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A14280 A divine discoverie of death directing all people to a triumphant resurrection, and euer-lasting saluation. Vaughan, Edward, preacher at St. Mary Woolnoth. 1612 (1612) STC 24596; ESTC S105922 75,056 213

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branch principall and a meanes speciall of that by the which the spirituall policie of the Church is royally maintained and supported and which is in very deed the life of the regall law As the iudiciall law of Moses was the coniunct and the inseparable companion of the morall law amongst the people of Israel so in like manner the politicall law may be said to be arteries and ligaments of the common lawes amongst vs here in England As if it were to say Where there is no political law wisely and mercifully contriued there is no regall law that can be vpholden and maintained take away the one take away the other A king I grant may gouerne regally and according to his will may enforce his subiects vnto obedience or patience yet without Christian policie no kingdome can continue For the order and frame of ciuill gouernment is broken if men may not possesse their owne in peace after a peculiar propertie so is it if men may nor be in their owne houses safely so is it if men mē may not trauel without danger of robberie so is it if men may not haue the free vse of the Sabboths by an ingresse and egresse for the seruice of God according to an vniform order throughout the Realm This I conclude We being defended by the kings lawes from all iniuries priuate and publike throughout his dominions and also hauing vnder his protection the peaceble profession of Iesus Christ in effect then Let vs subiect our selues vnto him as vnto the immediate Vicar or Deputie of the King of heauen The politicall law hath in it selfe these foure sorts or kinds of executions 1. Beheadding 2. Hanging 3. Burning 4. Pressing First the reason of this politicall law in generall or the cause why it hath euer bene held requisite and necessarie in euerie wel-gouerned kingdome it is occasioned or drawne from the foulnesse and most outragiousnesse of some mens nature breaking forth into an hatefull kind of demeanour towards their equals and a treacherous manner of behauiour against their superiours euermore and in all places preferring contentions and warres before quietnesse and peace liking and allowing in their corrupt iudgment deceit and rapine before truth and plain-dealing still pressing themselues vnto the dishonour of God and vnto treason against the king if it may carry any hope of profite or likelihood of pleasure And therefore haue need of such law as may restraine all such or if they will not be so restrained then without all partialitie to execute them The morall law of God the common law of this land do onely manifest and perswade with men what things ought to be done But the politicall law as the law judiciall doth enforce and violently presse men to the performance of that which ought to be done Of which sort of people Saint Paul speaketh as of the Romans Rom. 1.31 Though they knew the law of God that they which do such things are worthie of death yet not onely do the same but fauour them that do it This kind of law may be truly said to be the law of nature to wit a law common to all people where yet the law of God is not in force and duly executed they are a law vnto themselues To be briefe the politicall law is an executioner of the common law and therefore a cause principall and necessarie to haue it and to keepe it in vse Secondly the reason of such sundrie sorts and seuerall manners of execution which are vsed by vertue of the politicall law The manner sort or kind of executing malefactors worthily deseruing the same is not to be found in the grounds of the common law nor in any branch thereof but alway hath bin held as a matter indifferent and to be published and maintained according to the pleasure of the Prince for the time being specially as the manners of their subiects did enduce him thereunto by the cōsideration of the hainousnesse of the fact either more or lesse as we find by the order and maner of Moses in his gouernment which must needs be vnderstood to be figuratiuely related to all other kings and people as well as to the people of Israel whēce they should deriue the substance of their politicke lawes to be cōsisting of iustice equitie and alway vsing the maner the sort and kind thereof as being a matter of circumstance according to their owne wils as time place and persons require As for example briefly The iudiciall law for him that stole an oxe was Exo. 22.1.2 that he should recompence it to the owner with fiue oxen Some kings punish such an offence with stocking whipping some do punish it with banishment and our kings for many hundred yeares together haue punished it with hanging As for murther it was euer in all places punished with death and yet the manner of the death still remained in the will of the king according as the maner of the murther was found to be either more or lesse hainous The Iudiciall lawes of Israel were said to be appertaining vnto them and therefore can they not be said to be broken by vs when as indeed they were neuer giuen vnto vs neither yet made for vs. This doctrine serueth to reproue foure sorts of people The First are those whose nature is so froward and so rebellious that they are no way to be gouerned and guided but by force and violence yeelding rather their obedience and loyaltie to man that onely for feare of punishment then vnto almightie God for the loue of his fauour Secondly those who do most vniustly and most maliciously maligne the reuerend and commendable students of the law and generally all the learned and graue professors thereof being drawne thereunto out of their extreme folly and palpable ignorance or else being conuicted vniustly in the triall of some case through their owne wrong information or want of meanes iudicially to follow it or otherwise hauing had the ouerthrow and conuiction as iustly they deserued by reason of the vnlawfulnesse and vniustnesse of their case being plaintiffe or defendant Thirdly those who do vtterly scorne and altogether disdaine the verie law it selfe And no maruell for commonly they are such as do mocke and scorne the maiestie of Gods holy Scriptures and all the sincere Preachers thereof drawne thereunto as may be thought by a turne sicke spirit of giddinesse or rather from the stirring of the diuell who can away with nothing which is better then himselfe Fourthly those who most vncharitably and without all Christian reason or good consideration do make question and doubt of their saluation who are iudicially executed for their vnlawfull actes As though the manner of death did any thing at all derogate from the matter and substance of faith which is required of euerie one that dieth howsoeuer Or as though he that stealeth or he that murthereth or he that is a traitor were a greater sinner then Christ would or could forgiue or else
gladsomnesse 1 Sam. 25.33 Blessed art thou which hast kept me this day from shedding innocent blond The fourth manner sort or kind of death to wit politicall In the discourse wherof there will arise many dolefull questions with crosse and contrarie obiections made by thē which are perplexed some for their sonnes some for their daughters some for their deare familiar friends some for their wiues and some for their husbāds who before their faces were cruelly executed vnto death which parēts friēds of theirs do attribute the same vnto the rigour of law or vnto the vniust proceedings of law or at least vnto the cruell executioners of law For the remouing of all which vniust imputations as also for the comforting of all such sorowfull soules I will deliuer so particularly so plainely and so directly my mind my knowledge therein as I hope through Gods mercy shall stand them in good stead for perswasion and satisfaction in this manner and method First what the lawes ought to be in generall in a well gouerned kingdome Secondly what the lawes now are in generall inthis our glorious and so selected a kingdome Thirdly what the law politick in particular is in this kingdome for the complainants instanced First concerning the lawes in generall how they ought to be The lawes of all well gouerned kingdomes ought to be grounded vpon diuine intentions and peaceable ends consisting of iurisdiction regall without partiality and of a ciuill policy without corruptiō for the nourishing and vpholding of spiritual iurisdiction tending to the religious worship of God and the mutuall society amongst brethren which is indeede rightly reckoned to be the summe of the morall law of Moses and the chiefest respect of our common lawes The principles of all which lawes also are to haue their fit their conuenient their warrantable application and denommation first to the glorie of the blessed Trinitie secondly to the honor of the immediate Maiestie of the King thirdly to the reuerent regard of his or their substitutes and fourthly to the good of the people in publicke according as times places persons shall vrge their importunities still inferring and extending rules of iustice and equitie thereby making an euident difference betwixt the plaintiffe the defendant and betwixt the iust and vniust because cōtrarieties being layd together makes iustice to appeare the more iust and the same law to be the more commendable and vnrepealable Secondly concerning the common lawes as they are now in England This little Isle of England and Northerne side of the world of which the great Prophet Ezechiel speakes in some particular Chap. 38.2.3.4.5.6.15 hath bene more anciently endued with Gods particular fauors then any other part else of the whole world for matter of his Maiesties religious seruice and for matter of ciuill gouernement in this land now most graciously established All which law is full of profound maturitie full of needfull iustice and full of druine well ordered policies And wheras other nations round about this realme through their owne homebread mutinies and forren deuastations cānot prescribe by any record custome or memorie of man by what law iustice or equitie other then by the law of nature which is common amongst heathens that they do execute any malefactor or inflict any pecuniarie punishment almightie God out of his infinite prouidence and mercie although that many times religion through the corrupt iudgement of Kings and Queenes of this land the manifold sinnes of the people therein were sometimes altered and sometimes quite ouerthrowne yet our common lawes were still maintained and extolled euen vnto this day All which lawes had they not excelled the lawes of other nations they could neuer haue continued without extinguishment without impeachment or at least without some anullity publike indignity by the Kings of the Brittans or by the Kings of the Saxons or by the Kings of the Danes or by the Kings of the Normans euery of which men were verie wise verie politicke verie religious and most admirably valorous which Kings immediatly succeeded one another euer since this Iland was first found habitable In all whose times these our said lawes slorished and by many necessarie additions were publickly enlarged Againe had not these our common lawes bene euerie way besitting the maintenance of Gods sacred and true religion and for the preseruation of peace as also by all former ages since the confusion of tongues left vnto our dayes and times vncontrollable vnrepealable then without all question some one or other of our godly Kings or Queenes would haue established other lawes or else would haue in some sort reformed them But by reason of the great multiplication of this nation and through some disorders likely to accrue amongst so many who would in time crosse and contrarie the true meaning of those lawes our renowned Princes haue onely repealed some few statutes and in stead thereof haue enacted others to better purpose as necessarily was required alway with this prudent prouiso that no law nor statute should be in sence and intendement but according to the rules and former patterns which they had receiued from former ages tending to the true worship of God and the peace of the people So did Alfred a famous King of the Saxons in the yeare of our Lord 880. adde vnto these lawes holy precepts and statutes namely against sacriledge against the violating of the Sabboth against treason against the immodest and vnchast touching of another mans wife or daughter all which facts were euen then held to be most vile most odious and most detestable and yet for all that euen then were they most likely to haue bin committed by many irreligious persons So in like manner Caesar the Emperor before the incarnation of Christ by an established law brought that wife within the compasse of petty treason which was found guilty for betraying the life of her husband and to be burned for the same So likewise the sonne that did betray his father and the seruant that betrayed his master should be hanged for the same as petty traytors all which well contriued lawes are in force vnto this day blessed be the Maiestie of God for it Thirdly concerning the politicall law which is a chiefe part of the common law whence indeede ariseth the matter instanced The politicall law is that by vertue whereof malefactors are iudicially executed vnto death vpon publicke trials and arraignment by witnesses produced and then by the verdict of 12. substantiall honest sworne men The common law whereof I haue spoken doth consist of a law Regall and a law politicall both which were in request many yeares before Christ was borne This law Regall is said to be grounded vpō diuers anciēt customes rules and orders drawne out of the naturall law or as it may be said out of the will of the King be it good or euil which is effected by his auctoritie vpon the subiects The political law is indeed a