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A33531 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. Cock, Charles George. 1651 (1651) Wing C4789; ESTC R37185 322,702 228

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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
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
a sworn Officer and published in Print and a Book kept in every Town or Precinct What is the Magistrates duty in all Orders of Government and necessaries thereto And first whether the Christian Magistrate may admit War THe Magistrate ought to provide for the well-being of the Nation or any part thereof repectively according to his trust so let us consider the evils which may disturbe this well-being and that arising First from open war secondly from private force thirdly from deceit or fraud and lastly from difficulty Let us a little discourse therefore of war and whether Christians may war Surely the Church that is the Congregation of Saints are militant on earth but that opposition being against spiritual enemies Satan lust pomps vanities c. are not the subject of our discourse against these there is no Quaere they must war and these are enemies both outward and inward and though the children of God will not cannot war among themselves yet there are false brethren such as go out because they were never in Heretiks so called Deceivers Lyars and all such as are cast out of the Church Now for these I still humbly conceive that we must look at the nature of the offence for if it be meerly mental opinative and internal from the souls mistakings but not degenerating in actual scandal the weapons that are to be used against these are meerly spiritual which are mighty to the beating down of all the strong holds of sin and overthrowing every thing that is not of God and against such I suppose no outward force yea though you suppose or beleeve them firmly to be Hereticks may or ought to be used so as they disturb not the Civil Peace But a case will enlighten somewhat Suppose one doth beleeve as many are said to do the abolishing of the Sabboth may the Magistrate enforce obedience To this I say that he that holds the abolishing of the Sabboth held a Sabboth was and then must acknowledge the power whereby that Sabboth was and so the end to which it was directed which was the ease of the creature from corporal labor and for his edification in the service of God in the Spirit This gives no loose to any Jocundrie that day no Sporting no nor idle Tatling Walkings but the Spirits Recreations in the Contemplations of Divinity ought to be the repasts of the Soule Then assuredly the Magistrate may hinder this and cause keeping within doors and punish offenders Therefore let not the Gates of a City be opened that day but to such as pass too and fro and are known and that to partake in divine and spiritual services and that not above a Sabbath dayes journey and agree that but dilate not twelve moneths what is a Sabboth dayes journey but within the private Family there is no inforcing of the Magistrate that is he seems not to be bound to it nor is his power evident No the better way to know the care and diligence of the Master of the Family is to appoint some men not as Church Officers but Civil Inquisitors of Knowledge who may see the progress in Knowledge of such as are out of the Schools and Colledges and punish or cause them to be punished at first and afterwards the Parents and Masters and not to admit to places of Magistracy such as are ignorant themselves so neither those that do not carefully educate and instruct their Family whereby they may in their season become serviceable in the Congregation of the faithful Now this war of Hereticks and profane persons being over let us see what is to be done to those without the Church I say to these That these also as the Religion wherein they were educated are to be permitted their Conscience without force suppose them Papists and suppose them Idolators suppose them Turks and suppose them Heathens for unless by the pure light of Nature they must or may see it that is it be evident and perspicuous I take it Reason Divine or Humane corrects not notwithstanding that Parable of the Servant that knew not his Masters Will and was to be beaten Now this is evident for among all the clashings amongst opinions untill now where was it not that every one strove onely to free themselves from the power of others to be inforced yet would inforce others but now I take it to be the infinite Mercy of the Lord to reveal this thing unto us that see it how many do not that is they can see nothing but confusion accompany it Now as to the other part of Papistry though claimed as part of Religion viz. That the Pope is Head c. and may dispose Kingdoms dissolve Leagues Oathes and remit obedience to powers and that because he hath said it there is no faith to be kept with Hereticks All or any of these being contrary to the peace and safety of a State may be enforcedly renounced and the parties denying justly banished I say not their goods confiscate for we know many do conscienciously hold these things and with great strength of Natural Reason as much as maintains the greatest pretending opinion in this Age and now in contest with us And in case of Resistance War is lawful So that in brief I take it War is lawful against the Enemies of the Church Spiritually with Spiritual weapons against the carnal enemies with corporal weapons of Banishment in case of destructive errors to peace and civil quiet and warlike force where the State and Nation cannot otherwise in Prudence secure it self for the entring the others Country or Limits First To make that the Seate of the war where other things are clear the Law of Nations which admit it will well setle it What Arms or Armies he ought to use whether his own People or Strangers ASsuredly the necessity of Arms being preservation it were indiscretion to put that strength into a Strangers keeping Experience hath proved it unsafe and Religion will count it unlawful to imploy an other about that which we count simply evil Next onely to keep the people from delight in blood it must be Civil or Divine Knowledge must do that indeed there is a shadow of exception in the Law which prohibites Butchers to be of a Jury of Life and Death but that was I suppose because most of them were of mean and servile condition and so ignorant for assuredly the killing of beasts makes not a man careless of the life of a man in a judicial way it was the office of Gods High Priests though it may in the way of a particular quarrel next Souldiers for never so many battels are not debarred the being of Juries How the Militia ought to be setled ALL Humane Laws have their settlements and of themselves naturally devolve into Error so that if we eye all the wise settlements of Nations in this or ought else it is nought worth now The Jewish Romane Grecian Egyptian or other old or Modern the foundation yet of most of
assuredly is lawful But as to the other suspitions there the causes of suspition are to be examined and if approved they are either evident or doubtful if evident they convict if doubtful they render suspected Now in all Cases of such Tendencies to suspition if the parties suspected walk still suspectedly they are to be punished but not to the height of punishment and punishment must increase as crime does but to entertain jealousie too far is dangerous Therefore let all Magistrates see some grounds before they admit Question more before they punish For the Ordeals were they an infallible certain Rule they might be used but for want of that they are unwarantably made Laws where ever used and therefore where used to be rejected What Religion the Magistrate is to settle or his Duty and Power therein Whether and how there be or may be two Supreams I Have Implicitly scattered some opinions tending to the resolution of a great part of this Question which I shall not again meddle with my intention here being onely admitting the Magistrate Christian to Quaere his duty in the variety of opinions and so reflect a little upon our present doubts and dicuss them so far as may tend to settle not divide for for some high opinions of the Churches Power over the Magistrate and for the esteemed obstruse and difficult opinion of the Magistrates acting as a Church Officer both intending notwithstanding their expressions a just latitude to the Supream Power but specially exalting Christ and his Kingdom above all yea though alledging the very words of the Pope That no Christian Magistrate but must be a Church-Member and so inferior to the Church it self whereof he is a member for the Officers as he is a member must give him the Rule or the Congregation yea though he were a Pastor or Elder himself I conceive this short Tract wherein so many particulars are briefly hinted onely to draw them into discussion is not fit to open that controversie which must be with much Wisdom Prudence Judgement and ability of divine Learning discussed or it will but cloud more and tend to heighten the differences of interest twixt Church and State I shall therefore for the present at least forbear to open that Controversie and look onely at the Magistrates duty generally for his power I make it the Handmaide onely to his duty Religion therefore being the proper object of the spirit of the inward man is not the proper subject for the Magistrate as a man nor of his power no not though a Christian Yet while there are Hypocrites in the world and the Notion of Religion may veil Treasons and Obliquities to the State being and well-being of the neighbour it is the Magistrates duty to see to these as before but as to the particular contentions of Christians in and concerning or Doctrine or Discipline it is not clear that the Magistrate hath ought to do in it while the outward peace be not disturbed thereby I will exemplifie generally Suppose the Doctrinal Quaere be How many Sacraments Or whether Baptism came in lieu of Circumcision or discent from the particular seventh day as a Sabbboth and the like We see plainly that while the Magistrate used his power according to his opinion as the Magistrate inclined so matters went generally and the opposites in opinion oft crucified each other seldom converted Therefore assuredly in these difficulties of Faith among Christians let the Admonitions Exhortations Perswasions Convincements of the Church be urged let not outward force be used It is well known the great cause of our Embroilments now is the difference pretended betwixt those of the Congregational way and those of the Parishional Disciplined way I have purposely omitted this matter to this conclusion of the Work to summ up all for it is plain the Controversie stands thus as is hinted in the first Part Whether the Churches are to be gathered anew Now to understand this fully it is to be noted That the Church of England is counted Schismatical by Rome renting from her as supposing she had so far parted from the Doctrine of Christ as that there was no possible just Christian Communion with her which the Puritan must still hold that is the true Presbyter They all agree a Reformation necessary But they of the Congregational way suppose it cannot be a Reformation but such as is a new Congregating that is they own indeed what the Puritan supposed That truly such was the Apostacy of Rome that there is nothing to be done with her they own her not the Spouse of Christ but a Harlot Israel and England her sister in the old way And it is most sure compare the Doctrine of Christians as to all sorts of men and women and all the actions of their lives And assuredly the beginning of Heathen Governments from the light of Nature gave forth greater and more glorious examples of Piety Justice Mercy Fortitude Truth Charity Love and that to Enemies Gratitude Obedience to their Country and to them set over them in any kind and zeal for their gods which I commend onely as far as it walked even pace with their profession then there is to be found among Christians and among Princes where they devoted themselves to their Country and people as among the both Greeks and Romans c. We have justly banished Superstition and wickedly given free scope to prophaness the lives of the best are so farsed with the rudiments of the flesh in eating drinking cloathing and exercising inordinately and in immoderate care to maintain these that the Gospel is become a scandal and a stumbling block to many that are entrred the School of Christ and have been mortified by many acerbities Yea these have I seen to give way in their old Age to the vanities of youth and that as might be feared through pride that God had given them a sight of what they perswaded themselves to be the truth But that which is the spreading incurable disease of Christendom so called is the looking to others mostly and neglecting self gadding and tatling and the like c. Now of all these assuredly there is evident power in the Magistrate to repress them whether in the excessive vanity in eating drinking cloathing or gameing but those more inward and heart vanities are to be repressed by a general prudent Government The example of those in Authority and power and their due exercise of that power where needful is the great incentive to excellent vertue Now the contest of the Presbyter for a punishing power and his loosness in admitting Members to his Church makes the Eagle sighted Magistrate jealous that what ever is acted by holy and religious men at first faithfully yet if holding forth a liberty of Contention for Supremacy some will attempt in time to claim of duty while there are Wolves which will for lucre and interest sake put themselves in Sheeps cloathing as heretofore hath been evidenced But this the Magistrate in