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A97210 The Royalist reform'd or Considerations of advice, to gentlemen, divines, lawyers. Digested into three chapters. VVherein their former mistakes are examined, and their duties of obedience, unto the present authority, succinctly held forth as rationall, and necessary. / By Albertus Warren, Gent. Warren, Albertus. 1649 (1649) Wing W954; Thomason E582_4; ESTC R204579 31,154 49

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others meere Schollers would be avoyded by Gentlemen in point of consultation of the times for they are only skilled in Contemplation and the chiefe books about governments were written in old darke times when Tyrants were the only Kings and doubtlesse people had not that vivacity of understanding what it is to be envasseled unto despoticall Arbitrary powers in those dayes wherefore how is it likely that Academick men tuter'd up by such Masters as the Vniversity afforded Apes only to those books whose interest and dependancyes were linkt to the Royall Seat and who were not preferrable unlesse of a temperament ready for asserting of a Monarchicall and Episcopall governments should well direct you I see not No man alive honors Learning more then my selfe though the tennity of my capacity be such as can add no honor unto it But temper and reason must guide the opinions of Ayrie termes and Metaphysick notions otherwise how mischeivous they are when falling upon eyther a vile or towring Spirit is ordinarily discerned yet may it be lawfull to affirme that Schoole learning poysons some constitutions God is judge of my candid ambition in these Papers So far prudent I would have Gentlemen as not in indifferent things irrationally to strive against the Bent of Heavens decree least by rash and needlesse extravagancies you compell Authority unwillingly to make you get power a thing truely I hope not desired by Authority How much wiser will it be for Gentlemen to keep their heads above water in these present currents since we are in England yet thanks be to God bounded with Lawes where a well compos'd man may enjoy freedomes of conscience ayre books and recreations And although you judgements be not wholly satisfied of the lawfullnesse of somethings yet let reason teach us all that however it happen we are now in a most fair way for getting most wholesome Lawes established though with alterations of some old ones such I say as that if God will afterwards in his high discretion introduce a pristine forme of Government instead of the present existent those after Ages will blush to abrogate what so wholesome by present Law-givers have decreed Neither let the fancies of those men who too much affected either with an over-weening apprehension of their owne skill or deserts or precipitantly carried on by a secret divine power for houlding forth Gods work er'st prime instruments in those actions wherein the Parliament hath so mightely prevailed bustled somewhat this Summer but more dangerously the last before this speaking perhaps somewhat beyond themselves in some particulars yet to wise to endeavour a parity in Civill Administrations let not such I say befoole you into groundlesse hopes nor cause yet in Gent. a further abhorrence from condiscending to Superiors for of this be assured If you act as common enemies let the embers of such impolitick drifts blaze when they will that flame will beget a surer fixation and conjuncture against the common Enemy and it shall prove a meere exhalation but the matter of it will light upon your heads The main pretensions of many now mingled discontented and ignorant parties beside the old royalists are in effect these scilicet That the present Authority at Westminster hath not done such and such acts in pursuance of such premised forms and modes of actings in civill matters Qui judex est Rei judex est causae their own concessions will stiffle their own arguments which grant the parliament supreme and of power to give Lawes and definitive sentence what then if intentions in things purely morall were premised might not such reason interveen as might cause them not to alter resolutions perhaps but de mado to traverse their own tempestive and opportune votes as tempestively opportunely as prudentially as providentially causes changing and with as great reason to retract as art Their unhappinesse lies only in this that enduring so great and multiplicious cares they cannot possibly preamble every vote or art at large this may excuse them since it must be granted by common indulgence though few observe it that the reason at large of few statutes can be prefaced unlesse the preface or preamble should swell beyond the Law like the gates of Mindus wide enough for the City to run out of it The nescience or at least neglect of which knowledge hath sometimes it is probable exposed the houses Declarations to unworthy scandalls because of the seeming diametricall oppositions in severall ordinances of one indiction to another and yet these are not opposite sences nor contradictions in the adject but an alternate effluxe of discretion in emergencies of necessity requiring such refractive docision adapted both upon rationall grounds which alas is cleared unto us as lawfull in Domestick affairs where alterings of resolutions was never but as it may be circumstantiated nakedly a sin or accounted so and in truth can no more be imputed as declivitie from right reason or understood as inconstancy then when a man shall say he will ride to London such a day perfining unto himself his end in that journey when in the mean time by some intervening accident his end is atteyned and journey to London stopt Vpon this discretion of alterration all humane laws depend this is now very remarkable to my apprehension not so before but I the rather now confesse it because I think it most ingenuous so to do and heartily wish you the same light be not ashamed to make recognition of extrication from errors as to heaven and Earth I am now presupposing your discretion Gent that there may be chang of governments in Kingdoms and that there is no necessity of an identicall government come to shew you some thing in reason why I think Monarchy will cease here advising still obviously as occasion happens Before I come to that the Pragmatick Lawyer will draw me aside into admiration who the better to bolster up his Diana says that the Priviledges and Prerogatives of Kingly Government which I know is also Gods Ordinance is of indiscensible divine right truly no sound Theologist but will acknowledge other formes also so to claim but neither of them all of an indispensible necessity but the truth is they of the Book law in this state have borrowed many shifts out of the Civill Law to make good their assertions used most what in times of absolute regall unlimmitted power and insensibly put upon us by cowing out the peoples spirits no lesse by Pontificiall then Monarchicall usurpations To the Lawyer we intend to speak apart But that it is now verie probable Government by a King wil cease in this Kingdome upon serious consideration of matters and things no temperate man will deny I am none of those who build their confidence of it's ruine upon pretended prophesies neither upon judiciall Astrology but by the Star of humane reason and by comparison of past and present transactions neer guesses are often made yet I suppose letting passe remote causes it will be worth while
grassabat Sericatus Volseos mille dabo crudelis Polidorus Tantum in Cardinalis vitium sonorus Praelati nomen prae Regali positio Ego Rex meus Lege comparatus sibi vix vertetur vitio Confidunt nostri quatenus Spurcitijs tentare Duris formalitatibus Christum concatenare Seeurt nunquam Sancti pia fraude satis Sacerdotibus usa Frock-butroniatis Quid queso none Rumor divino jure niti Ecclesiae nullum Regimen det medecinam liti Evincat saltem minime Sacerdotes decere Altercationes strenuas in statu commovere Compede sed faederis Albanici ligantur Haud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 conscientijs mandantur Sit modo praecox votum modo fides rescindenda Temere suscepta ac Pelinodia conciuenda Quis inde regno hactenus extitit necon ior Pateat Presbyter vel Episcopus confidentior Conscientias ligari hi quoque dicunt vitium Independentes obtrectantes nec non et Comitium Atqui ut Catholice zelus hic inclaruit Ad votum salubre Parliamenti subito disparuit Hinc misere confrendunt nescientes praedicare Vetantur quia Plebem titillitio dementare Presbiteriali ac Species regnandi Rostro definire sub Poena Sequestrandi Latratus partim lividus confraenatur protinus Recessus pertinacia coactus et serotinus Accessit terror Panicus horum livor flaccescit Sedantur multo Malignantes Reformatio crescit Recente pergant Ephori incude collimare Ebullientes Cleri linguas si vellent Regnum stare If there be any biting truthes in this Poetry or Latin Rithms Ministers must take in good part if good they be for it doth not touch them As for the spiritually proud Minister that white Devil of our age and disturber of our quiet It matters not three pence how he understandeth them If the Vanity of Preachers have not discompos'd this Kingdome much of late and ruined others heretofore let all men judge But the piety of some humble Church-men who have wisely unfettered themselves from earthly cares and do quietly preach in season and out of season true sound Christianity without mingling State-affairs into their dispensations I alwayes judge it necessary to heare and imitate and am very glad even of late the Parliament hath for the unprejudicing of many declared they will maintaine a Godly diligent Ministery unto whose dictates because men though we must not wholly resigne up our discretions in Religious matters yet will every quiet spirit for their gifts sake give encouragement and deferre treble respect unto them CHAP. III. Respecting Lawyers I Am now at last come to speak some thing unto the Lawyers of England men of mine owne profession who I know generally will take it ill for any unwinged Gown-men to be pretendedly wiser then Law And I also confessing my selfe a meere Lime or Hackney of the Law am not much fledg'd with an Apprehension that I can speak halfe so much Law as reason The Theoretick part of Englands Law though in some things defective in other redundant I honour especially for that I beleeve it wisely distributh real inheritance and uprightly devolves discents whereof also Authority hath said they resolve a permanence upon former foundations which decision my reason teacheth I do not slight or trench upon when I endeavour a candid representation of errors in Superstructive practice that must of necessity challenge from piously disposed Governours a timely discontinuance and alteration where inconveniencies and mischeifs are Epidemical The great fluttering noise as well old practizers in the Theorie with Almond Trees on their formal Crownes as puny Clarks will make about known Axiomes Maximes custome practise and Moth-eaten Records is such that it hath startled most men desirous of a more compendious succinct and expeditious passage and decision of litigious debates But I well hope my contemptible vessel wil not split upon those lofty towring Rocks However this I dare affirme It is the great mistery under which our Lawes are Couch't and the Barbarity of that corrupt Latine and Norman language have amused many into a strong fancy of the excellency of our proceedings in sutes No small wonder it appeareth unto me men should so much dote upon actions of our Ancestors in times of Popery when if it be well observed few laws were free from pontificall influence that they cannot see the healing of present Supremacy is wanting for reforming things in practise Religious and Civill Tyme heth drawn a vail cunning heads have fomented and Interested parties alternatly have fixt a great and seemingly good reputation upon erroneous transactive practises in actuating the most necessary and ordinary projects of our Municipiall Law endlesse Maeanders length and nicity of pleading formality perching above equity and sometimes plain distinguishable justice have rendred very Law it self odious whereunto if we subioyn that most Just captations may be taken against proceedings in our chargeable Chancery Reason will back our assertions Many wise men have thought regarding how a perfection in distributive Justice is or ought to be the scope of every law it were proper and convenient for the Subject of England If the same Iudg at the same time with the Juries consent might definitively correct strictnesse of law together with his pronunciation directly where mens positive lawes have with all humane possible care provided against probable contingencies whereby some times a 150 orders might be spared both Plaintiff and Defendant and sutes no more intailed in Chancery from generation to gene ration For it is an ordinary thing in our Coure of Equity for a cause to spin out 8. years before it can come to an hearing Others have quarrelled as much saying that it is lesse reason for law proceedings if any reason at all to be in Latine then chancery Bils because of the great danger to a Clyent in missing form at Common law But these my great Masters at law can if they please determine were not men besotted to horrible avarice and Apes to one anothers wickednesse Some may suppose I speak by roat when I shall affirm twenty years are not sufficient to learn the practise of one Attorney in so full of variety is law practice and indeed head Officers in Courts make it upon the matter what they please no vivacity of wit can reach the Vanity of Formes in reasonable time these Mysteties make the Subject more miserable truly we may say it then those Nations whose lawes are unwritten For upon the nicetyes and intricacies of Headings are hatcht demurrers See Basilicon Doron lac Regis pag. 90 lib 2. a device meerly to spin out money and tyme such exceptions being mostwhat taken to formal defects not materiall and though the parties meaning be evident a misplaced word or mistaken sentence shall cancel all done before Men of slendrest capacityes discern how much plaintiffs are favored in our Courts And strangers admire at the Multitudes of Men depending upon legall matters here in England I beleive there are at least ten and ten thousand qualifyed Officers at law