forty shillings to the Judge otherwise to the Gaole without mercy of which Gaoles a word after Next this is an ordinary course at least so reported in petty trespasses they declare of course meerly to get Fees upon agreement though they assign no place others having liberty to proceed as they see good and make an end or do any thing which is generally the course of quiet poor people there is favor promised to either party he draws a judgement from his adversary the defendant yet sues on still and brings it down to Trial Per Nisi prius then stops proceedings with saying he will confess a Judgement and enters it the Term after others enter up Judgement without Warrant I have known worse abuses yet but no punishments oft for want of entring a Rule they suffer Judgement Per nihil dicit whereby great and extraordinary Charge accrues to the Client and but small gain to themselves but hereby they pleasure the Officers oft times they plead or confess a Non sum informatus and this without Warrant and then comes out a Judgement unexpected and this dealing is justly suspected of false dealing It was ordinary to enter false Orders false Affidavits imbezle depositions pack Juries draw Witnesses if not make them I know the labour and pains of a faithful and honest Attorney is great and very painful and laborious in running from Office to Office from Clerk to Clerk Officer to Officer Councel to Councel Judge to Judge Court to Court neither do I here question their proceedings who make either Law or constant practice their rule But these rude ignorant young heads who think and make it their way to gain practice to over-reach c. though I in my opinion am as Mountague said of learned Selden an Heretique in the faculty as to the whole managery of the Law who although the Law doth sufficiently provide against which were by the carelesness or faithlesness of the Judges in their trusts through dependance as aforesaid grown to an infinite number beyond what they were I beleeve in the time when by Statute of 33. Hen. the 6. they were limited in Suffolk Norfolk and Norwich where they abounded but they are now bound apprentice to the Trade as well as to tapping whether of wine or beer why not as well to Brothelling and it is thought unjust to put any by his practice though they ruine the Nation by it at least bring a deluge of poverty upon the people Yet these put the Lawyers also upon hard shifts for now the Office of an Attorney is to practice all the parts of a Lawyer he drawes all pleas or generally all but some speciall ones upon some difficult point and in that some one old beaten book-man in a County is famous but for making of Wills and drawing all sorts of conveyances or Covenants with strange niceties of form and cautelous qualifications limitations provisoes and such like none like them they not so much looking at their first trading into reason and solid causes or grounds of things as into the superficial niceties as the readiest way to purchase practice with cunning knaves and most affecting wit and youth and so are drawn into a way of evill before they be aware and after it is hard to reclaim them and for keeping of those pestilences off of England Lords Courts they take all the work which was heretofore the way of educating and bringing into practice the young Lawyer And in these last times there sprung up first under the wings of Noblemen and men of great estate for the help of the Attorney in Judicial Courts but as Attorney in the Prerogative ones a creature called a Sollicitor these men rob both Lawyer and Attorney and all the Subjects They are oft declamed against by the Lawyers but no course taken to restrain them many of them practizing as Attornies under the wing or name of an Attorney what fee he hath thus to abuse the Laws and his own fellow practitioners I know not but many faults and errours are hereby committed and where to fix it is not easily discerned and great men love not to take great pains in such discoveries without exceeding great profit few I fear do justice for the love of justice so that having shifted from Sollicitor present to Attorney absent 't is forgotten if remembred the fault is laid upon the Clerk the Clerk he turns you back again to them instructed him which happily is neither Sollicitor nor Attorney but a stranger unknown or a servant gone But it is objected you have your remedy at Law against an Attorney in any cause against Law So say I but he hath his priviledge that spares charges he hath councel for nothing and cunning so called knavery to boot And lastly the Judge must as much as may be favour a servant of the Court that is he shall have all lawful favour and the other all lawful disfavour and put any Lawyer to sue an Attorney upon these terms and the Attorney will undoe him To pass over the nicety of going to issue pleading specially when the generall issue would serve the turn or such like nor to shew how many several sorts of delayes the several Courts admit I shall shortly come to the tryal which is either in the ordinary set places as the Courts at Westminster or per nisi prius where there is such hudling shuffling quircks of law unequal hearing and both for honour as the Kings or Queens Councel order as Benchers c. except favour step in and then the son of a Iudge or Kinsman c. must make all the Councel attend till he speaks nothing to the purpose too too often so that I have heard wise and learned men profess they were ashamed to see great men and Favourites manage the business out of all order and rule of law while they knowing in practice as they term it that is versed in the Ministery of the cause could not be heard a word as if they were retained only to hold the paper and cry My Lord 't is truth there is another reason in it which is they have such multitude of Councel that all cannot speak and the great men must speak best reason for have not the Prince the choyce Some indeed either would be heard through boldness or must be heard through necessity as undertaking Cases which others either durst not or could not as Holborn with that noble Judge the Lord Chief Iustice St. John in the Case of Ship Mony and this was a step to advancement if they shewed ability and could turn with the tide or were thought fit of for some other by-respect as to have their mouthes stopped against Prerogative and opened as far as the Law would admit for the Kings advantage Thus were learned Calthorp engaged and the foresaid now Lord St. John though as I have to his honour be it spoken heard it credibly affirmed he denyed to be the Kings Servant upon the Lords day at
by so many daily fears as the power of the Roman and the Tyrany of their strange King put upon them and the Scripture notes of divers to whom God had imparted a true understanding of the light of prophesy who kept continually in the Temple and served God day and night with fasting and prayers looking for or expecting his coming and no doubt they had disciples abroad who being instructed by them had their hearts prepared to believe him though no outward form beauty or comliness as others thought appeared in him So that their expectation was general but each one after the rate of light and knowledge true or false which was impared to him or he had received under his Rabby who read the Law to him who were of several opinions not altogether dead yet as Pharises Sadduces Essenes and these again subdivided according to the merit or acceptation of the Rabbies or Doctors of the Law The Temple was in respect of the legal strictness polluted the whole law by these interpretations instead of Gods rule become mans Fancy or at best his precept for all was now grown into the vast Ocean of subtilty of conceit and that Rabby was most venerable who could flye the highest pitch in sublime conceits so that the pure Law was made a puddled fountain and the spiritual heavenly meaning was lost in carnal voluptuousness and self-endedness there was great learning never more but never to less purpose much praying and fasting Ashes and Sack-cloth yea and besmearing their faces to suborn humility but all to hypocrisie and yet sure if in Esays time they Justified themselves against God as impotent that he could not see their fasting nor humiliation and soul affliction nor hear their prayers nor answer them by deliverance as in the fifty eighth of Isaiah then much more now when greater mercies were expected and longer time had revealed more light but they did all for pretence this and almes and all to be seen of men to devour widdows houses and enrich themselves though the whole State were beggered eager and strongly contending for priviledges but still to better themselves though greater losses to the publike accrued condemning their fathers and surely the ten Tribes their brethren who were before carried captives by the Assyrian and placed beyond the great River and justifying themselves as holy in that they built the Sepulchers of those Prophets whom their fathers had slain And by this expecting the Messiah and by him deliverance and this was the state of the Jew at the birth of our blessed Saviour born of Mary at Bethlem of the Tribe of Judah of the stock of David yet as not owning inheritance in the world brought forth in an Inn his Cradle a Cribb his consorts the Ox and the Ass the room being no better then the stable yet where God stirred up the hearts there was he worshipped by Kings if not by wise or learned men of great esteem sought to be slain flyes into a strange land and then is brought by his father to a mean village where he submitted himself to all the laws which his servant Moses had delivered not only in the circumcision of his flesh but in fulfilling the whole law and that not only private and domestick in his obedience to his reputed father and his mother Mary So that he was called not only the son of the Carpenter but the Carpenter untill such time as he was called out to his Fathers work which was first at twelve years of age to the astonishment as confusion of the Doctors which was Gods Act of preparation to those Rabbies had they not had eyes that they might not see and ears that they might not hear because the Lord would condemn them but also in the publique administration of the Jewish law appearing by his going up there to the Passover and that not only to his God as man but to his Prince yea though a heathen a stranger giving his tribute to Caesar he had also a fore-runner John the Baptist in whom I must observe that he preached a new doctrine viz. Baptism yet even the rulers went out to him and though he in his preachings shewed the error of the then sort of teachers he was not meddled withall nor opposed much less imprisoned But now when Christs time was come to preach I pray let us mark his behaviour first he goes to John and is of him baptised and then recieving a testimony from heaven to prepare the people to recieve his doctrine he then is carried into the wilderness to be prepared himself by temptation whereto his manhood in it self was subject but by the Godhead sustained and this finished whereby he was approved he now sets upon his work for which he came and as a Doctor of the law he preaches or declares the minde of his Father John he begins in a strange place the wilderness and he cries Prepare the waies of the Lord make his paths straight the Lord Jesus he follows and in the land of Zabulon in the City Capernaum the obdurate people had need of redouble blows he preaches and sayes Amend your lives for the kingdom of God is at hand and then he chooses or calls to help him in this great work of reforming sinners and that of the greatest sort poor fishermen surely as rude and ignorant as the rest in ordinary and these he makes his partners in the work and now instead of expounding Moses law according to the order of the Scribes and Pharises in the Synagogues of the Jews places of publike meetings for that end but alwaies intended for the service of the most high and true God by the Jew he preaches the Gospel of the Messiah and withall healed their bodies no doubt to intimate that what he preached of the blindness of their mindes was not only true but that he would and could heal these also he being for that end come into the world and now his fame of miracles and salvation to the body being spread abroad he hath great renown and glory for such benefits are quickly resented and now this preparation made mistake me not that I think Christ or his doctrine had need of any outward help in respect of his power who could of stones raise up children unto Abraham but in regard of his will it being so by the Almighty wisdom pre-decreed that all things in ordinary course should be so carried that no man should without his Spirit see that good or evill was to man but by means though the wise man saw the contrary he divulges his Gospel full of inward rayes of divine wisdome and magnificence but averse to the then recieved doctrine the interest of the then prevalent party or factions the Pharises and Sadduces who had the trick of this age to count all gain sweet and were not by words to aggrandize that sin which was high enough in it self no better then hypocrites even the best and strictest of them for so our saviour
pleading to the Jurisdiction Next by denying himself to be the party with multitudes more how evident soever Which Laws in the letter being taken advantage of as one for example one first called said nothing then shewed his name was not John but John-as Jenkins therefore not the party indicted That amended the Clerk goes on John-as Jenkins of c. he answers not after much debate there is two Towns one Hoph Pet. the other Jo. and the Indictment is general he knows not which that agreed on then his addition is mistaken as he is Baronet indicted Knight or Knight and Baronet but all agreed on he is then to plead and to this he pleads First strange dilatory pleas as that the fact was done in another County c. These breeding great trouble and great delay were both in Civil and Criminal cases in great part rectified but so jealous was the Parliament ever of the thing called Priviledge that all was never done though it may be the greater evils were removed so that there are causes enough still to dally in Law to general disadvantage of honest and publike good and no liberty but of general capital offenders Now the reason of this was evident because the Subjects Liberty was by Princes sought to be totally enslaved the best and wisest were most active in opposition and to save these good men we ensnarled the Law and till now had never opportunity of rectification if yet we have this seen by the Crown side they engage three wayes by Judges absolutely depending A Jury of Conformists and the general Plea not guilty And thus Prerogative and Priviledge fought And surely the Law holds forth matter so clear in the Year-Books on the one side by Presidents Rights of Supremacy dispatch of business c. On the other side by Presidents reason of Priviledge for safety of Life that the controversie seems endless and yet Justice is plain let him plead not guilty but withall give what other matter he can in evidence which the Court ought to accept and upon the whole matter to give judgement hearing himself and Councel which surely if in any other Cause Matter or Plaint a Subject ought to have then much more in case of life especially if the Law favors it and more especially where the Judges are the meer Dependants of the Prince or State which jealousie cannot be satisfied without if withall other things can be supposed any way requirable and therefore it hath been accounted for Law that the Jury were not barely Judges of the fact but were surely intended as a barr to Prerogative in some sort or dependance thereon for they may be without all doubt so far Judges as to finde the matter specially will the Judge or nill he and if themselves will venture an attaint may be Judges of the Law indeed against the plainest evidences So that it is evident these questions are easie to be controverted and hard to be determined yet not in themselves but only because of the divers interests in this as in most matters in our Law wherein the Crown had any hook according to the prevailing of their party having laid foundations for their own benefits and advancing their particular designs which is the first rise of the controversie about the Militia which never was in England in the Kings hand otherwayes then that of Tenures the posse Comitatus being alwayes the proper defence of the County and not subjugated to the Kings will or Royal Commission Now the reason was War and Peace was nominally in the King really in the Subject because of Moneys which could not be charged without consent in Parliament some upon this ground a Quaere of main concernment Namely what are the Laws of England or where to be found Some as I have said answer the Law of God others say excellent reason some the Law of Nations peculiarized by use others say with the Lawyers That the Law of England is founded upon the Law of God the Law of Reason principles called Maximes Customes not contrary to reason received time out of mind and proper quarto modo to the people of the Nation Statutes and the resolutions of the Judges To this it is objected that these generals teach or edifie not what the Law of England is For the Quaere is If the word of God whether all or part if so the infallible or at least certain Rule pleadable to know which part they require the like certainty in reason and the Exposition of Principles and Customes for they say all these must solely depend upon the Iudges and then the Law in their opinion is wholly Arbitrary for if their only word makes it reason and their only word determines the end and meaning of the principle and so whether custome be good or not then it is meerly at the will of them and this they say experience manifested in the great Cause of Ship-Money wherein had not the Sword been the better Arbiter of their priviledge the sentence had been irrevocable to enslave them all to the King Therefore they say there must be common reason or some head-Rule which must judge most excellent reason not that they intend vulgar decision but a judgement must be tryed by its conducing to publike good The Rule is Good the more general and common so much the more precious and from this they conclude all these heads of the Law of Nature or Reason Principles or Maxims and Customes to be all the same with the dicta sap or resolutions of the Judges and then whose creatures they are and from whom they have their honour pay c. to them they will be bound which they cast not by way of odium upon them but common to them with all men to enforce and improve all their abilities by the first principle of nature to the preserving self and this they do and better self in advancing the Title and Interest of them upon whom they depend But they say this is as fatal a hawk to liberty to have such an absolute dependance upon a State as upon a Prince tending to the same end of enslaving the people Yea reducing a State from a Democracie to a Tyranny as well as from Royalty to Tyranny for they say they have heard from Lawyers and it is a general complaint That the Laws of England are they know not what at least a wise or so called Politick Judge may make them so and that this is easiliest done in matters of highest concernment Take them to be the Law of God no such matter where is ought according to that rule They exemplifie in Henry the Eights Law for marriages made meerly for private interests and now for the same neglected for Gods Name is scandalized prophaned blasphemed and not regarded horrible adulteries and some say incests unpunished Yea all the rabble of Popish Episcopal and now so called Presbyterial Professors that is the baptized Christian are guilty of walking clean contrary to their profession
to endure no longer then the time Kings and Officers have made great advantage of these unjustices to the insupportable dammage of the Nation and ought speedily to be rectified and all Grants Charters Usages and Customes to that end to be void So have some Lords of Mannors holding originally of the Crown as it is called as of the Dutchy of Lancaster got such priviledges as they are called which ought not to be nor may by just Law for that such priviledges are dispriviledges to the whole Community opening a door to injustice and irregularity and consequently to bondage for all may be freed from charges taxes services and the like as well as one And to say it is to be presumed the Supream Magistrate will not do it is vain they have abused themselves and many subjects much who have paid largely forsuch grants and after the Princes have been forced to plead they were mistaken in their Grants and the poor men have been left remediless for their purchase money In the last place it is fit that all visible personal estates be rated as they appear and people visibly rich in Apparel House Houshold-stuff Dyet c. be esteemed as they esteem themselves Now the end of all Fines ought to be the defraying of the publick Charges of the Nation City or County and the Offices there respectively and to make these certain by composition must be as experience hath manifested the inlet to greater corruption and abuses and though other Ages having seen the evils of the old way of composition-evil deserted that and therefore gave Fees at large presuming they would take their salary and fees besides yet it is manifest it was the evil of bad men for the other is the best Law and punish strictly and fear not you shall have Justice exact The Magistrates Power and Duty as to ordering of Families THis Power hath divers objects as between the Husband and Wife Parent and Childe Master and Servant and so contrarily and also the Master of the Family and Strangers It is very requisite to be very wary in the head Law the Lord God only gave the power to the husband generally Now the exercise of that power in the Jewish state was Tyrannical and absolute and ended generally in divorce and what needed any inferiour Law where the head Law was so Magisterial But this being either obsolete in it self or made so or both and really the Lord Christs words intimate no separation except only for Adultery and that exposition is the foundation to many as they suppose justly not to make Adultery death for if so what needed divorce but this is omitted here and we proceed Let us see what is the Law of the Gospel truly it teacheth a duty and obedience beyond what the rudiments of the world enable unto Our Common Law seems to me in something too divine as I may say As for example it will not admit what we evidently see viz. that a man cannot rule his wife there are women which will offend the Law against the will of the Husband and indeed it is visibly not in his power to help they will not only sell and give his goods but break spoyle mis-spend c. They will some beat the Husband some cruelly mis-use the children c. and no way to punish them but the good man is answerable for all I know the wretchedness of many men but there is a little weak Law against them Let us also have some Law publick for the women with that tenderness is fitting to conjugal Societies but there must be an aw in some one or more Magistrates even to bridle such exorbitances and neglects on either side and make due a provision in all cases and that wisely and speedily or Divorces indeed as usual will be multiplied and from thence Fornications and Adulteries clandestine and private make what Laws you can though a legal divorce may be waved Next as to children there is no due aw and respect of or in some nay many Parents the duty of the sense of education is wholly lost there is nothing but rude and exorbitant loosness not only Parents curse Children or provide not duly for them but Children the Parents and for want of a head Rule no question is made more of this then violences in any other relations Now in case of such Rule it is fit to proceed by a more particular Law for if upright knowing zealous Judges be not there is no right therefore it is fit to make these Laws Oeconomical more particular then others Again as to Parents neglecting the due provision for their family the Magistrate is wholly beaten out of it The rule ought to be that the Magistrate might take cognizance what a man can earn if imployed next that he and his be set on work and thirdly that he doth not nor shall mispend it but that the house-rent and all be carefully discharged and then where labour fayles to be supplyed by the publick Purse Next for servants not each one that will to entertain servants unless visibly able to maintaine and imploy them for otherwise there will be many sluts and more Thieves with multitudes of Receivers which the Law can take no notice of This Law must extend to all sorts of servants which have not estates to maintain themselves visibly otherwise there will be from the neglect in one a visible carelesness towards all Let no servant under a penalty be hired but with a publike inrolment in the Town or Precinct Parishional or otherwayes however neither dismissed or to go into another Precinct without License of an Officer in Writing this is the Law of England at present onely carelesness of Magistrates admitted pride to grow too fast in servants and then all was omitted and this is a main inlet to Confusion It is also fit strictly by a sworn Officer to keep the Records of the Birth of Children for the Age is now grosly mistaken and no ascertained way of probation with a small fee as a groat to the State to pay the Officer for enrolment so much for search so much a Certificate For that of Strangers it is to settle a little better the power not only of the Master of the Family in general but particularly of those who either by profession are Inholders or others like them upon other accidental occasions who now are by some persons made servants to their Lusts and have no power to bridle exorbitancy that they can know for to speak once for all it is not enough some wise learned book-man knows all these Laws or if all the so called Lawyers did the Christian Law must plainly and perspicuously hold forth to every man his certain known and assured duty and power in their respective places or the guilt be it blood or otherwise I fear lies especially if not wholly at the Supream Magistrates door VVhether the Magistrate may appoint the Ages of Marriage And to whom the work of the Marriage belongs
necessary well being of a Common-wealth Let the Magistrate neglect a due care in this But I presume it is fatall however let not the cloathes and colours which are the Ensigns of Majesty Honour and special Vertue be made not onely common to mean men but their ordinary Liveries and for servants of all sorts let their Rules be set and let others do as they will so it be ordered that they bear all publick charges at their rate of private expence Whether Titular Honours be consistent with a Free Commonwealth IF it be supposed that the Quaere be whether the Commonwealth may admit them or that they be ruining of such a settlement in themselves It is not intended to bring it into controversie the Magistrate may do it and the State may yet stand but the Quaere is onely of Prudence For the honours being hereditary and native from Monarchy their tendency is thitherward and while the root remains and hath but any sap there will be sprouting each day which will labour a re-establishment so that prudence in a resolved Commonwealth would not so much as in any case but that of necessity grant such Titles to be at least claimed of right but let only vertue proper exalt the man and then a Commonweal of all settlements is the most happy establishment which God grant may be first held forth then practised and that will assure a lasting Government for the shattering of States is Pride and Emulation of Competitors for principal management which in an interval of peace is as natural to natural men in such a case as Sweating What to be done in Cases for which no Law is set or the Law clearly abused annulled and antiquated SUurely there is no offence no transgression but it falls under some Head of general Law yet Circumstance may aggravate it so that to quash the thought of it in the corrupt heart of man there is exemplary punishment requisite upon this account The lying with a maid-child under ten years of Age consent or not was justly made death But put Case as trial was A man abuses a boy at the mouth whereby the child breaks out with pustules c. in the letter it is not Sodomy Buggery c. for which the Law provides but a filthiness of a worse nature so some of the old Earl of Castle-Havens abominations so the business so called of Mopping in Star Chamber tried in an extraordinary Court and brought in upon a challenge between two at least one great spirit This for criminal matter so for all defects and deceits which be remedied by Statutes Supplemental so called of the Common Law that is since it was presumed that there was no Law for which there was not an adjudged Case in the Year-books leaving the Rule of the string to go by the bow or in some things which ought to be remedied but now cannot as for example A. sojourns in the house of B. his Nephew A. hath divers Nephews and Neices upon whom he would settle his estate being old crazie and not able to stir abroad B. finding his Uncles and Kindred to endeavour a just and equal settlement according to A. his intention they come to A. for that purpose A. gives it under hand and declares the pressures of B. to settle all upon him and that he knows B. will make him alter all to this weakness hath Age brought him B. after this shuts the doors against Father Brothers Uncles Friends and all and will suffer no one to see A. or speak to him the Magistrate is complained to he hath no power A. is thus imprisoned it is fit to be provided that the Magistrate should take a sworn Clerk and make A. his Will not to be altered but by the Magistrate sent for by A. but it cannot be done that is lawfully and A. is now kept a prisoner till death his estate as informed all seised and converted by a debauched man a rebellious disobedient son and ungratious Nephew Thousand such things are which while the Magistrate is tied from the Rule by particular Laws lay as heavy judgements upon the land especially upon the Supream Magistrate who as a wise and good Physitian ought to have a salve for every sore The Rule of Law is Quae sunt minoris culpae sunt majoris infamiae these things which are unjust while profitable and unpunishable are the Tetters of the Common-wealth they do spread daily Therefore it must either be resolved the Magistrate in Ordinary shall punish them as the Cause is that is under the Rule of the head Law if plain or not criminal or criminal respectively otherwise to attend a meeting of divers Judges or the extraordinary Judge for Criminals and in the mean time to secure by bayl or imprisonment as the Case requires And this must be observed no Judge to be punished for want of Form if the Act tends to the speedier settlement of the Commonwealth and doth the Act in person Whether Duels be lawful or not and other Trials by fire and water c. As in the trial of Witches suspition of Adultery c. and all doubts I Shall first treat of Duels which is without question unlawful in all Cases yea of the greatest doubt But first to speak to plain Cases most of which are disgraces affronts c for which the Law gives none or not considerable satisfaction or reparations Now it is clear in Law and Reason that when words and signs become dangerous and prejudicial the Magistrate ought to provide accordingly to repress King James made very rational orders in the very cause of Duels but saw them not executed which disgusted the most discreet spirits but it was evident the catch was but to halter the great men in the Springe of the Star-Chamber Law such policies never throve yet Piety when the end is Gods Glory with the peoples good not particular persons interest is the best policy Let therefore the Magistrate no longer count words light while they bear the weight and price of blood but repair every breach give a just recompence for every loss and then punish transgressors severely in such Cases for many think they may justly become their own avengers where thc Law affords no remedy The example is evident in stealing Dogs so called for pleasure which hath cost Lives and Ears The Lord Marshall did take notice of some of these matters but not all and that with such delay and difficulty that the parties were better try it shortly therefore for all words give speedy remedy let the complaint come presently to the Judge and receive a trial accordingly as the Supream Magistrate shall order For the second part which are difficulties suspitions c. we have no infallible word to warrant it the practise arose rather from Heathenish Superstition then Christian Faith therefore we are to leave them to Gods judgement and settle the matter rather some other way as of lot in Case of doubts in civil claims which
English-Law OR A Summary Survey of the Houshold of God on Earth And that both before and under the Law And that both of Moses and the Lord Jesus Historically opening the Purity and Apostacy of Believers in the Successions of Ages to this present Together with an Essay of Christian Government Under the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace Emmanuel Isaiah 1. 24 25 26 27 28. Ah I will ease me of my enemies and avenge me of mine Adversaries I will turn my hand upon thee and purge thy dross and take away thy Tinne And I will restore thy Judges as at the first and thy Councellors as at the beginning afterwards thou shalt be called the City of Righteousness the faithful City Zion shall be redeemed with Judgement they that return of her with Righteousness The destruction of the Transgressors and of the sinners shall be together and they that forsake the Lord shall be consumed Isai 2. 3. and 5. Come ye let us go up to the Mountain of the Lord c. and 5. Come let us walk in the light of the Lord. Only by faith â— G. sculp London Printed by Robert White for T. G. and Francis Tyton and are to be sold at the Three Daggers neer the Inner-Temple-Gate 1651. To the Family of God over the whole Earth but more especially to them of the Houshold of Faith in the Commonwealth of England ALL who hold the Christian Faith do beleeve that as the world had a beginning and was a created substance so it shall perish and come to an end or be changed we seem not only to be on the last foot of time in this our Generation but having stood 1650. years upon it we have many thoughts of heart-longings for the glorious appearing of the Son of God Many expect him visibly to raign here on Earth in person and that he shall be glorified even where he was crucified Others look for a Kingdome of Righteousness a wonderful light of Truth to be manifested glorious out-breaking glympses and appearances of the infinite wisdom the brightness and evidence of which shall scatter all those clouds and dispell all those Exhalations which have mis-led us in the walkings of Christianity the false Prophets Clouds without rain and Fires without heat which have appeared amongst us A people in this Nation hath had as great testimonies of this as any people extant on the Earth The Power of the Almighty hath visibly appeared here these many years scattering of Truths and revealing hard sayings and giving to understand things that were hid for many Generations though according to the wisdom of the Father he hath dispensed divers gifts and that there is much of controversie among us yet if all be really for Christ and the increase of his Kingdom what matters it Let but all this move and incourage each in his place faithfully to labour in the Vineyard of the Lord. The Master is expected how he will come le ts not wrangle about nor with whom Let 's all high and low as we profess to expect his coming so prepare for it Assuredly he will then come to us in his glory or take us to his glory Therefore all you that in sincerity profess Christianity rowze up your selves listen to the call of the Lord He hath call'd afar off in Germany he hath call'd at home both here and in England and Scotland hear his voyce prepare to meet the Lord your glory Hitherto Christians have been the shame of Christianity and Gospellers the scandal of the Gospel There was a fatall and general Apostacy faln upon her who called her self the Spouse of Christ she as Aholah Aholibah played the Harlot and though she here with us in England promised to return yet she kept her Darlings still if she parted with the Assyrian Adulterer she kept the Syrian God will have no mixture with Idols England hath long desired a thorow Reformation Let no man boggle at the work if another desires more then as some of you did 20. or 30. years since why may not God have revealed this to him and closed thine eyes now as well as he revealed his will formerly to thee and shut the eyes of others Heretofore God put mean men only upon the work here and there one now he hath put many and great men upon the work and what ever spurs they have yet Christian if they drive on Gods design lay thy hand on thy mouth and only admire how God brings things to pass what he intends Some men are so rational they can see nothing of providence reason devours Religion and they are afraid lest they should happily find or be found of God in a way they expected not they wholly trust to reason and will see and feel or they will not beleeve Others are meerly sensual and in the muddiness of their temper follow sense only because reason is so various as many opinions as men even in things not above us This is the main basis of Atheisme shun this Scylla and that Charybdis and understand All Gods wayes are not only prudential but providential and God assuredly speaks both ways He that improves providence to Lust Error and Transgression against the evident revealed will of God is like him that because he hears of Election sins at liberty which is a mark of Rejection He that in doubtful things in streights for God his glory his Truth and Laws the purity of Righteousness in simplicity eyes God with constant and fervent prayers walking humbly and watchfully over himself and all that partake with him spying what leads and misleads and searching all interests casts all away all but that of the Lord and his Righteousness Surely he is like him that hearing of Election and not knowing who it is yet beleeving not only the truth of it but blessings appertaining to it saith I will seek if happily I may find I will knock because of the promise and such are assured to enter life eternal Now all you that have in your eye the expectation of the glorious appearance of the Lord Christ in your several stations Parliament Princes and Nobles Army Judges Officers Magistrates Rich men Citizens high and low Rich and poor one with another despise not my weakness inability unworthiness eye not my life past or present but look to what I say and as you find it bearing the mark and character of fervent truth accept it if you doubt labor satisfaction privately if you spy an error rebuke or inform me with Christian wisdom and sobriety my zeal for Gods cause not self-confidence hath put me forth to the work and I shall willingly learn and bless-God that makes me know his will yea though by my failings so it may work to the encrease of his glory and propagation of truth Amen So be it And first give me leave to speak a word to you that have at present the Supremacy of Power
malice of the enemy subtil to deceive they generally drive at two things Community and Parity the one against the Tyranny and Oppression c. of great men in power the other against the covetize selfishness luxuriousness c. of rich men Now these things O you great and rich men do most assuredly as you rightly conceive tend to mutiny to nourish feuds and envyings betwixt the multitude and you All that I say is remedy not these evils by worse you know what Beast you have to deal with it s of such stomack and force that Prudence must have the honour of the management if you subdue know its but by a part of the Beast you must admit the Allusion and what in the winding up hath been the issue of these things the Pretorians at Rome the Mamelucks in Aegypt and others now testifie Consider therefore what you have to do God hath set all these as signs and tokens to you if you fall the evil is of your selves your improvidencies lightnesses and instabilities your odd and incertain followings of providences evidence your fears those your doubts those the error of your principle all things work contrary O that every interest now could lay it self down at the foot of Jesus and say I part with all for thee and then take up all it hath as from him and of his gift and be ready to part with it to morrow Should we then live as we do now How many would then give to the poor to day lest they should have nothing to give to morrow How would they then not delight in luxurious Apparel Housholdstuff c. wherein multititudes of riches lie dead and buried lest another should enjoy them to morrow I know this to some melancholy spirit may give occasion to think I aim at or give too great footing to Community and Parity for they should in such contemplations cast away all but I speak to the setled Christian who knows its lawful to use the world but all in due order and as its lawful to recreate but spend more time in prayer then in playing so it s lawful to rejoyce in and to have that we may rejoyce in outward blessings but glorifie God with a greater portion to the poor then thy superfluity amounts to I intend a due and just reproof to excess and prodigality Keep not all horses and doggs some poor not all in cloathing thy self some to the naked and thy self with moderacy and yet if thou dost these things thou meritest not Heaven but thou avoidest the scandal of men Now that this is not done is the fault of the Magistrate O Watchman its thy duty but thou settest up for favor and by-respect lazie idle and ignorant and some evil Watchmen therefore the work is not done and that thou mighest trust these thou madest thy Law to extend to each matter or so intendest and this was for two reasons one that fools or any might not err for the Letter was their guide the other that they that would abuse their power might not and by this not having each week a new Law as occasion grew Justice and Government is lost for act by these particular Laws who can in one hundred thousand things justly requiring remedy The poor are thus sold for less then a pair of old shooes If you would give a remedy to this authorize some few or many who shall examine and determine all actions by or against any person not worth an hundred pounds for no Tryal can be under twelve pound and the eighth part of all a man hath indeed of the thing in controversie to be spent in trial of whether my horse be mine or thine my knife nay the sheath of that knife is a woful thing in a Christian Commonwealth I shall not declaim against it but onely say its contrary to the worst of Heathens proceedings I intend not to make the wound wider while I desire healing the difficulty seems to be onely to perswade men this is a wound I have been as lenytive and gentle in opening this Orifice of the ulcer of the Law and its practise as may be I acknowledge it my Profession not my Practise and I account this according to the Head Rule of Englands Law rather the Practise then the Principle the error of Custom and interest from men then of the Law I hold forth nothing for Law which is treated of in the Laws of England but according to the general rule of that Law holding nothing contrary to the Law of God or just reason to be its Rule all which I am ready to all or any particular to manifest when ever called thereto And now I come to speak one word to the people You are of many sorts and many interests you have but as I find the worst and wickedest as educated professing Christianity I advise you first to labour as such to approve your selves you have its probable been most of you Baptized the Covenant is indelible after once you have I say not been Rebaptized or Baptized with the Spirit but owned that Covenant in the name Baptism you are a debtor to the Lord Christ of all the duties of the Gospel This then O poor Christian goes far it s the Magistrates duty to rule well so 't is thine to obey well 'T is the same with you as with the people in Christs time when the great and powerful men speak the Law and hold forth duties of Righteousness do as they say however they do It s the Magistrates duty to hear and receive in a right way just things from you and by the implicite Reason of power onely to vote them unreasonable and scandalous is unsatisfactory but if they do so remain you in your integrity break not out against them untill the Lord shall open a way he will do it in his due time go on and satisfie thy soul in thy own righteousness I say so Comfort thy self in the mercy of thy God who hath given thee to see others failings and though thy condition be poor and needy yet break not out This I say of this great scarcity which hath faln upon us wherein I believe many have perished yet the evil hath light on the rude stubborn disordered poor against whom mens bowels have been shut up walk therefore according to the condition wherein God hath set you exalt not your selves against great men no nor against rich men they will be too mighty for you poor and proud is a high judgement it brings misery with rejoycing I know many of your souls die within you when you see the wicked full their eyes stare with fat you wait upon God and your children famish yea many hence think God regardless so unjust at first at last deny him Fools know 't is his Wisdom he punishes or tries or both he punishes the body in the want of temporals for breaches of duty to thy brother neglecting the creature or abusing it and the Creator in it He tries
thee for his glory was he unjust in his dealings with Job then note that poverty is no shame Christ hath sanctified it no nor death no not on the Cross if as Christ the Captain of our salvation thou beest made perfect through sufferings not so if thou blasphemest c. And now one word to the Teachers of the people Take heed to your selves lest while you preach to others your selves become not castawayes Some of you call your selves still the Clergy I pray evidence by what special right or title next you claim special Ordination pray agree to what end we are jealous of a many among you that would ingross all knowledge of the Gospel by as gainful a Trade as others did and do the Law Briefly thus If you have an infallible Word shew it if but a humane and that that be attainable meerly or more especially by Learning and that by disquisition knowledge shal encrease then shew how parts and graces are distinguishable and whether you wil quench the spirit altogether or allow it altogether or what or how tel me why a brother a member of the congregation by them approved may not improve his Talent to the edifying of his Brethren as well as a Batchelor of Art or Master before ordained as you call it Common Place as you call it and that often more sorily then an honest Bibling brother that never came at the Colledges though at the Schools of the Prophets I cannot disallow Pastoral designation and so in order from Pastoral or Teaching abilities but to rest in designation any more then in ordination is incongruous I know this opens a gap to fears of maintenance but I see none justly I pray God your standing off open not wider ones If you be not the chief you are none what is the cause of your contest I profess I am not prejudiced against any person I have been inquisitive into intendments and I judge the tree by the Fruit may not man do so is it not consonant to reason When do you leave your Parishes generally but to get better greater Livings you have made the notions of the Religious a call from one people and assent of the other call but stales to your additional maintenance I agree maintenance necessary but I dare not boggle with the things of God speak right out eight score be it so is but sufficient by the year to maintain any Family and till I come at that I will not hold me to any call you dare not do it abuse not your selves many see it say not else you can have so much in another place This is the beautiful Harlot your hot and eager disputes are the Alarms to our continued feuds I cannot speak this to all for there are some who imitate as much as this Age will permit the example of Christ their Master and what ever their opinions be in Politicks they submit to the Powers for conscience sake and what ever they may think they unrake not the coales of dissention much less will they blow them to a flame here are all our griefs here is one wound so long kept open hereby is all obedience in all degrees lost and extinct no respect of Magistrate in any degree the truth is the unfitness of some Magistrates in not having abilities and of others in misimproving them and so of Ministers hath heightned by a just judgement the evil of contempt on all sides the retaining and so eager seeking unwarrantable interests will make the Callings I fear suffer by bringing all into question my reason is This hath been Gods way here now and before As all things necessary to salvation are through the goodness of God plain and evident so all things necessary to righteous Government what Magistrates stumble at is the perversness of people in pursuing unjust ends to or against their fellow-brother but especially in cutting short or tying him up too strictly in the requisites of honour order and maintenance and that for the Publick The people stumble at the Magistrates evil using and greatly abusing his Trust and power to self-interests professing for the publick but intending and visibly bettering self It s a received Rule The disease is more then half cured if the true reason be known O you Magistrates and Law-givers you have the first part to act be you righteous evil and disordered people are the manifest tokens of a loose negligent Magistracy It s evidently easie to settle a Nation more numerous more disordered from ignorance and will then this is in the time we are discoursing how far the Magistrates power extends in Religious things or in a Politick consideration what shall be done when the Nation is setled before the settlement be made or agreed upon let 's not to avoid the evils of the worst of Levelling so called give advantages to their designs or proposals Let 's walk so that we may by reason as well as power maintain our proceedings before we undertake le ts resolve to prosecute or surcease upon evident and publick reason the want of this hath disobliged more then ever the Covenant or Engagement bound And as I begun with you in Supream Power Civil or Military or both so give me leave to end when you first engaged when first you began this great work of Religion and Publick Liberty how hot and spirituous were you when great oppositions and many designs were on foot how watchful when you were running for the Goale and striving for the Mastery yea as your selves said venturing for your own Lives and Liberties how regardless of bare forms how then could you look at publick good in the nighest safest way you could then lay out your way besides the common Road without the formality of suing out an Ad quod damnum yea what strength of reason could not untye the Sword did cut Thus are the burthens snares and vexations of truly religious people gone as to the conscience Thus far you have been sincere in your Obligations to God be also as faithful in your Trusts to the Nation I would not have Judges taken away root and branch Judges are found in Holy Writ yea such in power and Authority as we desire to have we desire Justice should flow like streams and Righteousness like mighty waters the want of this impoverishes the Nation I am in such place that I see and know it yea I beleeve let it be rightly scanned it will appear most costly more ruinous and more enslaving then two such Armies and as now practised more intolerable then an universal Toleration so often charged upon you Now the Lord God of hearts lay what is written to all your hearts and grant that you may go on as you have promised namely according to the great Trust that is upon you from the people you proceed in procuring common good which is the true and ultimate end of all just Government and by a right aim at that direct all your actions and not cease to improve
in Germany and England ibid. William so called the Bastard or the Conqueror admitted King of England his claim his reign ibid. His politique settlement p. 24 His successors tyranny p. 25 The opposers and how quelled ibid. The gate God opened for freedom p 26 Magna Charta and Charta De foresta granted ibid. The Pleas of Kings against them ibid. The Judges and Lawyers absolute interest serving Kings tending to enslave the people ibid. Some Judges hanged for it ibid. The contest briefly examined pag. 27. Why the Pope suffered these contests ibid. The Popes policy to avoid Reformation from Princes ibid. Gods witnesses against Romes signs and her dealing with them ibid. The Pope and Princes strengthen each other pag. 28. The Kings of Englands best title is from Parliamentary elections and the reason ibid. Princes liberality to the Churches ibid. Parishes erected ibid. God still raises up witnesses against Rome ibid. Incestuous Marriages from the Popes dispensations in most of the chief Families in Europe pag. 29 The Kings labour to exalt Prerogative ib. The settlement of the Court of Kings Bench Common-Pleas Chequer c. ibid. In whom the choice of Judges and how ibid. Court of Wards erected c. ibid. Court of Star-chamber erected ibid. Admiralty and others Courts c. ibid. Luther and his Quarrel with the Pope pag. 30 His Doctrine ibid. His Abettors few if any ibid. His opposers all Christian Princes ibid. Hen. the 8 th of England writes against him ibid. The reason of the Princes siding against Luther ibid. Henry after quarrels the Pope The Reason ibid. His halting twixt Popery and Protestancie He seizeth the Monasteries c and the reasons pag. 31. How he rewarded his instruments ibid. Edward the sons zealous Reformation ib. Maries cruelty pag 32. Elizabeths deliverances and succession ib. Popish plots against her upon Reformation ibid. Englands laws distinguish twixt a Papist in Opinion and in Faction ibid. Englands Law at Elizabeths coming to the Crown ibid. Recusants why so called ibid. All Protestants agree not to Elizabeths Reformation ibid. Their Reasons and uninterestedness p. 33 Some of the Parliament men questioned by the Queen ibid. How she misliked the so called zealots ibid. They flie into Holland and they print freely ibid. Against both Magistracy and Ministery pag 34 Yea against the Queen in regard of manifest error continued both in Church and State ibid. Her Potency and relief to her Neighbours ibid. James succeeds Loves not Puritans ibid. Yet distasts them not ibid. Advances the Interest of Prerogat Courts ibid. Takes away the good old lawes to increase revenew ibid. The succeslesness of His wise Councels p. 35 His policy to subvert the freedom of Parliaments ibid. His way discovered ibid. The end then aimed at the subduing Scotland absolutely ibid. The Court party ibid. The King would not agree to Arms. pa. 36 The cross dealing of the Scotch Presbytery with King James ibid. Some lawes made in King James time how diversly executed ibid. Charles Crowned with great joy ibid. Disgusts against him in his first Parliament ibid. He gets mony and dissolves it ibid. Breakes his Royall word so called in his grant to the Petition of right pag. 37 The State of the Church here at the beginning of and during his reign pag. 37. 38. and 39. in the pride and dependance of the Hierarchie seeking by unjust wayes to raise private estates out of the Church revenues ibid. Their little regard of Blasphemy drunkenness c. ibid. All they sought was unity and by uniformitie ibid. Hate against good men ibid. Their policies to bring in Popery ibid. Some of their errors repeated ibid. The civil state considered pag. 39. 40 The King lost his Militia in all kinds ibid. His Lords given altogether to vain sports c. ibid. The Gentry follow them and the Yeoman them and so all order is broken ibid. Justice wholly turned into form and practice and destructive in all the pooceedings of Law pag. 40. 41. 42. 43. 44. So the first step to introduce generall poverty pag. 45. 46. And that demonstrated by consideration of the parties suing ibid. The process what whence and by whom ib. The Courts of Tryall above and below ib. The Attorny and their practice p. 43. 44. Declaration and Plea ibid. Issue single and double ibid. Jury ibid. Verdict ibid. Stay of Judgement ibid. Judgement ibid. Stay of Execution ibid. Remedy in Chancery the worst evil p. 45. 46 Sollicitors what c. 44. The reasons of all this Error pa. 45. 46. Priviledge of Persons and Places discussed pag. 46 Witnesses and the abuse in them ibid. Most ordinary matters in practice undetermined in Law pag. 46. and 47 Cheatings in Bargains sales and all conveiances pag. 48 Englands Law practicall only so that Government was subverted pag. 48. Coppy-hold or base or villein tenure discussed pag. 48. 49. Want of Forcing Plantations another causes of Englands povertie ibid. Inns Alehouses and Taverns another cause ibid. Marrying of the poor too young another cause and debilitates nature and makes unfit to labour ibid. Englands good lawes for maintaining honest laborious and punishing idle ones enervated and neglected pag. 50 Considerations of binding out poor children apprentices by the Justices of the peace p. 50. Difficulty and varieties of Lawes the Lawyers Gins evidenced ibid. The Criminall part of law neglected and how pag. 51 The policy in ruining the old frame of Englands Government ibid. The policy to evade the discovery of this ibid. London the great Monopol of Trading pag. 52 Monopolies one of the Royall trades ibid. The Kings policy in ship-mony and the end ibid. Kings Charles intends War pag. 53 Intends an alteration of Government ibid. That the alteration was made of necessitie ibid. For a ground he imposes the Eng. Liturgie upon the Scots ibid. His carriage to engage a deeper War ibid. He is necessitated to call a Parliament p. 53 Breaks it and necessitated cals it again ibid. The King seekes mony pag. 54 The King disables himself to dissolve the Parliament ibid. The Parliament questions Strafford ibid. His pleas the Parliaments answers ibid. The King attempts upon some Members ibid. The Parliament sets a guard ibid. The King practizes the Army ibid. 400000. l. Raised and the Army disbanded ibid. Ireland almost lost ibid. The dislike of the people to the Kings encrease ibid. The Bishops questioned and discarded ibid. The King flies pag. 55 The Parliament arm ibid. The King fled the Convocation follow ibid. Many Lords and Commons go also ibid. These he cals his Parliament at Oxford ibid. The Lord Keeper flies to the King ibid. The controversie twixt King and Parliament as it stood controverted between them ibid. The Nationall Covenant agreed on ibid. And the Nature of it ibid. The Kings aime in setling Government pag. 56 Exemplified in a demonstrative particular ibid. The disadvantage to the Parliament by being only defensive ibid. The divers interests that followed the divers
Councels made the world and every living thing whether Angels or men in heaven or in earth which perfected The Almighty wisdome though it could have otherwaies gloryfied it self thought fit among all the Creatures which his hands had made to raise man to that pitch of honor as to make him not only the object of his love but in some sort the Author of his honor who is the fountain it self or original spring of honor and all other vertues and excellencies and this he himself acknowledges by several expressions of his own and Prophets when men have yielded obedience to his Commandments saying they honored him or gave glory to him Yea indeed it will be acknowledged of all sorts of men that the end of mans Creation was as is the work of every Artificer the glory and honor of the Creator and maker Therefore the same wisdom that Created man even while man was yet simple and pure in the absolute height of his first created perfection put him under the obedience of a Law and Rule in word to the keeping of which those first principles which we call the Laws of sense and reason were but subservient But man kept not long that station but disobeyed the law of his most high Creator by which error or fall it s concluded and agreed by all Christians that the whole nature of man was corrupted and tainted and from being the sons of God in pure creation all mankind became the sons of Adam by natural propagation bearing in our bodies the sting and marks of our first sin in our daily and continued transgressions thrust out from the presence of our God and could dwell no longer in paradise And now the Laws of sense and reason were mans rule God not holding that lively communion with man which he did before to prescribe him particular and positive Commands or Laws at least that we read of Yet the goodness of our Creator transcendently appeared in that while he breathes forth threatnings to his disobedient servant nay actually punishes him in ejecting him the earthly Paradise the Type of the heavenly Rest he opens a door of comfort in so sweet promises as he there annexed of the hopes of a Saviour under which Covenant he pleased in all ages to take a special regard to some men in and by whom the family and houshold of God was continued and to these he several times and by several manners revealed himself whether by Dreams Visions Angels or otherwise is not so materiall to be here discust and taught them the Laws and Ordinances of his house which Laws we see were not so contrary to the Law of pure Reason or the inherent law of nature that they wrought division or separation either amongst themselves or with others or so perspicuous to the eye of mans reason that each wanderer saw the wisdom of the Father and immediately followed that rule and dictate of the divine Spirit of which families or housholds it is conceived the Lord had several in divers Countries at the same time but as being least questionable most proper to a Christian and so most subservient to our end we shall only look at the direct line of scriptural genealogy from Adam to Noah and so to Abraham of whose posterity in the twelve Patriarcks was found the people of God the holy seed among whom were in his due time shewn the Oracles of God the depth of wisdom both for the government of Gods people as men or Saints by the Lords annointed and every inferior power under the civill Scepter or by the royall Preisthood or inferior Levite under the Divine declaration How far Adams power extended or how absolute it was I shall not controvert nor yet Noahs but this we may see that it was so paternal that we read not of any censure that he gave to Cain upon his brothers murther though we see God did but how it was effected whether only by the voice of conscience or otherwaies is so difficult that we will not guess but conclude had the knowledge of it been material either for Gods honor or our good the holy and wise God would not have so obscured it nor yet gives God a precept against murder but gives it Noah after the Flood That it was want of absolute power afterwards that brought such loosness and disorders upon the world whereby sin in the successions of generations from Adam to Noah was so multiplyed the contrary seems evident and that from the Tenor of Gods truth For there were mighty men who abused their power to wrong and injustice therefore were they plagued we may say plainly they sought and got power over each other and destroyed the pure law of nature For though I am not against nay I am for Government as will well appear hereafter yet this I say that the law of pure naturals sets not one above another which law observed there would be no need of Governors for each one would be a law unto himself But to return the power thus obtained they abused it to unjust ends Spoile Robbery Rapine Lust and such like for this came the wrath of God upon these children of disobedience and violence and the Flood washed away them and their sins together Yet the Lord remembred Noah for was he just from whose posterity descended all the present Inhabitants of the earth and although the fathers were as Shem and Japhet righteous in their generations yet the sons and progenie of these forgat the laws of their fathers house and fell into the delusions of Sathan by the lusts of their own hearts And forgetting the Judgements of God upon the old world they as well as the seed of Cham fell into the sins of the old world and promoted themselves over their brethren not according to priority of birth as most congruous to reason but by might and power abusing those excellent qualifications of divine infusion against the law of the most High and then according to their factions they by strength got dominion which loth to lose they combined together against God himself nay as sure as the Lord liveth the Poet truly expresseth the heart of man These Giants or Principes would if they could have plucked God out of heaven they first brake his Laws and then fought against him but the Almighty now only scatters them to his glory and they who before were bounded in a narrow compass are now dispersed through all regions and it is concluded that the chief of them of one language upon the confusion of tongues was their Prince but whether that were the most Ancient Strong or Wise we shall not need here dispute it is agreed there was a cheif and that the most ancient by the general Law of reason owned that place However it is most probable that their dominion extended not over many or that their power was unlimited But it seemeth among the sons of Noah that Chams posterity first deviated from the rule of nature in
Christ was and laid The same the Disciples Apostles and others use and build with and upon and in the same way according as they received light which was not all at once I pray observe that they had the spirit all but all nor any of them had all the Spirit they had their portion the grace as Paul saith which was given some in one kinde some in another therefore they first apply themselves to the Jew our saviours rule while he lived was Into the Cities of the Gentiles enter you not but go you first to the lost-sheep of the house of Israel but after a time God manifests by the vision of Peter so God taught him first after by pouring the holy Ghost upon the faithful house of a Gentile that they might be baptized and now after a disputation and satisfaction from Peter of these things they that were infallible in particulars which the spirit gave them were not knowing and sometime erred in what God yet revealed but to Peter I pray note this but now freely they preach to the Gentiles and zealous Paul of a persecutor I say no more made a preacher he goes especially to the Gentiles and with much labor and travile and with many dangers preachers Christ but the Divel is as busy as may be he feared not these men who had received the holy Ghost and had abundance of the spirit he throws his stone and hath Agents enough to roll it now the Gentiles are admitted without dispute the question is if they be not bound to Moses law I finde no question of the moral the scruples are concerning the judicial and ceremonial the first question was concerning some that taught the brethren circumcision was needful to salvation this controversie which hath filled the world so called Christian so full of controversie from that time to this present day as namely whether we be saved only through the righteousness of Christ apprehended by faith or have need also as to salvation to observe the Law that by the Jew was meant of the visible law ceremonial by the Christian moral c. The wits of the world saw not then the evidence of the spirit nor would acquiesce in the resolutions of the very Apostles themselves so that the congregation at Antioch being hereby in great disturbance were enforced to send Paul and Barnabas to congregate the rest of the Apostles at Jerusalem this upon a full meeting was to receive its end and determination where being recieved of the church Apostles Elders and brethren who were called together and the matter publiquely debated before them the result of which Peter declares to the Church or multitude of believers evidencing by the letter of scripture and that of the old Testament which surely is one of Gods witnesses That the Lord in calling the Gentiles who were uncircumcised which before was the visible condition of salvation declared and testified That salvation was in Faith without any Oblation to the Law But mistake not I intend not here as if the Question were of abrogating Moses Judiciall but that Salvation was not tied to the obedience to that or the whole Law but only through the grace of the Lord Jesus which being allowed by James he gives his sentence that the believers of the Gentiles be not yet till further instruction tied up too close to the severity as their vain liberty will account it of the Jewish rigor but in those things which will cast too great an odium upon us with the Jew as participating in Idoll Sacrifices whoredome the great and ordinary delight of the Gentile and in eating any thing strangled or bloud as being a precept highly esteemed with them le ts in these write to them that they abstain to which all agreeing it seemed good to the Apostles and Elders with the whole Church to send this their resolution in letters by certain of the Church at Jerusalem together with Paul and Barnabas the stile phrase and order of which holding sorth still the pattern of Christ their Master and Teacher's meekness gentleness and lowness the Lamb dumb before the shearer and testifying their unity in Christ their head take notice of in the parts the Inscription whereof was The Apostles Elders and Brethren unto the Brethren not the Elders nor Officers but Brethren which are of the Gentiles in Antiochia Syria Cilicia send greeting in the body Forasmuch as we have heard that certain of the Church of Jerusalem or Jews have troubled and cumbred your minds saying you must be circumcised and keep the Law to whom we gave no such commandment to testifie which we send eminent men in the faith to you for it seemed good to the holy Ghost and to us to lay no more burthen upon you then these necessary things that to the end no offence be given to the Jew you abstain from things offered to Idols bloud things strangled and from fornication from which if you keep your selves you shall do well fare you wel Here was no charging willing and commanding from the sacred Synod no Authorrity of the Church urged more then the note of intimation that what was done was by them who had received the holy Ghost The issue is also considerable for these Commissioners of the Churches both of Antioch and Jerusalem comming now to Antioch I pray consider their carriage they assemble whom the Elders or Preachers no they would not tie the people to believe implicitely therefore they assemble the multitude all the believers and there they deliver the Epistle which is read with joy for the consolation This done Satan is at work again raising strife and contention betwixt Paul and Barnabas so that they parted company wherein I pray note the children of God nay the chosen vessels yea consecrated by the actual operation of the Spirit are subject more or less to humane frailties consider further Paul after this decision of that great controversie at Jerusalem yet by and by he circumcises Timothy to give content to the blindness of the Jew and was never called to account for it either at Jerusalem or Antiochia and though himself at the same time delivered the decision of the Apostles and Elders at Jerusalem to those converted to the faith of Christ in the Cities about as they travelled to establish their minds in case either the controversie concerning the Laws necessity were there raised already or might right rise afterwards by this humane Wisdom labouring to prevent a further increase of that controversie And if it be queried why they did not miraculously do it as well as heal diseases and such like Know O man that it was contrary to Gods Ordinance he appointed preaching to convert the world and miracles were Trumpets to call the people together and prepared them to receive the Word and with the Word God gave grace as he pleased and that this must be so is plain for all that saw the miracles attended not to the Word and all that did both were not
converted Thus you see the devils beginning he presently raises up controversies in the Church and also persecution without the Apostles are imprisoned but for magnifying Christ one condemned to death as a traytor an enemy to Caesar See it was the doctrine of Righteousness was opposed but Treason is charged how many Christians have played fast and loose for this cause with Christ for could they have suffered as Martyrs and had the point of Controversie been the main of their charge they would have stood it out to the last but that being but by the by and Treason or Disobedience to Powers the chief they faltered but the Apostles and Disciples through good report and evil report went on in the Work and great wonders were every day done confirming the believer and astonishing the opposer so that now in the greatest Cities of Asia Greece and Italy the Gospel is preached wherein the believers of all sorts have the same rules laid down which Christ delivered to his Apostles clearing still the righteousness of the Law but not placing Salvation in obedience to it as is manifest in all the writings of the Apostles and by them as by our Saviour urged by the Letter of the old Testament declared by the Prophets against unnatural lust idolatry coveteousness maliciousness envy murder debate deceit frowardness extortion pride boasting idleness haters of any good doers of any wrong inventors of any evil disobedience to any power ignorance breakers of Covenant without naturall affection unappeaseable merciless and that these are worthy of death he appeals to the Laws which if he meant of nature to the unconverted Gentile whose morall strictness was most admirable then surely to the converted he much more intended the Law of God given by Moses unto his people according to an everlasting Covenant being of generall necessity and convenience under the Gospel as during the Law and by those Laws he saith the offender deserved death and surely that particular cruelty was universal mercy and in and through all the writings of Scripture there is urged not onely a necessity of having but of obedience to the Law but for civil benefit not as saving but as found general in those whom God had elected as St. Paul argues strongly in shewing the nature of the Covenant with Abraham to be universal to all believers so that it was a Covenant of Faith and if I be not mistaken it is plain the Covenant is though called double yet not liable to that distinction of Works and Faith but that which was through the veil which was then upon the profession of the Law placed in the obedience onely to the Law and so called of Works was now unveiled and declared to be onely by Faith but withall evidenced that that faith which was not still working was dead and the testimony of our faith to the Church was our works and I see not but that the outward promises or promises of outward blessings are still the rewards of legal obedience and for the reward of faith I see no promises but of eternal bliss and though the faithful keep the Law yet they rest not now upon the promises of the Law but the glad tidings of the Gospel sound in their ears and they are fixed upon the Allelujahs of eternity Out of all which we may gather That the Law not only Moral but Judicial being not absolutely and necessarliy proper to the Jew onely as being either Ccermonial or alluding some way thereto was the obligation of common or civil and also of Christian equity to the whole Church believing in Christ whether Jew or Gentile which is plainly manifested through both the Testaments but now all the Ceremonial Law being Typical of Christ that was abolished so that as the shadow vanishes when the substance appeareth the proper Priestly function service sacrifice rites and all are buried and will God now leave no Rule of Faith no worship no day no order no government no maintenance Let us see the way for this First Christ taught then his Disciples then each Christian instructed one the other and upon this ariseth Sects and Divisions even in the Apostles times some were of Paul some of Apollos some of Cephas so that now what was the Church of or in a Province was or might be divided into several Congregations and that either differing in a Circumstance yet holding all the head in one Communitie of worship upon occasion and so onely a Sect or differing in opinion in things not plain but doubtful or else in matters which were counted of such value or so nighly concerning the principal points of faith that they did as it were rent from the Head and would not admit admixtion which were the producers of Schism and this was or ought to be as was at first supposed onely in heresie things or opinions inconsistent with the rules of Christianity which either did appear or it was declared would appear in Pauls time Now how doth Paul deal with these Truly what power he had concealed that he either used not or pretended not unto is not possible to judge of but what he used was according to the nature of the Covenant explained which was of faith for the works of the Law in literal obedience man may enforce obedience but Grace is the onely gift of God and therefore he onely useth the sword of the Spirit which was the Word powerful indeed in a right and skilful hand and no other he informs and labors to enlighten them that Christ was the head and if a member were divided from the Head it was no longer a member and tells them plainly that Christ was the foundation and who ever laid other however wise in the sight of the world whether of worshipping of Angels mediation by Saints abstaining from meats forbidding to marry observing of daies and all such like though they had a shew of wisdome in voluntary humility and beating down the flesh yet they were will worship the gate for Sathan to enter by and by carnal seeming wisdom to build with hay and stubble and daube with untempered morter yea to change the truth of God into a lye through the decieveableness of the flesh for these precepts of men being admitted first as explaining the will of God were then accompted helps then necessary then matter of faith and this prophesie who is so blind that hath not seen fullfilled therefore he advises to beware of vain humane wisdome or philosophy which was bewitching and tells that this mystery of iniquity began to work and would work and that there would spring Heresies yea that it was necessary but from the Gospel no one must depart no not though preached by an Angel from heaven and least the people of God should be discomforted by the afflictions and persecutions of the Apostles and other disciples and professors it is often plainly declared they must look to tread the trace which their blessed Saviour had done who was the high Priest of
his Crown as it is at last resented by making him in a private manner as a subject to the Pope appear before his Legat to answer his fact Truth is the very Court of England was now tainted with Luthers Doctrine notwithstanding the kings Book and these men taking opportunitie of the kings wrath blow it up to ingratiate themselves and advance their interests by subverting their enemies they instill into the kings eare a Rhetorick pleasing enough to a high and angry spirit namely that he had no dependance on the Pope his Royalme was free True his predecessors either of weak Title at first or controvertible at last of weak parts or in a turbulent State either durst not or did not openly oppose yet truly did what they could to extinguish that power that they beleeved usurped The king upon this resolves to proceed without the Pope and at last having experienced many wayes receives satisfaction and withall to despight the Pope renounces his Supremacie and gains it Enacted by Parliament But to shew his zeal to the Romish Religion he continues the Act so called of the six Article a most bloody and Popish device and executes it by which two conttary Acts a Papist is burnt for denying the Kings Supremacy and a Protestant for affirming the Pope Antichrist and such other matter both at one and the same Stake so that it was evident this Prince sought not the honour of Christ but his own interest but this foundation laid he proceeds a step further which enlightens this somewhat more for the Pope who thought he had as good hold in all his Christendome so called as Henry had in England he first cites then excommunicates him but this Prince all fire by his Colleague in Arms Bourbon assaults and had not Woolsey been truer to Rome then to England had had the Pope his Captive but money not coming timely enough hinders that but he that regards not the father neglects the son Henry therefore throughly angred finds some default in the great Church-men most obvious to Law and least favoured of the people and not at all owned in the word of God as were Bishops Pastors Priests and Ministers He therefore feiseth the rich Abbies Monasteries Nunneries and Frieries and as before the Knights Templers once faln had many sins laid to their charge which it was believed they never did so these had many sins found which it was proved they might well be charged withall which but few ever believed of them as Sodomy Beastiality Murder and the like for Adulteries and whoredoms they were known and he justified his actions by the actions of the late named Cardinal Woolsey who had as he said destroyed little Monasteries to build a great Colledge and he destroyed great ones to support a noble Kingdom intimating that he found that these would be his enemies in his contest against the Pope to whom they were more surely tied then to him so that in case contention came this was so provided for as a dangerous fire hid within his own bowels the lands he exchanged with his Lords Nobles and Servants at easie rates whereby he was little advantaged and they highly obliged whereby he got fast friends against the Papal power and they that would not exchange were noted as favorers of the Pope and from this change first arose our Lay-preachers or Impropriators so called See how God works his ends against his enemies not a title of or for God intended and yet his work done and Henry hath the glory of the first Reformer yea and his Declarations pronounced no less then zeal for Gods Glory but what he truly had others as truly deserved in his Court whose faithfulness to their Prince and zeal for Gods House yet at last by the malignity even of the contrary faction was when his service was ended and the Kings coffers full rewarded with an Axe such fickle things are Princes the sons of men and this is the promise of the faithful in this world of affliction in the life to come eternal felicity this was the first turn of the wheel of wrath against these Apostates from the purity of the Gospel and the practise of the Gospel having left the Service of Christ to serve themselves in the honors riches glories pomps and vanities of the world lusts of the flesh and pride of life and now as wave succeeds wave so doth sorrow sorrows to these children of bitterness for the son makes clean work and hardly leaves a handful of Popelins in England and this was presumed to favor more of conscience because they saw not the hire of the work there was little pay for their pains but he of short continuance Mary though born in unlawful wedlock was notwithstanding the Will of the last King or the Acts of Parliament for disinabling of her through the potency of the Popish party yet by Parliament advanced to the Throne But surely England had now well thriven in knowledge especially from the after Lights to Luther who following his steps went further in the knowledge of the Gospel truth is Luther opposed them and had his followers but the other and more and the opinions increased and spread further And to declare the truth and honor it with respect enough to Luther who deserved much of Gods people as an instrument he had raised up for their benefit his bitterness against his brethren desertors from the errors of Rome as from what they accounted his mistake gave the Papists much advantage to upbraid the dissentions of the Schismaticks so called urging that there was never like to be peace where this gap was opened that the divisions of the Church were subject to the questions or judgements of particular Christians for from hence each man as his understanding or ability was less or more should believe as he listed and trouble the peace of the Church as these Schismaticks had done to prevent which in England it having had some footing as was conceived here through the interest of Henry and the youth of Edward who though begot by a Popish Father was educated by a Schismatick Tutor The Bishops ply it hard by fire and faggot to root out all that followed the way as it was called they had many nick-names in all Ages but here they who were the Lords Wheat had the name from the envious man of the devils Tares cast upon them Lollards and they had as in the Primitive times all evils errors and sins charged upon them they were generally poor and happily the rich thought any way a good riddance especially being so at least accounted of proud minds though in beggars rags and had all those phrases of Scripture applied to them as to those who subverted souls So that here was a great persecution many hundreds were put to death in opposition to the Doctrine of the Church of Rome but the State in policy medled not with the taking away of the Abby-Lands because of the strong party that might have engaged
and such like epithites which some mens zeal bestow upon it cauterised under the scourge and lash of a long pilling polling suit hurried from Town to City from City to Country from Court to Court Hearing upon Hearing Order upon Order Judgements and Verdicts both so called and yet in a labyrinth not onely Term after Term but year after year and still almost as far off as ever if not further no I aim but to give a clear light that our Laws practised are not the Laws of the Nation that is a set rule of Justice but usurped upon us by evil men they are as practised neither according to natural reason the foundation of the Laws of Nations nor Religion the Law of the Almighty Wisdom pardon my zealous digression I now return to what I had omitted which is that by Law that is the custome allowed A Sheriff or under-Sheriff shall make Returns of Course onely for the benefit of Officers as for example that the party was not found within his Baylewick or that he hath no goods c. when both are contrary yet he is sworn to excute all Writs truly but this is no perjury by or within the judgements of any the English Judges because not being within the niceties of their wise sayings or resolutions no more then thousands of other perjuries which though they may excuse themselves for because the Laws of the Land so called look not at them as the Judges of such perjuries yet that they get no other Law established seeing the great want for redress of such matters they finde before them will be their or the Lands afflictions at last but to go on in a course of Triall These difficulties over I must now put in my Declaration that is the narration of my complaint into the Court in writing and that not in English but Latine though I understand never a word and that in the form the Law requires though I can tell no more then the meer matter of my wrong And in the same manner must my adversary so called also though little wiser then my self But to help out this we have Attorneyes so called allowed Deputies to answer for us skilled in the way of practise and these men they do even do what they list for the Client so called is seldom knowing of practise and he hath so much first for his Fee then drawing the Declaration or Plea which is either general or special and though done with much difficulty and charge is oft mistaken the one for the other again double pleas are exploded and though great advice taken which matter to plead the best is left and so left remediless at Law unless a new bout in another Court help him or else the Chancery either of which remedies is generally worse then the disease Now the reason of Attorneys was this as riches multiplied pride and outward pomp encreased long suits came into fashion and to maintain Officers it was laboured for to avoid further suit by these means to bring all Trials to the upper Bench or common Pleas c. And pleadings ordered wholly in form and in Latine which what for ease and what for the so pretended being so made necessity namely keeping of Records as presidents they were admitted and to get an Attorney was difficult in such chargeable prosecutions which to remedy they were allowed privilâ—dges as Officers in some Courts yet being the Clients Deputies they were the Plâ—…ders or Serjeants I say no more servants and carried their baggs as divers of them did throw in their teeth upon discontent though they have now almost shaked the yoak off their shoulders Give me now leave a little to speak of Attorneys and their practise which almost over-ruled the whole Law First the Judges though the Licenser or allower of Attorneys yet receiving great part of his extraordinary revenue from him as upon Fines c. Next the Serjeants upon all special pleas and the Serjeants and Câ—…ellor upon all legall proceedings the â—lient being generally if not wholly led by the Atturney they were the principal men and Lawyers grown numerous many would covenant to have half Fees with the Councel I profess and averr that a late Judge did being a Serjeant declare it to me as an audacious part of I. B. whom I then found going from him with these words Paultry saucy Knave cast after him by the Serjeant But assuredly they were grown very knowing in the practical part of the Law and some of them have among multitudes of more had these abusive practises laid to their charge against the Laws as taking of Capias's from the Common-Pleas yet never filing an Original This redounding meerly to his profit abusing the Officers of the Court to inrich himself and not advantage his Client for the Cursitor so called looseth one shilling the Philizer one shilling two pence c. So that the Writ which is six shillings two pence cometh onely to him except for the Seal seven pence and if this be discovered before Iudgement though after Verdict I believe it would overthrow the whole proceeding So in suing forth the Capias utlag For whereas upon true practise a Capias being awarded to the Sheriff who by wicked custome not looking after him returns a Non est inventus that is upon a Writ to take his body the Sheriff though he might take him returns him not found whereupon another Capias or Writ to take his body wherein of Custome as aforesaid the Sheriff again makes such a perjured in Christian acceptation return again then goes forth another Writ mentioning what ado they have made to get him and oft times he is out of the County indeed it being done of purpose in another County that he might not know it and then for his contumacy he is exactioned proclaimed and out-lawed and this oft in two Terms which ought to be done in five by the Law but little justice in any part of it though spetious in pretence yet if the Capias were delivered to the Sheriff there were some rule observed but the knowing Atturneys can do it themselves using the Sheriffs name who never sees the Writ and did he not one of a hundred can tell what to do but by his under-Sheriff a late constituted Officer upon the high made difficulties of Law who being one of the same Tribe calleth discovering of error defiling the neast and so lets all pass as Custome leads Thus is a man put out by the Law of the priviledge of a Subject and this only to maintain Officers for let all the course be examined and the issue will be nought else I have known this sued against a man for that the Law gave no action the party yet never demanded the thing and of a man not worth twenty shillings in the whole world and the matter it self not worth five shillings the Charges came to nigh four pound and if he hath notice no way but to sue a Supersedeas which is I take it
Councel Table pardon this necessary digression both here and in many other places purposely done to avoid treating of these things by themselves so that unless the Iudge were very wise and resolute having these so many traps he might ore-slip something how just soever his intentions were and the Lawyer might by the like means be drawn to some errour in point of Legal advice as well as the Attorney in practice for 't is evident or will be hereafter manifested that to gain a certainty of Law we ran into all incertainty that might be To speak of the errours of the Judges servants and their Marshals abusing both Law Judge and Countrey for expedition money and taking what fees they list and new Fees though it be material yet carrying with it the assured errour of his master who ought to know it better then the Countrey can tell I willingly pass it over but must insert that seldome a Jury is legally pannelled or if legally having outward legal qualifications yet not knowing men able to discern into the now used course of evidence for it is pitty to see if not pre-ingaged which is too too often they generally either follow the fore-man or hearken to such a Councellour or else are tyed to what the Iudge seems to incline to when he repeats the evidence which to avoid such leadings might be spared but in the confusion of the Councels thwartings if not false speakings and mis-recitals in their so claimed due of summing up the evidence cannot be wel forborn without a greater mischief then the other possible yet seldome seen palpable inconvenience I might evidence the same course of unrighteousness in all subsequent proceedings till execution but I haste These with hundreds of more common abuses in the Law which did indeed render both Law and Lawyers odious for this was grown usuall to get by any means or having gotten though justly to keep by any means and hold play with the others estate for they could upon a Bond for example drive off with good words a quiet man and fore-handed or a poor man or Orphan in regard of their relyance upon the penalty which in regard of the possible evils was now grown double as 200. l. for 100. l. five or six years or more then plead non est factum that is it was not their deed the Witnesses happily dead and no other or difficult circumstance appearing Verdict is either lost or hardly gained if it be a small sum and the Verdict against the Plaintiff he is not able to get any advantage but by renuing suit in Chancery to put him to his oath where the charges is so great he is undone If the Verdict go on his side then there is motion for stay of judgement to delay if that over-ruled then a Writ of Errour if that over-ruled then the Cause is not sent by the Iudges or Iustices to the Chancery upon a sight of the equity of the cause as the ancient Law in Edward the 3. was or seems to be but of course to delay except the Plaintiff dye in the time and then all is lost without hope of recovery and the Chancery by right is held not to have any cognizance of any case under 20. l. as if no conscience or equity were allowable in lesser matters where the falsity of formal customary surmizes be such that the simplicity that is sincerity or plain righteous dealing of the first Heathen Law-givers severely punished when they first instituted complaints to be in writing punishing him that complained of what he could not prove O the excessive unwarrantable proceedings in false suggestions and surmizes yet by these with such like practize in proceeding as in the beginning the cause may grow to 7 8 10 12 20. years continuance although the late Lord Littleton who dyed in the strife betwixt loyalty so called to his King and to the Commonwealth and was vanquished by personal respects did openly profess at his call to that high and honourable imployment in his speech in the Court at his taking the place That he had heard causes had depended there 12. years but knew no cause they should depend 13. moneths and resolved then to speed an end of all lasting causes and began with Peaeocks But when the Barr began to grow thin I say not he changed his mind but his course pretence of other business drew him like others before him to hasty hearings half hearings references and subitane Orders which with the laziness of Iudges and Masters of the Chancery but especially the wickedness of Clerks and Registers is the squeeze of the Subjects purse for all men know who have had any experience in the world that the Register makes the Order rather then the Iudge A chief means of continuing which evil is next after the want of due care of the Iudges to read the Order fair written before he rise want of a set stipend while he by more work gets more gain The last is want of sharp and speedy punishment of an offender this makes Orders past the ordinary length and infinitely beyond the rule of Justice in Tale above 40 Orders in a case Mr. Noy or I am deceived moved before the Lord Keeper Coventry when he durst say that was Kings Attorney my Lord I move upon the 49 Order to my best remembrance so that the by-word was upon a suit in Chancery you have gotten into a sute of Buff These things never pierced the conscience of these men they followed the example of their predecessors and grew by degrees worse and worse and thus it was also upon all other proceedings at Law in all Courts whether upon criminal causes or other offences against the publike or civil Laws so called or between person and person another evil was both in law and equity the priviledge first of places then of persons That of places partly arising from Order so called Divine that is from the Relative and similitudinary holiness of the Temple And therefore as the Churches were in the time of Popery and now new pleaded for Popery as the Cities of refuge of old and the so called Clergy still as aforesaid Idolatrously continued with us so other places were now priviledged and made the Sanctuaries for offenders which were the shelter for all insolencies tumults disorders and wickedness which places were first of separate or special jurisdiction as Cathedrals Minsters and such other liberties arising from pretended Ecclesiastick Right and Title under the Hierarchie Papal The other was of the Kings Court Lords Houses Inns of Court and Chancery the Seminaries as they ought to be of good Government and singular examples of order the persons priviledged were the King whose person the Laws as lately expounded had generally freed from all censure and purged all taints by the Crown and punishing his absolute Ministers was laboured much against now the reason of this was to uphold what was gained and to gain what might be for the King therefore the Lords as
many come from the Parliament to him as well as went with him there he erects or allowes a new Parliament And by their advice as his Parliament at Oxford demands Treaty with his Parliament at Westminster which they reject and at last the Lord Keeper of the Great Seal London indeed stood true to them which by its Vicinity to the Parliament and infinite populacy awed all other parts they had a sence of former sufferings under the power of Kings they had a deep sence of the extremities the godly and most piously affected people suffered in all parts of the Nation and how far the vicinity of the Court and Archbishop of Canterbury had violated their Christian Liberty prevailing over the quiet spirit of their Bishop was though little not forgotten they therefore generally followed the Parliament especially stirred up by their Ministers as having in hand the cause of God The King he brands them all with Declarations of Rebellion and taxing them with seeking his life and the rooting out of his Posterity They answer that they were so far from seeking his life as that they should labour by all means possible to defend and protect the same their just Rights and Priviledges preserved and for his satisfaction cause the Nation generally to enter the like Protestation this not satisfying but it being still urged by the King that the Protestation was but to establish their own power not secure his fears While their Armies were in the field against the King they answered They were only on the defensive part and such indeed was the Generals Commission and that they could not but according to their trusts preserve the Laws and Rights of the Nation Hereupon they open the Law that the King was indeed but the chief trusted person and that for his peoples sake that of this not he only but they also and more especially being congregate into a body were to judge that his failings past demonstrate his ends contrary to publike interest and resolve that even the Law of Nature taught self-preservation and that it was too too visible he intended an usurpation upon their just Priviledges That they desired his preservation so it might consist with the Weal-publick and therefore desired him to leave the company of evill men so called his Counsellors who mis-led him and to adhere to his great Councel and promised to make him on these terms the most Glorious King that ever was in these Nations and now a diverse part appearing upon several grounds and opinions amid the Members of the House the prevailing party to firm the union betwixt the Scots and them more strongly whose assistance they had had all this while in the work they frame a Covenant which held forth security and glory to the King and his posterity in endeavouring to settle Church and State upon the firm foundations of Justice and righteousness which taken in Scotland is transmitted hither and they by Parliament made brethren and this is tendred to the King to sign being first taken solemnly by the principal of the Nation with this condition That if the King agreed with them in it they would still not only acknowledge him their King but make him more glorious c. But this was so penned in such general terms that an absolute Royalist might well take it for it was intended by the some I say not the many by the leaders not the followers but as a measure to try the stretch of every mans judgement opinion or interest many no doubt took it cordially many formally some strictly some loosely but though this were not only taken but urged yet Armies were continued against the King as he said in the field against his evil Councel as they said 't is truth their evil Councel was now his the Lesson of absolute power and to be like his Brethren the rest of the Kings who had joyned interest with the Whore of Rome made him not only hold correspondence with that Beast not only at bed and board but Councel also as far as served his interest who undoubtedly aimed to rule in all things according to his own Will which Will yet should have had Regulations but still with such dependence upon his Judgement that he being the speaking Law would have had no Interpreter that should be able to cross him and his determination and so the Law must have spoken in all things to his lust or he would have made it and this he thought and I am perswaded believed to be the undoubted right of all Princes though their people as his in case of contest between competitors for the Soveraignty might wring something from them of Grants or Charters or so called priviledges or immunities which yet he believed they could no more grant to the prejudice of the Crown that is of the heirs and successors in the Kingdom then things sacred to God could be imployed to prophane uses This doctrine admitted which I dare avow was and can prove sufficiently by Witnesses yet alive That our late King Charls said these words openly upon a Hearing Mr. Hern I have heard what you have said What do you talk to me of Law Justice or Conscience according to all which Mr. Herne alledged the Patent signed by his Majesty to be I tell you said the King there is nothing in England shall stand that is not for my profit There stands one pointing to Sir John Banks then Attorney General who had hundred of pounds many I have heard for the work and drew the Patent shall bring a quo warranto against the Patent and see then what you will do Now take notice this Patent was of the new invention of Salt and opposed the Monopoly at the Sheilds under the favor of deservedly beheaded Hambleton and the Inventor not complying with the Kings Interest against the priviledge of the Subject the King brake not onely his private word with him contrary to particular engagements under his Hand carried by Sir Charls Herbert but also his publike word as King this sentence being so ruinous to the man made the Worme speak and said Sir Dare you be a King and be thus unjust I never read of Tyrant said so what ever he did or words of like effect whereupon Lord Dorcet with a great oath by his Maker as I express it said loe and if it please your Majesty these are your prick-eared Rogues the Tub-preachers and indeed he was a Zealot these are they will pluck you out of your Throne unless you dethrone them I pray take not this Lord for a Prophet unless like Caiaphas This word I could not but insert for conscience sake as a firm Index and testimony of his reall intentions This kept him off from closing with his Parliament and the rather because they insisted to have the Sword in their power for so many years or during his life tenderness of him caused the Parliament to venture far for it could not by this sole defensive way but protract the
of Reformers cause us to fall out with duty But while they fail let us as we should seek the Lord with double diligence I know there is much objected but the matters most eyed are first of purse-concernment as the Taxes or Assessments for the Army the Excise Customs c. wherein many that are contented to pay do yet much repine at the inequality of the levy But as to them I must say I know they in Supream trust have of late done much nay almost as much as in them lies its perticular interest now obstructs the real truth is corrupt principles have such root in us that gain is above all godliness men eminent could be willing all others should have Justice so they might be favored Yet this one thing might well be yet provided for in the Act that persons of not above four pounds per annum and not able to work or having a charge of children and no personal estate to the value of ten pounds and not being Farmers but living upon that should not be charged many now paying twenty shillings per annum to the war who are fitter to receive collection and many worth four or five thousands nay ten thousand pounds personal estate not taxed at all or if at all not above one shilling or one shilling six pence for three months The next matter chiefly eyed was after the alteration of the State from a Monarchy to a Free State or Republike to consider what should now be done to make good that freedom promised and the first or one of the first matters existent as a Law was the Act for Treasons the Objections against the substance of the Act as to the matters what is Treason I for the present omit to relate but pass to the forfeiture which is to the State as to the King and this some humbly conceive not agreeable to the rule of just Freedom hear their reasons shortly They say first That it is unjust to punish the childe for the fathers offence that it is evident that this was not the original Law of England Nature or Nations but the usurpation of Princes Heathen imitated by Christians for profit sake that it is a folly to think love of the estate or of wife or children will deter where the life is not considered and that this layes the same foundation for the State to seek by the rigour of Laws to gain estates to it self as in the King so that now our condition is not bettered in our Liberties for as our Supreames may be more merciful so they may be more rigorous the settled equal Law is the Subjects best priviledge Again In the Act for Treason they say this seeking of interest is evident in the particular of Coynage of money Clipping c. which being a work private much evil may be done and no legal discovery made as late frequent practise in all places hath evidenced but to put a penalty upon the offerer of it would soon give a full stop to it and that is the best Law which effects its ends with least publike or private detriment now to forfeit the piece so clipped filed or rounded would stop the currant but to forfeit that and so much more would dry it up quickly especially if it had an easie Trial as before the next Justice or two next Constables or some certain number of the neighbourhood and the faulty money immediatly to be cut in pieces I speak not of Coyning Stamping Counterfeiting and Washing let due penalties be by Law imposed onely trial speedy and easie The next Act controverted is that of Printing the Objections against which being publikely avowed in Print though some may say more wittily then with found Christian consideration I shall here onely say thus much that as is there in part held forth it is likely to be found the best expedient to stop the current of calumnious Printing not to do things subjecting to scandal and assuredly all moderate men will assert the Magistrate against the Calumniator if to this end the Press were open provided that each man would own his work and like the old Greekish propounder of a new Law write under the peril of his life it might be an useful expedient to take off Tryflers though it might endanger many whose zeal were either too much or knowledge too little I am now come shortly to the great rubb at present which is the Engagement against which none sure but preingaged persons can as matters stand object justly for otherwise to resolve Conscience we must ravel the Successions of all powers for if the actual possession of the Supream power doth not inable to require all Political obedience then surely acquests without just Title are void if so time cannot remedy it if so it concerns all powers to justifie to each Scrupler not onely his pedegree but the justice of it from the beginning I may say of the world but it is plain the Boglers at the work are such as look for an other change It is certain Protection requires Obedience and it is as certain that they are happy in Politicks who in the Changes of Government are so disposed by the Supream Wisdom for mans alone will not avail that they exercise the extream or height of Rigidity or Mercy aright for one is ever found necessary And now I am come to the last great contest the peoples Liberties The questions are first concerning an extraordinary Commission to try sitting the odinary Courts at Westminster For the holding up the hand opening of doors both which were pressed I fear rather to make a party and oppose the present Power then out of Conscience I omit them here The next was Whether in Case of Life a man may have Councel A third Concerning the lawfulness of requiring and taking the general plea not guilty The last Whether the Iury be Iudges meerly of fact or of Law also and to these well may be added two things more namely the Queries concerning maintenance in prison And arresting by an armed power in the time of peace All which indeed are of main concernment to the Nation and people yea even as much as Lives and Liberties matters of the most pretious respect with men and justly to be inquired into wherein I shall only shortly give the general Opinions and Arguments of men wise and desiring just things but withall entreating briefly of the criminal part of our Laws prosecution which hitherto hath been purposely waved I take it that the Law of England according to the rule before said down owns a twofold way of bringing persons criminous to trial which is that of appeal of which I shall onely hint what it was being now a thing as before I said wholly disused namely it is a prosecution of the party be it for Maihem or Felony of any sort and in the name of the party appealing which suit he might by the Law compound for and release yea if it were for murder at least it was
be amended but sent to Gaole whither he must go he was irrecoverably lost Now for maintenance in prison originally in such cases as the State was forfeited as in Treasons and Felonies which were tryed very speedily the State was seized by a publick Officer by way of securing and the wife and children if any were continued in the house c. giving security the goods were not imbezeled and nought removed or sold unless for the mainteance of the prisoner the forfeiture then reaching from the time of the fact committed and then though this were just there was this injustice that the forfeiture paid no debts an unjust and unchristian thing yea if opened the loose or inlet to abominable cheating cozenage and knavery Now the Law is that is practice constant that the prisoner maintain himself till himself wife and children are undone by selling all they have for the maintenance of the prisoner and paying Gaole Fees though he be not guilty a most wicked thing and this happily for acts or words no way Treasonable Felonious c. or for such matter which none but a malicious Adversary would have prosecuted And to say the King paid his prisoners Fees is but to argue from matter of fact for take a prison properly it is but as a pound to dammagious beasts and in the proper pound the owner must provide for them and they that offend must provide for themselves or rely on charity It is truth it is but just that in case of so called illegal or in cases dubious whether baylable or not or where baylable yet for good cause denyed and in all extraordinary imprisonments that is by absolute power in limited Monarchy being causes for which the Law provided not it seems reasonable that the same power that commits should sustain untill the Law adjudges the offence for in that case the restraint of a Free-man seems punishment enough now for such a man how he comes into prison that is whether by the ordinary Officer of Justice as a Constable or by an extraordinary hand as by armed men is not material but the Quaere must be rightly stated That is whether in a time of full peace no enemy appearing nor to be feared a Subject may be by Law arrested by an Armed power as to this it is said that considering Law to be the issue of perfect reason it is a matter worth mature advisement for the life of liberty lies in it that is the refuge of the Subject against the powers or authority call them what you wil for commonly the Souldiery are either in body and so obey no common Arrests and Processes of set Courts or dibanded and seldome an active man in his own County and well known will appear in acts of high dispriviledge so that offenders in this kind are seldome worth suing upon a trespass and the law of retaliation rather satiates the brutish then the manly passion or affection and bondage for satisfaction hath been hitherto exploded Others say the crime is to be looked at and then no matter who executes it as in Felony each man may by Law arrest and then if every man will it is neither Riot nor Conspiracy what ever it may be called Others rejoyn to both parts and say that they are sadly distressed to see the various interests of persons leading one way to day another to morrow which their diversity of opinions fully demonstrate They desire plain truth with Iustice and to that end they say that both are lawfull time and person considered and that this consideration is and must be left to the Magistrate who must not stick so in the bare letter that he lose the evident meaning of the Law and ought to be punished as a defaulter against his trust should he not in some causes use extraordinary power for the Commonwealth must not be without sufficient power to defend it self And therefore they say that if the Law doth not provide for such emergencies he ought to be defaulted if he improves not his power to the discharge of his trust that is the peace and safety of the Commonwealth though he incurrs the lurch of the Law according to the old Letter The example was under the late King James at his comming to the Crown when after the death of famous Elizabeth the County of York raised men and armed them against a sort of out-laws which Act was by the letter of the Law Treason c. but upon debate wary enough it was resolved their duty and they had their pardon against which only some object saying that if in reason they offended not why should they be pardoned Now this is answered others might else be imboldened without due cause which say the objector's is nugatory there is nothing of weight in the case more then the Officers Fees of suing out the pardon and to stop that scandal let such pardons issue of course by a day at the Officers penalty so that the party shall not need pay for expedition but as to the case in hand it is propounded that in cases of doubting it were better to assure all fears to let the Souldier be but assistant to the setled officer and not used but in evident necessity but the thing is the same I must agree the prison may be any where by the law which men in point of favour easily plead but touched then the Court of guard is a prison then White-Hall the head-quarters every thing is odious but were this same man put there under what he counted a civility it should be acknowledged it may be therefore of great policy this was left in the Judges brest to endear by such circumstantials where he saw cause but this was altered upon good reason in part and prisons made publick set and certain c. The next thing is to bring the prisoner to his Tryal wherein the Law as I said favouring life gives priviledges of no evident reason in case of crimes worthy of death especially the certain offendor present Truth is if the pretended Law of England did as many of the Officers of it do think one thing and speak another tell them they are to dye while the prisoner knows Mr. Ordinary say the Judge what he will will openly prophanely and unchristian-like of course lye out a Legit though he knows never a letter and his conscience never grumble to give sentence accordingly it were not worthy question but evident reason being its guide why should they question thirty six men without any cause or with a wise Sheriff c. is that so called priviledge ought at all yet this in some cases is highly advanced this past and that he is to plead which ought to be openly the doors not shut during the Tryal the Law of God of England common reason and constant practice of Nations agrees it First he may make all by the Law void in the Letter by an appeal yea I take it also without shewing any cause Next by
chargeable this is destroying property in honest English for cutting up young Timber felling young stands underwood and the like with many other wrongs no law no remedy evident or practised Alter but the Law of hanging for Felony and this and a thousand things will the learned make Felony streight if you give but two-fold restitution or servitude for a set time to be by you appointed But especially look to give speedier Law in the proper places to at least the poor or small matters it is necessary to Commissionate some for the speciall Counties and that to determine all suits both in Law and equity the want of this is the main root of growing poverty and that upon Petition without formalities of Bill and Answer Declaration and Plea give a stop to cursory Writes of Error and regulate executions for under Sheriffs and their Officers have need of it if any I love the Reason of our Laws and am as much against Tyranny or pure Arbitrary Government as any man I honor the learned and upright Lawyer and would have vertue learning yea and service in all due Offices should be regarded and rewarded I allow the necessary dependances of inferiours in all ranks upon the supream or absolute powers respectively it is but the unnecessary fruitless or destructive interests that are opposed which every just man will stand for both with life and estate And by you Right Honorable in your prosecutions thereof let no private respect take you off it is not only reason but necessity calls to you for it therefore on in the excellency of strength fear not a clash with any corrupt interests whatsoever onely what is just let it be done justly it is the eminencie of Vertue alone can make your enemies hearts yours though power may conquer their persons By this time it is time to winde up my Clue of History wherein I profess in the presence of God I have to the utmost of my skill and knowledge waved all bitterness and what ever might justly give occasion of offence I yet know some will be taken by men of all tempers I nor no man that will speak truths in such a season of interests can expect to please all if it be hardly possible at any time I shall as God shall enable me go on the assistance of whose gracious Spirit I humbly crave and hold forth what the Law of pure reason agreeable to the divine word hath established to be the Rule for the exercise of Justice and of Righteousness among Christians But some will expect that I should speak one word to our so much pleaded boundaries to Preregative and Rule of Priviledge Magna Charta so called and the Petition of Right more then what hath been said I suppose needless to shew that they respectively in their seasons were but the beginnings of that freedome which the Subjects of those times breathed after they are to us or were before these divisions brake out but the reducing as I may say of speculative or notional Liberty into a way of practicall or real Freedome for what was before only in the breast of the Judge was now in English letters made obvious to each mans sense so that they after pleaded that Letter against any contrary walkings whether in the King or his Officers So that Magna Charta is not pleaded as the utmost due of the English Subject nor the Petition of Right but as those things which are so essentiall in the generalty to any Nation that even the Kings must afford them or they are not just And the Rulers must act accordingly or they are betrayers of Trust And if it be impartially discussed it will appear that the private interest of Princes or the power intrusted for publick benefit abused for self-ends hath been the ground of the principal opposition to Prices for where hath the excess of power or stretching the Law for publick benefit or honor of the Nation or against publick visible offendors been impugned no the lives of many Citizens and the confiscation of their estates not to speak of taxes or restraint of Liberty have been by the generalty praised and allowed though some prudent one might Stoically out of the fore-sight of mis-improving these presidents by evill men disallow such Liberty If a free-spirited understanding Englishman look upon the first Chapter of Magna Charta unless enforced through necessity to make use of any shaft to wound an Adversary yea though it flyes in his own face and wounds him what will he say to it for after the freedome granted to the so called Church the Preface or Assumption on the Kings part is That he having God before his eyes for the salvation of his own soul and the souls of his Predecessors and Successors of his own free will did give and grant c. the Liberties following to be holden of him his Heirs and Successors c. And these Liberties are there called Franchises which intimates the Kings gave them the freedoms there set down now who before had none and let any uninterested man look upon them and he will see they indeed hold a reason of policy but still subservient to the first settlement of the Bastard William there are many notable just things in it and surely such as by which the people were judged before the Charter granted but the people not having ought assured and before the power of the King the interest of Nobles the corruption of Iudges other matters rendring the Law then wholly incertain they sought this to clear up and assure their right as far as might be for Iustice ought to be like as the Elements are by the first intention wholly free Therefore the true understanding wise man saith That he inforces not Magna Charta as the boundary to English Laws or just Freedom or Christian Liberty but as a Catalogue of such immunities as were granted by the Kings to the Subjects formerly according to the then light the Nation had to ask and power to inforce for so they were pleaded by the Grantor many of which are now wholly ceased by time others have been altered some enlarged by subsequent judgements so called and Statutes and it is evident that the English now long and thirst after a rational setled Law in all the parts in the whole body taking the Law of God for the Rule as the Charter-Grantor did though the face of man was the visible Engine to draw the pleasant streams of Liberty out of the Ocean of Royal Power and although that succeeding Princes did never keep the Law wholly yet it was alwayes evident that a noble Prince that sought not himself so much as the glory of the Nation the Acts of such a one were seldom if at all questioned So that to give satisfaction according to the deep and often reiterated Engagements of the Nation it is requisite that some selected impartial honest understanding Religious Patriots be set apart as a Committee wholly to attend the collecting
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
Where is the Image of God Look upon the Magistrate by what names or titles so ever distinguished they execute not the judgement of God but of themselves they rule to satisfie their lust they glory in outward power riches honor and the like the great men both those that are mighty through wisdom as the learned Lawyer Phisitian Divine mighty in strength as the Commander in war Military Power or the Magistrate from the highest Iudge to the lowest Constable who are cloathed with civil power all as the Supream in Trust do lead follow the dance of eying the splendors and glories of the world and can we think that the multitude will not follow O all you mighty men What hath made you thus haste to destruction What was it that by degrees made possible what confidently none of you could once think on the executing of a King in the chief City of his Realm what made you seek a change and what prepared the way to the Iudgement which God had appointed was it not Self-seeking was it not raigning for Self was it not Oppression in Iustice was it not altering the end of the Law more then the Law it self though that was laid to his charge as fittest to draw the people to a sensible interest Those that came in place after what was it rendred them obnoxious to change was it not driving on the same trade and most assuredly it will in Gods Jnquisition for righteousness and Iudgement ruine all that shall tread the same path you cannot wholly ruine the native Liberty I avow to have after a total expulsion of the Kings Power and setling an other by your onely visible Power submitted to the Engamement to be true and faithful to the Commonwealth of England c. I by this acknowledge my self bound in my Place and Station to be actively to you untill as fully subdued while at liberty but if under the Sword of your Adversary I must submit unto the force and not act against them not you this the Law of Nature teaches the Law of best and Supream Reason further you cannot expect no nor your enemy unless you will be Tyrants and this either of you may require I allow not of seditious words writings or deeds I onely say Give the liberty you would take sure none but evil Magistrates ever would disallow a liberty to complain some say t is all that is left them But I shall desist from such enlargements and speak onely upon some few matters arising in the Verge of my trust I am bound by a necessity to declare the evils of them First Concerning the Tax for the Army It hath as to its great and unjust inequality been long complained of for some paid but two pence per pound that is the rate came to two pence per pound in those parts and they gave in but half value of their lands as twenty True value was rated at ten and no more if so much and the Towns adjacent were at full value one shilling two pence per pound yea some in other places one shilling ten pence so that in the highest rates to the E. of Manchester British Army Newark the Garrisons c. the poor owner and some rich ones did freely offer their whole Revenues to discharge Taxes This burthen was long laboured against after this comes an Act for an equal pound rate this by them who had good bargains was opposed and delayed so that the Armies necessities enforced a return to the old way of error Some just men renew this work more rigorously and an Act comes down for six months beginning at 25. of Decem. last the Act comes so late that it s not possible to act towards the first three moneths and that there might not be such delayes and evils as had faln out upon the former three months which gave no power to the Commissioners to act otherwise then by a pound rate so that many feared Premunires this gave such a power in case of not being able to compass the work in due time to return back again The business of the second three months was not thought fit to be put on foot till the first three moneths were ended when the time comes the old Opposers are the new Opposers and plead several pleas which will inlighten much to the truth of what is before Historized The main objections were three or four first It was Levelling and that it was as just to reduce all mens estates to an equality as the rates after so long continuance this a grave and wise man otherwise strenuously asserted The second was It was an obstruction to the service of the State for alteration of Customary Rates would be long in settling the monies would not come in and then the Souldier would return to free quarter and the next The Garrison of Lin were earnest not to alter fearing as they said That they that took free-quarter when it was not due and more then was due would out-do Reason if really behind The last was when we had done what we could we could not make a truly perfect Rate There was a fourth but little to the purpose and that was we knew not what nor how to rate and so we might over-rate as well as under-rate and for that we had no power To the first it was answered That a rule of Justice was desired not equalling estates but equal rating of them the best way to quiet spirits from thoughts of unjust Levelling To the second That it obstructed not the service to alter the rates from evil to good the souldier should have his money and would but each one lend their helping hand as soon as in the old way and to avoid raising more they would raise less and then rate a new as the Act ordered but if obstructing Service would bear a rate absolutely contrary to an Act before that reason would allow a little over rating now and the rather because it should truly ease the next Assessment the Accompter would appear and no evil done To the third it was said That the evil unjust rate had continued seven years and no remedy as unjust as at first and must be so for ever for the rule was to rate as formerly This was now provided for and what was now pleaded That the Parliament did not intend any alteration for alteration could not be without obstruction Thus Self makes use of all weapons for her advantage and were it possible to trust men in chief places not so selfish or that those in Supremacy were so clear that right might be expected we should soon see an alteration The next thing which I hold my self bound to give notice to the Nation of is The Assizes for Norfolk were according to evil Custome if there be so much in it kept at Thetford on the brink of the River parting Norfolk Suffolk the use arising from the High-Sheriffs heretofore serving for both Counties it having no prison fit to receive the
unite spirits and affections whereas plurality of parties or interests nourished they generate and consider advantages as hath been evident in the traverses of this Nation You have seen the standing out of the King against a few just things made at last that many that would have been granted would not serve the turn I profess it is meer zeal to Justice hath produced this I have avoided bitterness to the utmost My only hope desire and prayer is for the welfare of the Nation and the establishing of it upon the firm basis of most undenyable verities I shrink under the opposition Truth is like to find I know the alterations of Nations come not till Nature as it were almost stifled labors for life it must purge or perish I know where knowledge is greatest Satan is busiest here must be great if not the greatest opposition what God hath I hope dictated to my spirit I have held forth to you of this Nation who are in supream Trust You know how dangerous a thing it is to alter the frame of Ancient Government you yet see its easier far to pull down then to build to you I say it must be extraordinary Justice and exemplary vertue must stablish you The temper of our old English Government in the mixtures of the three main Regiments was in Christian Politicks heretofore held the soundest of all most just and so most durable As for evil Government of Kings through usurpation of power the purity of it being destroyed they did admit and do to this Establishment without King or Lords yet if the contrary drawings of the Democratique estate or insatiate interest as old Writers have objurgated of many equals tend to the continuance of pressures either of purse or person the issue will be dangerous it 's evident the looser knots have been untied by the halter I mean the Robber Burgler c. but the treble Cord of the Religious Necessitous poor which are a multitude joyning with the pretending Leveller and Hypocritical Opposer will know their time they look for the day of their necessity There is nothing of Justice or Civil Righteousness in a strict survey more then what meer form produces or necessity among the many If there be not a speedy settlement there must be a dis-settlement the people are prone to as well as stirred up to disobedience did you command never so well if Subjects shake off the yoak or loose it but in what or as long as they please Empire must down We are now as it were in the dregs of so called Populacy the Kings attempted alteration and alteration was just but just things must be done justly and as he suffered for seeking himself so will others in their day if the expected one come mete out to you You are compassed about with difficulties every way God give you eyes to see your way still we looking at your transactions afar off have seen God going along with you Be not deceived you see it was not in eminency of Justice Righteousness Mercy and Truth acted but held forth no we saw your failings but hope of your integrity for we saw God evidently changing your Errors into a question of foresight and prudence to your Enemies so that they beleeved that Stratagemicall which was Casual or rather of providence O that all this might but raise a heart in you to serve and trust God do not only hear Sermons and for you of other stations labour Righteousness in your places your divisions shew your carnality Learn the nature of the one Covenant made with Abraham Isaac and Jacob and ratified to us Christians so distinguished from time as of Faith and Works that as much of Works is now requisite under the Covenant so called of grace as was before of Faith under the Covenant of works contend not so much whether Magistrate or Congregations be the Keeper of the first Table as both to give due glory to God and educate the people faithfully in the knowledge and practice of the Doctrine of the Gospel and you chief in power to see to govern them according to a Rule of Righteousness upon a sure foundation in all places and callings which according to the Talent God hath given me I shall here hold forth to you and that out of the so called Law of England or usually accepted Law Books of the same with the Word of God and the approved examples of our most free Progenitors wherein that I name not the Authors I have before laid down the reason I shall only now hint That its the duty of Magistrates not to regard the person of the man from whom the work comes grant it but my mite if it be pure Gold put it into the Treasury I will give much light to some and though others know much more let them also improve their talent make use of this till then Some say 't is the nature of Englishmen better to follow in the dark then go before in the light give no more occasion to that proverb I am no enemy to Powers or Authorities Here is nothing difficult elevated above ordinary frame so austere that the practice is impossible for a time or dangerous to many for it is salutary to ten times so many more It is the reducing Government in as much as may and the progresses thereof to the Rule of our Saviour My yoak is easie and my burthen light laying forth Justice in a due proportion betwixt the Duty and the Power so opening the reason of the Magistrates power and the Subjects obedience that the ancient Quarrels of Interests on either side must be little if any at all stinting the many mutterings and murmurings against the State from the default of Officers and Clerks not of the Judges themselves which if not done do all the good you can and you will be still aspersed and scandalized and there is some reason for they and their Clerks are alike for their care is neither for publike good nor common honesty all they look at is private gain the great dishonour of a State and Nation Now the God of Heaven give me wisdom to hold it forth in such order that it may carry such an evidence of Truth that all Interests may submit to this one Interest of the Regiment of Christian reason in a Commonwealth and what ever is defective may by your power and industry with the advice of such whom you shall choose be speedily setled to his glory and the comfort of this afflicted Nation and set as a light upon a hill to be a direction and president to all the Nations of the Earth That you as faithful workmen may do great things to give free liberty to the word of salvation and build up the Jerusalem of God and set on the Gates and Barrs Locks and Bolts whereby the Congregations of the faithful may be kept pure within themselves by the power of the Word and free and secure from the violences of Enemies carnal and spiritual
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
appointed to ore-see Bridges Rivers Causeyways and all that is now within the extraordinary Jurisdiction of the Admiralty and Commission of Sewers 2 This so be setled that errors in Neighbouring Counties may be quietly remedied 3 The Error of purchasing Commissions Chap. 61. p. 175. shewing 1 The necessity of good witness in case of controversie 2 Legal objections difficult 3 Wicked men may be heard not sworn and the reason 4 One such evidence alone not sufficient 5 Objection of Alliance how to be accepted Chap. 62. p. 176. shewing 1 The necessitie of promulging Laws 2 The best way thereto 3 Punishment till then unfit to the common Subject Chap. 63. p. 176. shewing 1 How vain light apparel works upon nature 2 The Advantages publick from this no way equal to the dammage and is unlawful 3 The Magistrates duty to repress the excess of Apparel Chap. 64. p. 176. shewing 1 That Titular Honours as now flowing from a King give a tendency to the establishment of that Government 2 Good to decline them and that by exalting proper vertue Chap. 65. p. 177. shewing 1 No offence but under some general head of Law but the want is no set punishment where circumstances aggravate the offence exceedingly 2 Fit the Judge to punish according to the head rule or consult his Neighbours or secure till resolved legally in circuit 3 No Judge to be punished meerly for defect in form Chap 66. p. 178. shewing 1 The necessity of providing fit remedies for the ordinary causes of Duels 2 Words and light acts when grown obnoxious must have punishments suitable 3 Speedy remedy in this case of necessity 4 Incertain Tryals as by fire and water how best to be setled 5 If the suspected walk still inordinately how to be dealt with Chap. 67. p. 178 179 180 181 182 183 184. shewing 1 Questions 'twixt Magistrate and Church must be wisely discussed and here only hinted to open clearly the controversie so to pacifie 2 Wherein the controversie as now stated principally rests 3 This so far troubles the outward peace that the Magistrate must umpire 4 Certain questions urged by the Congregational way 180 181 5 Some private Quaeries concerning the Ministery and its maintenance 6 Age of Pastors and Baptizing Infants only hinted 7 Wherein Christian liberty principally consists 8 This opening the matter how it settles peace 9 The right of Tythes and how 182 10 What Religion the Magistrate must settle 11 Wherein the Churches power principally consists 12 Whither there may be two Supreams 13 How the controversie rises 14 How they of the Congregationall way settle it 183 15 An objection answered arising from the supposall of the necessity of uniformity 16 How far outward or sword Power reaches 17 What are impropriations and appropiations 18 Some things making Reformation difficult 19 That Prescription is but a particular mans custom 20 It ought to be adjudged lawfull and recorded before allowed Chap. 67. p. 185 186. Shewing 1 The Imperiall or Romane Civil Law to be the foundation of our Justice 185 2 How the multitude of their cases came to be digested 3 Why that Law was with us rejected or not used 4 Why those Lawyers were neglected 5 The evils of having two divers Laws to Judge by in one Nation 6 When a Church or State are in evident Error or Apostacie 185 186 7 A well constituted Nation must have a known settled Law proper 8 As little form as may be 9 The habits of honor kept distinct I say not sacred Chap. 68. pag. 186. Shewing 1 That to put Offices to sale in any kind is the inlet to all injustice 2 That wise and honest men have approved is no argument now 3 That there is a sufficient Revenue to carry on the work of Reformation with satisfaction to the Office and advantage to Magistrate and people 4 A consideration of the succession graduall of Officers 5 The way to have good Officers considered Chap. 69. pag. 187. Shewing 1 Breeding able Mariners of necessity to this Nation 2 How to breed them or how they be best bred 3 How to encourage and settle them 4 A consideration of the season called Lent 5 What the Magistrate may do in it 6 Objections against it Religious and Physical 7 Two wayes offered to salve all the first Religious the other Politique and not unjust for its general 8 The benefit considered and some laws fits to be established universally Chap 70. pag. 188. Shewing 1 Customes received engage to secure the seas 2 The Magistrate not bound to secure all but to imploy a sufficient guard 3 Yet the losses by Piracy are to be in some sort defrayed out of the advantage of prizes 4 Cases wherein there ought to be no satisfaction admitted Chap. 71. pag. 188 189. Shewing 1 That all officers that receive the revenues of the Commonwealth ought account 188 2 That its fit this be done in the particular Counties and the reasons 188 3 Judges must be thereto appointed and have power c. 4 All Fees settled and Offices during well abearing Chap. 72. pag. 189 190. Shewing 1 That the Magistrate hath all power to preserve the Peace 189 2 As King he hath no power in Church assemblies 3 Prudentially yet what ever done by him not simply unlawfull is lawfull 4 Reasons why no publick Church Conventions should or way be without particular allowance of the Magistrate 5 If upon disturbance of the peace the Magistrate settle a Law the Churches are bound to obey 6 The Right of calling Councels for setling matters of Religion so called cleared 190 7 The reason of the Authors undertakeing 190 191 192. 8 The Authors Prayer for a Spirit of turning to the Lord c. 192 193 c. FINIS ERRATA PAg. 102. l. 10. r. cautious l. 18. r. govern all l. 19. r. of force l. 22. r. as p. 112. ca. 11. l. 24. r. fancles p. 113. l. 27. r. transcendency p. 115. l. 10. dele this was derogative l. 36. r. groundage p. 118. l. 6. r. swerve p. 119. l. 47. r. now p. 120. l. x. r. at his l. 27. r. conquassations p. 123. l. 9. r. handed p. 225. l. 36. r. run p. 141. l. 45. r. simular p. 142. l. 24. r. objectors p. 146. l. 40. r. under p. 149. l. 10. r. that p. 151. l. 31. r. do we not rather p. 154. l. 40. r. into p. 158. l. 7. r. practice constant l. ult r. none p. 162. l. 13. r. without delay l. 17. r. twenty pound p. 163. l. 44. r. the fourth p. 165. l. 7. dele equally p. 165. l. 26. r. adjudged p. 173. l. 28. r. verdict p. 177. l. ult r. person p. 178. l. last but 4. r. discuss p. 186. l. 26. r. eighteen thousand l. 28. after Lord Au. r. c. p. 187. l. 15. for I r. It p. 192. l. 27. r. act vigorously AN ESSAY OF Christian Government The first Quaere what is Monarchy and its Divisions FIrst Monarchy in General or
Prince must bear sway and hath the preheminence The Heathens in glory of the Prince annexed the Priestly Office to the Superior Power not the Kings to the Priests and under Gods Law Moses was Aarons Prince or Father Aaron Moses Prophet Next the Civil part of Judicature was ever and now is clear and manifest except where interest or humour prevails and let that humour alone and it is ready to swarm into interest immediatly But this you will say determines the first part of the Question but the latter is undetermined To that it is generally answered that what power is necessary for the preservation of the peace of the Nation or Government is proper to the Supream Magistrate but an obliging power that is that simple obedience is to be given to his determination of but dubious matters in points of either Doctrine or pure Church-Discipline I beleeve never was nor will be yielded to him in matters circumstantially Religious otherwise barely civil was as generally agreed and will not now be denyed as concerning the time of Congregating the place and other Circumstantials for preservation of the peace of Church and Commonwealth yea if it were upon good reason the number that were to congregate provided there were enough to constitute a Congregation might be set by the Supream Magistrate and Christians bound to obey but this is only as keeper of the first Table not of the second Now to clear this it is to be known that if it be taken to be the Keeper of the two Tables so called to promote by all lawful means the glory of God as the good of men as all good and just Magistrates will and ought yea if it be by preaching himself or themselves and that either by word or Doctrine as good life they and all Christians are the keepers of both Tables and he or they as supream in power and so as more entrusted with means by God to do most for God then he or they who have the supremacy are by way of eminency the special keepers of them but that they are designed more especially to represent either the Kingly Priestly or Prophetical Office of the Lord Christ as head of his Church without the manifest tokens of more especial Grace and divine Revelation whereby to periodize the Controversies of their own Subjects holding forth to us under the same rule the will of God as the Priests under the Law is not easily discerned nor will I beleeve be strenuously urged The blessings which our Lord and Saviour held forth were meerly tending to his spiritual Kingdome and the propagating of it and given out to the Apostles and in them to all the Church as most sutable to not onely reason generally but the reason of that our King in his Transactions amongst them of this enough at present I come now to the last Quaere of the Prerogative of Princes 14. Whether Male Administration doth ipso facto dethrone Princes and give their Subjects power to depose them 15. And whether Kings and other Supreams may be punished by whom and how THis is a great weighty controversie truly Magistrates that desire to be flattered stand off you can hear nothing safely for your safety is your danger Now what we have said before tends much to the illustration of this point that is the due consideration of the end for which Magistracie is ordained for by the Law of pure Naturals no one is above another namely the preserving few against many weak against strong and right against wrong in Scripture phrase to be a terror to the evil and to that end not to wear the Sword in vain so that while evils are or may be Magistracie is necessary to be Now generally the defects and failings of Governors in themselves are not simply and alone a cause of neglect of obedience to them or the Laws by them for evil men may be good Magistrates but in case the Magistrate seeks to overthrow laws and all Righteous Government altering or crossing wholly the end of his ordination it is in this case clear he is not a Magistrate but he is a Tyrant an usurper an Enemy to Justice but then it is beleeved by some that the light or interpretation of this defection is in every man and so each man judges and may justly withdraw obedience and oppose This is gross ignorance no then every unjust man punished would be ready to rebell and miscall his deficiency Revenge of injury to the publique The Pope by the evill management among Princes of this quarrel brought the decision of all these controversies to his Tribunal and by the steps of seeming justice mounted the Chayre of Antichrist for he finding that the Ambition Pride Lust Covetize of earthly gods had raised up men against them and that many halings and pullings were between the Princes and Potentates of the earth and their Subjects the one to have all the power in their own hands the others to defend what they called sometimes Priviledges sometimes just Rights one while the inheritance of their Ancestors as what they had contended for and delivered to them sealed with their blood otherwhile their proper and natural birthright as dues to the people which no Power or Usurpation of a Prince could divest them of he politickly holding forth the necessity of an Umpire got absolutely into the Chayr of preheminence and deposed Kings for pleasure and Kings and Emperors and all for his profit Who would beleeve that now after five thousand years experience the world should not be able to unriddle this mystery the source of all our controversies is the Judicials not rightly understood for assuredly the Acts of their Kings is no rule for us or ours we are to follow them no further then they follow the light which God gives us all to walk by that is if you will look at their King it must be as bounded not as imitating the Kings of the Nations as not exalting himself over his brethren not as taking away the excellent young men and beautiful Maidens to be his servants and if so that he be under a Rule then he is not to rule not onely not evilly but not so well as he presumes he might unless it be made parcell of his Rule But if he breaks this Rule who shall enforce Now in this case it is plain that a Prince Ruler or inferiour Magistrate doing greater good then his Rule limits is in an error especially if opportunity were of having that enacted into a Law for men are men and to do so opens a door of jealousie 'twixt him and his people Next it stands as a president to his Successor Lastly it absolutely intimates either a neglect of the Law or seeking freedom by degrees from it but if this were evill or detrimental what remedy To clear this there must be a difference taken betwixt things partly destructive to the end of well reigning and wholly for unless wholly destructive threatning the whole community
it is plain as before that all eminency of power is solely and onely for the safety of the people wherefore it is fit to see wherein that safety doth consist and to that end we shall Quaere What is and wherein the priviledge of a free Subject doth properly consist HAving seen the great and due care of the Law for the well providing for the Supream Magistrate and that it looks at due both power and maintenance and sets limits in it self against all excess and out-boundings We now come to see after the priviledge of the Subject in the body so called Representative the priviledge of every particular man wherein the Supream reason hath also looked at every one but as a Member of the whole and hath setled that as the greatest priviledge to do most for the publike welfare and well and orderly government of all these in such sort as not onely the principles of Nature but the long experience of of so many Ages and above all the inlightenments of divine Wisdom have handled out to us in such manner as they are without all question And therefore as it is sufficiently manifested that particular men are through power favor riches malice and such like as ready and as desirous to deal unfaithfully injuriously and inhumanely with their neighbours as the Prince with the people therefore most excellent Reason so called Law and above all the divine Wisdom hath held out Magistracy to preserve as aforesaid against these evils by due Laws and the justness of these is the greatest priviledge and to have them like Gall and Wormwood is the highest dispriviledge The special matter wherein we usually place priviledge is first to Life secondly Liberty thirdly Goods and fourthly good Name and the Law for good Cause restrains a mans self in the abuse or ill use of these as well as preserves them to him against others Now that which gives is of more value and more honorable then that given The Heathen expressed it thus More glorious is it to rule Kings set up and pull down Kings then be a King whereby it is evident That the priviledge of the Subject is not to live at lust do as he lists revenge injuries and act Will for Law whether in higher or lower estate that is the Magistrate inferior to Tyrannize over the people without controll nor to execute what laws he hath in his power as he list but according to his rule nor the subject to abuse his fellow-Subject in word or deed much less to arraign the Magistrate and his actions with a forked tongue of envy at his pleasure no nor to misuse or abuse his own time his estate his liberty or power in his place and disobey all Law or at lest question and wrangle it how just so ever if contrary to his interest and how plain so ever yet to enter a contention meerly for pleasure and through his purse-potency to make evil good against his meaner or less favoured neighbour In short it is not to do what ever evil Custome or corrupt Practise or Selfish interest calls Law and due right I shall give you but one example or two among the many thousands of Englands Plague-sores not at all or not sufficiently provided against viz. A. Being a great Merchant and might be trusted upon his own Bond for an hundred thousand pounds takes up sixty thousand pounds with which and twenty thousand pounds with a wife for his son he purchases five thousand six hundred pounds per annum settles it upon the son and his wife and after breaks this and a thousand such gallant Cheates are ordinary and remediless though it will be pretended otherwise So again A. Merchant of London sells upon likeing at a set rate to B. a Merchant in Yarmouth a barrel of Nutmegs and sends them by sea by C. Master B. dislikes them pays double fraight as per agreement and returns them A. sues B. for them and recovers B. sues C. for them and recovers the value is thirty pound originally the costs of suit cometh to one hundred pound which is as much as C. is worth C. upon this being cast at Common Law flies into Chancery or upon Affida discovers that the truth is A. had the barrel of Nutmegs which upon the Trial betwixt C. and B. had been fully proved but that C. not knowing the servants of B. though he knew the name of him to whom the goods were delivered for A. his Master and C. coming to Subpoena him to appear as witness A. justly believing at it ought that the shame and dammage must at last light upon him sheweth C. a wrong man who takes his monye and the Subpoena and appears but can evidence nothing and B. is overthrown Now such and the like Cheates Thefts yea as bad as Robberies are not at all or so slightly and that with so much charge punished as is too much shame for a Barbarous Nation holding forth common Justice to allow So the wretchedness of Juries and the like which are so clean perverted from the first institution that though many honest just wise Patriots eye the first institution with great consideration yet they now see them with hearts of Regret abused and abusing their high trusts and all is pretended the liberty of the Subject So far hath the corruption of interests prevailed upon all estates To rake in this puddle of Negative Priviledge were to draw almost all the ordinary actions and litigations of the Commonwealth into question and arraign all persons in our Apostate pretending Reforming Age. I will not therefore expatiate but come to the Affirmative part of the Question and see wherein the liberty of the Subject doth consist properly and consider the same as I have done the other though tacitely generally and particularly First therefore I say that the priviledge of the Subject is to be governed by righteous and equal Laws the Magistrate executing without partiality his power in and for the preservation of life goods liberty and good name according to a just known and manifest Law for all enormities transgressions offences and crimes whatever This in general In particular it is to have the Supremacy of power so setled known and declared both in point of Revenue honor and power as consists with the best safety of the whole and that whether it be in a State Monarchical or Republical Secondly That the Laws by which they govern be as far as may be certain plain and easie to be understood Thirdly That this Law may extend to all offenders and the higher the trust the greater the punishment and the higher the injury the greater the recompence Fourthly That as the Laws be evaded or difused or misused or new evils encrease for which no head Law is provided evidently that this at the charge of the publike be speedily remedied that so the vitious nature of man may be deterred from acting old or inventing new forms of sinning That these Laws may extend to the Magistrate
answer so may any other be esteemed who shall venture the judgement of the Magistrate for blasphemy surely there is no word to warrant death for blasphemy no not of one who hath professed Christianity but the old so called Law But most assuredly the Magistrate hath a great latitude and may to some evidently and notorious inordinate liver inflict death Whereas he who onely from consulting over-curiously the God-head by reason and not comprehending the Essence of the infinite verity and wisdom by his works shall doubt and so deny God his Power c. ought not nor can justly be punished with death by the Magistrate but for such the Congregations ought to pray and endeavor and if yet he cannot be convinced living civilly and humbly the Magistrate ought to wait with patience using all due means if so be it may be that at last the Lord will reveal this thing unto him The same in a manner is to be the rule of Idolatry for as the most horrid blasphemer will allow if there were a God for he is an Atheist he would not blaspheme so the Idolater if this were Idolatry he would not Idolize and so not tempt to Idolatry For Witches there is much less doubt for most of them are drawn by malice to renounce God whom then they must own and dammage men either of which must end in death for death For Murderers Buggerers Burglars and the like are without question as capable to us of repentance as any of these and then no one with Christians should dye for any offence And it is plain as before that in the Apostolicall Writings there is held forth nothing of the legal punishments Paul and all of the Apostles writing and bending their speeches to the Churches who were faithfull elected to be Saints and for the Sinners they were to reprehend and convince exhort and perswade and for greatness of crime or obstinacy to cast out And Paul for all other things leaves them to the Magisterial Power By which I presume it is plain that offending against the verity and purity of Christianity the Church ought to eject and offending against the purity of Righteousness under Evangelical englightenments the Magistrate ought to punish according to the Nature of the offence that the Magistrate was to follow the Churches censure as uncapable to judge of such crimes is not to be moved or that the Church could not meddle until the legal Tryal were ratified is as contrary to sound Truth Now if the Magistrate may judge he may enact Laws as it is plain from whence I conclude That the Civil Magistrate hath the power of Right to establish Laws against irreligion viz. blasphemy Idolatry and tempting to Idolatry and that in some cases with death In Witchcraft without doubt unless you shall distinguish in Witchcraft as in the other between the witch that hath covenanted with the Divel nourisheth Imps c. and does no harm to man in body or goods and they that do as in case of Heresie or blasphemous opinions private and published Idolators and inticers to Idolatry leaving the mental and opinionative part to God and the Active sensible part to man But surely this reason should as to Blasphemy Idolatry and Witchcraft have been as well considered under the Law for the Reason seems to be the same But to proceed under the name of witches I comprehend Enchanters Poysoners keepers of familiar spirits and all that have entred any actual Covenant with the Divel be it by word or writing Now that which evidences to me most strongly the power of the Civil Magistrate in and concerning these matters is that they are called works of the flesh which to the judicious Inquisitive will plainly denote the light of Nature might evince them of the contrary for they are deviations from the pure light of reason to blaspheme a God to worship or allure to the worship of a stock or stone or Image for a God or to make a league with the Divel But if you ask whether I intend this Doctrine universally as laid down I cannot agree it For first to Heathens I allow it not as abhorring the inference of propagating Religion by the Sword Next I allow it not to sober civil doubting men for absolutely prophane and perverse scoffers I yet beleeve and cannot see to the contrary but that their blood is upon their own heads As in case of Murder breaking open of houses c. and what else the Law doth punish mortally this gives much more liberty to men then heretofore But what if as Paul preached Diana c. to be no gods but the work of mens hands That a Turk should preach publickly the Doctrine of Jesus Christ to be a meer fancy and blasphemy In this case as a Turk let him be forbidden if not obeying let him be banished How can a Christian Magistrate to witness his zeal to his God and his endeavour to establish the peace of his Countrey do less But if he be a Christian that thus Apostatizes the rule is limited before But the best way is where there is just doubt the Christian Magistrate is not to go to the height and rigor of life but to seek out with all wisdom a due remedy answerable to the light of our Gospel-profession and not cease till a rule were set All the other power of the Magistrate for the well living of men might easily be included in Laws concerning Magistrates superior and inferior and people and those either living in Cities or Towns or private families whether of parents and children Tutor and Pupils husbands and wives masters and servants for all contracts houses and lands bargaining and selling c. words and deeds man and beast night and day as in warding and watching peace and warrs as the ordering charging trayning and paying of Souldiers as also punishing of them health and sickness providing for the poor But some Judicials which are alterable may I suppose now seem necessary which former Ages disallowed As for example The Battelling of houses lest any should fall from the roof so the double portion of the elder Brother And some just and rational Law instead of the so called Clergy for a safety for such offendors as it shall be thought meet to allow it to But a City is dangerous lest a multitude of evil persons might prove obnoxious except the strict Rule of its Government in the setled inhabitants may bridle the exorbitancie of such evil Guests the Law concerning a woman with child whereby her fruit departs from her and those who procure Abortion by open force or private violence Now although it is plain that all Errors of Christians ought to be reproved with much care and with all Christian information yet these sins which are so plain are to be plainly enforced by the Civil Magistrate but those others which are tending to the service not dishonour and blasphemy of the Almighty ought to be with much Christian perswasion reformed not by
ought be paid out by the Guardian but necessary expences according to the proportion of the Estate at a fixed rate not above Let the Guardian be appointed by a sworn and also answerable Magistrate for the value And the discharge of that Guardian or any Guardian by Nature or Nurture as to any estate accruing to the Infant under age so they be visibly responsal at the time ought to be as good as any mans of full estate and as to them that are visibly unable or evidently debaucht indebted c. then the person or persons that are to pay ought to pay it to the publick Treasure of the City or County which ought to that purpose be setled to be paid at full age to the infant and in the mean time 5. l. per cent and no more or four as the chief Magistrate shall see reason to enact And for successions in inheritances to real Estate let it be in case of the death of any brother c. as the Magistrate shall agree whether all to the next of the whole blood or the son of the second wife to succeed before the daughters of the whole blood Or in case of division a double portion to the Eldest and the rest equally divided the division to be made by three persons one chosen by the Eldest a second by the rest they two to chuse a third man and for personal estates all to be equally divided and the division as to value to be setled who ever be intrusted to the ordering of the matter before ought done besides burial of the dead onely decently and paying of debts Whether it be requisite to have Cities Town Corporate c. And they to have Priviledges and Laws And whether all ought to have like Priviledges and the best way of trial of Laws or probation of Laws and by-Laws AFter the youth be grown to Age they are to become sharers in Trusts and Duties and Offices of the Commonwealth some in the Countries some in the Cities for the evils of Depredations Thefts Roberies c. did at first necessarily cause men to gather into Societies and Companies and the same end of safety in time of War to have strong places to retire to is still and the same necessity did inforce Laws diverse from the other places of the Country here were Taxes for repairing of Walls Bridges Defences Watchings Wardings Pavings cleansing of Streets Common-Sewers and the like which were certain hence the taking people infected with the Plague c. from their own dwellings and removing them into places specially appointed according to their quality hence men are liable to Laws of conveniencie temporary or ought to be and that for peace sake which saves life absolutely healths sake and trades sake which are but comforts of and for well-living but most assuredly Cities being necessary and Towns It is necessary and of necessity to maintain and allow a necessary distinct Law within the Precincts not as Franchises against Law but of diverse Laws according to the necessity of the place and the trades there driven Now the Laws of Cities c. though they must in the regards aforesaid be diverse yet in respect of their proper nature as bodies corporate they ought all prefixedly and positively to have those Laws set and known and a due enforcing power in a speedy way for the standing out of a man in a tedious suit cools all obedience as Experience manifests clearly Therefore draw and settle the Government of these places by a head Law the Charter-Grant is but the foundation of Bribery and Extortion Nurcery of Prerogative and Arbitrary Liberty and fit to be avoided Experience hath so evidenced the Truth that I cease to contend and onely assert This head Law must distinguish Inn-land and Sea-Towns and Cities for the other Laws respectively they are communicable generally one to another onely the particular Regulation of Trades which must have special power well setled to regulate the exorbitances of the Artificers particularlys And to that end they must both Cities Towns and Companies have power to make by-By-Laws which are to be approved Now to that one word to the probation of Laws and By-Laws which being respectively for the Nation Cities Towns and Companies of publike concernment and what are of particular use may have a general influence Therefore it is requisite after a defect Seen to propound the defect and remedie which the then chief in Trusts respectively for City Town or Company think fit to the City Town or Company That being done the same to be promulged for a Law if allowed but not so to be received for a short set time during which any Citizen Towns-man or Artificer is to bring his Reasons in Writing against that Law and propounding a better or offering expedients to remedy visible evils and only leave their Reasons Then is the Supream Officer to cause them to be searched read and debated if great difficulty arise to take the opinion of the Judges in Circuit appointed who are to determine the difficulty or the Law as appointed by the Magistrate to stand if they find difficulty then to state the Case and present it to the Representative of the Nation who are to discuss and allow the same alway es provided that for Regulation sake from one moneth after need seen of a Law and promulged by hanging up openly in several the eminent parts or places of the City Town that Law to stand though not so good till another Law be established by them or the Supream Magistrate for better an evil Law then none at all No Law after once established to be questioned by particular men which enervates not onely the particular Law or Priviledge but tends to confusion and as no City nor Town so no company ought to be without due Regulation nor any person but in and of some Company Decree or Order setled and known Whether and how Customs are to be admitted as Law CUstom hath necessarily been accounted part of our Law and that rightly as to the Rule namely That no Custom is good unless the same be reasonable yet this admitting of Custom among Christians is of the prophane Apostate Church and Commonwealth for by this Rule the whole Family Township City County Nation may as we have done live all dayes of our life under evil wicked and pernitious Customs Therefore the Magistrate ought to admit nothing to be pleaded as a Custom untill allowed by certain Judges who allowing or disallowing the Custom as reasonable that is justly to be used by not onely men but Christians the same is equal to and is indeed the Law temporary or setled for a certain limit or more generally or universal as the nature of the thing is this will avoid the ingendring of all sorts of corrupt envious and self-seeking Customs and cool our greedy devillish upholding of them by manifest and open perjuries and the like Then that all particular Customs of particular places be inrowled under
a moneth a quarter a year for Tryal and at unreasonable charge and as soon as gone a Tryal if stay a flaw in the Indictment though the Evidence be plain This was Englands old Law and the reasons are the same the alteration was the sweet benefit not Justice or Righteousness Why cannot the Justices in Ordinary in the County try Felons Murders and Treasons as well by a setled Commission as a Special one And in all faults the condition of the fault and the quality of the person ought to be observed In an Amerciament or Fine I would have but one word for all purse-pains for that is just and is our Liberty of old and now ought to be For Murderers of themselves and Murders and Manslaughters by unknown persons let such rule be as is proportionate for Fines to deterr not ruine Wife and Children and enquiry in all by one specially appointed as with us per Coroner but let his power and Fee be certain that he encroach not on the Office of the Justice who is but Inquisitor yet it might be better to give every Justice that power For Deodands let the Law be setled by some Rule of proportion which our Law books hold not forth but solely for the advantage of the Crown so called yet under the Right of God as the Priests portion this seems wholly superstitious For words threatening life let good Sureties be for the peace and let due publick and evidently hearty confession of his unchristian walking be before remission This will quiet all double Controversies For of suing first an Appeal and then an an Indictment first Indictment and then action brings that there is no end of labour Now let us see how Felons are to be apprehended How Felons ought to be accused and apprehended FOR this for the security of the Priviledge of the people we must distinguish between palpable and publick justly known or probably suspected Malefactors and private and concealed yet with some light and possible causes of suspition Now in all known cases and justly suspected every one may apprehend without a Warrant yea if but justly that is upon strong presumptions suspected because of flying but in case of but probable lighter and lesser suspitions no man ought to be apprehended but by Warrant that is the causes of Suspition allowed by the Justice the Warrant is to be granted if he denyes the party may go to another and where ever just suspitions be or a warrant the party complaining except the informations be feigned or causes of apprehension meerly suggestions no suit ought to be and in case the person be obstinate and dangerous or the number many the Civil Officers may undoubtedly crave the assistance of the Military power of the Nation if any be ready or otherwise raise them and it is no dispriviledge at all Now shortly let us see how they are to be dealt withall when apprehended How and where imprisoned How maintained And of the Treasurers therefore ASsuredly things are best tryed immediately as acted and would save much needless if not unjust and imprudent trouble and vexation in the world and then imprisonment would not be a question of such controversie But in case it shall be delayed a short time for it is unjust to delay so long as restraint and charge there happily of an innocent shall bring a greater evil by beggering wife and family then the original dammage Yea grant it were for Murther but put it so Let the Prisons for criminal offenders be only within walled Towns or at least Corporations in respect of the multitude of Inhabitants necessitated to incorporate and come under particular Government not contrary to the general Law of the Nation Next Let them there be maintained at the charge of the County at a set Rate if they have not whereof to live and this according to their condition and if clearly not guilty of offence against the Commonwealth let them be acquitted free from Fees or Fines To this end as before Let the Gaolor and all Officers have Fees from the State out of the Fines Let there be special Trasurers to whom the Atrorney for the Commonwealth shall pay the Fines as the Record is for in this there shall need no abateing of Fines for all men shall still have something to live upon For their imployment in prison let it be according to their Trade if not highly criminal that is for life in which Cases the more speed ought to be that so he may again return to the service of the Commonwealth and sustentation of his particular Family unless a person notoriously factious and dangerous and that in time of danger in which Case better restrain Liberty private then endanger the publike safety Who is Baylable THe answering body for body is now out of use or it had better be and one onely word of bailing used wherein the party is to appear at a day or the Recognizance that is the summ wherein he was bound to be forfreted Now set the Rule certain in high Treasons where the party is eminent and times dangerous surely to admit Bail were vain therefore resolve the contrary for it is no priviledge yet as such it would be claimed and breed Tumults or lay the foundation of Sedition But for misprision of Treason and words let them be bayled but in all Treasons as in all Cases of death speedy trial is of necessity if the ordinary Judges be not sufficient send down either at the Circuit if such may be agreed or adjoyn others of the same or adjacent Counties in a setled way that the Subject may truly know his time for trial otherwise to be bayled of course and set the Judge his power in certain that he may know his duty and perform it without or be duly questioned and his reason known why he denies But for Bayl 's in Manslaughter and the like set down the value as for Example for Manslaughter two hundred Maim one hundred wounding fifty beating forty assault twenty or leave it to discretion of Justices onely put not in men unfit our present shame And thus let all Vagrants all idle persons though seemingly able to live of themselves if suspected or not able to give a good account to the Justice go under bayl for their good behavior or be sent to the place of their birth or if found refractory or dangerous set to work in Bridewells well ordered and sufficiently provided with good wise and faithful Visitors Justices of the Peace there to be till enquiry be or certificate of their condition that order may be taken accordingly Now for the Trial of all persons let it be as speedy so publike and with one Counsel no more if they please who may freely and openly speak the Law and no more not manage evidence as is now used and if the Judge denies the Law let an Appeal lie to the next Circuit under the Councels Hand and with his Reason but if the Judgement be affirmed let
to the complainant to be immediately awarded and delivered within three dayes under the penalty of a Fine Treble value for the time it is holden above three dayes to the rent for half a year For obedience in Civils must be rendred to mistaken judgements final or primary if final for ever if primary till death of the party unless he lives ten or twenty years for it is fit to set a time after such judgements that so it may be fit for a Purchaser who may otherwise pay his money and lose his land if the Demandant or Complainer be not able to make good his Title let him pay the Fine for the charges of the Defendent as is adjudged in open Court and then let him be dismissed which Fine must be according to the nature of the offence and the estate of the party both being considered How Equity is to be pursued BUt it may happen that part of the money in a personal action or complaint is paid and that the land is forfeited in case of a Mortgage upon a Cause equitable in Law as enemies hindred great Waters robbed going to tender the money and bound or the like not voluntary neglects as now whereby the controversing in Courts is more expensive to the Subject then the Army which appearing in the legal Court before the Judge there let him transmit the Case upon his word of a sworn Judge that is intended upon his Oath that there is just matter of equity and let him see the Case and examine what Witnesses he pleases and fend for what other he judges fit always provided he decrees the Case within a set time as ten dayes at the furthest and then let possession be continued or adjudged as the Case requires This also must be pursued that no rule at Common Law or Order so called in Court of Equity but be Ingrossed Read and Signed by the Judge before going out of Court Now to some there will some difficulties arise at first what needs this double work may not one Court determine Equity also Next the Lawyers will never agree an Order with the Judge in Court advantages are so sought and preferred as daily experience manifesteth Whether Law Courts and of Equity also are to be FOr this it is most certain that while men we must in all lawful ways give satisfaction to the experienced evils arising amongst men and that as the evil is capable of reformation heretofore many delays and draynings of the truth in a set legal course was thought a good way or at least so pretended to make justice pure form was set up to an eminent height and seeing the Idol men bowed down to it and it was thought better to part with some real Justice then lose a shadow which gave refreshment to so many c. Now this though it may have shadow which as the world grows past amusing will fall of it self so it hath substance for the work is proper to another judgement and of it self likely to be sufficient for one Court especially if those men be impowered to hear and determine all small matters of equity as it is fit The other Judges in Civil Courts should do all matters of trifle and also all suits both legal and equitable of poor men What and why pleaders are to be and their Duties SUrely the knowledge of the Laws municipal and just and righteous setled Customes of Nations which are Laws are highly to be honoured esteemed and provided for they are the left eye of the Nation as the instructers of the Nation in the knowledge of divine wisdom are the right eye Now to draw men to such labours there must be some allurements we had so many that of late years it drew all the prime wits and parts of the Nation that way and all the Courts being at Westminster the whole Nation during the so called Terms was void of requisite Government for these wits to maintain and encrease their honour and riches had made the Law so difficult that good honest Knights and Squires in the Counties yea though they had studied the Law durst not venture upon a matter extraordinary how then should Citizens and these and the Attorneys by the adjudges tricks and niceties had buried Justice past finding out by Juries each man had his legal quillet to deceive the honest man prejudice the State and yet satisfie his so called conscience Now if pleaders be rightly used then they are no more but men skilled in the Law who are for the party who chooses them for their Councel that is such upon whose judgement and skill in Law they will depend to make good the Law for them to the Judge to manage evidence which some have been famously infamous for to do what they can for the Clyent that is by lawful or unlawful wayes to get the day is most unchristian Thus yet old Lawyers through tricks use to deceive young Lawyers and unpractised Judges or old or sleepy or such ignorant ones as have been admitted and continued till they with credit of conscience left their place therefore it is unfit any Lawyer speak but to the Law and that only to the Judge and that to enform him and require his advice and that he ask these questions Let all these Lawyers after admitted to plead set in the Court below the Judges covered but when they speak and any one as a friend to justice though not retained may speak to the Iudge his opinion And let all but the present pleaders be as assistants as to so much as information of the Law according to their skill and knowledge let but one be retayned for one man and let not his Fee be above two shillings six pence and that a supply be let each one have a pension or an office from the State and then in case it amounts to a competent salary it is better to allow no Fee at all The objections of laziness and the like which will ensue upon this are no way answerable to the necessity of giving stop to the immoderate labouring after riches now in this generation and that onely to be Fathers to a lazy idle ignorant gallant Son c. What Attornies are to be and their Duties MAny will think Attornies as needless as Courts of Equity and so they are yea truly not of so much necessity yet much good there is in Attornies But so many is to nourish knavety and shew an unchristian Commonwealth for many of them cannot live no more then many Lawyers without much contention Which shews strongly that our Commonwealth is but baptized Christian with water not the Spirit of love meekness gentleness peace long sufferance forgiving as we would be forgiven Oh the sad case of Christendome so called I must grieve to think of it though others laugh at me But while all men are not capable of the plainest forms of Law it may be conceived requisite to admit men who shall appear by their warrant to answer for them but
original and the head of this fountain of bitterness being stopped the streams it is hoped will be dried up From whence doth all this proceed but from the opinion of the benefit of uniformity and from thence the necessity and thus we War that we might have peace and instead of convincing by Love and waiting the appointed time when the vision will assuredly make haste and come and will not tarry we enforce labouring as we think by humane wisdom politiquely to prevent the evils we imagine may grow to a disturbance of the Peace of the Church And surely this pride of heart and humane Wisdom this thinking so well of our selves and looking at the opinions of Christians more then the lives and conversations which is next to the eye of every man and whereby God and Christ and the Gospel is visibly dishonoured is the source or spring of the quarrels of Christians our duty in practicall Christianity is so plain and our conversation so contrary that it is the Wonderment of a Moralist and all our divisions for Church Government Power oh had we Power And what brethren could you do with your Power could you raze one opinion out of the heart of any conscientious man now after so many thousand yeers man leave this vanity Christian now after sixteen hundred yeers learn to know the motions of the heart are only in the hand of the Lord teach in season and out of season to draw to the Faith but let the Spirit of man be convinced of the duty of Faith What sense and reason is capable of in the plain Law enforce so far as to secure the peace and expiate justly the offence For the Quaere of the power of Churches one over the other I suppose it is beaten sufficiently and in whom the Power of setling of Pastors and Power of excommunication rests I shall now proceed and as a necessary Quaere treate a little First of Impropriations and then of Prescriptions Impropriations to speak plainly are of two sorts the first called appropriations being the granting presentative benefices to Religious houses The other was the freeing of such Lands as were given to Religious houses from the payment of Tythes the ground of this was the supposed vertue that was in the prayers of these Religious persons but indeed there was a knot of carnall Policy also which was to keep the people ignorant by admitting little preaching which was counted the mother and nurse of Sedition Now this Arrow came not only out of the Popes quiver but secular so called Princes after he began followed till at length the Abbyes Monastaries Fryeries c. had abounding in riches and thereby abounding in ease growing Luxurious and sinfull beyond belief fulfilled the measure of their iniquities and Henry the 8. was the instrument as aforesaid to plague them who yet looking rather at Lucre and Power temporall then Religious duty did not return the Benefices and Tythes into the Ancient course but conveyed them still along to the owners of the Lands of those Monasteries c. to which they were annexed as they are still continued Now as many had such things by particular grant so others held them and some other onely by prescription but the not doing of three or four things makes Reformation difficult First the not ordering all Christians in a Congregational way either limited or parochiall or absolute which is best without which a choice of a just safe and equall representative Christian will never be Next the not ordering all Annexations and Impropriations into the Common stock for the maintenance of teachers Humane and Divine Thirdly the discharging of all prescriptions customes Grants c. of particular priviledge of old either of places times or persons Lastly the setling one Law weight measure and tenure precisely throughout the Nation Now to speak one word of prescription I take it to be but only the continued Right of a particular person or family or now of a Corporation Township c. So that upon due and full search it seems to me no more then a custome in many places and cases Now for this the time of prescription ought to be set certain next the same ought after once pleaded to be setled and published just as a custome so that no publike Right may not be publikely known and the Justice of it owned for many prescriptions are as unjust as many customes and equally to be disallowed as arising upon false grounds evil in themselves or tending to the dammage of the publike I now come to Quaere What Law the Christian Magistrate ought to settle THis I suppose many will accompt a needless quaere both in respect that the law judicial generally is formerly asserted requisite to be the head law and also a forme or kinde of setled proceeding in law agreed to be principally according to the reason of the common law so called of the Nation herein laid down as grounded on the word of God But my intent is a little to discuss the rights of the so called common law and civil Law and whither it be fit to allow such divers courts of so called divers laws and to search shortly whether they were originally one and the same or not which I really suppose they were for it is evident that although the first writers of our laws use not the forme of words of the civil law dividing the law into the tomes of the Digest the Code the Authentick and the Feuds Yet the rule of Justinians Institutes which are an epitome of the Digest is by them wholly observed Now the Digest or Pandect that is the new called Institutes for they are various in names I agree to be but the drawing of the multitude of particular opinions and judgements of many venerable sages of the Law into one setled body of Law containing variety of learning upon particular Titles of law or head laws which laws being grown exceeding voluminous and intricate the English neglected them and few being learned they were under the sword dispensed with and politiquely brought into the Closet of the Conquerors breast and as the condition of the Nation required were enlarged or streightned at pleasure And upon interest only the municipal law or customary Law of the people was by some setled in opposition to the so called civil Law Now this interest was partly of Princes who found the Civilian still to draw strongly towards the advancement of Papall interest partly of the practizer who hereby siding with the Prince at last drew the Civilian into a narrow room and got the name of common lawyer as studious of that law which was used and received among the people by tradition generally and in time they got preheminences and liberties as we have seen established We have known the great strifes that have been in these courts not out of conscience of the interest of justice to be either more faithfuly or more speedily and at a due rate executed but to bring grist
to the Mill as the ministers glory was to have a multitude of Auditors no matter how few Christians they would but scan his Doctrine question his life and unless he were more worthy scruple adding more to his former abundance So these mens honor was to have their courts packed with sutors that the several practiser from the Judge to the dore-keeper might have his Fee from these shifts grew the so called prohibitions consultations c. And the poor Sutor was undone while the Courts admitted First with ease the Quaere and then eagerly prosecuted their own dues and rights before his could be determined which was ever slow paced enough This evidences the necessity of setled Fees in all places and that from the supream Magistrate This also clears the case that the supream Magistrate must admit but one Law in practice and proceeding nor one sort of Lawyers he may for the advance of learning order the study of it in Latin and all the exercises But the practise all ought assuredly to be in the vulgar tongue of the Nation and in that tongue to be constantly printed and also all precepts and processes of the Courts whatsoever for the pure executing of justice is more to be eyed then humane learning For as in the Ecclesiastick State when the ordinances of men and unction of men are preferred above and justle out the ordinances and unction of the Lord the Church is Apostate So when interests overtop justice and justice and righteousness are become Nominal Topical heads Hypocritical Colours to wilder the people the State is also Apostate and as long as either of these work in Church or State the Apostacy the fatal ruining Antichristian Apostacy reigns Therefore all the Courts of a well constituted Nation a Nation that seeks the welfare and freedome of her people indeed must have a body of Law proper to the Nation and this must as before be so setled that every Subject may in due just and evident way partake the benefit of it therefore it must all be common and keep that name that weak ones may not be offended what law soever be setled for it is most properly belonging to the Community Lastly admit as little form as may be yet I would settle the habits of Judges and practizers in all Courts but by way of honor for I intend but this one word the glory of form is lost where form is made Common Scarlet the ornament of Judges is the guard of a Groom in these daies Whither offices may be put to sale IN a word this is the plain inlet to all corruption admit this and your setlement must totter to distinguish betwixt judicial places and other is but to hook in a liberty to unlawful things by degrees for all are officers tending to the execution of Justice and it is unjust to pay too much and to stay too long for justice as well as to be denied justice or have false justice Admit such practises and all evasions of Law will be not only studied but practised one evill admitted a thousand follow That just and honest and wisemen have done it and do it is not worth the while the short answer is there is no man but errs And soonest in matters of interest much more where custome signes the lawfulnes of it but a word to what makes it seem lawful Suppose the place be eighteen hundred pounds per annum accompted as the Chancelours was in the late Kings time and Sir John Finch pay so much annually viz. Two thousand pound to Duke Hamilton Two thousand to Lord Au. and at last hath four or five thousand pound a year only to himself So the Prothonotary of the Common Pleas to pay eleven thousand pounds for his place and have eleven twelve thirteen fourteen fifteen hundred or two thousand pounds a year had he not better have had it freely and only five hundred then if he had died within a year left his only daughter a beggar and his Friends engaged only to purchase a more then necessary allowance I could set down who had this money how it was shared unless wise and honest men then misinformed me By this it is clear that there may be a sufficiency to settle the interests of the supream Magistrate if they have wise and honest men to carry on the work upon foundations of certain Justice and pay every officer and the Supream Magistrate to be a gainer however no looser but the people to be surely advantaged in the just procedure and Issue of their litigations Now for the choice of Officers it is setled before both in the qualification honest and skilled and in due manner approved and in places of many Officers where aptness is by the course of succession if no objection bee is most plausible but not to be tied to it Now the way to have good Officers is to settle eminently just Judges and to gain them is not to have too many and in yong States or beginnings this is of absolute neeessity for without it ruine is unavoidable The necessity of educating Sea-men and the way of breeding them and from that of the Politique Law to restrain eating of Flesh THis quere is of great concernment to This Nation and Island God is our support but the means which the Lord affords us are not to be neglected Therefore in the first place we shall look at the way of encreasing and breeding Mariners I suppose it is clear to most intelligent men that by the fishery there by long being abroad in stormy seasons and high Seas whither great gain invites them they become not only inured to the Sea but grow hardned and dreadless their experience being much more then either a Merchant or man of War can atchieve So that where they breed one able Mariner a poor North Sea-man breeds Ten. And indeed from these are your great Ships manned I must therefore be the care of the Supream Magistrate especially to provide for even these The first care is that they may fish safely therefore the convoy ought to be sufficient Next when they come home there must be vent for the fish The obstacle is the old superstition of the Lent or the Forty dayes fast the just and prudent Magistrate can easily remedy this by making it Twenty eight or Thirty daies There is an objection or two against the season First religious or so supposed just before Easter and carries the time of superstition setle it to begin upon a certain day of the Month yearly and that scruple is gone The next is Physical then is the return of the year and our bodies which should then receive best nourishment are filled by fish with cold and flatulent nourishment this may seem much to some but it is not worth the while for suppose there were nor flesh nor fish there is variety of meats to live on for a month in England But I suppose two daies in a week truly observed to have no flesh spent were
might be but now a clearer light manifests higher things or is so pretended to The main particular and worthy consideration is our formation of Christian policy according to the Jewish Model for we held all Baptized as Circumcised to be Christians Now of these how excellent Christians we have the Gallows Gaoles Houses of Correction for punishment and all places of vanity such as almost the Heathen would blush at Drinking Dicing Drabbing c. publickly known manifestly proclaim and though no rents to the State as at Rome for the Stews yet to the Statesmen they enhance Farm Rents c. for surely were there no advantageous interests they would not against common profession be upon so weak reasons as they are tolerated while winked at yet what is done with these Christians lo they are punished are they not Surely no not one of ten if one of a hundred and this punishment is the sacrificeing for sin and this past they are if it be but commutation as clear Christians as the best and being now become more serviceable to corrupt interests these spied out the lawful Liberties of better Christians which the Judicials not affording a whip for The Magistrate must be loosed from his restraint rather then not have an honest man punished this raised error upon error and opened this loose to the Christian to seek freedom from an unjust Law and to the Magistrate to seek to punish at lust But if you see through all the Apostles Writings they only forbid the sin and for punishment look at the Law in general which surely they could not intend but of the Judicial Now for the Commands of Christ the Lord and the Precepts of Love Charity Patience forbearance c. they are certainly true and to be observed and then the Quaere or Objection is what need of Law The Answer to this is as evident as the other That the purest Congregations Churches c. have had and ever will have evil men among them not only hypocrites but open sinners The error of the Congregations not ejecting or Magistrates not punishing or not due regulating by punishment rather shews the necessity of Law then the uselesness of it Now grant that the whole Nation were purely Church-Members of which no visible cause of ejecting or rejecting communion appeared yet there would or might arise many debates differences and controversies which would require a Magisteriall Authority to determine if but for difficulty And surely the Congregations of Christians never so little declining could not avoid litigations and wranglings and there being no word to extirpate the Civil Magistracie it becomes not Christians to wrangle much less violently to oppose so approved so necessary an Ordance That opinion that in the simplicity of the last Age as in the beginning the father of the Family shall be King and Priest hath little warrant that hath more that each Saint shall be so and yet in the mean time as hitherto subject to the powers yea the Heathen ones for conscience sake of the radiancy or glimpse of the Divinity holden forth in them It is truth pure Christians will not be contentious some meek spirits may and will obey the letter of Christ and sure they that do so in faith shall not fare the worse for their exact obedience but in the mean-time this is no binding rule to us except the words be so intended It is truth the child of God seeks not his own c. he is wholly taken up with God c. shall the Magistrate therefore see evil against him go unpunished Again love and not avengeing wrongs and praying for enemies in the spiritual sence may stand with the punishing afflicting and bringing to judgement the body of the transgressor in the literal yea God is thereby glorified otherwise how can the peace of good men be preserved against the wicked but miraculously which we have no warrant to expect at present and what shall be hereafter as the light manifests it self the Lord grant we may walk in it and also up to it and that our Laws may be established according to a rule of Righteousness even according to the wisdom revealed by God himself and that all emergent Laws may flow from the same fountain for for every action contingent there is as is agreed no particular Law already setled nor well can be but the Christian Magistrate ought to provide that not the least wrong or trespass but be righted or punished I must yet remove one rub and that is the Judicials have been our misguider hitherto therefore better any other Law then them 't is the same that was objected for using of formes whether of prayer or otherwise which the Church of Rome used and was partly spoken to before particularly in that all our old errors having sprung from that root that it is necessary yea some say of necessity to wave that for our rule lest we tread the same trace of error that was before our ruine and therefore better take our Laws from Turk or Persian or c. then from the Judicials Now let us examine this and all will appear vain for first it is denyed that the observing the Judicials yea though as binding as the prototype was the error of Christians so as to bring so horrible a defection upon our Judicatories We maintain not I desire to be rightly understood That this Nation professing Christianity is bound to the Mosaicall Judicials in the command to the Jew But assay to manifest that those Judicials were not our misguidance The Decalogue or Ten Commandements we all agree except in the set day of the Sabboth to hold forth but even what Natures light determinately approves whereby it is evident that sin is the same to us as with them which all the writings of the Apostles manifest Now the sin in the head Law being the same what difference in the branches either in respect of the severall species of transgression or manners of punishment Now as to these we all agree the error an error but we must differ concerning the â—nfliction of punishment which I drive to this head That the Law prescribed in the Judicial for punishment holds a due proportion punishing life with life goods with goods c. if so then that these mediums or rules of due punishment ought much more to be observed by the Christian Magistrate under the Law of the Gospel the glad tydings of peace and mercy then by the Jew and not to outbound unless after the utmost of execution the Law be found evidently defective which I presume it never will be under prudent Magistrates Now to him that sayes the observation of these Laws was our ground of error I say in the Ceremonials of Moses it was and that the receiving of the Judicials might open a gap to introduce that error the more facily I will not deny but that this must either cast out the Judicial or make us take the Rule for this in any just Law I
presume must be from the hand of a Heathen rather then from the word of promise is the fruit of strong contemplative zeal for the punishment so it holds its due proportion take it from the Turk if you will or Persian it matters not The Turks punishment so it be not Torture may suit best the spirit or genius of the Nation for to burn hang behead or stone all is but death and this difference had Ceremonies so called been lawfull to be enjoyned might have stinted our controversie of old between the then so called Protestants and Puritans for the receiving the gestures set formes of Prayers Ornaments and Formes of and in Church-Service so called And assuredly it ever hath been one of the Devils gyns to fright men from truth and right by miscarriages in the manner c. hence cometh the scandals of profession from the errors if but of one or two hypocritical or mis-led professos we may as well refuse the Scriptures because Heretiques use them and that they lead to Judaisme is a great error for surely Judaising was intimated in no part of the Judicial Law of which any question can be For the exception in Fornication things strangled and blood the last two being meats we are now freed from There is a holy jealousie which is for God and is commendable and there is a pertinacy from interest which is Idolatrous and wicked the Lord open mens eyes especially those in Authority rightly to distinguish that they be not found fighters against God Now who are to expound this Law and settle it and how far their power extends is our next task 10. Who have the power to make Laws and how far that power extends SOme may think that the Judicials being laid down to be the fittest rules for Christians or any men to live by That this Quaere is needless For what have we to do with Law-makers of or among men when God himself hath fitted the work to our hand But these men must know that time brings to light new inventions of sin Satan goes about in variety of shapes and deceives daily and these offences many of them will be difficultly referred to the proper head of Transgression therefore it is requisite that there be a superintendency to oreview these errors and apply a remedy in time according to their rule yet to punish life with life goods with goods c. Now these are various according to the either condition or constitution of the Nation or both the constitution according to setled Law and constantly received the condition time of war or peace Now the time of war being only accidental we are specially to consider acts done according to the setled constitution of the Nation be it by Monarchy absolute or limited or Republique Republiques of all or any sort and their boundary is common and publique good and that either according to emergent necessity as in case the elders of Gibeah had consented to have all their eyes put out for National advantage for in such a case the elders had turned evident Traytors to their trusts but to lose one or either eye This will receive somewhat more ample satisfaction if we consider seriously 11. What are the proper Rights of the supream Magistrate so called Prerogative NOw in the handling of this Question it is fit a little to open what is Prerogative now this simply taken is the Priviledge or preheminence that one party hath either above or before another and so is no more then to have that of right and duty which others have by accident or by favor as to have the most honourable place to be heard first and such like But to take it in the proper latitude it is the sum of all those powers priviledges Rights and Immunities necessary to the Supream Power whether person or persons according to the strict rule that thereby the people may be the better governed according to the loose rule that the people may be kept in subjection and the glory of the King or Ruler exalted and that as to absolute Power over both body and goods Now therefore to treat of Prerogative in such a sence is vain for Prerogative is absolute power and what the Prince pleaseth is his Prerogative and this was assuredly aymed at here Now Prerogative according to the strict Rule is of two sorts that is more or less strict as for example some Prerogatives primarily usurped by time are agreed to and after constituted such as our vassalage of Tenures whether in Capite or that by grand or petite Serj. Escuage Knights Service Soccage or Villenage all which the estates of the Nation have looked upon and not annulled but regulated and the Kings sought to avoid those Regulations Now the more strict Rule of Prerogative is to give the dues necessary and that both for honour and order and safety which both the other are but as handmaids to for the etymologicall fautaries I pass them intending to hold out truth in her native simplicity without the ammusive garnish of needless witty vanities This then agreed what Prerogative is in general from hence it may be collected that what ever is necessary or rather of necessity to the well being of the whole is to be in the Supream Power Now this which is by some and generally alledged as proper to Kings yet must be also in all Supream Magistrates as Dukes Earls c. yea though Vassals or Tributaries to other Princes and must be also in Republiques or where the supremacy of power rests in more then one person whether Aristocratical Oligargichal or the pure Republique viz. the Democratique State For the Prerogative is incident naturally to the Supremacy of power and that of necessity for they are the Superintendents of the whole body and are to have requisites to that Office as necessarily as the father of a Family or any inferiour Magistrate under him ought to have to govern in their bounds precincts limits and places and therefore the Law of England justly in the matter however in the attribute or that to admit comparison with the Almighty might or may offend some mens eares by way of illustrative Analogy gave a kind of ubiquity or omnipresence to the King and so to the supream Magistrate as the first part of his Prerogative his diffused power for common good so ordered manifesting it self in all Offices whereby the publick peace so called the Kings peace was preserved and was necessary every where But as more necessary so more apparent in the Courts of Justice all of which were called the Kings Courts and the Process the Kings c. Now we being ruled by Laws for to avoid the inconveniencies afore-mentioned of pusillage and folly and alterations accidental to the best of men depraved through the fall make this supream power vertually to rest in setled Laws and by them they rule and so neither death folly nor any kind of wrong or injury can by the estimation of Law be done