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A97210 The Royalist reform'd or Considerations of advice, to gentlemen, divines, lawyers. Digested into three chapters. VVherein their former mistakes are examined, and their duties of obedience, unto the present authority, succinctly held forth as rationall, and necessary. / By Albertus Warren, Gent. Warren, Albertus. 1649 (1649) Wing W954; Thomason E582_4; ESTC R204579 31,154 49

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others meere Schollers would be avoyded by Gentlemen in point of consultation of the times for they are only skilled in Contemplation and the chiefe books about governments were written in old darke times when Tyrants were the only Kings and doubtlesse people had not that vivacity of understanding what it is to be envasseled unto despoticall Arbitrary powers in those dayes wherefore how is it likely that Academick men tuter'd up by such Masters as the Vniversity afforded Apes only to those books whose interest and dependancyes were linkt to the Royall Seat and who were not preferrable unlesse of a temperament ready for asserting of a Monarchicall and Episcopall governments should well direct you I see not No man alive honors Learning more then my selfe though the tennity of my capacity be such as can add no honor unto it But temper and reason must guide the opinions of Ayrie termes and Metaphysick notions otherwise how mischeivous they are when falling upon eyther a vile or towring Spirit is ordinarily discerned yet may it be lawfull to affirme that Schoole learning poysons some constitutions God is judge of my candid ambition in these Papers So far prudent I would have Gentlemen as not in indifferent things irrationally to strive against the Bent of Heavens decree least by rash and needlesse extravagancies you compell Authority unwillingly to make you get power a thing truely I hope not desired by Authority How much wiser will it be for Gentlemen to keep their heads above water in these present currents since we are in England yet thanks be to God bounded with Lawes where a well compos'd man may enjoy freedomes of conscience ayre books and recreations And although you judgements be not wholly satisfied of the lawfullnesse of somethings yet let reason teach us all that however it happen we are now in a most fair way for getting most wholesome Lawes established though with alterations of some old ones such I say as that if God will afterwards in his high discretion introduce a pristine forme of Government instead of the present existent those after Ages will blush to abrogate what so wholesome by present Law-givers have decreed Neither let the fancies of those men who too much affected either with an over-weening apprehension of their owne skill or deserts or precipitantly carried on by a secret divine power for houlding forth Gods work er'st prime instruments in those actions wherein the Parliament hath so mightely prevailed bustled somewhat this Summer but more dangerously the last before this speaking perhaps somewhat beyond themselves in some particulars yet to wise to endeavour a parity in Civill Administrations let not such I say befoole you into groundlesse hopes nor cause yet in Gent. a further abhorrence from condiscending to Superiors for of this be assured If you act as common enemies let the embers of such impolitick drifts blaze when they will that flame will beget a surer fixation and conjuncture against the common Enemy and it shall prove a meere exhalation but the matter of it will light upon your heads The main pretensions of many now mingled discontented and ignorant parties beside the old royalists are in effect these scilicet That the present Authority at Westminster hath not done such and such acts in pursuance of such premised forms and modes of actings in civill matters Qui judex est Rei judex est causae their own concessions will stiffle their own arguments which grant the parliament supreme and of power to give Lawes and definitive sentence what then if intentions in things purely morall were premised might not such reason interveen as might cause them not to alter resolutions perhaps but de mado to traverse their own tempestive and opportune votes as tempestively opportunely as prudentially as providentially causes changing and with as great reason to retract as art Their unhappinesse lies only in this that enduring so great and multiplicious cares they cannot possibly preamble every vote or art at large this may excuse them since it must be granted by common indulgence though few observe it that the reason at large of few statutes can be prefaced unlesse the preface or preamble should swell beyond the Law like the gates of Mindus wide enough for the City to run out of it The nescience or at least neglect of which knowledge hath sometimes it is probable exposed the houses Declarations to unworthy scandalls because of the seeming diametricall oppositions in severall ordinances of one indiction to another and yet these are not opposite sences nor contradictions in the adject but an alternate effluxe of discretion in emergencies of necessity requiring such refractive docision adapted both upon rationall grounds which alas is cleared unto us as lawfull in Domestick affairs where alterings of resolutions was never but as it may be circumstantiated nakedly a sin or accounted so and in truth can no more be imputed as declivitie from right reason or understood as inconstancy then when a man shall say he will ride to London such a day perfining unto himself his end in that journey when in the mean time by some intervening accident his end is atteyned and journey to London stopt Vpon this discretion of alterration all humane laws depend this is now very remarkable to my apprehension not so before but I the rather now confesse it because I think it most ingenuous so to do and heartily wish you the same light be not ashamed to make recognition of extrication from errors as to heaven and Earth I am now presupposing your discretion Gent that there may be chang of governments in Kingdoms and that there is no necessity of an identicall government come to shew you some thing in reason why I think Monarchy will cease here advising still obviously as occasion happens Before I come to that the Pragmatick Lawyer will draw me aside into admiration who the better to bolster up his Diana says that the Priviledges and Prerogatives of Kingly Government which I know is also Gods Ordinance is of indiscensible divine right truly no sound Theologist but will acknowledge other formes also so to claim but neither of them all of an indispensible necessity but the truth is they of the Book law in this state have borrowed many shifts out of the Civill Law to make good their assertions used most what in times of absolute regall unlimmitted power and insensibly put upon us by cowing out the peoples spirits no lesse by Pontificiall then Monarchicall usurpations To the Lawyer we intend to speak apart But that it is now verie probable Government by a King wil cease in this Kingdome upon serious consideration of matters and things no temperate man will deny I am none of those who build their confidence of it's ruine upon pretended prophesies neither upon judiciall Astrology but by the Star of humane reason and by comparison of past and present transactions neer guesses are often made yet I suppose letting passe remote causes it will be worth while
They are mistaken who say ignorance is the Nurse of Civil devotion Englishmen naturally disgust or slight things placed above them Every man is not bred a Scholer or book earned what if the Mases have been favourable un to him imployments of many men will not afford them time for studdying the craggy Language of our law upon this ignorance is an Epidemick vice And yet I have not known more unhappy men in sutes then mere Scholers for they looking upon generall rules of Equity only can hardly be drawn till they are well smarted for their Scholastick presumptions into a belief of the wholsome composure of our Lawes fitted in their position aswel unto adequate reason of naturall right as appropriated most part unto the constitutional bent of our Nation upon this anvill of causelesse discontent and prejudice it is true occasion is improperly taken and Ministers heartily threaten Attorneys as brambles in the State because our bills are neither by them intelligible nor legible in that they are unreasonable All arts have their forms termes Lawyers theirs It is said a Parson lately preacht this doctrine That his parishioners ought to observe Court hand was an Idoll and God would dash Lawyers for all their dashes But at such we smile As violent on the other hand are Councellors and most attorneys against all military men who dare speak plain English and petition for Reformation in Law practice These men consider not being wedg'd up with present forms how most of our lawes in England had military grounds for their begetting And thus much my Discretion teacheth me to affirm impartially Many of the Governing part of the present Army are blest with extraordinary Reason far beyond most of our learnedest Ply-baggs It matters not from whom our help floweth if we get cure of civill Distempers and from their indeavours it is most likely to proceed If I mistake not I perceive that a strong fancy pessesseth most Lawyers of a necessary single Governor whom they alwaies vainly enough looked upon in his politick Capacity as an immortall Deity But that is a meer fiction like the houses in astrology I desire to be resolved how a parliament could order the succession of the crown of England from Hen 6. to Edw. the 4th upon breach of a Condition if a condition be an Hereditament Henry the 6th was in by discent from Hen. the 5th Edw. the 4ths entry was tolled yet by that Parliament at the end of H. the 6th raign and beginning of E. 4th judged lawfull where was the King in the intervall of H. and E These are bables for a man to think upon seriously for that paradox of the immortalities of Kings and Bishops here is actually resolved to annihilation All States and Potentates are taught by natural reason to ingage their subjects into obedience The present new engagement must not be judged any innovation or cruell Obtrusion but rather a carefull indulgence for safety of the whole complecting every mans exactible duty lest any should pretend ignorance of that duty for actuating whereof to wholesome ends hee is designed This every man will beleeve convenient whose Braines are not disturbed with the QVEEN OF WATERS influence and our immediate rivolets of dangerous honor need not much complaine or curse their fates FOR BEING SVBIECTED TO THE LAW since upon their owne stock of exhalations reshowred downe they for a time survived their fountaine and may yet runne a more direct course in another Region if they please or can stoop to Providence Neither hath the Common Lawyer above all men any cause to repine at present fixing of our State for that his craft or mystery is preserved intine his rode toward subsistence the same only it may seeme reasonable in lieu of that felicity he should rightly valew it and informe where Reformation of abuses is most wanting For mine owne part having with a good intention composed these papers I must begg leave in one word by way of preventing prejudice to Apologize lest my advice herein given or any representation obvious unto my scope should be unworthily apprehended as savouring either of pride base ends or partiallity for what ever I have written to those three forementioned qualifications of Gentlemen Divines or Lawyers my request is should be understood as an efflux upon exigence of Method proposed not that I any way undervalue others whether Merchants Tradesmen Mechanicks or Yeomen nay not the more low sort of men because to my sence every respective part of these are equally as considerably usefull in our Common wealth and it is civility makes a Gentleman deboystnesse a Clown and sonne of the earth my Prayer unto God shall be that all men setting aside frothy Titles would center their ambitions in him who is alone able to reduce certainty peace and rest in this unsetled humorous age an acquiescence in his providence will dispell Melancholick perturbations when all Physick besides must prey a little upon the naturall Spirits of the Body that will compose the Soule and set the turmoyled creature free from all possibility of miseries dangers and feares As for the Species of Magistracie in its abstracted essence with Heaven in variable yet as to men alterable in all ages the lesse private persons unhinge their braines in consideration of it certainly their night rests will be more quiet But Caelum ipsum petimus stultitia neque Iracunda Jovem ponere fulmina patimur Horat Wee shoot at Starres and vainly ayme to stop Iove's Thunderbolt as 't is about to drop Such is the presumption of this age that men sin advisedly in swallowing up generall freedomes by speciall interests some are as preposterous in hurrying the wheels of Reformation to fast downe hill dangering the very Axell-tree of its whole carriadge as others are to Curious in avoydance of shallow rakes wherein she cannot sink deep others say a Sledge without wheels may serve a Lady of her condition that will they think convey her from Constable unto Constable well enough and time enough for any necessity or haste there is of her progresse The honest well affected Country man who thinks all things can or should be perfected with one Swap now the King is gone may seem to be the first with whose not well guided reason perhaps a few discontented private persons among'st our Armie may jump also Next those will follow the temperate meere Divine in the second resemblance and as subservient unto him a Brace of his best Parishioners commonly old Gentlemen good hunts-men these could be content with a Reformation But are afraid of her looks and necessary attendance Into the last resemblance Lawyers must most properly be redacted Analogically ours is say they a profession and it can be no sin for a man to follow his calling But I feare to take issue with Heaven upon a dispute that for the maintenance of their families and for avoyding the Caracter of one of Pauls Infidells in not providing for our charges we traced corrupt practices will at Gods tribunall prove a very sleevelesse allegation when Madam Justice shall file in Heavens most Christian Court a provocation against fac simile Clerks where I say quaint protestations by way of exclusion shall not hinder taking issue upon the whole matter no Jurisdictions of a Court incapacitated can be pleaded no errors alligned afterwards in a word no essoign nor imparlence can be admitted While we persevere in screwing rigor of general lawes up to the height of injury we are a burden unto our fellow Subjects we weaken the esteem of the common-lawes wholesome constitution and mainly suffocate possibilities of felicities attingible by the publick we hand Reformation from one to another bewilder our selvs and hazard our future safety But integrity is the best policy and as a Lawyer lately upon another occasion did affirm That al the lawyers in England could not make one case law which was not reason so let us uanimoufly pray our practise may be regulated in its exorbitances by reason and vindicated from those many just aspersions it groaneth under least though the bread of deceit be sweet our mouths may afterwards be gravelled For present My thoughts are no longer mine own This corollary caution I shall leave unto all sober men of the three qualifications prereflected upon That they would well consider how dangerous a New Representative may prove till Ireland be fully reduced and people fixt into a better sence of their Duty regarding that no wise Neighbouring Nations will commend in us a disimpowring experienced men from winding up their long labours into a Bottom whose honors lives and fortunes are reciprocally involved in the extreme diffusion of Policy for generall safety It is our defection from present Patriots all discontented parties attend as their last and secret stratagem for our further disquiet which sad consequence after so vast expence of blood and treasure may concern every discerning spirit to deprecate FINIS