armies the mercinary so called of Scots and the other of English And the King Oxford now only left unto him was enforced to try his then last shift namely to betake himself to the Scot having a strong Army before Newark thereby to engage a quarrel as is more then evident to all by whom he is presently upon the surrender of the place carried back to New-Castle and they wisely finding the difficulties attending them in case they should carry him personally into Scotland upon a Treaty deliver him up to the English and what was altogether unexpected return into their own Land what engagements to a return I know not And now the Presbyterian party so called fly high indeed and urge execution to the highest of the settlement of their own Interest having no other publick enemy bandy against their brethren in the Lords War the generality of the English was for them the so called Independents being esteemed by the many as the Christians of old actors of all impurities and their fry of Confederates the Sectaries but as so many legions of Divels sent into the world to give a stop to the erection of the glorious Kingdom of the Lord Christ Jesus and sure some in their zeal would have thought they had done God good service to have killed them I can in my private thoughts compare their condition to none better then that of the Israelites when they had the Sea before them and an Army behind them and were in the wilderness I know the passion of many a soul when after all their travails for Liberty from the yoak so called of the Bishops Tyranny they found themselves ground to powder under the Milstone of the Presbyters Rigidity and all this for conscience sake for the Presbyter began according to the old Rule with Church work and that was and ever will be long work especially where men take it upon them without the Lord the builder builds in vain From this the Commonwealth being still as over-burthened as before the distastes were great against the present Governors still as before the galled back seeks ease let the plaister cover or saddle be not only gilt but gold This opens a way to the oppressed for the righteous and just ends of the undertaking of this war being held forth that the ends of the Covenant as looking at Gods glory the peoples good and the just Rights of the King were not ever intended to be denyed but the pretended ends namely thereby to ensnare the consciences of men by self-ended glosses or the banishing their persons and confiscation of their goods not for neglect of civil obedience but not conforming to the opinion of others when as yet it was professed that grace was the free gift of God that the rules of prudence or earnall policy had no ground in Gods Word if prudence only might rule why not the Popes and Bishops as well as the Presbyters and to enforce conscience with the Sword of the Scot was as evil as the Mace of a German These and the like matters dispersed abroad and especially in the Army some Regiments rowze and head and notwithstanding all possible endeavors of the Parliament both at London and in the Counties the whole Army is fixed and both with life and Armes meet at the Rendezvouz and engage to prosecute the just ends of Liberty or to obtain the just Liberty of the people and hereabout the name of Levellers first arose part of the Army actually seize the Kings person at Holmby and now the active Grandees of the ruling party so called Presbyterian are accused of high Treason The King is under the custody of the Army and all means endeavoured I beleeve to make him instrumentall to the ends propounded to themselves how far their Treaty proceeded or what obligations were on either side were and are to me private I can take them to be but politick Transactions with respects to their mutuall respective or particular Interests and no further carried on but that either party had their safeguard their way and place of retreat But to proceed there was much spoken now of the Scots return and many agitations a great body was enforced to attend the King And he of a politique head was much catching and drawing and it is likely that his great knowledge where he met with true conscience not equally gifted he must prevail for prevention of which and other evils he I beleeve by stratagem and over-reach was brought to carry himself into the Isle of Wight where five hundred could do more then ten thousand otherwhere but see this brings greater preplexities for many now wearied with war and its effects of all sorts or so pretending taking advantage of the Armies opposing of disbanding cry out there can be no peace while there is an Army and though it is truth they were not a meer mercinary Army but raised by Parliament under the notion of engagement as free men for their own just Rights Yet it was plain their Interest was now grown wholly into the Army and that experience shewed there could be no just settlement while the Sword was unsheathed That they intended nothing but to take away property and introduce confusion and were Levellers haters of all Justice so that now the Souldier was enforced to stand upon his own guard London was opposite her Trade was decayed her Assessments great and all places filled with complaints The weaker party in Parliament being sedulous and crying up the Common good got not only many hearts but had enwoven many strong dependants into principal places of Trust and Office both at Sea and Land so that all that the mighty men could do was only to plot but they could not bring to effect The Army was before much admired for complying with the King and who so high against them as the Presbyter O they treated indeed it was the success however carried they maligned sure I am they opposed not the thing for they acted higher in it then ever did the other but to prepare for the work about the eleventh of June 1647. The London Apprentices so called made the foulest breach unto the Liberty of England that ever was forcing away the Speaker and all partaking with the Interest of the Army and the residue of the Members to testifie their contrivance of the fact choose a new Speaker and declare them at Windsor the head-Quarters of the Army whither the Speaker and divers Parliament men were fled or retired a meer Juncto as the Parliament of Westminster and the Assembly at Oxford had before mutually declared
they do and go unpunished be assured the Magistrate is in the greatest fault he is or loose or lazy or both So for maintenance in this way the Magistrate may clearly setle it and ought and that onely from a publike maintenance for otherwise his people will grow pure beasts in the form and shape of men and to these he ought to setle a maintenance competent for humane industry is capable of humane satisfaction this as Teachers but as Pastors let the additionall maintenance be as Christian duty requires Now to setle it as Tythes were the What and how and where and when and to whom well setled it cannot be unlawfull that is to give a tenth but to admit it as of duty to the Minister as to the Priest to plead customes of and for Tything as well as to deny customes of not Tything are all equally absurd if throughly scanned A maintenance and that onely is agreed due by all to them that Labour in the word and Doctrine but the whole Ministery hath with us been so Generally corrupted that not onely men have made or pretended conscience to pay any Tythes to such wolves in sheepes Cloathing but from the vanity wickedness and perversness of these men of corrupt minds have questioned whither a ministry be Here is a hard task for the Magistrate for he hath been necessitated to take that power into his hands which at first himself questioned whither it were lawfull for him or not but attempting and finding no danger present the fear is now least he should not let go his hold I presume this is clear he may and will declare if he have any Religion which he approves this is most naturall that he will establish what he consents not to who can perswade himself of it all that I can say is if he be a Christian let him with all meekness and in the evidence of truth by all Christian means labour to win all but to enforce none but the wicked and disobedient to just and righteous Lawes The want of which is the great disgust of all good men but I shall not enlarge here of that The Churches power then consisting principally if not wholly in things plain and evident it is most certain that the Magistrates Power in ordinary ought not to stretch so high much less exceed that is to help where that with humane thoughts seems to come short as the Church hath hitherto held Now in this I shall speak one word to the great and weighty consideration of the Supremacy of power and whither and how there be or may be Two Supreams which will a little clear up the way for amity amongst so called Christians of all opinions First we must consider the rise of the controversie is from the word of God in all the new Testament wherein all words of saving knowledge are directed soly wholy and onely to the Elect Saints at least by calling and profession which in their season some think nay beleeve shall govern the world and at these as called out of the way of the world to a more holy and spirituall serving of him Now some suppose this was to be done onely in a Church way which both Papist Greek Church and Protestants of all sides agree that is that the Magistrate Ruling among Christians in ordinary ought to be a Christian Now saith the Church of Rome and all as a Christian he must be a member of some visible Church if so he must be subordinate to the Pope and a generall Councell saith the Pope to a generall Councell and Fathers of the Church lay the Biblers of old To a generall Councell and the Kirke say both the Lutheran and Calvinistical Divines All which place the Power of the Church Authoritatively in the Officers or Officer Supream Now those of the Congregational way of all sorts distinguish as the rest do First in that the Supream Magistrates are men and so members of Churches they are Subject to the Discipline of the respective Congregations and Churches but as Magistrates they are distinct Officers in the world for the good of all men and the peaceable and quiet Governing of those committed by God to their charge Now as a member he is inferior to the whole And as a man he is Subject to Ordinances But as a Prince he is not Subject to the Church for as the Prince cannot as Prince perform the Offices of a Pastor So neither can the Pastor Officers of one or more Churches intermeddle with the ruling power of the Prince as a Pastor or Church Officers in any of their opinions Now for Supremacy they who are Christian Princes and Pastors will not strive for the Supremacy of Power but keep their fixt places All Saints are now the Kings Priests and Prophets of the most High God But more especially the chief Magistrate in Ruling represents the Kingly Office of the Lord Christ and the Pastors and teachers the Priestly and Prophetical The Prince Governs the Commonwealth according to the Judiciall Law of the Almighty God the Law of pure righteousness laid forth in both the Testaments And the Pastors and Teachers and Elders Govern the Church in dispencing the Ordinances and Rules of the Gospel the Pastor principally if not only in Preaching of the Doctrinall part of Christianitie the brethren appointed to teach in opening the practicall part of Christianitie I know that some hold that all ought to come under the pure notion of Church Government and all Magistrates to Rule as Church Officers I allow it fit to be Queried but I presume it is the wickedness of our present age blinds our eyes that we see not all that all of them who pretend to sinceritie desire And I see not notwithstanding our variety of opinions but that all that have not the mark of the beast shall sit down with Abraham Isaac and Jacob in the Kingdom of Heaven By this it is plain there is in the Church of Christ the Lord Christs Substitutes in Governing the Nations by the materiall sword according to a Law of righteousness and Justice which man may comprehend And there is the Lord Christs Substitutes in holding forth to the severall Churches the Gospel of Love the one hath the sword of Justice the other that of the Spirit In the order of Government the Pastors and all the Saints must submit to the Supream Magistrate as to Christ the King As a Christian the Magistrate must submit to the Doctrine and Discipline of the Church of Christ as a member of that body whereof Christ is the head as a member a Christian subject to the Ordinances of the Gospel As a Prince ruling justly those committed to his charge It will be thought that this admitting of the Prince subject as a member will make his power subservient to the end of that particular Congregation to which he is associated And this will breed Emulation and at last division Now let this throughly be considered in the cause
experience hath proved it sufficiently a plentiful portion then settle Tythes encrease Gleabs build Monasteries c. and there is another portion Colledges and Halls I will reckon to them then Physicians and Merchants so that if you seek due Reformation you will make each one your enemie and the whole world will be against you and nothing but confusion can be ushered in by the pretended Reformation you will have Parliament City Countrey Lords Gentry Comminalty and all against you nay if you will purge throughly you must alter the whole course of all commerce For there is no Traffique according to a rule of Righteousness Let Errors as they came by degrees so by degrees be reduced pull out a crazie stone but put in a good one the contrary party objected that this was to dawb with untempered Morter not to serve God but themselves that it was to pretend to do good and do evil that this was the Error of the King and the two first Parliaments that they had upheld following providence to mount into the Carr of Government that they had dared enough then against all interests Kingly Parliamentary Countrey and City by their executing Charls and imprisoning the members Garrisoning the City Quartering in the Counties Thus were matters bandied and some parties grew so fierce as anger is alwayes a short madness that they did they knew not what which yet testified that their anger was selfish others more wisely wrote but unwisely in that they remembred not they stirred a Lyon they depended so much upon their first engagement to the Parliament that they thought they might have said any thing Let truth bear sway she alwayes carrieth a Majesty and will prevail but many tell truth some with upbraidings and revilings some with cursings and others almost all with bitterness truth is ashamed by these frailties and suffers for a weak servants sake But these men concealed their names and though some wise men did so yet their writings were such as could not justly be traduced for scandall or sedition and these men neither owned their names when their books were most acceptable nor in times most dark and dangerous but some of these others owned them sometimes otherwhile they denyed them whereby they were suspected of no great integrity others did openly own their works in times of great danger under the King and also under the Parliament yea even when they opposed them in their highest priviledges some debating one thing some another yea some against the publike transactions of the State and some for a general liberty of all opinions and printing and publishing which to be setled with safety to the State and no prejudice to the light of truth is a matter difficult but of importance not to be neglected they also urged to the men in power the hand of God upon the Nation how introduced that the same or worse evils were now upon us our Courts of all sorts having changed rather their Judges then their justice that Committees were worse rather then ordinary Courts as being made of those persons who were the supream Judges and they erring all the inferiour wheels might well move out of order And proceedings in Parliament were the same so difficult dilatory and so expensive that men were even tired in body as in spirit they did acknowledge the greatness and difficulty of the work they considered interests and yet they thought there was not that expedition or integrity requisite to so high trusts in such a season of judgement And this was evidenced by the expedition in matters of interest private so called that is to the assurance of the acquired Supremacy and raising the due assessments but not in the general settlement as was propounded this draws some men to that piece so called the Agreement of the people a thing which were the people capable of such a work might if rightly stated be of great availe but indeed to put into the hands of so vast a multitude of such divers interests and that without an assured and competent number to carry on the work which in probability they neither had nor could have had without imploying the Sword-men which in it self had totally ruined the nature of an Agreement had unravelled all the work and set us as far back as at the beginning but that the propounders of it were turned recreant to their principles some particular man might or had joyned interest with the Royall party I cannot beleeve it But I suppose really they were by that party and some others of eager spirits it may be really longing and breathing after Righteousness and setling the Kingdom of Jesus Christ I fear yet in their own strength encouraged to go on in their design which some of them politickly saw tended to divide and that was to let them raign but surely these Royal instigators were men of lost condition for what could the issue have been but renewing a more deadly and confused warr for the multitude being by this Act publikely appealed to and that by the sole existent power Civill they must have assumed the absolute supremacy into the meer vulgar Ocean and sooner can you set bounds to the Ocean then their appetites This foreseen this piece was after long debate with much wisdom for the present cast into the number of Petitions Remonstrances c. of Parliament to be by their mature advisements qualified fit for propagating common interest in due time but this obstruction imbittered the more and made some spirits under concealed or not owned names to set abroach the failings errors and miscarriages of all the Members in Parliament or else scandalize them and pinching still the ablest and activest they hoped to foyl so that some soyle should remain though most would not gain credit Far be it from me pretending integrity to assert what I know not but I must hope the Charges against some men if not the most are meerly suggestions of envy to eminent vertue for I see great things done by them and their words are sweet as honey Truth is I am not so blind neither but I can see and hear that favour and friendship is the Mistress with the State as it was at Court and oppression and covetize is not banished Englands Commonweale but I must say that retorted is as true namely that it is incident to men neglected to complain and so to men oppressed I would allow an equall and speedy tryall according to my rule even to my deadliest manly enemy the want of this hath much exasperated many and gained none cordially Now in all this enarration you say what coherence is there 'twixt Christ and his Doctrine his professors and their conversation had we not better have sate still How many thousands nay ten thousands hath this Warr cost as in the Kingdomes account is evident But I cannot agree the Doctrine it was necessary to purge it is evident there was need and great need of Reformation let not the particular errors
of Reformers cause us to fall out with duty But while they fail let us as we should seek the Lord with double diligence I know there is much objected but the matters most eyed are first of purse-concernment as the Taxes or Assessments for the Army the Excise Customs c. wherein many that are contented to pay do yet much repine at the inequality of the levy But as to them I must say I know they in Supream trust have of late done much nay almost as much as in them lies its perticular interest now obstructs the real truth is corrupt principles have such root in us that gain is above all godliness men eminent could be willing all others should have Justice so they might be favored Yet this one thing might well be yet provided for in the Act that persons of not above four pounds per annum and not able to work or having a charge of children and no personal estate to the value of ten pounds and not being Farmers but living upon that should not be charged many now paying twenty shillings per annum to the war who are fitter to receive collection and many worth four or five thousands nay ten thousand pounds personal estate not taxed at all or if at all not above one shilling or one shilling six pence for three months The next matter chiefly eyed was after the alteration of the State from a Monarchy to a Free State or Republike to consider what should now be done to make good that freedom promised and the first or one of the first matters existent as a Law was the Act for Treasons the Objections against the substance of the Act as to the matters what is Treason I for the present omit to relate but pass to the forfeiture which is to the State as to the King and this some humbly conceive not agreeable to the rule of just Freedom hear their reasons shortly They say first That it is unjust to punish the childe for the fathers offence that it is evident that this was not the original Law of England Nature or Nations but the usurpation of Princes Heathen imitated by Christians for profit sake that it is a folly to think love of the estate or of wife or children will deter where the life is not considered and that this layes the same foundation for the State to seek by the rigour of Laws to gain estates to it self as in the King so that now our condition is not bettered in our Liberties for as our Supreames may be more merciful so they may be more rigorous the settled equal Law is the Subjects best priviledge Again In the Act for Treason they say this seeking of interest is evident in the particular of Coynage of money Clipping c. which being a work private much evil may be done and no legal discovery made as late frequent practise in all places hath evidenced but to put a penalty upon the offerer of it would soon give a full stop to it and that is the best Law which effects its ends with least publike or private detriment now to forfeit the piece so clipped filed or rounded would stop the currant but to forfeit that and so much more would dry it up quickly especially if it had an easie Trial as before the next Justice or two next Constables or some certain number of the neighbourhood and the faulty money immediatly to be cut in pieces I speak not of Coyning Stamping Counterfeiting and Washing let due penalties be by Law imposed onely trial speedy and easie The next Act controverted is that of Printing the Objections against which being publikely avowed in Print though some may say more wittily then with found Christian consideration I shall here onely say thus much that as is there in part held forth it is likely to be found the best expedient to stop the current of calumnious Printing not to do things subjecting to scandal and assuredly all moderate men will assert the Magistrate against the Calumniator if to this end the Press were open provided that each man would own his work and like the old Greekish propounder of a new Law write under the peril of his life it might be an useful expedient to take off Tryflers though it might endanger many whose zeal were either too much or knowledge too little I am now come shortly to the great rubb at present which is the Engagement against which none sure but preingaged persons can as matters stand object justly for otherwise to resolve Conscience we must ravel the Successions of all powers for if the actual possession of the Supream power doth not inable to require all Political obedience then surely acquests without just Title are void if so time cannot remedy it if so it concerns all powers to justifie to each Scrupler not onely his pedegree but the justice of it from the beginning I may say of the world but it is plain the Boglers at the work are such as look for an other change It is certain Protection requires Obedience and it is as certain that they are happy in Politicks who in the Changes of Government are so disposed by the Supream Wisdom for mans alone will not avail that they exercise the extream or height of Rigidity or Mercy aright for one is ever found necessary And now I am come to the last great contest the peoples Liberties The questions are first concerning an extraordinary Commission to try sitting the odinary Courts at Westminster For the holding up the hand opening of doors both which were pressed I fear rather to make a party and oppose the present Power then out of Conscience I omit them here The next was Whether in Case of Life a man may have Councel A third Concerning the lawfulness of requiring and taking the general plea not guilty The last Whether the Iury be Iudges meerly of fact or of Law also and to these well may be added two things more namely the Queries concerning maintenance in prison And arresting by an armed power in the time of peace All which indeed are of main concernment to the Nation and people yea even as much as Lives and Liberties matters of the most pretious respect with men and justly to be inquired into wherein I shall only shortly give the general Opinions and Arguments of men wise and desiring just things but withall entreating briefly of the criminal part of our Laws prosecution which hitherto hath been purposely waved I take it that the Law of England according to the rule before said down owns a twofold way of bringing persons criminous to trial which is that of appeal of which I shall onely hint what it was being now a thing as before I said wholly disused namely it is a prosecution of the party be it for Maihem or Felony of any sort and in the name of the party appealing which suit he might by the Law compound for and release yea if it were for murder at least it was