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
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
parties of King and Parliament ibid. Two speciall parties Presbyter and Independent ibid. The principall differences generally discussed pag. 56. and 57 The doctrine Episcopall and Presbyterian the same pag. 58 The Parliament upon prudent consideration do not fully approve the Presbyterian way ibid. The reasons ibid. A main error held by Presbyters pag. 59 The Congregational way rather allowed ibid. And the reason ibid. The objections against it pag 60 The Army new moulded in a dangerous season ibid. Naseby fight and the disadvantages to the Parliament in reason ibid. The prosecution of the victory pag. 61 The King comes in to the Scots ibid. The Scots return ibid. Independants how thought on c. ibid. The Army seise the King at Holmby ibid. He is prudently wrought into the Isle of Wight pag. 62 The Armies interest questioned ibid. London Prentises assault the Parliament ibid. Generall Risings in all Counties ibid. A great insurrection at Norwich with an extraordinary providential issue p. 62. and 63 The Navy revolt ibid. The Presbyter joynes in the design ibid. The King set at liberty prudentially in the Isle of Wight ibid. The mannagement of the plot ibid. How advantageous to the King ibid. The Scot invades England to necessitate continuance of the treaty ibid. Colchesters Siege ibid. The Parliaments Armies streights and patience the Scots routed p. 64 The Army march to London ibid. Divers Members imprisoned ibid. London Garrisoned ibid. The King questioned and executed ibid. The Kingdome made a Republique p. 65 Opposition to the work fomented with the grounds of it ibid. All arose from the Kings party ibid. The Levellers rise ibid. Levelling in all the various Interests of it as evil considered p 66. and 67 Just Levelling considered p. 67. 68. 69. as it relates in the whole to a just settlement of the Nation ibid. The divers grounds these just Levellers had p. 69. and 70 Manifesting the difficulty of due reformation in the Nature of interest corrupted ib. The scandalizing of authority under availed name disallowed p. 72 General complaints considered ibid. A consideration of the incoherency of Christians Lives and Doctrine ibid. The Parliaments faithfulness in general ibid. Obstructed by particular interests p 73 Some considerations of some Laws or statutes new made how tending to the priviledge of the people ibid. Consideration of Engagement ibid. Consideration of trials by extraordinary Commission p. 74. and 75. Wherein is considered The holding up the hand ibid. Opening the doores ibid. The parties whether to have councel or not ibid. Whether the Jury be Judges of Law and how c. ibid. Gaoles and their evils briefly considered p. 75 Maintenance in prison p. 75. and 76 Arresting by armed power considered p. 76 Dilatory Pleas exploded p. 77 The reasons of making the Laws difficult ibid. Contrariety of Laws resolved ibid. Kings of England had not the Militia p. 78 Consideration what is the Law of England c. p. 78. and 79 Want of work-houses and the reasons p. 79. and 80 Particular Law-books examined whether Law ibid. These greivances not yet remedied p. 80 Errors in all states and conditions of men ibid. And the most visible reasons of some ibid. Lawfulness of Impropriations questioned p. 81 The Objection against the present Parliament ibid. Counsel of State considered ibid. Corrupt Interest still makes Corrupt Officers p. 82 Taverns Inns Alchouses the Nurseries of all vice encrease p. 82. 86. and 87 From these Defects Governors opposed ibid. Civil Apostacy as well as Ecclesiastick agreed ibid. Christs Kingdome desired till then a Rational prudential settlement ibid. Saints priviledge ibid. Their submission to all Government p. 83 Gospel good workes what ibid. Christians bound to the Law ibid. The vanity of the Amusive part of Civil Government simply p. 84 Court of Chancery considered and what is the proper matter for that Court p. 85 Some General considerations of legal grievances p. 86 Necessity of setling Schooles p. 87 And regulation of apparel ibid. More consideration of legal Nicety ibid. Speedier Law in proper places necessary p. 87. and 88 Magna Charta and the Petition of Right how the priviledge of the Subject considered p. 88. and 89 The way to settle the Nation propounded p. 89. and 90 Who to be used in setling the Law p. 89 and 90 Excellent reason in Englands Law p. 89 Evidenced in particular cases ibid. Gods Law to be the head rule ib id Consideration of discents of inheritance by a double portionaccording to Gods Law or as in England p. 90 Who the great opposers of due reformation in the Law and practice c. p. 90 Divers conversation of Christians to their profession ibid. A serious Caveat to all in power p. 91 The extent of the Engagement considered ibid. Assizes in Norfolk held in an illegal place p. 92 Some matters concerning the course of Error in Criminal trials remembred ibid. A great abuse in Vnder-sheriffs ibid. Evils of Law suits worse then ever p. 93 Something fit to be done considered to answer so many Engagements ibid. Difficulty of National reformation ibid. Danger if Reformation be not evident of strange returns ibid. Considered from several opposers ibid. Gods admirable workings for the Supream powers of this Nation ibid. This ought to raise hearts to serve God the more ibid. Not the Author of a work but the nature and usefulness to be regarded ibid. The end of the first part intimating the general end of the second ibid. Desire of a blessing from God in it p. 95 Courteous Reader amend these faults of the Printer with some false stops which the Author could not so well correct nor the Printer in so much haste as was in this desired PAge 2. line 50. read most p. 3. l. 9. r. ware and l. 56. r. our p. 14. l. 26. r. promises p. 17. l. 28. r. Grandeurs p. 20. l. 45. r. mother p. 21. l. 45. r. that p. 22. l. 53. r. Annate and l. 56. r. still p. 31. l. 26. r. change p. 34. l. 5. r. nought appeared p. 37. l. 22. r. at least as to p. 42. l. the last but two r. Councellor p. 43. l. 21. r. exacted p. 44. l. 47. r. Mystery p. 46. l. 3. r. that was was Kings p. 48. l. 13. r. Acres of the Tenement p. 49. l. 10. r. Christian Knight and l. 47. r. first p. 53. l. 43. r. barques p. 55. from the word there l. 10. to reject l. 12. put a Parenthesis and l. 27. r. while with a little w. p. 58. l. 51. r. impowred p. 67. l. 21. r. to leave each p. 69. l. 11. r. a Hanck p. 78. l. 37. r. Hanck p. 82. l. 35. r. policies p. 85. l. 22. r. course p. 87. l. 15. r. effronting and l. 18. r. universal p. 89. l. 19. r. force p. 91. l. 31. put the stop after value A SVRVEY Of the Houshold of God on Earth c. THe Lord God for his own glory and the accomplishment of his determinate
all which laws are still binding as accompted morall though neither wholly accepted nor neglected the mystery of the Trinity being by some impugned the likeness or similitude of God made now in the shape of man the most dangerous Idolatry his name blasphemed and no day kept as it ought though a day professed for his service but of this anon The other laws were relating from man to man first setling the rule of obedience to the then generally supream power being especially paternal whose Complaint the whole congregation were Judges of as executioners then he comes to the special and highest crimes of Murder Adultery Theft to secure life chastity property and for a further assurance gives a law against false witness and as the ground of all and root whence these vices flow forbids covetousness Now these laws were given in terror as Moses saith to prove them that his fear might be upon them that they sinned not yet all was too little to hold in so stiffe-necked a people and after these general laws as the heads of common Justice in the root and branch he gives other laws for all occasions both in respect of Magistrate and People Master and Servant Parent and Child Husband and Wife Enemy and Friend or Confederate and that both for War and Peace and that with respective security both to day and night and that for life Maime chastity goods good name and that as a beast might offend with respect to him as the Oxgoring yea to beast as a sufferer as wandring yea and to the wholesomness and means of healthfulness of men not only in their wandrings but in their settled habitations remaining still the host or congregation of God not to have any defilement open to veiw for all which I refer you to Scripture with the rest of the heads specified from the twentieth of Exodus and so onward and having thus settled an outward law of peace and rest or War and Captivity or other Judgements bound and assured by threats and promises the Lord now proceeds to the establishment of the manner of his worship which was and is generally holden wholly typical and ceased in our blessed and eternal Saviour the Lord Christ Jesus and this I wholly at present omit to enlarge and now come to the third thing considerable which is the manner of execution of these laws which was very severe as you may see in the punishment of Corahs sin and so in Achans The men wives children and all were punished not only by God as in Corah but after by Joshua in Achan a terrible God a terrible law and terrible execution yea the law was extream rigid if we regard the proness of mans nature to offend what a poor man to gather a few sticks for his necessity upon the Lords day and dye for it what the Princes and holy men that knew as much by themselves as by Aaron all devoured by an earthquake for their zeal in offering sacrifice to God the people were so sensible of it but in presumption that next day they blame if not threat Moses and Aaron for slaying the people of the Lord. Now these laws were the then rule of the people of God and by these did the people of God under the whole regiment of the law eithr justifie or condemn themselves So Joseph How shall I do this and sin against God So David thy law is my delight my continuall meditation that I may not transgress thy will so Job Thy waies have I kept and have not declined from them and so the yong man in the Gospel All these have I kept from my youth up and Paul after he was enlightned justifying himself in his integrity against the Jews his now persecutors sayes of himself As to law blameless that is he knew not nor could any one tell how to accuse him of the breach of the letter of the law in any title now if you ask whether these laws were the best or not I must tell you that most undoubtedly the laws in general were such laws as no Nation in the world nor altogether had from themselves so exact a plat-form of government but surely some of these were but particular to that Nation and that as our Saviour saith in the case of divorce yielded unto rather then given for the natural inclination of the peoples sake or by reason of the frowardness of their disposition which our Saviour calls the hardness of their hearts specified in divorce and also as that of the law of jealousie That law for unclean and clean food I accompt rather typical then judicial Now to all these laws were Promises annexed in case of obedience Threats in case of disobedience which were often reiterated by those special Prophets whom the Lord raised up in the several generations under the Judges Kings and Kingly Priests untill the Lord sent his own Son to declare his will unto his people in the fulness of time and though Moses were faithful yet that was but as a servant as saith the Author to the Hebrews but the Lord Christ Jesus who is the Apostle and high Priest of our profession is sent from the bosome of the Father to whom the whole will of the Father was known and in these last times God speaks to his people by him even his own Son whom he made heir of all things who being the brightness of the glory and the engraved form of his Fathers person and sustaining all things by his word hath by himself purged our sins and sits at the right hand of his Father wherefore we ought with all diligence to attend to that heavenly doctrine which this our Lord declares for if just punishment were retributed by the Lord to them who disobeyed the word spoken by Angels how shall they escape who neglect the Gospel given by the Lord of Angels the Son of the Father to whom the Angels are but ministring Spirits him of whom all the Prophets fore-prophesied even the Shilo the Messiah the Saviour who should save his people Israel and lead them through the wilderness like a flock of Sheep under whom they should lye down in the pleasant places of rest and none should make them affraid He that was now expected by the Jew and so much the rather as fearing bondage from the imperious and flourishing Romans and hoping of salvation and deliverance temporal Grandeur power and dominion by his puissance who was to break all Nations as a Potters vessel and thresh them with an Iron Mace to whom all people must bow down the mighty Councellor the Prince of peace and his yoak must be upon their neck and his government upon their shoulders till time should be no more Now lets a little consider how the state of Israel or the Kingdom of Judah stood at the time of Christs coming That they expected the Messiah is evident they seeing those things fulfilled which were fore-prophesied of which sure they were diligent heeders especially being driven thereto
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
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
stirred up in the Raign of King Charles who succeeding his father with all the expectations that might be of the vulgar his entertainment to the Crown was with all congratulations of a high joy such as the high condition of his estate required in a setled Kingdome having enjoyed a continued peace for almost 140. years whereby riches abounded exceedingly but with them pride increased so that spirits grown high they were ready to kick at the prick and the rather in respect knowledge abounded and they were not ignorant of their own strength And what the Romanists foresaw was now held high time to provide for for whether it were the advice of King James or the disposition of Charls or the natural jealousie of Kings or the supream over-ruling decree intending by degrees to fit things to the determinate end I here discuss not but this bright day was soon ore-cast for in the first Parliament which I suppose was called in or about the third year of this King after some order taken for the regulation of evils against the civil peace and some kind of care taken for punishing the great prophaners of the Lords Day the King not well liking the Petition so called of Right being indeed a strong limit to dreaded Prerogative yet grants it and continues the Parliament untill he had obtained seven Subsidies of the people distinct and eight from the so called Clergy and then dissolves it But there was another special reason namely the people were grown exceeding high and fierce against not only the special Favourite of the King the then Duke of Buckingham but secretly taxing the King himself as at least an Abettor to him in the too soon speeding his Father out of this world I beleeve it is evident to most that the Duke committed a crime notorious to all that the King did by dissolving this Parliament hinder the tryal of him but this doth not evidence his guilt though it gives matter of surmize but this may be handled fitlier otherwhere if need requires The breach of this Parliament gave a great disgust to the people the rather because it plainly appeared the King wholly and almost only sought himself for although he had acknowledged by Act the necessity of continuing the Parliament to settle fit remedies for many notorious grievances yet before ought expedited but his own business as it was justly called of the Subsidies He of his so called Royal will annihilates all by nullifying the Parliament as he was said to do and indeed it amounted not to much less for he did at least by his instruments which he owned almost with the same breath he assented to the so called Petition of Right or due Rights of the Subject break it and proceeded so far to aggrandize the power of the Prince that he made the Subject a slave having a speaker fit for his ends a man of as mercinary a spirit as could be for upon some incivility as it was called of some members zealous for Reformation who loth to have the Parliament so fruitlesly dissolved held the Speaker in his Chayre to Vote a Remonstrance to the King he imprisons them seizes their Trunks searches their not only chambers but pockets most of which dyed in restraint being accompted the Martyrs of the peoples Liberties whom the King thought the greatest means of subverting of them as intending still to drive on the contest betwixt the King and his people which was begun in William so called the Conqueror and surely he could not but espy that notwithstanding all endeavors to the contrary the people had still gained upon the Crown and surely what he expressed in full Parliament and which is printed among the Statutes at large more then cleared his jealousies of encroachments upon him which is a sufficient cause to a Prince to stretch his power and surely was as before is said in part with those other reasons annexed not only the cause of that Sessions prorogation the then Parliaments dissolution or rather by not keeping his so called Kingly word annihilation but the not calling of Parliaments till necessity enforced as if he had seen or foreseen the fate which hath since ensued I cannot beleeve him ignorant of all those not onely so called prophesies but of those conjecturall observations of those grand Mathematicians so called which how his wisdom might prevail over I know not but assuredly Princes of all are most easie and subject to be entrapped at least the inquisitive part of them neither shall I here treat of the power of the Stars if at all although I must profess little have hapned in the notorious part of his Reign which such Artists did not more or less foretell But because out of his Reign is as it were raised the fountain of all controversies both divine and humane let us shortly run over the state of the so called Church and Commonwealth and begin with the Church which though not so furnished with large Territories nor multitudes of Religious so called Professors as before those nests of Monasteries Nunneries Fryeries Fraternities Colledges c. being dissolved and confiscated yet to the remaining Arch-Bishops Bishops Provosts Deanes Deanes and Chapters Vicars Vicars Charols Chaunteries Cathedrals sub-Deanes Arch-Deacons c. pardon that short enumeration of many glorious beasts of Babels forest there was a sufficient maintenance to perform the duties required in a Bishop by Paul without any by-encroachment but these men were now grown civil Lords and having contracted Marriage with the world they lay with it and neglected their duty to their Lord and husband the Lord Christ Jesus They had large Palaces of old Babel the same seats in their several Provinces called Diocess the same structures or great Churches the same Attendants for their Courts Juridical were not taken away these all required maintenance and that by reason of worldly pomp in great measure but they had enough for this had not the itch of the flesh brought them as other men to avoid fornication to betake them to their own wives and the same carnal prudence which before prohibited Marriage lest the care of the world and love of children c. should cause imbeselling the Churches so called Revenue the same now wrought unjust seekings of gain by any means to the prejudice of the Church Before the storm in Henry the Eights time many long Leases were made before Queen Elizabeth many more so that to assure maintenance she was enforced the Father of the Church for fleshly children sakes robbing and wasting their spiritual Mother to that prudential Law that they c. could make no new Leases or renew any old but for three lives or 21. years reserving the old rent but as children increased and worldly temptations these Church men could so far dispense as either to coyn old or else new Leases with this blessing from the rule in Law Valet quantum valere potest and these were to their children servants friends or the best friend a
performed or otherways adorning Churches the several Manners Places Times of bowing gesture and order of pronunciation at or in reading all not only discoursed of but applauded and generally practized adoration at the entery of the Church and also at departure and that to the East all for uniformity the great and special pretence of the so called Church that is the Bishops the Fathers of the Church according to their own stile Bowing or Genuflexion or Adorations to at or of the name of Jesus Extream unction Confirmation Pennance all practised yea a Nuntio of the Pope but not so owned yet well known and which troubled the people most of all a raile of wood or other partition betwixt the so called Priest and people at the receiving the Sacrament so called of the Altar and this of necessity and the words of administration purely Popish as yet in the directory But all persons without question in the parish admitted to the Sacrament as by Law was established these things setled they haste for power to the further setlement of the Church in power and purity and by the Kings power they are convened and called the sacred Synod where they Act with large commission and fearing counter-buffs of Providence by them called Fortune they denied the Pope but admitt Popery in its full height and to evidence the Antichristianisme they establish their Hierarchy with an oath with that famous clause of c. labouring as the brood of old Rome to bring all Temporal jurisdiction under ecclesiastick censure and this was the condition of the Church or Churchmen or Clergy men so called I shall now as shortly give you a veiw of the civill State as the necessity of perspicuity will well permit You have heard upon what a politique Basis William so called the Conqueror founded his Empire which yet from evident causes declining even in the space of his own and Sons Raign did evidently shew the frailty of all humane wisdome and therefore might well in the space of six hundred years be brought to nothing and truly once for all to say it I am in my conscience perswaded that King Charles did see the want of Law in this land to govern the Nation rightly and upon that foundation sought to mould the kingdom to the similitude of other Nations for it is a sure and certain principle that States grow old and Laws c. And if not reduced by reformation there is a necessity of a new formation Now the chief thing which a Prince looketh at is the power of War or the Sword and this so far as the power rested in the King which was his Tenure was clean lost and gone for the many transmutations of possessions had made many litigious questions partly through the corruption of officers not duly awarding process against alienators without license partly other defects of certain boundaries and partly the evill of time which had through divers discents parcelled great estates into many persons So that there were many Tenants but few Knights and what was at first an honor to hold of the King or by Knights service because the Tenants Son and Heire should yet come to the education of a Lord paramount or higher then the Father and so should be bettered both for Arts and Arms the Kings of late years had made them absolutely but the fees of their Servants and the Heirs of gallant men were as bad as slaves to the will of the Kings Grantee whereby they were yoaked unequally in marriage or their estates were generally squeised of sometime a third sometimes a fourth or fifth part in the Court of Wards so that they that should have been the Princes guard as it were being thus prejudiced in their minority and drinking in hastily the complaints of their friends bewailing their Wardships as an insufferable vassalage could not heartily seek to maintain that power whose subsistence was their ruine to eternity in all their progeny and through the long tract of time it was grown to this that almost any great or rich mens Son must be a Ward all Titles of Lands being so exceedingly intricated that it was almost impossible to clear it and this rigor was never higher then in the daies of this King so that it is evident for a setled Militia for his own defence he had none but had left himself naked to the strokes of any timely opposition Next as he had robbed himself thus of power so had the example of all the Kings in part and the power from jealousie in other part devested the Lords of all power military by dependencies of Knights service The Oathes of homage and fealty the Kings had respited them to enhanse a revenue and the Lords were not willing to urge that which had been so fatall to many their predecessors through their dependencies and being now grown generally loose lazy or worse from the long peace we had enjoyed they had no contests but at Tennis Drinking Dicing or worse sports and sometimes a Law suite These yet sunk many of their estates and they had no waies of raising them but by the Kings sole favour for there were no Lords now that had absolute power in any County this made them wholly quiet and the rather because to be of an active warlike spirit gave cause of jealousie to a Prince especially of any who were not meerly his creatures namely of ancient popular Nobility that is their Ancestors of great repute with the people Many therefore retired themselves lived privately and quietly in respect of the Court but few of them with great love in the Countries where they were resiant carrying too severe a hand towards their Tenants by racking of Farme-rents and otherwaies as Lords of Mannors enhansing fines as all the Gentry also at their own wills enclosing of Commons for private profit and by the evill example both of themselves Servants and Retainers bringing a general Lewdness Looseness ād debauchery in religion and civill manners into all the quarters of the Nation For the Country still at least as far as it may or can imitates the Court and so downward by this means a general almost universal pravity and corruption stole upon and got possession of the English Nation not that I think to speak once for all that England was worse in any respect eirher for civill or Ecclesiastick government then any other Christian kingdom no but that it had departed from that purity of Government which it self held forth and had in some measure exercised yet was then taxed to hold forth little of a true Christian Government at all for first though the Sabboth was held moral yet it was prophaned and that by publique authority as by the book of sports which also gave such a loose to the power of the master of the family that he could not govern by an exact rule that power being before too much broken and this opened a gap to all inordinate walking towards magistracy in other both superior and
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
and through the might of the Lord Jesus may so live here that we may raign with him in Glory for evermore Amen Amen AN ESSAY OF Christian Government Vnder the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace EMMANVEL Presented to all them that bear Office and are impowred by God in the Government of Nations but especially to the Commonwealth of England and to all the Magistrates and People therein expecting and hoping for the Glorious Appearing of our Lord Christ Jesus Ezech. 33. 7. 6. 4. 7. O Son of man I have made thee a Watchman to the house of Israel therefore thou shalt hear the Word at my mouth and admonish them thereof 6. If the Watchman see the Sword come and blow not the Trumpet and the people be not warned if the Sword come and take any person from among them he is taken away for his iniquity but his bloud will I require at the Watchmans hand 4. He that heareth the sound of the Trumpet and will not be warned if the Sword come and take him away his bloud is upon his own head LONDON Printed by Robert White for T. G. and Francis Tyton and are to be sold at the three Daggers neer the Inner-Temple-Gate 1651. To the English Reader READER WHoever thou art of what ever Calling or condition know God calls thee by his Judgements to a serious consideration of thy duty thy duty is towards him and those to whom he hath given power over thee They hold forth desires of setling the State and that both in Religious and Civil respects sincerely We all agree all out of order that which naturally draws most men is present benefit this makes some crie out for the old Government others one wholly new others to settle their Condition would patch and dawb and joyn iron and clay together I ask thus Is the priviledge of an Englishman and old Laws and carnal Interests above that of Christian Christs or Gods Laws and the inheritance of Eternity If so to them say so I am silent To the Christian Englishman I say I have propounded a Model of Christian Government I say not perfect nor according to that perfection which I do as I conceive comprehend but such as may be constituted to fit by degrees to a more pure settlement I intend not all should be as here set down it s but an Essay I have gone as neer the Original Law of England after the Nation received Christ as I could This if accepted must as in all alterations destroy many interests and advantage others All that submit in all things to the will of God will not kick against him in his dealings they will say it s the will of God I submit How it shall be done I leave to the great Councel of Parliament beseeching the Almighty to give them wisdom to govern the people rightly we are a stubborn Nation naturally where grace polishes look for assured help where wisdom settles you will finde no resistance Go on Worthies God is with you and good men are not against you chear their hearts go on to settle be not alwaies pulling down it s harder to build then destroy I know many of you then much more the people will think some of these Tenets against priviledge what the Magistrate to superadvise private actions be not disquieted either to think your care will be too great or the Subjects Liberty streightned The opposition is only to evil men in evil things and that when notorious the onely thing you all fear is Magistrates may abuse their Trusts To all such I say the Law is just still for the man punish him I shall not enlarge but in one word to the Politick man Sir I have I confess not stuck so close to the rules as many do at least of late but you may see I offer things as I think they may be now received to fit for better by degrees To all I say the intention of my undertaking was onely the peoples good but especially Gods glory who knows all our hearts and knows that I speak truth to whose guidance I commend your Spirits The Table to the Second Part. Chapter 1. Page 101. and 102. shewing 1 WHat is Monarchy 2 Its divisions 3 Whether Obedience be due in things unlawful and how 4 What if bound by Oath and that both voluntary and inforced 5 Limited Monarchy lawful and cautioned freedom or freedom contracted for due 6 The best way of gaining it by a Representative 7 Who and how to judge of the clashings or differences of the Representatives 8 The duty publike and private of Representatives as such viz. in their Trusts 9 The necessary issue of a Monarchy devolved into Tyranny Chap. 2. pag. 102. shewing What is Aristocracie Chap. 3. pag. 102. shewing What is Olicharchy Chap. 4. pag. 102. shewing 1 What is Democracie simply so called 2 Democracie setled in promiscuous choice 3 Democracie refined and that both in Electors and Elected 4 The end of Government Chap. 5. 102. 103. shewing 1. Wherein a Kingdom or Commonwealth precede each other negatively and affirmatively 2 Kings no weasiest to be corrupted and hardlyest reclaimed 3 Where a Kingdom hereditary is best 4 The evil of that in the issue 5 The evil of the three other sorts of Government 6. That evil and good is not properly in the nature of the Government but in the good or evil of Governors Chap. 6. pag. 103. Wherein is shewed 1 That States are subject to alteration agreed if so 2 That what was in the Supream Power as such goes along with it 3 That England hath right to Estates the late King had as King 4 The reason of all Chap. 7. Wherein is treated pag. 103. 1 That whatever the nature of the Government be viz. whether of one or more in chief Laws ought to be set 2 The reason of it Chap. 8. pag. 104. and 105. Wherein is handled 1 The evil of tying Magistrates to the strict letter of the Law 2 The evil of too loose a Rule 3 Magistrates in Supremacy their duty in this case 4. The supposed excellency of Englands last settlement and wherein 5 The reasons why Magistrates inferior must not be tyed too strict 6. A caution for them in Supremacy of power in unsetled times 7 Rules of bounding inferior Magistrates tendered 8 No Officer to be punished for executing the command of his Superior 9 Judges offences to be speedily determined and if he acts but for just things by these Officers not to be punished 10 Generally they that act legislatively not be permitted Judicial places Chap. 9. pag. 105 106 107 108 109. 110 111. Wherein is handled 1 What is Dominion Power or Authority in it self p. 105 2 What is the end as to others 3 The reason of mens subjecting to Powers c. particular good in universal 4 The various wayes of seeking it 5 The high respect given by Heathens to just
Lawgivers 6 Why they pretended to receive their Laws from their gods and that both in respect of Magistrate and people p. 106 7 That Christians ought to live under Laws and the reason 8 Authors waved and the reason why Reason is onely allowed 9 The inference that the Magistrate in Legislative power ought to make Laws by a Head Rule and the Judicial propounded and the reasons for it examined by several Instances specially in life liberty and goods and this proved by the New Testament 10 That the Judicials did not properly mislead us but the Ceremonials Chap. 10. p. 112. Wherein is shewed 1 That the Magistrate keeping his Head Rule his power extends all vice 2 In that liberty his boundary generall manifested by an example Chap. 11. p. 112 113 114 Wherein is cleared 1 What the general acceptation of Prerogative is 112 2 What it intends as looking at the Supream Magistrate and that either in absolute Powers or limited 3 The vertual power of Supremacy is ubiquitary 113 4 How its intended in Law that the King can do no wrong 5 The error causing our Divisions heightning giving to the person what was proper to the Power 6 Several benefits given to the Supream Magistrate by Laws and called Prerogative 7 The reason why lapse of time did not prejudice the King 114 8 The reason why the King was admitted to be deceived in his Grant 9 The insufferable abuse of these 10 And of the Kings dispensing with a non obstante in a Statute and not so bound unless named 11 A further grant of profits to the King 12 Some Honorary Grants yet used to profit 13 How the King takes or parts with ought legally as King 14 Some unfitting profits evidenced 15 Deodands a meer allusive Judicial 16 Of the special Judges to try his Rights 17 Three abuses of Prerogative in not having judgement final against him acting all particularly for which no Law was granting Charters and priviledges 115 18 The special badges of Supremacy what and incommunicable 19 That these were never in the King of Englands hand Chap. 12. pag. 116 117. Wherein is shewed 1 That the Supream Magistrate is Judge of Publike good p. 116 2 That this must yet in the issue be evident to others 3 The abuses and benefits of Monarchies and Republicks further debated 4 How Englands Laws admitted her King Judge of publike good 5 Some complaints against meer Prerogative Officers remembred 117 Chap. 13 p. 117. Wherein is treated 1 That the Supream Magistrate may grant inferior so called Prerogatives 2 How he may grant them and the benefit and necessity thereof Chap. 14. p. 117 118. Wherein is declared 1 That there alwayes have been diverse Opinions of the Magistrates and Churches Power with the Reasons of it 117 2 That the Magistrates Power is chiefly preservation of the Peace 3 That much of the Duty of the first Table lies upon the Magistrate and how but not solely nor principally and the reason 4 A touch of Christs Blessing left to his Church the Apostles and their Successors in Doctrine Chap. 15. p. 118 119 120 121. Wherein is treated 1 Of the end of Magistracie 118 2 That evil men may be good Magistrates therefore obedience is still due to them 3 The necessity of this or good Magistrates will be ousted by evil men p. 119 4 That the Pope through the abuse of this difficulty became the sole umpire of all controversies 119 120 5 Limited Magistrates or that rule by Law must not go beyond their rule and the reasons of it 6 Absolute Monarchs questionable onely by the whole community 7 How dangerous an evil this is and therefore waved 8 Christian Princes from the Kings of Judah especially have all pleaded to be absolute 120 9 In limited Monarchies the Assemblies Dyets c. may judge the Monarch 10 The way to distinguish absolute and limited Monarchy 11 The necessity of well tempering popular States 12 There are evils in having as in not having barrs to Supremacy 13 The punishments used formerly to them called Kings or Monarchs 121 14 The benefit of such punishments Cap. 16. p. 121 122. shewing 1 The original end of Parliamentary meetings 121 2 The priviledges given to the persons met and the reasons thereof 3 Protections to other then meer menial servants in ordinary unlawfull 4 Their Speaker not to be disallowed but upon good cause 5 They have a liberty to treat of all matters freely c. 122 6 They are the Guardians of the peoples Lives Liberties and Estates c. 7 The necessity of them to keep Kingdoms from devolving into Tyrannies 8 These to be limited to time lest they grow Tyrants or as bad 9 That their errors if any committed by them might be amended 10 They are to be paid by an equal rate upon all that chuse and ought to do if they had not dispriviledged themselves Chap. 17. p. 123 124 125 126 127. Wherein is shewed 1 The necessity of Magistracy 123 2 The principal ends manifesting wherein the Priviledge of the Subject generally consists Examples given thereof first negatively then affirmatively 3 Affirmatively to be governed by righteous Laws righteously 124 4 That these Laws extend to persons in all places at all times c. and that in respects requisite to common or more publike peace or safety 5 That its requisite the Supream Magistrate set the example to others 6 The Supream Magistrates neglect a ground to hinder Reformation 7 Ill Customs or Laws to be altered 125 8 Matters of publike grievance especially if arising from particular interest not to be continued 9 Placs of publicke Judgements to be fitly setled and not altered but in case of necessity 10 Priviledge wherein respecting the Subjects generally wherein it consists illustrated in many particulars heretofore questioned 11 Priviledge not to be pleaded to them convict of crime 126 12 A general Law can be no dispriviledge 13 Exempting particular persons for particular and special reasons can be no priviledge or dispriviledge 14 To be Master of Arms or admitted into Military trust a special priviledge 127 Chap. 18. p. 127 128 129 130. in which 1 Nature gives like priviledges to all men 127 2 We lose them either by compact of force 3 Iust that force should be submitted to And that to equals obtaining Supremacy by power 128 4 In rational subjection or subjection by compromise or agreement there is to be no difference betwixt the Prince and Subject concerning good better or best for of that the Prince is absolutely judge and so on the contrary but in manifest evil or good 5 The absolute Powers Christian are under a Law 6 Powers must look to be just 7 Self-safety considered in a queried particular 8 Opposition makes Conquerors hard-handed in the first settlement 9 Providence considered and where it s to be allowed where not 129 10 Nations not to make others their Pattern without a just rule 11 Nations subject Nations as men do men and
absolute Monarchy is the Government of one man according to his own Will without any regulation So whether he rules justly or injustly hath seemed needless to quaere supposing that the people having simply submitted what ever he doth is just though just reason with just men be his Rule But here is to be quaeried whether such absolute subjection binde the parties so subjecting themselves to obedience in things unlawful and evidently destructive to publike good To this it is Summarily answered that they themselves are not bound for as Nature doth nothing in vain so neither communities of men who act together by pure Naturals that is look at what they call good therefore as for preservation of the whole they agree to be subject who were free so for the same reason visible they may reassume that subjection into native freedom and this the examples of all Ages Nations c. manifest to be the Law of pure Reason whether their attemps were successful or no. But what if bound by an Oath To this I say the Oath must and can work no otherwise intentionally if free then to the general end aforesaid common safety and that destroyed they are loosed for the Law of Nature and for Freedom sake all reason annexes and must annex such a condition to every such Oath But what if the Oath were enforced I say it is absolutely and simply void all Laws in all Nations in pecuniary contracts the Minima hominis damn enforced Oathes then much more in main matters of liberty though the interest of Princes and great men under colourable shews and pretensions of peace and quiet thereby have caused great Wits and great Pens to abandon Nations to the lusts of particular men This cleared in the absolute Magistrate it will be more then clear in the limited that cautioned Freedom how ever obtained and by whom ever must be observed and though that the best ordet is a whole Representative to act in enforcing and judging matters of so high concernment Yet the declarative act of breach of Trust past by the major part execution as with us may be just though some say not justly done that is in manner and form I here admit of Form But some say it had in the formal part ample satisfaction according to the letter of the Law and so was done justly for if a force were upon the house it was by the house and they not questionable but either by the whole people or a new Representative and this till recalled by a more lawful power must be just This was done by Parliament at Westminster the place and a sufficient number of persons to make a Court in Law there was and the Law gives no power to inferiors to take notice of the jangles of equals especially in Supremacy of Power this in Law in Conscience they must look to themselves who did the Act if unjust our conscience is to look to the preservation of just liberties which we have and in a due way to gain those which under pretence of Conquest past or present have been gained from us and by time usurped which these men have promised who are our Representatives that is of the whole Kingdom for their general and great Engagement is First to do the Nation Right next to serve the particular places faithfully for which they are chosen and to see they have no wrong Now of these Monarchies some are Elective some Hereditary this alters not the Cause but may make men more cautions in case of the Nation whose Kingdom is constituted by Hereditary succession For if strict Order be not held with those Kings they at last devolve into Tyrannies that is not onely one to Rule but his Rule to be without any Rule not according to the Law of Righteousness but at Lust and then there is no way but alteration of the frame of Government in Supremacy 2. What is Aristocracie WHere all the Noble men or great rich men of such an estate Rule it is called Aristocratia 3. What is Oligarchy WHere a few men of the rich and noble or powerful overn all it is called Oligarchia and is seldom but a government of few 4. What is Democracie and the ends of all Government WHere there is equality and the greatest number Rule that is called simple Democracie which ever was a dangerous State as newly drawn out of confusion The next is where is the whole body thoose never so vile a wretch he is fit for the place a Tribune of the people and his Yea or No goes as far as Any's An other Democracie is setled in several choices refining the grosser pars by degrees and by wise limitations restraining the way of confused meetings and yet giving just freedoms and to keep Justice pure limiting the Electors as well as the Elected and that not onely by restraints of not such estate or no Vagabond or that hath been such no Thief no out-lawed person no perjured person no servant but some have Christianly added cast out of the Church a common Swearer Lyer Tavern-haunter Prophaner of the Lords Day a Gamester Some now may as well say any one not received into a Church-fellowship This yet being the work of the Supream Magistrate the more warily ordered the State is in reason constituted the more durable By this it is plain that all subjection was admitted for protection and that protection merits and may require subjection and subjection protection that this power imployed against the end is in Law that is the radiance or glympse of Divine Reason in man utterly void and all of them intend but the same thing namely publike good although they seek it divers wayes 5. What form of Politie is best THis past I now come to to quaere which of these forms of Politie is the best Wherein I cannot be of opinion that Aristotle onely out of affection to his Pupil raised Monarchy to the top of Excellency for why should he not as well have set his King above the Laws but this indeed he did not resting in a limited Monarchy wherein the Law was the Kings boundary and surely he knew no King limited but in Greece specially in Lacedemon where I take it he was subject to the Ephori and by them to the Ax and the Halter c. I find the excellency of a Kingdom above a Commonwealth rather by not having the Evils of Ambition and quarrels for Supremacy then the good of Common Justice Right Laws and gallant Spirits begotten and educated T is agreed a King is more easie to be corrupted as is and hath been ever manifested in all ages and though it was then preferred as more easie to reduce for few would then stand against publick interests yet now it being made the Idol of vain men and the Christian world wholly o're run with vanity it is hardest to be reclaimed for things are evidenced to be easie or difficult as interests are Yet Divine Providence hath here blown upon all
may not be fit to be made publike yet the winding up as it is evident so the reasons of that issue may as some conceive fitly be accounted of at least to some specially appointed who are to be impowred to that particular end as the Ephori or Spartan Court who judged their Kings Actions the Tribunes at Rome and Democratie at Athens To this it is answered That the condition of the Commonwealth where the Rulers and Law givers are transient and personal are naturally inclined to more equality in dispensations then Kings who wholly labour to bring all to the power of their Successors Princes like them but the sons of the other are like to be under government The other reply that with all men present interest works and power present may if not bound and limited prove obnoxious and for private respects neglect publike profit in the Republike as in the Monarchick State for all are men nay experience hath manifested that many Senators have been corrupted to the betraying their estates to the Empire of a Foreigner never yet a King but to assure his Kingdom and so he was not corrupted The other return that these accidents of the world do not at all conclude more then what was done The ambition of most Princes hath made them true to themselves and the Covetize of some Senators made them false to their Country But the Question here is onely of the absolute judgement of the Supream Power and that is concluded positively to rest there in all dubious matters most unquestionably but for matters destructive to common good or to common Justice or against Reason they are allowed to be accountable Yet it is again replied these were the boundaries before to Kings and are the boundaries to all Powers all have generally broken in all sorts of Governments the examples of submissive accounting Supreams are rare one was found in Rome and one in Greece and to finde two more in all the world is difficult for who as these will be buried and have their daughters married of the publike purse when they have the Treasures of a Nation in their dispose and may benefit themselves much with little or no hindrance to the State Pitty it is the injustice of great men should give such cause of suspition and folly were it while men may not to set a bound and not to set it in the first setlements makes the proposal for the future difficult the establishment dangerous Therefore they propound that the Law be established as agreeable to the light of Nature examples of other States continued experience and not against divine institution The wise and just man will submit to that in himself which he holds requisite to require from an other The Parliament of England allowed the King a Judgement of the necessity but not che sole Judgement but that was because the Supremacy was not absolutely in him and all held fit not to vest absolutely Supremacy anywhere but in Law so that untill established by Law the matter is in question And though the time past when the Legislative power depended upon the Kings will and pleasure by his calling or not calling Parliaments as he pleased there might be some difficulty to settle dubious matters yet that Bar broken where can a let be unless we convert our mercy into a judgement Upon all this it is plain that there are many difficulties in the nature of Prerogative whereby to understand it clearly and truly All States that is the Supremacy of power do labor naturally to advance the so called Prerogative And the people generally ayme as much at liberty but Kings most and they more specially where the Crowns go by way of succession for the great part of personal Prerogative of a King dyes in a State except the Supream power will continue it but then it is requisite in such an alteration to settle justly and remedy fore-experienced and evidently foreseen evils therefore it is requisite that the continued complaints of men especially against the Kings Butlers the Clerks of the Pipe Chequer c. in their fees be setled for the paying and gaining of a Quietus upon a duty to the King is almost as much in Fees as the Rent it self Now I come to see 13. Whether the Supream power can grant the inferiour Prerogatives such as Wreck Forfeitures of Felons Royal Fishes Treasure Trove c. and How NOw for this it is plain first that the Kings have done it and these honours were never denyed for for most of them generally the charge of obtaining was as much to the Crown as the thing it self Therefore whereas they had Officers and Offices in every County attended upon every Court and some special Courts for Sea matters The Kings did give these as rewards to their Nobles and great men within special Precincts where in the primitive settlement of the Nation their dwellings were and so he was discharged of his Officers and the due Courts were let down and the Tryals were reduced all to his Court of Admiralty which as in all cases was and is a burthen intolerable to the Subject and to all impoverished persons Justice is by this turned into Gall and Vinegar especially to distressed persons by Sea for the poor people all along the Coast are like so many Harpyes wreck or no wreck all that comes to their net is fish and thus to save a little charge we are infinitely inhumane but by this it is plain all but the power of making Laws war and peace levying Moneys and some say Royal Mines are grantable by the Supream Power Provided that due means of Tryal of Right be preserved for the publique benefit otherwayes not Some say that this is generally true that is the Supream Magistrate hath power in all Laws meerly Civil but in cases religious or wherein properly the conscience may some say does scruple the Magistrates power ceases therefore it is fit to look a little at that and quaere 14. Whether the Magistrate be Keeper of both the Tables so called THey who make this controversie are not presently to be thought enemies to Magistrates nor enviers of Ministerial Dignity Some have admitted the Popes Primacy who have denyed his Supremacy others have given Princes all power some a Negative but not an Affirmative power in so called Ecclesiasticks or Church matters others take away the Popes Primacy for they take him away equalizing all Pastors and that that speciall designation befits no earthly person others bind up the Magistrates hands wholly some by denying Magistracie others by restraining him wholly to the name of Civils not sufficiently caring for by assured and preventive means those errors which have heretofore clouded the excellency of Magistracie by the pride of Church-men For were inherent holiness visibly and setledly and so infallibly tyed to either of these the Supremacy were determined but while they are all men they must have their bounds and limits Yet in the Kingdomes of the world the
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