the Spiritual Law hard They may stand on Terms and Camphyle with the Temporal And by their Trivancy in Scrupling and non-obeying the one the other is Maim'd and Resisted Diversity of Religion Destructive to Monarchy Hardly Peace in the State without Unity in the Church is an approved Maxim Contrariety of Judgment in Spiritual Matters wherein should be the fullest Assent Dis-joynts the Affection makes Parties and several Factions for though Teeth outwards they may appear somewhat Curteous and fair yet inwardly there 's not that Graciousness of good Will and Debonaireness of Love As when All of one Belief Therefore a general Liberty not only inconsistent with the Purity of Religion but even very Incongruous and against the Interest of State Thus we contend for no light matter with the most Prudential Salus Regis or the very Being of Monarchy lies at Stake And therefore the Law not over whetted but too Dull and Curt. 'T is Agreed that in Republiques Consisting of Trucking Nurture one Size of State Studious only to amass and hoord up Pilth a Liberty of Ranting happily not so Formidable there being no Pyramids of Envy to blaze Ambition But for Monarchy the Colony of Honour and Element of Ambition 't is fear'd their Shafts will be too Busie and if not Button'd too Bold and Dangerous Like the Heat of the two Competitours the one would brook no Peer the other no Supreme In brief any little Faculty of Dispensation will prove Ruinous to Monarchy 3. In Law After the Judgment of several Acts of Parliament 't is against the Safety of the Kings Soul And Sedition like Murder can hardly Conceal long it must out though to the Ruine of the Contriver 4. In the Isonomy or even Poise of Justice 'T is very Hard that the Obedients that readily Comply leading a dutiful and sober life should fare worse then the Surly and Undutiful the fearless Darers that Vapour against Law and Reason and make all the Bustle Such Partiality is enough to Dis-spirit and cast down the most Valiant'st into more then Heaviness even Despair and to Entice and Embolden the Cowardous and even harden their Haughtiness The Sequel is plain enough to the least Speck of understanding though bred at the Plough tail If Surliness be cock'd up with Indulgings 't will vaunt more ragingly in Churlings And glory to Alarum Church and State with Continual Dislikings which shall always unsetle the one and Disquiet the other So that through remiss Cockerings we shall never Enjoy Religion nor indeed Peace 5. In Politick Prudence To keep Peace on the Hindge the surest Contrivance is to cherish Obedience to Law If some few inconsiderable Wretches are Pleas'd the Solider and better Part will be Disoblig'd then their Dissentings may prove as Fearful and more then the former because forty Times more Worthy And to slight a Friend and not abate an Enemy is Doting Wisdom A Friend will stick to the End and therefore ought to be put in the Bosom and made much of for his Integrity will avail more in Time of Need then a Crowd of Foes seemingly Fetch'd off with easie yieldings to Ignorance and Pride Muffling their Passions from open Ravings till opportunity invite them to Staring Frantickness Thus the Gratifying one Faction will beget a greater and so a Stone in the Foot still The State sicker for Changing the Law But quod inconsultò Diximus Consultò Revocamus what we have Indulgently Voted we Advisedly Repeal otherwise the Church without running to a Seer will certainly be Destroy'd and the Monarchy overthrown Par. 179. An Advisement to Princes how they Dandle the Picqueerers against Monarchy 'T IS held a safe Tenent of State with the Judicious that nothing doth more Exalt and Amplifie Princedoms then Sticking close to Vnity in Religion Liberty of Conscience O sad Juggle a Sophism of Delusion and impossible to be Allow'd unless the Prince be weary of his Crown for if Connivings produce these Scaring Blunders what will do a full Liberty that will soon end the Strife and throw Monarchy shear out of the Window Currat Lex For the smallest Indulgence Imaginable will be the Mother of more Mischief then hapily a Session of Wits can Redress Give but an Inch and under Colour of Dispensation such is the Malapertness of Cocker'd Schism they 'le take an Ell And deem it but scanting measure though they skip all Bounds of Piety and Manners Liberty of Roving will give them the choice of Ruffus Shield to repudiate Heaven or Espowse Hell Vivat Ecclesia Otherwise this Audaciousness will swell to Confront Sovereignty and in a short Time had they Teeth to their Stomach Create a martial Disturbance Par. 180. Mournings for Moroseness I 'ME struck to the Heart that so Gallant a Prince as the Majesty of England should be thus Abus'd That no Acts of Grace no softness of Temper should prove Disswasives sufficient to silence the Froward But rather Condensate and brazen their Impiety but it hath been Told Though rushie Anchors break iron will Hold. Forbearings signifie no more then words written in Water If the Galaxy or milkey Monishings fail persevering in Ecclesiastical Unity will pick stubborness out of the Breast And spare legal Buffetings the Trouble of Converting the Spirit Since Mildness cannot Prevail undoubtedly Executing the Will of Heaven in suppressing Faction will Kill the Serpent and Keep the Crown on his Head Par. 181. Vive le Ley. ELse Religion must suffer and in time be overturn'd for every Hot-head that pleads so fiercely for Liberty of Conscience without Begging him for an Anatomy hath apparently a Pope in his Belly Designing to reduce the Church into a despicable Condition through Tumult and Confusion And then to slip in the golden Cross which in Truth are the Vniversal Designments of all the Whinings and Soothings for Freedom of Conscience Par. 182. The Precation for the Dethroners of Monarchy AT the great Advent of the Sovereign of Souls and Justiciary of Spirits When the Soul must appear in its Albe or natural Shape without Frock or Shift and Plead peremptorily Pray God this Sowrness against the State be not Sentenc'd to Chains of Darkness Par. 183. The Conclusion 1. TO Conclude the State having been too much Bruis'd through so lame a Patrociny No Satyrick Fume or sporting Vein through Florridness of Stile to bait the poor beguiled Ramble No swelling Thoughts to Enlarge my Privacy through Romantick Pride to look Big in Print Sneakingly to Creep or Curry Favour with Parmenio Hath occasioned this Emparlance But meerly the Impulse of Conscience out of the Allegiance I owe to the Church to lay the Spirit of Error for the safeguard of the Soul and the Good of Monarchy In truth to Confirm the Regular and if it Stand with the Divine Pleasure to reduce the Pilgrim 2. Pardon the Frequency of some French words us'd out of necessity because Adapted by Law not foisted in out of the Common Fondness that admit of no Compleat
his soul from Death And his Body too from vials of wrath that otherwise might overtake Him should He wallow in that damnable Estate And others too for their Recreancy and Remissness in Permitting so much Deadliness to live which by the Judicials was severely Punish'd and ought to be with us with an harder Penance then Sandals or an hair Shirt Righteousness mistaken Thus if the Church enjoyn Vnique Consort in Divine Worship a wrigling Conscience to live lewdly at his own Rate chops in to go his own way though it lead to Hell if the Law arrest this Caitif to drive him into the Right this is Persecution O blessed God what prodigious natures doth thy Poor Spouse meet with all Decencies must be Abandon'd the very Bible burnt and the Alcoran profess'd to tiddle every Crack-brain'd Dissembler every sniveling Tony otherwise to be Branded with Tyranny and Persecution Par. 19. The wildish Pretender possess'd with waspish Rudeness scourgable by Law I 'M inclin'd to Piteousness and Civil Quarter but if the Hold of Blasphemy may not be Assail'd but the Reduction left to the Spirit I doubt of a Convert obstinacy being a Misplea in the Leet of Piety not issuable in Heaven the Magistrate being Sworded not to trifle with Domitian but to uphold Hezekias and suppress Shelomithes Neither is this Presidentless for the potent Master of Holofernes enjoyn'd universal Worship to the God of Shadrack and his Comartyrs Sub-poena Capitis on Pain of Death Unto Daniels God was Ascrib'd the like Devotion Par. 20. Blasphemy Brandable by the Civil Law Capital BY the Common Law the Blasphemer is Infamous and therefore grievously mark'd with a Print of Horror By the Civil Law He 's punish'd with ultimum supplicium even Death the executing Hand according to the Father is sanctified by the Blow Vagrancy from the setled Church in Law Partial Apostacy By some Books I find wandrings from their Habit or Order of Religion to be Revoltings or legally Apostacies And that the Law hath Provided a special Capias to restrain such Gaddings by Reducing them to their Canonical Obedience Par. 21. Conscience in some sort Governable by Law THus the Supreme as Vice King of the Soul may Command the inward Man There 's no Demurring to his Edicts Contempt is no less than Damnable if a Bur to the Soul or truly nauseous to the Judgment Passiveness must be the Cure and ultimate Appeal Vnity in Religion Inforcible in Conscience It cannot be Denied by any Civil Christian in his right senses but that The Magistrate hath Power in omnia mala The best Conscience is too bad and mendable On consequence then the Magistrate hath Conusance over the Conscience Which is but Reasonable for temporal Rulers are bound to have a Care of Souls as well as of Bodies And must Answer if they Perish through their neglect Par. 22. The Guardianship or Charge over the Conscience not Dispensable WHich we may more lively illustrate by a Decision A Minor or one under 25 years of Age is Inspected and by false Proof Adjudg'd to be at full Age under this Pretext of Plenarty of Age He receives a Debt due to Him which He spends loosely or squanders away 2 Questions 1. Whether the Debtor be sufficiently Discharg'd 2. Whether the Curator be Releas'd or still bound to oversee the Trust and so liable to account for the wasting Payment Real a full Discharge 1. For the first I find the Debtor safe enough being fully Acquitted the Common Law by the 26 Eliz. doth in some sence quadrare or readily Assent in case of Infancy As in an Executor if Payment be actually Prov'd it shall Bind But Regularly in most Cases infra aetatem or Nonnage is a good Plea to avoid all Acts and Deeds And the Civil Law is as Cautelous the Minor being uncapable to oblige Himself without the leave and Concurrent assent of the Curator Dispensing unseasible 2. For the second the great Point in Controversie with us the Guardian is liable to answer the wasting for that He should still have continued the Charge which truly seems strange till the Fraud were discover'd being done by Power of Law At Common Law I agree the Guardian would hardly be Acquitted though with the Privity and Intreaty of the Infant if a waste were Committed But if by Order or Act of Law I conceive the Laches were purg'd and he totally Indempnified because Act of Law Can do no Wrong And in that Case the Law is bound to protect Him Religion unalterable Princes must keep to Unity This strongly proves that the Magistrate is still oblig'd as the Committee of Souls to Continue his Tutorship over the Conscience in Holding to sincerity in Religion sub periculo Animae as He will tender the future welfare of his own soul Though in foro Civili here on Earth he may be Absolv'd I doubt of his Acquittal in Heaven for that no Instrument or humane Power imaginable can dispense with the Charge of Souls though with their own Consent in suffering them to pursue the Road to Damnation Par. 23. Wavering in Religion unlawful TO explain this Thesis more clearly by a Case A. and B. 2 Co-Rogues or Comrades in Villany consult how they may more Colourably Beg or Steal They Agree that B shall Cripple A by Maiming his Hand or Foot which is accordingly most Audaciously done 2 Points 1. Whether A. may have an Action or an Appeal of Mayhem against B. 2. Whether B. not Inditable for mutilating or maiming his fellow Subject or Brother Rogue 1. To the first Damnum sine Injuria because of Consent will be presently pleaded 'T is much doubted whether it be good for that there 's no Justifying Malum in se being a most nefarious and unnatural Act. 2. By the 11. Jac. Consent will not free the Mangler or Maimer from being soundly Fin'd and otherways well order'd for his Rascalness in Mangling the Kings Subject for Instance C. kills D. with his Consent and upon his Intreaty and passionate Request this will not excuse C. from Murder and Hanging is too good for Rogues in Grain Now if we have no Power over our Persons to Disable or Spoil at will much stronger are we Disabled to Bopeep or trifle with Souls Verity not sickle but solid and unchangeable Truth is Immutable and will admit of no change no varying without the Hazzard of Heaven And therefore Princes being Delegated by God to oversee and govern the Soul must not turn Waverers by Tolerating Weavers of new Gods they cannot allow of an Alteration of Religion by jeoparding the spirit to Hell by any mortal Consent or legal Contrivance The Apostle is full in the Point by saying the Magistrate is Dei Minister tibi in Bonum that is the substitute of Heaven for the safeguard of the Soul as well as for the Tuition of the outward Man And therefore the same Apostle enjoyns subjection not only for Wrath but for Conscience SECT IV. Par. 24. To pride our selves
with an Intent to Convert it to his own use is Latrociny whether the owner of the Goods be known or no it abates nothing of Pilfering the Taker is still in Danger of Felony But if the thing found prove a Derelict that is quite forsaken or cast away by the Proprietour Resolving never to own it more some say it excuses By the Law of the Realm there 's no Forsaking the owner may claim his Goods when he will notwithstanding all Rejectings or verbal Disclaimings the Property still Continuing the same At Common Law I conceive the Trover or Casual Discovery vests no Property in the Finder But as a stray it shall rather Escheat to the Lord of the Fee or to the King in case the Franchise be not large enough to retain it The Law is most Curious and Worthy in this Publick Good of Property For Example If one find anothers Goods if afterwards they happen to be lost or even Damag'd through wilful Default the Finder is chargeable to the owner If lost casually without wilful negligence or Committed to anothers Custody who runs away with them he 's said to be unchargeable But some think the Committor must answer for the Slipperiness of the Runner for Reposing Trust in a Person of whose Honesty he had not sufficient Proof His own affected Supiness being the Cause of the Damage Par. 166. The Ecclesiastical Peace much Tender'd in Law THE Famous Statute so much Admir'd and talk'd of by popular Judgments Enjoyns Primarily and Particularly that the Church of England keep her Rights Inviolable de Circumspectè Agatis speaks the same The one the Redintegration or Collect of the Common Law the other a Concession of Justice never Controverted Westminster the First is in very Point which Commands in the first Place that the Peace of Holy Church be kept A Law fram'd by the Tutorships of Angels and will find obedience over the Gates of Hell Thus Pax Ecclesiae observetur the Peace of the Church must be kept is a Theorem in State And from hence we may infer that the Spiritualty is to be had in Equal Tenderness with the Temporalty He that snaps from the one may pull Judgment as a Burgessor of Life and Member from the other There 's a general Learning at Common Law that the King is not bound by any Statute if not specially nam'd for his Advantage he may Concern Himself sans Express Nosmer But in Acts that treat spiritually Majesty is strictly bound sans Esteant Nosme though not nam'd Religion being the stoutest Pillar and support of the Crown Par. 167. Lands neither Donable nor Deviseable BY Ancient Law Lands by Descent were not Alienable without the Consent of the Heir But a Gift to God in Exposition of Law to a Person devoted to his service 't was undeniable and Binding without the Heirs Assent or Privity The like at the Civil Law As by a Decision Caius mighty wealthy and wiser then to delay setling his Fortune till the last Grone devises his Lands in Alexia to Christ Two Questions 1. Whether the Will not void for the Vncertainty or Dubiousness of Limitation 2. If valid How to be Interpreted Resolv'd 1. That the Devise was Good 2. That the Mannor in Interpretation of Law was given to the Church Parochial where the Testator did more Eminently Reside or usually dwell The like Anciently at Common Law as a Fine levied Deo or Ecclesiae was Good As by a Case A. devises green Acre to B. for life Remainder to C. for Life Remainder to the Church of St. Andrew in Holborn By the 21 R. 2. I find it Adjudg'd a good Devise though by the 32. H. 8. I doubt much whether it will now hold Good Par. 168. Largesses of Devotion are Consecrated Feoffments Collatum Clero Collatum Deo A Gift to the Church is bestow'd on God the holy Gifts the old Legists call Frank-Almoinge or Free Alms And not so sleazily Removable as some Spangled out-sides fain would have it Presents of Consecration or Grants to the Church were in Pearlie Times stil'd Church-Chesset As the Rearings of Religion but now Nugatory Endowings for that Charity may well be spar'd and Heaven Commanded on cheaper Terms By the Devout over the Water for a small Pull to help the Groners out of placeless Purgatory great wealth is oftentimes Bequested But with us not a 〈◊〉 afforded to avoid that Gulf nor even to be Assur'd of Heaven Par. 169. Sacriledge the deadliest Crime BY the Common Law Sacriledge is defin'd Le Larcin des choses Sacrees Theft of Things devoted to a spiritual use And is deem'd Rettum Gravissimum the grievou'st offence for which no Clergy is Grantable Therefore by the Canon Law Sacrilegious Thieves were Commonly sentenc'd to Wild Beasts sometimes to the Flames To enjoy Religion without a Scourge is to fancy Animation without the Sun All Law-Books are so full and plain in the Point to blur Paper to Replead so clear a case were Sowing the Ocean or Fishing in the Skie SECT XXV Par. 170. If the Church be thrown down The next Life will be at the Law BUT what if the Church be skin'd and Learning thrown on the Hedge the Thriving Trade will be still kept afoot and the Effronted Lawyers grow Bankers This surmise may come short of an Handful of double Guinies But how will the Law be acutely Attain'd without being first Grounded with Scholastick Breeding so that Property must fall with Religion both Coffin'd in the same Tomb. Par. 171. Law as Spiritible or Inspirable as Theology AND why may not this Scambling Spright enlarge the Inspirings And take on him to Spew Law extempore just as fast as the higher Notion and more Sacred to wit Divinity He that 's saucy in the Parlour will scarce be Mannerly in the Hall No Difficulty but may be shoulder'd by the Ray or Spark of the Diety the Spirit I 'me sure with the late Usurpers Bracton was Foolish and Britton an Ass Perkins full of Crotchets and meer waste Paper Nay the Legis Alpha and very Textuary at Common Law for all the Gorgeous Elegies the learned Expounder gives him was no more Regarded then a Straw Every Major General or Common Agitator were par my par Tout perter Lawyers Deeper read men and more cunning to Cleave an Hair then the two late Famous Ones Hobert or Dier Par. 172. The Civil Disquisitour HOW came some bullish Clog-heads by that Dexterity without all Peradventure from their Familiar the Cheating Spirit for these Pretenders were just as Blunt and Bearish as a Cartor Having never Traded further in Learning then a Primer if so high Bred. For had ever these white Souls been call'd to coram nobis that is had Justice ever Demanded an Account of their Actings undoubtedly the Neck Verse would have stuck worse then the deluding Apple did with our Grandsire Adam And were it worth an Imprimatur I could versifie and say much more Par. 173. The juridical Advertiser A Word in
inwardly Hocus-pocusses and Antipodes to Honour hasty to inter the existent Array of the Church as the swiftest medium to intomb Nobility thrust out Religion and in troduce tyranny and blindness Par. 13. A Pey-bald Government no good Fashion for Princes A Sweet motley Ruling Monarchy in the State and Democracy in the Church I wonder what Goblin doth prompt some to hearken to these infectious Charmers the Fatlings of Sedition when 't is visible by late Practices their weedy Positions are ugly Spiders though wrapt in webs of Musk crusted over with specious Disguises and sented over strong to catch the weak with feigned Zeal And no Sorcery so out-ragious and hard to be expell'd as the venome of Sedition It had been a proper sentence for Darius's Guard to have quered the strength of Sedition but to have Bequeathed to Posterity the aculeate and aptest Receit to cure the Mockers against Majesty lest from the Driping-pan we leap into the Fire would have merited a Princely Advance indeed even beyond the Honour of being Darius's Cousin Par. 14. Flagellets of Faction Pipings dangerous for Princes ILLVD possumus quod securè possumus that 's to be done which is Consistent with safety is a Cordial of State and Majesty is not to be Decoy'd and Whistled asleep with Flutes of Fraud for were Boutefeus and fomenters of Broils gratified in their Demands 't would not quench the Flame they would still be Mining never give over blowing the Cole till they had blown up the Hierarchy and so Dethron'd Monarchy Which verifies the Maxim at Common Law Once Pravous in Presumption of Law for ever so in the same kind of Pravity The Vena Porta and master-vein of Monarchy is Jurisdiction Ecclesiastical which the Surrogates of Strife will as soon permit as Fire to Cohabit with Water And if the Hooters against Prelacy hagg the soul Instilling what Principles into the Laity they please Sovereignty must soon fade the Power of the Keys being in them to lock and unlock the holy Portal or to Absolve and Retain as they list As is the Driver so must be the Drove for who dares Disobey Sub poenâ of Trouble and Shame here and hereafter lest the Key be turn'd against Him Therefore on necessity of State Ecclesiae Interesse Regum Tutela the Tutelage of the Church must be Sovereign Care to keep out the Slighters of Discipline that would soon Devour both if they once get but the Mastery of either Par. 15. The Interest of England the Protestant KIngs must die and States determine but the Interest of either like the fair Diana and Mistris of the world Truth neither alters nor dies Now The Interest of the Sovereignty of England is the Protestant and the Elegantâ—st Regency of that Church is Prelateship that 's the natural Element to lead a quiet and divine life any other way the gayest will prove as uncouth and Hag-like to continue As to stive up Fish without water or Socrates without Air. In fine The Spiritual and Temporal Grandiship are wreathed in the Diadem without either it will not be worth wearing Par. 16. The State marr'd in the mashing of the Church PRelaticide Confounds not the Church alone with Parity but the State likewise with Ovelty or brutish Equality Contrary to Nature which hath ordain'd a Presidency and better Hand among all Created Excellencies which I guess no Peer nor generous Person can well Digest to have every pedei Creeping Fellow every dunghil Skip Crow over Him And become his Superiour and Chancellor in Church Censures Lay-Eldering meer Lumber Such Trash are their Lay-Elders unfit to sit with the Hines of their Flock a peerless Chancellorship or modish Form for blue Aprons and every buffoon Pedestral or high-shun Boor to visit Nobles and inspect Gentlemen more narrowly then the severest Inquisition Their Discipline Tyrannous A sweet Religion for a Prince to crouch to a Crop-ear'd Bramble to be within the Lash of every Jack-straw and snivelgut Changeling not only to be sentenc'd to the Lockerum or Cambrick Penance But to be unhors'd and Disceptred too when his Rebelship pleases And what 's this but kneeling to Moloch that we so much rave against overt Popery without a visard Mask or dark Lanthorn which would quickly be more detested and cry'd out on then the Focage or the pedling Brocage of Lombard-street Rising to a greater Timpany of Dish-clout Bondage then ever Athens Rome or even Egypt endured Strandings Eschewable Therefore Princes had need beware of these Quick-sands and the worthy take Heed they halter not themselves And whet a Knife to cut the Thred of their own Honour Ducking to the Dagons of Sedition will inevitably do the Work SECT III. Par. 17. Tidlings over-Fond and Dangerous BUT some Regard must be had to the Herb-Eaters were not the scruple more Toying than Marveils or Push-pin 't were Debatable but to strain at straws and swallow horse-loads is most unsufferable Admitting a Tenderness indeed with some brain-sick Professour 'T is safer and more Consonant to Christian Policy to imitate the Fundaments of the Common Law in suffering rather a mischief than an Inconvenience in exposing our Feeble Brother to be Felo de se to Pine and Perish too then to affect the Church with the least spark of Schism in dancing after a Geneva Taber or Northern Bag-pipe in Tolerating his Folly All 's whiteness and sanctimony no Offensiveness offer'd But what stumbling Blocks offend the Cripples The Road as even and easie as if Pav'd with Ice or strow'd with Dowl more fragrant then Perfumes of Myrrhe Pulers to be tutor'd not Tidled If any offence 't is Taken not Given if an Humorist will not eat of good Food when set before him but out of Doggedness Pule at the one as unclean at the other as Polluted reject All and Starve his suicide or Capricious Ruine may without Blame to Church or State fall on his own Head being his own Destroyer Cautionary Laws Requisite But will not this blockish Coyness enforce a Law to prevent the like Humorous Novice from self-Homicide Conscience not reduceable by Storm They say there 's no storming the Conscience a starry Fort that can't be Reduc'd by Force but by the Spiritual Militia on precarious Terms with flying Colours leaving it still to bask in its own Phrensie waiting the good Hour of Sâ—rmacida's Victory Apt Doctrine to be Prostrated to Diana but the Feet of Gamaliel will brook no such Oblation Par. 18. Miseration no good Medicine for Stubbornness IF a mad man will not be rul'd is' t not lawful to use Force and Corporal Pains by breaking his Limbs or more to preserve Him and others if Danger command it may we not Reason from the Body to the Soul must we meet our Brother Posting to Hell full speed with Blasphemy in his Mouth and Apostacy in his Heart and not stop his Career If fair means will not do it why not foul as some call it or Enforcement of Law with the Apostle to save
empty Casks being as undoubtedly firm in Law as any lay Inheritance The Cleronomy not saleable Concessum Templo Concessum Coelo a Concession to the Church is a Grant to Heaven and so unalienable should then this Cut-throat Sacriledge be suffer'd to out-riot the Goths and Vandals and have its will where shall Escheat the spoil to the Corporation Royal the King no he scorns to handle Church Rapine and 1 Jac. backs his holy Worthiness to Continue the Intent of the Founders for the Lands to demur in succession for the maintenance of Religion It being the Dowre of Heaven lent only for the use and support of the Church no living mans Gift and in none now alive that can pretend to a Reverter or Re-assumption so that should so bloody a Blow be given to Monarchy as the order taken off the holy Patrimony as the Lawyers say must rest in Abeiance in suspence or Intendment of Law No Alienation intendable by Law I conceive Gallio and Tenants Paravail will not meddle with the Spiritual Commodation de queux ils nont pas Cognizance without the temporal Road being directum Dominium an independent Seigniory and the simple Fief or pure Inheritance properly in none but with the Lawyers in nubibus in the Contemplation or Expectancy of Law The Prudence of the Law hath invested the Glebe-Holders but with a qualified Estate in prevention of a Discontinuance to bar the successor Hence is prohibited the Benefit of a Deads-year that the succeeding Incumbent might find Temporal Bread for his Spiritual in brief in Law Regularly for Advantage to benefit the Church the Parson hath a Conditional Fee for prejudice but an estate for Life Par. 91. The Right of Tithes manifestly proved FOR Tithes whether Jure Divino as to the Quotity or tenth Part it matters not since as Maintenance by all Laws 't is agreed to be of Divine Right And pursuant to the Articles of nature which binds us as Tenants by sufference to honour Diety with all worldly Enjoyments the Decimation then or Tenth which circumspect Agat stiles Decimae Debitae that we afford the Pastour of the Soul is no will-offering or Pious Benevolence but payable as a Debt due to Heaven to speak Lawyer-like as a Fee-Farm or Reservation Divine in Token of whom we Claim The Proto-Rent Ecclesiastical We read that Cain and Abel brought their Offerings which certainly was prompted to them either by parental Practise or natural Light now God was not offended at the one because He offered but because his obvention was not seasoned with Faith which made the other 's more Acceptable The offerings of the Patriarchs must needs proceed from Divine Command either impliedly directed by Gods Candle the light of nature or expresly from the Constant Tradition of the first universal Parent Otherwise we may Conceive them grosly guilty of Will-worship The Firstlings due to the Heavenly Steward Since we cannot present our first-Fruits to the right Land-lord we must tender it to his Seneschal and Proxey the terrestrial Feoffee for the Cure of Souls And the Glory of the other world being not Revealable but by the Hallowed mouths of Mortals and they unable to live without partaking of the lay-Blessing a Provision in necessity of nature is most due and none so Covenable apt and Agreeable to Scripture as the ancient Salary and yearly Income approved and setled by Law Were I as Hotspur'd and Heathenish as some Gablers churling against Tythes I would out with my Tongue and off with my Hand too before I would substract them In Law Denial of Rent is a Disseisin and non-Attendance to pay it is a Denial in Law and an actual Disseisin In some Cases Forfeiture in most good cause of Re-entry All Blessings are properly the Demeans of Heaven and we at most but Feudaries al volunt Tenants at will Let the mutterers then against Tythes beware the chief Lord meet not the same measure by seizing the whole on non-payment of his Due to his Embassadour on Earth Par. 92. Tithes not Alienable because a Divine Property SInce our Dissenting Consciences are generally for the starving of the Church To throw down Religion and set up Atheism Whether Tithes may de jure be alienated and the Clergy turn'd to Pentioners and Alms-men will be worth a Discussing 1. I 'me full in the negative first by the usual Laws of Civil Barter among men nothing will Rightfully pass from the true owner without his Privity and Consent 2. We must not then deal more Injuriously and Impudently with God to pull from Him and transfer it to another without his leave and Approbation 3. For his Approving and good will to any motion of that Horridness we must not expect a voice from Heaven but seek his Word for the same And there we shall not find a syllable of his willingness of parting with his Estate But the contrary expresly Prohibited by Josephs taking a more special Care That the Lands of the Priests should be Hallowed and particularly exempted from Sale Par. 93. Whether Due Jure Divino I Conceive Tithes not only Lawful and Due as all other Proprieties confirm'd and Established by Law But likewise Just and most Indispensable by the Right of Divine Precept and Practise of holy men which in all Ages ever made a Conscience to pay them Payable under the Law We find that God had a Respect and was somewhat more Favourable to the younger Brother and his offering nor do we read that God by any Act did ever give up or part with his Right to Tithes no surrender or Alienation visible in the Case Impleadable under the Gospel Under the Gospel Christ and his Apostles are so far from Dis-owning or non-claiming them That we find them expresly Requir'd Matth. 23.23 And in the same Evangelist that Christ by that Precept of first reconcile thy self to thy Brother then come and offer thy Gift that he Approves of the Payment thereof Necessary Purveyings are Jure Divino Tithes are most necessary ones for the maintenance of Gods Church Therefore Tithes Jure Divino Par. 94. A Titheable President I Find Abraham very Punctual in Paying of Tithes even of his uncertain Revenue his very spoils now he did this by Command and so a Pattern to us otherwise we may tax him of Will-worship of which the Scripture is altogether silent Par. 95. Compulsory Maintenance better then Voluntary 'T IS mis-objected that Contributions were Better leaving every one to his Mouldiness of Spirit to pay what he lists A swift way to turn the Clergy into that hainous and abominable Sin of Flattery To have the Rich in Admiration to be amply Allow'd but the Poor in scorn to feed upon Husks because there 's no Hopes of Reward Why Contributions should not be still Continued which was the old Livelihood before the Church was Inducted into Tithes is demanded by some As by a Case J. S. hath Red-acre in Possession with a Right to Black-Acre but no seisin Doth he
lay Property like a Church-loom and Inheritances Executed being instantly and for ever Transubstantiated into a Spiritual For a Divine Right nullius est in Bonis Knows no Temporal owner For Example If a Coat Armour the Ancient Pendants of Honour Hanging over a Tomb be stoln The Indictment runs de Asportatis Bonis Executoris for the Taking of the Executors Goods But for a Grave Stone or other Church Standard pro Bonis Ecclesiae And in Law the stabbing Proofs are borrowed from the Right of Entries and course of Pleading Neither doth a Defeasance or Condition in Law as Choses in Action and Executory lie in the Case and why should it be otherwise since the Abusers are to be Remov'd and Punish'd And the Donative Abus'd setled in better Hands to perform the holy Trust the Service of Almighty God Par. 140. Trusts Abusable and Forfeitable AT Common Law if a Trust be Abus'd as what more usual Debtees defrauded and Portions never Pay'd is the Trust forfeited Agreeing the Breach and that Deservingly and that the Fiduciaries or Trustees must respond the Damage to cestuy qui Trusts be Accountable to the Trustors And if non habent in aere their Estates be too Feeble to make Amends luant in corpore their Persons must visit the Fleet and there continue till they clear their Scores 2. But is the matter of the Trust to wit the Debts and Portions Thereby lost Transferable elsewhere for the Misfeasance and Fraud of the Person Entrusted If the Simile do not Halt but Dictum de omni sound on all Four which no Ideocy so faceless to Deny Surely this railing Head bound with Schism is Burst his Brains fall'n into his Heels otherwise his Pen could not Endite so leadenly in filling the world with such dangerous Absurdities for the supputed Crimes of the Clergy to blow up the whole Profession quite to Kick off Religion by Tumbling us Headlong into a new Chaos of Deformity and Darkness To lead the Blind out of the way is dirty Morality but to wander them in Sectarism and Disobedience Beguiling them with currish Libels which by the Civil Law was Death is the Blackest Divinity Par. 141. Blottings sham'd and Discomfited THat a Profession or Trade must be Dissolv'd for the Delict or Crime of the Professors Is a Consequence Illogical and Inhumane If a Lay office be neglected and Abus'd the Office by Condition in Law is Forfeited The offender to be Deraign'd and Punish'd according to Demerit But is the very Office for this Abuser Deraignable or worthy of Dissolution Non-user as well as Abuser in the Officials of a Judge is without Dispute a Forfeiture If the Justice be Careless or Corrupt must we therefore Exile all Judicatore throw up Property and suffer Confusion to rage over us If a Bishop be Faulty in Executing the Pontifical Duty is not Deraignment or Removal with legal Castigation a sufficient Sentence But the very order must be stock'd up for a Personal Mall-feasance By this Crookedness Prince and People the Innocent must hang with the Nocent the whole Government torn to Pieces for some few mens misdoings Par. 142. Faulterings of Governours is no Fault of Law IN all Ages happily on a narrow search some Bishops have been Blameable and Justices Corrupt à facto ad Jus is lamentable Sophistry Therefore Law and Gospel must both be Renounc'd Atheism and Confusion take the Rains for the wry Actings of some ungracious Persons Scriblers Chastiseable I 'me wounded to my soul that men of flowing Gifts and Rising Fortunes should detect such an Ebbing or neediness of Grace even inbred Prudence in snaring poor Mechanicks with dogged Positions to scrat and tare the Church to the Startle and Discomfort of their Fellow-Creature with the Peril of their own Souls Thus from a Disposition in none to infer a Denomination in All is Botley Logick Because some are Roarers and have Espows'd Debauchery a Catholick Ruine must be Design'd for Humanity for the Male Port or Goings askew of some blustering Swashers Par. 143. Perversion of Maintenance the Horrid'st Persecution DIoclesian is storied for a Church Murderer in Killing Ministers But not to be scal'd for Bloodiness with Julian that gave the Fatal Stab or Death's Wound to Religion Taking away their Temporalties Butchering at one Blow the whole Ministry By the one the Church though mangled was multiplied But by the other at one Stroke cut off and totally subverted Blood is a Crying sin and without a full Atonement will not be Assoil'd here nor hereafter To assacinate the Body is Murder but Inchanting mens minds with Sedition and Blasphemy A Crime of a more frightful Aspect like to the Fable of the Italian Attempt even to oust us of the life to come Par. 144. Reprobous opinions not mortal but too long liv'd even Deathless THat Heresies Condemn'd Ditch'd and stak'd through should Appear again is the curiou'st Mystery in Nature like the Craving unsatisfied Element what they lose in one Place they Commonly sneak and get in another And though the Authors go the way of all Flesh and their opinions ocularly Die and rot with Them yet it falls out they are not Commortal or of alike Dissolution Leaving such a sting and Sperm of Poyson still behind that they Revive and sprout again many Ages after in more dangerous shapes then Afore That the Philosophers Revolute year wherein the world should come about again the Interlude the same the Actors only shifted proves no Fiction but a plain and visible Truth How Reprobates Creep up why suffer'd Surely God hath rais'd ex gratiâ out of pure Favour these Factionists as Goads in our Eyes to keep us waking Lest the Church Drowsie with Unity Idolatry might steal upon us like Burglars or night Thieves and endanger our souls Par. 145. None Priviledg'd from Infirmities NO wonder if the Evangelical Light depart and Blindness Crowd in upon us The Church thus thumb'd and slober'd with impious Vomitings against order Creating a Theater of Horridness more Dreadful then the Fate of Catania Though tap'd by a Bohemian Sufferer or Attested by a British Second which on a strict Enquest may be Verdicted Flashes of Pride and Choller not Fumigations of Exemplary Zeal We reverence Church Worthies whose Sufferings improv'd the Reformed Colony for which their memory as a Relique of Sacredness is very Dear If holy Combatants therefore Infallible exempt from all Carnalities Coincident to Frailty is a quaking Inference They might be Essences in one Degree as very Drugs in Another There being no Salt or absolute Spirit of Truth in this Life the Heat and Sharpness of Passion meeting with Affronts and Hardships might edge them beyond a sober Byas of Gospel-Zeal and the Cool Breaths of a Saving Angel And therefore their Reformings not of that prolifique Influence that we must incontinently quit the Church and the Star of Prudence And Embrace their dark Anthems as the clearest Sonnets of Sobriety and Truth Par. 146. The pettish Revolter Christianly
smartest Discerners in the Predictive Delusions where one falls out Right Twenty miss The like of these Lands they 're no Cancer or Moate to fret the other Estate Tenantable under an ill Destiny for if true observation were made Twenty for one Continue All other Estates are generally as Transient as Hasty to be gone if care be not had to the main Chance And as often Actually made away as They. Prebendaries of Learning and Devoutness necessary 7. To shut up this Cloister'd Dispute 't is the Conceivings of some that had there been fewer and those no gorsey Crommers or Cloistering Snorers but better Disciplin'd and more Actively Dispos'd in Virtue and Piety The Continuance might have been Profitable I have spoken this in Vindication of the Liberty of England the Law to stop the mouths of malicious and ignorant Detractors that run away with a fantastick Prejudice without searching into the Reasons and Grounds thereof Though I may expect for writing thus Evenly without cloaking or clouding the Integrity of State a badder Curse for my Pains then the Confirmation of tempestuous Weather with the Wind Continually in my Face SECT XXII Par. 152. Vpbraidings against Church Lands THE Ecclesiastical Revenues are much upbraided by the Anti-Prelate the Ruffler against Monarchy As the lavish Alms of the Blind in dark Times No better then Pious Cheats worm'd out of the Simple Devout somewhat to Alleviate or take off the Duress or imaginary Flames of Purgatory to glide to Heaven on Dowley Terms And Testaments fram'd by Collusion are void In Charity we Adjudge them as the frank Endowments of well-intended Zeal for the Maintenance of a pious Vse Though happily Purchas'd by some Sprinklings of Fraud the general End of the Donation good At Common Law though the Words of the Testator cannot be satisfied which is frequent in many Cases the Intent being Pursu'd the Exposition Safe and Binding Now in Law the Intent of the Legator Justifiable though the Modus and Judgment of the Legacy mis-applied which the Canonists agree may be Rectified for the Support of true Worship And in Law Bequests to the Church must be Determined soly after the Law Canon And not after lay Constitutions Par. 153. Lamponings against the Person of Prelacy ALlowing the Bequest good yet Adepto fine cessat Motus the Race being won the Quarry once got Adieu to all Piety and Learning Epicurism and Pride must then take Place Charity and all Prelatical Worthiness thrown out of Doors The Lamponers Silenc'd If not Libellous this is a sore Blur indeed worthy a thorow Scanning and Amendment But with the Churlish nothing is Chrystalline but Blood-shot and since we cannot estrepe or muzle Malice nor Martingale Folly Aspersive Mouths the Spowts of Slander with the wise are no Scandal Merited Advancement 1. For their Promotion 't is not per Saltum at one Jump or Vnadvised Leap But Gradually with the uniform Vote of the Guild of Learning neither without the Expence of much Time and Charge can they arrive to a very Degree in the Profession And afterwards through wearisom Study when Seraphically Accomplish'd 't is not their own Seeking but the Pleasure and Penetration of Majesty according to the 25 H. 8. and the 1 E. 6. to distinguish of their Gifts whether fit to be Dignified with the Call of Custodes Animarum Chancelours of Souls and Spiritual Guardians 2. Before this Providence of Conge de Eslier doth usually salute them through long and irksom Studiousness they 're Gone off their Spirits near wasted Being just but moving Skeletons Preferment comes as late to render the Abode Felicious as a Pardon after the Head is sever'd Retirements then from active motions are no way wonderful SECT XXIII Par. 154. Literature Honourable NOtior Virtute est Potior Honore Honour is so Riveted and close Entail'd on Virtue no bartrous Act of Fine or Recovery can dock or destroy this Right A Principle in Favour with the most Barberous Can Learning be too much Laureated those who by wearied Study are Preferr'd out of Merit not of Grace to the State of Spiritual Governours According to the Apostle Those of Berea were nobler then those of Thessalonica I hear no Divines Moot the Grandeur of the Law for some Advocates to bolt the Dignity of the Church Is a great Jeofayle obnoxious to Piety and Scholarship But for their own Coat to beat so Venimous a Peeke Renting the very Bowels of Learning to rout the Church is more then Viperous even the rudest Silliness Par. 155. The Peerage Requisite AS there are several Rounds or Orbes of Dignity in the State for the Honour of Magistracy and the Encouragement of publick Spirits The like Comeliness in the Church is most necessary for the Reverendness of Religion and semination of Learning Amingle-mangle in the Church will cause an Hotch-potch in the State Nothing more unequal then Equality is an Axiom in State good Revellings that Gentlemen and Schollars should turn Anticks and Levellers for Equality in the Church will invert the whole Fabrick turn every Interest upside down and do the Business Fraternities meerly Lay as well as Literate must be Recoup'd or brought even Masters and Fellows Ancients and Punies All of a Knot Neither will the Morrice-Dance of this Zealous Tumbler rest there we must imitate the Church we cannot follow a safer Light then the Cassiopaea of Heaven And then God b'wy to Monarchy this levelling Sythe will mow all down the Gentiness of Lacque-boys with bare Heads and Pages with the Gaudiness of red Ribbons and long dusty Trains usher'd or Pag'd up are meer Giggery and mimical Expence Nay the Streamers of Sovereignty and Ensigns of Greatness of White Staves and Blew Garters with the Jesse of Honour And Swords of State with Maces of Majesty more useless then Bartholomew Babies In brief Lord and Tenant King and Vassal All whiff'd off in a Snuff to bed and board in Hercules Den. Par. 156. Why Created Barons WE do not mistrust but in Abraham's Bosom there will be Fulness of Bliss Reveal'd unto All However we may Conceive and that rightly of Hierarchies or Ranges of Beatitude among Angels and Priorities doubtless we shall find among Saints A Series of Glory even among the Stars Hence hath our Law created Spiritual Prehiminence not as a lofty Gayety to Lord it above humble State but as an Honorary and Requital for Reverend Parts To invite and likewise oblige the Laity to discharge readier obedience to Ecclesiastical Jurisdiction Magistracy being ever more Honoured if Grac'd by handsome Quality but too Commonly slighted in abject Condition Handsome Splendour no Pagan Pageantry Can we Pay too great a Respect to the Legate of Heaven that has Curam Animarum the Charge and Curacy of Souls unless the Soul be a Romance or Kickshaw a meer Artifice or Feat of Wit feigned only to scare Fools And the Legation or Curatorship as needless as Poppets and Mummeries Par. 157. Civil Distances not Loftiness nor Superstitious Vanity BUT