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
better for see how Lent was kept lay in so much flesh before as served the household And so it would be ye will say for two dayes in a week I agree it therefore I say truly observed therefore as in the historical part I propound that the reason of every law be divulged and conscience from conviction of the benefit of it engaged to obedience and no way like that as the examples of Catholique abstinence now manifest But if the Magistrate would use force I shall offer the best and most reasonable way which is to send to every household in every town so many fish at an equal and set rate by him according to the number of his family so many fish for every head by the year accompting two daies in the week wholly for fish Now the benefit of the preservation of yong Cattell is great and warily to be provided for therefore let the Magistrate enact that all Lambe killed before such a day shall be forfeited and the killer and eater to forfeit a price So no Chicken Turky Duck or Goose till such an age no Rabbit till Midsommer And that in Two great respects First till that time they bear little grouth and do not much harme if well looked too Secondly the wool and skin is then serviceable Now for Calves the laws for rearing of yong Cattell must be made in them more certain for Bull Calves needs not in many places to be preserved equally as others some also are plainly unfit for to be reared at least by opinion Therefore there must be a loose to them more then others But to setle all to provide that every second third fourth or fifth Calfe be reared up or so much paid to the hayward of the Town And every Town to have one seems easie and feazible Whither losses at Sea by Piracy ought to be satisfied by whom and how ASSuredly the taking of customes c. engages the Supream Magistrate to the guard of the Sea now this done many think the work is done and customes are due clearly but the Subject must bear his private loss Others Christianlike say that there are providences which none can eschew and for these each one must bear his own burthen Next there are remote places wherein Traffique is thought setled Yet clearly in dominions of other Princes and States and that for any Supream Magistrate to assure their Subjects in all places is impossible Therefore the Engagement of the Magistrate must be setled First that the Piracy be within such a precinct or bound Secondly that it be a vessel of the Nation Thirdly of goods lawful but not that if any goods unlawful were in the Ship no recompence be but that recompence be only for lawful that is not goods prohibited whether for importation or exportation Fourthly to a Subject of the Nation in other cases let the customes of Nations prevail But in these cases it is just that Recompence be to the loosers by the Supream Magistrate out of prizes taken by his men of War which ought therefore to be valewed and returnes made Annually to the losers as their losses are proved in time allwaies provided a high punishment bee to him or them abuse the State Now there is great difficulty made of the proof of these things But we perceive it is easie to the State if the Governors have a minde for the lading will appear in the Bill or Cocket if they have it if not and That that be miscarried they can have what they can claime out of the office from whence they sailed And the Principal Merchants can quickly make out the work especially if all Merchants be brought under rules of Trade as they ought to be what ever is yet alledged to the Contrary How all Accompts for the Common Wealth are to be setled c. THis ought also to be done in the several Counties there are the men best known and their dealing Admit complaints to men impowred and that with speedy and due Justice and small charge and men in conscience will complain oft where little or no cause is but that is quickly ended But make it difficult and Envy and Malice are the only accusers men do accuse then not of but out of conscience only Let the times be set positively wherein to have all accompts cleared and yet let none be called to accompt upon error after a set time for I would have all formal accompts cleared and burnt once in seven years they are not worth the keeping let the Auditors be carefully assigned who are to prove the accompts and let the punishment be in case of Error or Arrears securing estate till cleared and the person except good Sureties be for it is clear it is the due prosecution of justice is the great priviledge and if nothing but securing persons will keep them in due order let the work be done For the Iudges they must have power to call to account as oft as they see cause but all to be ended with the year as aforesaid And let all Treasurers and Officers have their fees from the State as before Next let them have their offices onely during well abearing and so much in the pound truly for all discoveries of deceits and the work will manage it self especially if once the erroneous principle of conceiving it unchristian and unbrotherlike for a brother to enform of a brother be beaten out of the world In whom is the Right and Power of Calling Councels THis is a great Question much ado is made concerning it in the world and yet all to little purpose for that most spend their time onely in treating what was done but few upon what right it was founded It is not nor cannot be intended here who should Congregate the people in Civil Matters No it is intended in Questions doubtful troubling the peace of the Churches of God Now it is plain by what hath been said before that the latitude of the Magistrates power in these cases is only the preservation of the publick Peace otherwise he hath but the relation of a private Christian Therefore as Emperour King or State to settle or convene a Colloque Assembly Dyet or Councel Provincial or General he hath no Power in a Church-way It must be only prudentiall to assure or continue the publick peace in the best way they may wherein all things that are not unlawfull and be expedient become lawful But to assure the jealousie of the Supream power it is not requisite to have such publick Conventions without the Magistrates permission but to turn this sufferance into a Right was an Error Again for the Churches to desire the Magistrates permission and after to enforce a Grant or summon without was a greater fault for their profession admits less deviation just Magistrates will not deny the Churches lawful meetings while the Churches seek but lawful things lawfully Now as the Churches have the first insight as by Office into Church Errors it is their duty to
him and that not onely in high and criminal matters concerning his Crown and Dignity the life and honor of his subjects the original due object of the power of the Court now called the Common-Bench or of his Treasure the object of the Court now called the Exchequer or the Court concerning matters of the Income Profit Revenew or Treasure of the King But also of the differences betwixt party and party the object or subject matter call it what you will of the power of the Court now called the Common-Pleas which for ought I can finde authentique to convince me had all one officers which were not many all one Process which was a special Writ for appearance and a trial before the King or such as he appointed in his Court for the King was to be always present and there was also help in case of Equity by the Kings Chancellor in matters of the Summum jus of Law according to the common Lawyers phrase or severest opinion according to the rule of pure conscience that is do as you would be done unto or like a good Christian according to the Episcopal and Church-mens equity in the times of their Regiments now this foundation laid which offered benefit as well as Law to the people who had hereby remedy against the greatest oppressions of great men or Judges in the Courts of the Sheriffs or Lords Courts or Hundred Courts which all at first submitted by way of gradation to each other all to the Kings and so the Courts in Cities and Boroughs and other places incorporate as also Franchises and Liberties which were the evident marks of conquest and granted larger or stricter as the King pleased Now the King plots his own setlement first as being a Norman that is French he wills all our pleadings to be in French for he being as chief Father of the Commonwealth to see to all ought to understand it Next he ought especially for offences criminal or trespasses of force voluntary to have the punishment of the offender as a disturber of the peace of the Commonwealth as well as the particular party to have reparations and therefore he brings in together with Appeals the ancient usage of England which was the challenging of a man to have committed an offence as of treason murder rape felony and the like a kinde of suit in the name of the King called an Indictment and truly all the reason of the introduction that I can see was to advance the end of the Kings gain for here the King hath all the gain all the goods of the party at first from the day of the offence done truth now he hath it in appeal but it was not so for this the old true tale of Kents freedom will be known Evidence for they opposed this part of prerogative and then the father to the bough that is to be hanged upon the arm of a tree the usual and ready way then of dispatch and the son to the plough that is to the improving the inheritance left Concerning the common Law Prerogatives of a Prince or what the Laws of England anciently as by the right and light of natural knowledge granted to their Kings a certainty of land of the Crown Mines of gold and silver Royal fishes lands deserted of the sea and of them who died without heir as the prime person in whom the honor and glory of the people rested I omit to speak at present Truly that this William used Parliaments I finde not though others do for it is evident to the world and he that is not blinde may see he to quiet the people pretended Title but his intention was to make it his absolute conquest he therefore calls Councels where his Lords were present they do what his Will is and there is an end So that grant it a Parliament or National Assembly of the Estates yet it was but to grant or enact what the King desired his Normands had liberty to speak their will what English man durst oppose but the acts of his successor fully demonstrate this who destroys thirty towns and Churches to make a Forrest the Monks of the time durst speak but who else So that now it was evident what Title he claimed by pretend he what he will for the King had still his pretences truly the English were now in great streights they saw their Laws utterly abolished and their lives and estates to lye at the Kings mercy there was no remedy to complain who durst The Bishops yet notwithstanding something interpose but their mouthes are stopped by a command from his Holiness for people must not rise against their Prince but at his will and fill his coffer and you have his Crosier at command for Rome was now at the full height of wickedness but God taking away this sacrilegious Prince he soon opens a way of comfort to the almost cowed English giving them some means of revenge by a royall contest or a quarrel for the Crown this and matters of like nature setled there now ariseth a greater quarrel which hath continued even to these times though with divers parties and upon several grounds and that was betwixt the Lords and the King it seems God would have the English free and though he chastised them he would not forsake them for he makes their enemies the chief assertors of their ancient Liberties for these Lords finde now that they had not the same free priviledges their Ancestors had and claimed their births had now made them English of sharers in principallity they were made meer though greater Subjects The King Lawyers belike had found some flawes in their patents it may be they had done some wrong to their Tenants and were complayned of and the King to anger them that they might forfeit their too large liberties did the poor men right the greatest vexation and Soul or heart-grief a proud great man can have but be the ground what it will many of which are evident and arising as before is said The contest grew high there were things called Parliaments assembled to the end to determine these differences and in them divers good Laws tending to reconciliation were enacted but what was the effect of force ceased in execution when the cause was removed and the Lords armed against their Princes and truly their Tenants took part as the rest did they feared the saving of their faith to their King would prove the forfeiture of their lands to their Lords and now what was intended for the Kings safeguard was his ruine the most immediate Lord carrying all the power the superior Lords all along were strangers So vain a thing is the most prudent settlement of men if Divine providence affords not success But this still remains a sure foundation good Laws are ever the same though the badness of men may enervate and weaken them yea oft times invert them but still as differences grew higher and higher Parliaments were the means of quieting of all which doth
civill State where the Kings as I tell you still laboured to maintain their Prerogative so called by which they intended the absolute rule of their will holding all that was yielded by the Law not as datum or given but debitum therefore they refused it not but laboured to encroach and therefore there was no immunity granted to the Subject but they paid for it no right cleared but bought at the hardest market yet upon these chaffers the Kings settle the Courts of Judicature both of the Common Pleas Kings-Bench Exchequer and appoint Judges and salaries at Westminster a certain place and at certain and appointed times whereby the great and arduous causes the difficulties of which could not be determined by the ordinary Judges of the County might by these eminent and most learned or so esteemed receive a period with less charge to the Subject and to these were appointed Officers and Fees After this the Chancery was setled and the chief Judges of all these Courts I have read the Parliament were to appoint and they might if Annuall but if but every seven years as by after agreement was established it was requisite to admit the king the choyce once and then to be sure he was like to keep it for ever there was a president out of these Courts the kings raised large supports for all the Officers which were now multiplyed went all along with the Crown and yet these Courts the kings liked not but laboured to introduce other Courts the settlement of all these Judicatories by way of gradation admitting a finall appeal to Parliament in course therefore the Court of Wards is erected and that upon a good colour but a bad cause for the latter kings having seen the issues of things before as is related now neglected the warlike education and the preferment of their Wards as at first institution indeed the cause which was then that was the putting by degrees the whole power of the Land by Marriages was now ceased and now none bare less affection to the king then the race of Normans the issue being like in condition with the English ill brooking the service and vassalage which themselves laboured to lay upon the English After this Court came up the Court so called of Star-Chamber intended still as a bridle to curb the head-strong humours of the Lords and great men There were erected Courts of Admiralty and all these Courts were bounded had their Rules in all circumstances the defects of which were still as I said lyable to appeal that is to be questioned in Parliament the Law Courts and Statutes Courts of course the other agreeable to their own nature by supremacy of power neither were the Spiritual Courts so called that is the Courts of or under or by or from the jurisdiction power authority of the so called Clergy from the highest Bishop to the meanest Surrogate of other settlement yet in these the Kings were chary for they appealing to the Pope a curse might follow and who that hath a due consideration of conscience can blame the Princes Judges Magistrates and Officers of those times seeing they pretended to beleeve the Popes Supremacy of power and all other things conducing thereto But now we shall see a stronger opposition to the Pope then ever for he sending out many prophane Indulgences as for pardoning of the greatest offences and tolerating the highest wickednesses Luther a Popeling opposes and that openly before the Emperour at the great meeting or Parliament of the Princes of the Empire many of which took part with him he thus upheld and the Pope scorning the check by a paultry Fryer he curses and excommunicates him Luther writes against that and seeking and searching the Scriptures to find out how to assure the truths he had declared God manifests many more Now here I must observe that Luther broached no new matters it was the old Scriptures and the old truths of the Scripture but the men that then lived thought it then strange and novelty as being contrary to what they had been trained up in Of all the forreign Princes to Germany who stickled in this business none so hot as the king of our England then called Henry the Eight a Prince not esteemed so Religious as Warlike nor approved so Warlike as fierce every violent spirit not being for the management of Military Atchievments and to speak the truth the ease and delicacy of Court breeding imbecillitates the mind and enervates the body for the pains care and danger of War This king nevertheless had sure some design in his head to gain his Holy Fathers good will in as other Princes he therefore writes or causes to be written which he fathered a Book against Luther in maintaining the Popes power yea even in the unjustest matters that is That Luther a Vassal of the Sea of Rome a Child of the Church ought not to judge the Fathers acts nor censure much less controul matters allowed by him much less authorized nay commanded for the bearer of the Indulgences had his Letters missory or Bull so called Luther bears this shock and all and alone stands the dint of the whole so called Christian world a few men and one or two inferiour Princes with an university excepted but this notwithstanding Luther teaching and holding forth the Doctrine of Christ and his Apostles fears not and multitudes are converted I may say to the Faith from the Pope to him he appealing to a general Councel but the Princes oppose with the Emperour as well as our Henry and good reason as I before declared set the Councel to order the Popes matters and a Parliament or Dyet will by Analogical Rule argue at least rationate at first and at last determine of the rule of Princes let a Fryer question the Pope and any Subject may as well altercate with his Prince and at last appeal to a Parliament as Luther to a Councel truly all the irregular Interests of Popes Cardinals Bishops Priests and the rest of that rabble and of kings and Princes Judges Advocates as Lawyers and the rest hang upon one thread and I presume that one sword at one blow cuts at last both asunder assuredly as they have stood so they will fall together but mark Gods way our Henry was a dissolute young Prince and he married young and to a widdow nauseous to such a spirit vain though Heroick or magnanimous to give it the best among such epithites he was desirous of a divorce which he at first at least sought not so much as is most probable for conscience as humour sake for this change he seeks the Popes dispensation she was a daughter of Spain the elder son of the Church that is the most ambitious among the so called Christian Princes which now stood ready at all assayes to act the Popes pleasure He was nigh and potent and must not be displeased the Pope dallies puts the English king desirous and hoping of a divorce upon an injury to
that he found not absolutely buxome that is without any scruple to yeild compliance to his absolute will he by his power removed and displaced to this end after one contest with one he changed the stile of the Pattent this raised an odium and at least he must bear the blame for by whose insinuations or abuses so ever it was done Yet while no man can force a resolved man who can force a King and the last and great Act being his the whole was adjudged to him yet not alone An other Act of great judgement to his end was the constant use of proclamations declarative not only of the Law but his pleasure in other lands called Edicts or Acts of the King alone or his saying or will resolved into Law these were at first put out upon things benificial for the Subject and were as it were a temporary Law of exigency or provision by the King for what the Law was either being antiquated and now revived or els that for which there was no Law in the case yet necessary to be provided for and so was a time of Tryal or an Act of probation against the next Parliament And these powers were never denyed Kings formerly or but seldome being but seldome used and generally upon good grounds so that no disobedience followed but at last his proclamations were divers of them though carrying a colour of Law slighted But he being of a very quiet spirit could not enter a contest but sought to work his end an other way and that was to call Parliaments And to create new Honors and so over-vote and consequently over-power the Parliament debasing Spirits by dependance and this having a strong influence upon the Gentry dulled now with long peace a natural politique of this Prince and not the least conducing to his end if he could or would have known when to have taken up the sword as he supposed they would for they were generally so besotted of these Court bables of honor that upon his or a great mans letter who their Lordships pleased was made a Parliament man and the House of Lords and Commons the Bar or Clyff against the Torrent of Tyranny was become an inlet to that Ocean but there was one great jealosie still which was a bar and this was the Kings excessive prodigality to his own Nation who were as greedy to aske as he to give so that the English grew a little I may say a great deale discontented especially the understanding sort But more upon the judgement so called given concerning the naturalization of a Scot ipso facto by the Union of the Crowns in one person as if all the rights priviledges and immunities of the free-born people of England were become hereditary to the Scottish Nation by one born in Scotland being next of blood and so inheriting the Crown of England And though great and wise men had their hands in this work and saw no evill in it yet they that were as wise though not so great and more uninterested and so less questionable were otherways minded supposing that this extraordinary favour to that Nation the seconding and approving of it by so many wise men and supposed affectionate patriots zealous of the liberty of the English Nation though it seemed to them as but a wise and civill policy and Act of munificence not much to be supected of danger carried hay in the Horn namely by this and such like plots fitted them to introduce and continue quietly what they all thought fit of necessity to be done the order of episcopacy in that Church and with that the whole liturgie of the Church of England with all those rites and ceremonies thought requisite as in the Church of England which the King upon petition of some Ministers at his first coming to the Crown was fully resolved in I mean in the conference at Hampton Court and the consequence of it By which he was resolved not to alter what the late Queen Elizabeth had established But these men believed that as this was indeed aimed at and this aime publikely allowed so that there was an other intention which lay hid and undiscovered and that was to force Scotland in case of opposition by English Armes and to provoke each other to these several works by a short kind of policy the Scot was engaged so as he must yeild what was his chiefest glory And if he yeilded not the English thus disrellished would be quick to the quarrel This I say not to be the Kings aime No I believe he might see no more then the plain surface matter and never be able to discover either this intended by some or that other politique which I now relate intended by others who yet drove on the same design but as supposing that it was a certain way to involve the two Nations in a War which their conditions required but his resolution was to keep all quiet and truly knowing of the Scotch temper he urged but inforced not commanded but compelled not and though he better approved Englands Hierarchical order he would not utterly reject the rigidity of the Scotch Presbytery though he had found some cross dealings at their hands which in England would have been called the scandal of the Crown and were not altogether savouring of a Christian modesty and humility were it but for the Kirk to command a Fast on that day the King had appointed a solemn Feast of State and that after the Feast was publikely known and divulged I mention but a peccadillo and that under a supposition because I would not apply that to things which may be was and will be only the errour of persons during the reign of these two princes Elizabeth and James notwithstanding the many complaints of the excess and defects of the Laws in their several respects yet nothing was done truly worthy the supream powers by them claimed there were some particular streams or rivulets of errour amended or at least pretended by particular Statutes both in giving Laws where none were and amending what was amiss but out alas the Ocean whence all these had their rise was still the same Three special Statutes I must here remember of James one to punish with death him or her that had two wives or two husbands but not made death to commit Adultery yet as I have heard canvassed at the same Parliament this Statute severely executed The second as rigidly which was concerning them that were or are delivered of Bastards pretended dead born and having no witness present to be taken as murderers The last was the regulating of the number of Attornies for good cause there specified which never was so much as in the least observed nor a Judge ever questioned for it yet this as to the world and in carnall respects of as necessary concernment as the other I shall not progress further here concerning ought being now come to the portall of the Theater of all Quaeries in the multitude of questions
at last and though as the Law held forth a plausible remedy to all mischiefs so to this in the Chancery yet it hath been generally found the remedy was so far off and so dearly purchased that it was as evil if not worse then the disease and though these Courts might do some good heretofore yet now there accrued no advantage to the Commonwealth by them except the multiplying of Atturnies Alehouses and suits were a preservative for a languishing State To speak of Arbitrary Fines how intolerable illegal and inconvenient were to no purpose but all these evils grew in the Reign of Charls to an excessive burthen An other growing evil was the multitudes of poor which arose as naturally from a long peace and secondly from a want of a legal approved way of disburthening the Commonwealth by Plantations other then voluntary lest priviledge of the subject should be touched upon so fell it out A third reason was the multitude of Inns and Alehouses the Inns grew upon an old Law when the English scorned the lazy life of an Host aad there were few Inns yea too few for to lodge Ttavellers therefore the Law debarred none from taking up that Trade and the Lawyers not having a judgment against it say it is Law still though the Reason ceased long since The other is of Alehouses multiplying in all places sure for by-respects as knowing much drinking raises Malt and that Barley and so the Gentlemen let their lands and rack their rents more so it fills the rich mans purse and empties the poors Next it was the ordinary advancement of a Knights Justices c. over-worn Cook-maide or his Groom or happily a cast Fallconers fee or Huntsmans as the pentions which are now out of the casualties originally instituted for maimed souldiers Fourthly and most imprudently from the laxation of Laws in the Justitiaries of the Nation for whereas King James found the Nation so governed that they who could not maintain a wife might not marry for a License they could not have the Bishops taking care enough with their Officers that the poor might not have lawful favor of a Licence lest their Hospitality might be charged or impaired by their maintenance and their publike denouncing the bands of Marriage the fist time the Parish for the like cause hindred it the second if any cause were usually none were permitted marriage till the man were thirty five at least and the woman thirty whereas since they coupled at fourteen fifteen sixteen seventeen eighteen a great age this hath bred multitudes of poor weak and tender poor and so for want of due provision roguish lazy poor for many Statues are but all to small purpose some men being so chary of particular priviledges that they have undone the publike and to save a Rogue or Whore from whipping have starved thousands to death For this was the course of Englands good general Government they were all one body and that as men so as Christians and therefore what the Parish so called could not perform the next must if that served not the hundred must if not that the County and so forth and this both for a stock for work for those could work whereby they knew the laborious poor and lazy poor and could afford incouragement or discouragement accordingly Next for maintenance for those could not work or not to maintain their charge fully This now was in times of Popery reasonably supplied partly by the Deacons the proper Church Officer and partly by the civil Officers of the Town Charity being then the high step to heaven applauded by men as declared by Paul and though the great Charity went to Monasteries Frieries Nunneries yet these were pipes which afforded some refreshment to the hungry thirsty both strangers and domestike but now there were new Laws new Provisions new Officers and all to make supply yet the work grew so difficult it over-mastered the Actors partly from the reasons aforesaid but more from the niceness grown upon the Law so that the Justice of the Peace knew not what to do whip a Rogue or loose person or such as the Law held forth seemingly liable to the lash he was sued and there wanted either such cause as Master chief Justice thought fit a Warrant of Commitment or a legal so called Warrant either it expressed no cause or not thought sufficient cause yet the cause in it self more then enough either it was to Bridewel where it should be to the Gaol or the Gaol where it should have been to Bridewel this for Rogues Then for idle people that would not work the due order of assessing wages was left so that what Rule to keep who could tell multitude of young people living at their own hand some commonly reputed to live whorishly others knavishly others theevishly for they neither wrought nor had of their own yet lived highly to complain was unneighbourly so they went on yet if complained of what could be done they answered they would have Services if they could yet if in Service they would do nothing nor tarry but their own pleasure or do but what work they pleased and wages they would have as they list and compound to do what they list or be gone and the Justices were so terrified by the Judges and the Masters by the length of suits as all was grown to loose liberty For the binding out of Apprentises a good and wholsome Law that the poor educated in better mens houses might be trained up to be fit for imployment as Husbandmen and otherwayes truly through the pettish wilfulness or niggardliness of some men in Authority it was assumed to be against the liberty of the Subject to impose a servant upon him and few or none will take willingly so that the Law requires it but none looks at execution if any do the particular Justices must upon refusal binde them over to the Sessions where he shall be plagued and as he saith malitiously vexed with attendance and pay fees and then nothing is done 'T is truth the Law holds forth a way of raising stock to put forth Apprentises but this is as litigious for there is much ado to make a Rate if they will not do it binde them over to the Sessions is all and there Lawyers make such work for their Clients as home they go without Fine or other punishment And generally the great persons are most backward many think scorn to be rated by their neighbours and if they rate them they will pay nothing or not above their estate there which happily is two or three hundred pound per annum and may come to six pence or eight pence per moneth and they have one two three four five six seven eight ten twelve twenty thousand it may be and how do they spend it but in pride riot vain excesses for generally they either live in Cities and then charge them otherways then they like or list they are gone or in small Towns that is
might be just but the way of undertaking disowned and they soon quelled by the valour and policy of the Lieut. General who had also with as much confidence as cunning strangled it formerly at Ware How warrantable all proceedings were I cannot at large here discuss but this is evident as souldiers they could not so dispute the matter but their way was unjust what ever their cause was as Subjects they could but Petition untill a lawful power or just necessity headed them This awhile obstructed the relief of Ireland together with some scattered scrupling objections as that the Land was theirs Originally ours by Conquest onely c. Which Arguments admitted would reduce us all to the mountain of Arrarat and make all Nations fight there if they could finde them till they had the possession which onely they could prove was the first indubitable rightful possession of their first Ancestor after the flood not that I think it lawful for one Nation to dispossess another at lust but possession anciently acquired is just till lawfully evicted and if the contest be drawn to the Swords decision it is at least lawful on the Conquerors part But really what ever appeared in it all these were but the stratagems of the defeated party of the King to foment if possible new quarrels among the Parliament party to give some new hopes to their dying yea dead-hearted cause who meeting with discontented hot and eager spirits were easily seduced yea so as to declare for the necessity of introducing the Son when themselves agreed to dethrone nay execute the Father and so far may men be seduced by false interests but some did highlier engage declaring the Parliament no Parliament and charging of some men eminently instrumental to their own design as absolute Traytors yea higher then the King deceased How things came to this height is not worthy the controverting here but this I must say the Author was a man of a high spirit and good natural parts a great sufferer for the common Cause and promoter of it but in stead of reward expected sleighted in what was acknowledged to him as duly merited and upon mistakes as he avowed imprisoned by his own party thus highly exasperated he engages a strong party with him who urging highly the failings of others by opening errors lay the seeds of new divisions as is objected against them and he is upon this miscalled or called the Prince or Ring-leader of the so called Levellers wherein I shall to clear all interests on foote speak a few words concerning Levelling and that both properly and improperly that is both as it holds forth a just Rule and is scandalized and an unjust end and therefore to be rejected and the contest is but the same of Satans old way of malignity There are just things held out under the name of Levelling which he would hide and his instuments therefore I beseech all holding forth a profession of Christianity to walk worthy of their high Calling to which they are called in the Lord Jesus not to expound take or receive things matters or persons into obloquie or honor for mens sake or because of Interest sake but according to the rule of our holy profession Levelling then may be considered first improperly and so injustly that is for a forcible taking away the property of rich men or men that have any property be it more or less Now this is divers as first under colour of a Title I take away the estate whether reall or personal of my neighbour and will by no means come to either restore or arbitrate the business but knowing the Law as now used will afford a debate lasting and a trick may overthrow as aforesaid my neighbours just right and if he be but poor or patient he will be quickly disheartened and I shall gain my end and injoy as justly even by colour of Law what was with detestable injury forced from another this was the great beam in some mens eyes and called legal Levelling the most unjust of all if truth it be so which is much feared being in all mens mouthes The next unjust Levelling was a Tenet that the poor had an interest in the Commonwealth as well as the rich and that every man ought to have his portion and that the great rich men having hoarded up the Treasure and joyning house to house and field to field they had so much care for the private that the publike was neglected yea that the immoderate heaping of estate was unlawful and that there ought to be a proportion above which no man might rise and to remedy these evils they would have all estates cast into a common stock and the land at least divided equally and surely they had a great president in a famous Commonwealth which twice in a short space for such a Revolution or I am deceived did such an Act but the Common-wealth was Heathen and I know no Rule for us to walk by their example unless the Word of God allow it The next unjust Levelling is by forcing not an equality of division but a perpetual community as supposing all evils to grow principally from the infatiable thirst after riches therefore these propound Not now to apportion estates and after to settle propriety and admit buying selling and transmutations of possession and so an alteration of the first settlement by degrees but to vest the whole interest in the body of the people and to settle allowances first for exceeding vertue as Magistrates and all for eminent excellencies imployed in publike trust according to their set and unalterably appointed degrees and next for the multitude according to a like set and unalterable proportion except by the publike Magistrate appointed respect being duly had unto the number and condition of Age or Youth and other qualifications according to the plot laid down in that exquisite piece of Sir Tho. Moore intending as I conceive the perfect Idea of a Commonwealth according to the rule of Nature perfected by Evangelical Doctrine and sure it is were such a State from a voluntary and unfeigned desire of well and righteous living voluntarily established it were an earthly Paradise and that it is not impossible the pattern of the Lacedemonian State overcomming the most difficult parts of it plainly declares But its thought fit not the powers onely but the body are to be convinced of such things moderately and wisely not by indiscreet agitations much less perturbations of a State they are to be left to their judgements God will effect assuredly such things as he hath determined in his appointed season Another Levelling here called unjust that is from error continued or by force attempted as was objected some so pretending being instrumental in renewing wars and to cause out breakin gs is in them who were thought happily to settle or attempt the settlement of their own private frame of Commonwealth by such means but truly though some assist and others more wise declare themselves not
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
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
is such that it is one of the most destructive for there is no conscience of an oath with the most and though it be visible there is no due punishment Gentlemen you that are at the Stern whom God hath lifted up in the height of his power and placed in seats of Eminency do not trifle away your precious time let speedy care be taken to settle this poor distracted Nation look not to your own works and let the Lords lie still there appeared in you a strong dependance upon God give not wicked men cause to blaspheme Rowze up your selves and consider God hath a controversie with the Nation and will not be appeased with all Offerings except Justice and Righteousness be done Let the Complaints of the poor afflicted distressed come to your ears who have great wrongs injuries and oppressions and none to relieve them Yea let the cryes of quiet peaceable men come to your ears who are oppressed only because not willing to return evil for evil rayling for rayling stroak for stroak action for action To sue is to perplex their minds ruine their estates if they have it and bring them at least to a wanting condition who lived well not to sue to be sued and forced to compound at the legal Theeves Will. If poor the Law is chargeable equity unreasonable and get a Lord Chief Justice Warrant so called Order of Reference it is derided not obeyed after much expectation loss of time and some expence by the poor Sutor You are on earth in Gods place and must to him give an account let not your eyes sleep till these works of Righteousness be setled There is great complaint of Inns Alehouses Taverns c. encreasing under your Regiment for the Lords sake look speedily about you let not your Officers as the Kings set your honor to sale for the increase of their Fees you are yet in a slippery place the promises and engagements upon you are great and the expectations of the people high and those most considerable of your own party are the highest their spirits breath after just Liberty they see how you toss and tumble all the Rubbish of the Government of the world to find fit stones for your building Truly they dare say among all the Christian Princes practised Rules Edicts Orders Statutes Laws c. you cannot find materials enough to lay one step to the Throne of pure Justice in the supremacy of power and they therefore much fear lest you should stumble at the same stone of offence with them and place the excellency of your eminency in power to do rather then doing Justice and when you get a little strength to stand on your selves to think and by power make good you are as they accountable to none but God there is no clearness in the walkings and actings of men because yours are not so But most will hope as they pray for better things and although they knowing the great burthens which are upon your shoulders cannot desire so much as some do neither will they nor dare they as others think much less say most likely to render your actions odious that you seek nothing but your selves and because you do not all that is desired therefore cry out you sit to do nothing No all may see you have done great things but it is desired that some things of conceived necessity for your establishment be speedily ordered until with the whole they may be in due time established or setled As first for the breeding up of all youth that all Schools be supplyed with able honest and religious School-masters all according to one form and rule setled by the Supream Magistrate And so the Universities where the youth are yet rather poysoned then profited and though the humerous conceit of Caps and Capping and such like be justly waved that such a decency be ordered in the habits of youths as may not adapt the mind to licentiousness many wise men placing much in things of that nature and to that end that all youths habits of both sexes at least may be ordered throughout the whole Nation but especially apprentices and servants of all sorts So as at least to distinguish not shame that of shame only affronting not reclaiming and for all servants to be admitted their services by Testimonial under a penalty to the Master or Dame their wages to be set by the Magistrate or some appointed universality and absolute conformity in these even to unity may be pressed without just scruple of conscience For to speak once for all to make acts of common reason intendment and benefit for particular places by them in supremacy of power because by them asked and not by others is exceeding selfish which who ever hath purchased out a particular act can easily resent Therefore it is justly desired such things to be generally the same For prohibiting of new Inns Taverns c. and ousting those erected within seven or ten years unless allowed by your Commissioners and upon due and set cause to disable the remainder and allow others or fine to some purpose as receiving any to tipple on the Lords Day or dayes of publike either prayer or humiliation And that all things may hold a proportion that all Offices Honorary fiduciary or profitable be so distributed that the work intended may be done or the neglecters punished and that such as are faithful may know certainly to whom to make their addresses for many errors are seen and felt and the State is sensible of them in part as by the careful Orders issued out from the Right Honorable the Councel of State appears But how to execute them and not be caught in the witty springes of our present Cabalistical Law no Justice of Peace can determine and generally the more knowing and able the more wary at least in opening of the fruitless or rather destructively fruitful niceties past whereby the many are cooled to action For if they apprehend men dangerous That live high and yet can give no account how they come by it what should they do To imprison for no cause visible is hard to some not to do it destructive with others to prison in the Gaole chargeable and the place having no labor to busie body or mind fatall in Bridewell shameful and generally work they will not and all this from the want of due Law Next our Lawyers are eminently favourers of nicety of Law and open it to the ruine of publick safety for from an opinion that Lead is parcel of the free-hold of the Church to rob all Churches so called is so frequent that it is feared they will soon come to pull down houses No saith the Learned sue him and he hath nought to recompence the same so there must be visible actuall force with Guns c. to evidence a forcible detainer or the indictment lies not whereby possessions are kept oft times ten years together many seven sue they dare not the Law is so nice dubious and
Lawgivers 6 Why they pretended to receive their Laws from their gods and that both in respect of Magistrate and people p. 106 7 That Christians ought to live under Laws and the reason 8 Authors waved and the reason why Reason is onely allowed 9 The inference that the Magistrate in Legislative power ought to make Laws by a Head Rule and the Judicial propounded and the reasons for it examined by several Instances specially in life liberty and goods and this proved by the New Testament 10 That the Judicials did not properly mislead us but the Ceremonials Chap. 10. p. 112. Wherein is shewed 1 That the Magistrate keeping his Head Rule his power extends all vice 2 In that liberty his boundary generall manifested by an example Chap. 11. p. 112 113 114 Wherein is cleared 1 What the general acceptation of Prerogative is 112 2 What it intends as looking at the Supream Magistrate and that either in absolute Powers or limited 3 The vertual power of Supremacy is ubiquitary 113 4 How its intended in Law that the King can do no wrong 5 The error causing our Divisions heightning giving to the person what was proper to the Power 6 Several benefits given to the Supream Magistrate by Laws and called Prerogative 7 The reason why lapse of time did not prejudice the King 114 8 The reason why the King was admitted to be deceived in his Grant 9 The insufferable abuse of these 10 And of the Kings dispensing with a non obstante in a Statute and not so bound unless named 11 A further grant of profits to the King 12 Some Honorary Grants yet used to profit 13 How the King takes or parts with ought legally as King 14 Some unfitting profits evidenced 15 Deodands a meer allusive Judicial 16 Of the special Judges to try his Rights 17 Three abuses of Prerogative in not having judgement final against him acting all particularly for which no Law was granting Charters and priviledges 115 18 The special badges of Supremacy what and incommunicable 19 That these were never in the King of Englands hand Chap. 12. pag. 116 117. Wherein is shewed 1 That the Supream Magistrate is Judge of Publike good p. 116 2 That this must yet in the issue be evident to others 3 The abuses and benefits of Monarchies and Republicks further debated 4 How Englands Laws admitted her King Judge of publike good 5 Some complaints against meer Prerogative Officers remembred 117 Chap. 13 p. 117. Wherein is treated 1 That the Supream Magistrate may grant inferior so called Prerogatives 2 How he may grant them and the benefit and necessity thereof Chap. 14. p. 117 118. Wherein is declared 1 That there alwayes have been diverse Opinions of the Magistrates and Churches Power with the Reasons of it 117 2 That the Magistrates Power is chiefly preservation of the Peace 3 That much of the Duty of the first Table lies upon the Magistrate and how but not solely nor principally and the reason 4 A touch of Christs Blessing left to his Church the Apostles and their Successors in Doctrine Chap. 15. p. 118 119 120 121. Wherein is treated 1 Of the end of Magistracie 118 2 That evil men may be good Magistrates therefore obedience is still due to them 3 The necessity of this or good Magistrates will be ousted by evil men p. 119 4 That the Pope through the abuse of this difficulty became the sole umpire of all controversies 119 120 5 Limited Magistrates or that rule by Law must not go beyond their rule and the reasons of it 6 Absolute Monarchs questionable onely by the whole community 7 How dangerous an evil this is and therefore waved 8 Christian Princes from the Kings of Judah especially have all pleaded to be absolute 120 9 In limited Monarchies the Assemblies Dyets c. may judge the Monarch 10 The way to distinguish absolute and limited Monarchy 11 The necessity of well tempering popular States 12 There are evils in having as in not having barrs to Supremacy 13 The punishments used formerly to them called Kings or Monarchs 121 14 The benefit of such punishments Cap. 16. p. 121 122. shewing 1 The original end of Parliamentary meetings 121 2 The priviledges given to the persons met and the reasons thereof 3 Protections to other then meer menial servants in ordinary unlawfull 4 Their Speaker not to be disallowed but upon good cause 5 They have a liberty to treat of all matters freely c. 122 6 They are the Guardians of the peoples Lives Liberties and Estates c. 7 The necessity of them to keep Kingdoms from devolving into Tyrannies 8 These to be limited to time lest they grow Tyrants or as bad 9 That their errors if any committed by them might be amended 10 They are to be paid by an equal rate upon all that chuse and ought to do if they had not dispriviledged themselves Chap. 17. p. 123 124 125 126 127. Wherein is shewed 1 The necessity of Magistracy 123 2 The principal ends manifesting wherein the Priviledge of the Subject generally consists Examples given thereof first negatively then affirmatively 3 Affirmatively to be governed by righteous Laws righteously 124 4 That these Laws extend to persons in all places at all times c. and that in respects requisite to common or more publike peace or safety 5 That its requisite the Supream Magistrate set the example to others 6 The Supream Magistrates neglect a ground to hinder Reformation 7 Ill Customs or Laws to be altered 125 8 Matters of publike grievance especially if arising from particular interest not to be continued 9 Placs of publicke Judgements to be fitly setled and not altered but in case of necessity 10 Priviledge wherein respecting the Subjects generally wherein it consists illustrated in many particulars heretofore questioned 11 Priviledge not to be pleaded to them convict of crime 126 12 A general Law can be no dispriviledge 13 Exempting particular persons for particular and special reasons can be no priviledge or dispriviledge 14 To be Master of Arms or admitted into Military trust a special priviledge 127 Chap. 18. p. 127 128 129 130. in which 1 Nature gives like priviledges to all men 127 2 We lose them either by compact of force 3 Iust that force should be submitted to And that to equals obtaining Supremacy by power 128 4 In rational subjection or subjection by compromise or agreement there is to be no difference betwixt the Prince and Subject concerning good better or best for of that the Prince is absolutely judge and so on the contrary but in manifest evil or good 5 The absolute Powers Christian are under a Law 6 Powers must look to be just 7 Self-safety considered in a queried particular 8 Opposition makes Conquerors hard-handed in the first settlement 9 Providence considered and where it s to be allowed where not 129 10 Nations not to make others their Pattern without a just rule 11 Nations subject Nations as men do men and
settle the power Now I come to the Rules of bounding the inferior Magistrate wherein I conceive it is principally requisite to add to the general Rules of Law or head Laws particular Officers by which onely it is lawful to act in time of peace or not imminent danger That to this Officer being sworn or tyed under a set penalty of faithfulness in his Office the Magistrate send his Warrant expressing the cause of the Warrant as now to Constables and that this Warrant discharges the Officer and then the complaint is and ought to be against the Magistrate For no reason one should be punished for executing his Office by command of his Superior Nor is it fit the Magistrate should be too suddenly lyable to Question therefore it is requisite to have some appointed near hand to whom the Magistrate in Ordinary and also the Subject may have recourse who knowing the Law may speedily determine for otherwise the Judge or Magistrate is discouraged on the one side to act and the Subject on the other side fears his liberty to be infringed both which must be provided against speedily and certainly For it is assuredly meet That every one not acting Legislatively but judicially upon Laws set should be under the jurisdiction and Cognizance of some one or more person or persons and to make returns to them of at least all matters doubtful And again That they that act Legislatively should not act judicially nor be the same persons unless in case of visible necessity least otherwise Justice fail As for example if the Judges of the Common Bench Common Pleas and Chequer were Judges in Parliament could we think the Parliament fit to determine their Errors le ts have the best Laws that could be Laws would be but dead letters still in themselves 9. Whether the Laws ought to be according to the Judicial or what and whether a head rule or not I Come now to that great and old difference or difficulty what is the boundary to humane Power or Authority or Dominion call it what you will it is the executive vertue in the Magistrate Supream in dictating or giving forth of Laws Now I in this shall wave treating of Law in its variety of objects and shortly give you this description of it It is the Rule of well ordering Societies of men or many Families of men living together and aims especially at preserving the poor and weak against the rich and mighty c. Now it is truth that many Nations have divers Laws yea great variety and all just and some Nations have a few Laws and many unjust naturally each one seeks particular good But as this grew obnoxious to particular persons or families they joyned together and that under agreements wherein there being still particular respects according to the advantages and disadvantages of the Covenanters so were the Laws more or less unjust but ofttimes that which was seen unjust after was not discovered such at the time of enacting Hence some have to take away all wrangles fallen upon a Community some from Community to Property still looking to avoid the present evil yea from hence indeed spring all the Commotions and hurries of the world which so Rent and shake people and Nations So that there was nothing so highly honored as the enacting good Laws I take it to be the Original at least one of the chief Originals of the Heroes or Daemones men Deified so God himself stiles Magistrates because of their Representation of him among men and all these Law-givers pretended at least to receive them from the gods or the friends of the gods For even to natural men it seemed just that what wise men had instit uted wise men might alter Now if these Laws were onely some Prerogatives of the Princes or Priviledges of great men which men had sought to usher into the world with such pomp there might have been a ground for obstruction but these which were the Laws of well living the Laws tending to publick quiet repose riches honor custom of living being equal to if not above nature were of necessity thus brought in onely by fear of the supposed Gods yea also the future Magistrate was by this superstition call it so onely kept in aw not to break forth into exorbitant affections or decline action either not to make the Law like the knife of Delphos for all purposes or else for no purpose So are men byassed by private respects on the one hand and loving supremacy of power on the other that unless there be some over-awing decree some setled boundary beyond which we must not pass there is no safety Now if it be said this is indeed true in the cause of natural men but not so to Christians Grace perfects nature I agree it is truth in some sence but not in every part for it is rather true in the future then any other Tense for it works here in the flesh not so intensively but more remisly yea sometimes the effectual work of grace seems dead that this is true the agreed failings of the Saints evidence Yea those in whom the work of Grace was begun sure enough as witness Davids Pride Murther Adultery c. Samuels sufferance of his sons Hezekiah and all others before Christ Peter the sons of Zebedee Paul Barnabas and others under the Gospel So that it is plain we must remember it to be truth in some sort which was objected against Aristotles councelling Alexander as was pretended to use the Greeks as friends and carry himself as their Guide and Conductor but to use the Barbarians meaning thereby all other Nations as enemies and carry himself towards them as Lord and Master The reason of their objection was very acute for say they there are many Greeks wicked and many vertuous Barbarians So that if any Quaere whether Laws should be diverse in respect of divers sorts of men it is shortly answered Laws are to restrain and punish onely evil whether men or actions This being cleared the next thing is to come to the more close and plain resolving of the question wherein I cannot urge antiquity for I wave all Authors more then as illustrative taking none as Authoritative the superintendency of the Expurgatorian Classis abroad in forreign Authors and our Licentia or Placet at home making them speak what they list or as they list who are masters of the Press for if so done to some why not to all or who can tel to which and indeed there is no necessity of either ancient or modern testimony the Almighty wisdom having the same fountain of endowments graces and abilities as in any age and the same as plentifully poured out now upon us however it is improved This premised I then Quaere what law is existent among any or all the Nations of the world like that which is called Moses Judicial holding forth such fit and apt punishments as are there laid down carrying with it such a visible reason for it self
is that of Magisterial Interest whereby he would wave a limitation or rule in ordinary and make himself absolute in every condition For Supremacy generally aims at absolute Power in all estates Royal or Republical or mixt though they maintain their interest diversly according to evident principles upon which their foundation stands this therefore is a Politick rule but how warranted by Supremacy of Reason upon the pure principle of common or universal good or what Rule in the Word must be examined in the written Word there is owned nothing as clear for sure then the controversie with some one good Magistrate or Commomwealth or other would be determined and the interest of Righteousness would cloud the interests of riches honor power c. This therefore failing let us see the Reason the first part whereof is in necessity of altering Laws according to emergencies to which it is answered That Laws in inflicting just penalties may be higher or lower according to emergency and the rigorous or exact execution may be justly inforced but the incompatibility or disproportion of the Law of Death for Theft is in that all the goods of a Prince are not of equal worth as goods be they Horses Kine Gold Silver c. to the head of a Slave consider him as man nay the Lord touches not mans liberty for goods meerly if he had wherewith to restore therefore this Reason will not avail But if we consider the Quaere a little further there will appear less reason yet and that is that even Christians themselves doubt not but that would the Magistrate wave his advantages both to himself Clerks Officers c. by the death of Felons and strictly see to the Execution but of restoring two or three fold Theft would not be the one hundred part so frequent as now it is for though generally it be truth that preservation of life is the prime principle of Nature and he will part with all to save that Yet the spirits of some men are such being not polished by divine precept that they scorn to live but as they have been educated some will dye rather then labour and so Thieve or commit any villany Now it is by some thought these may be put to death but these do not put these men to death for Theft but not having to restore they imprison them to satisfie by labor their wrongs and if they break prison they dye for it so that death is now inflicted upon them not only by the equity of the Law Judicial but universal reason cutting off this disobedient son rooting out this Moth of the Commonwealth and there is sure much of Justice in this for now with Christians to prosecute a Felon as any other criminous person will cost a man in expence of time and Fees and other charges as much as would have kept his Family a moneth which added to his loss who would prosecute yet compound the Law forbids but I intend haste The next reason is the Judicials are so mixed with Ceremonials To which it is answered that many are clear use them the other search out how the mixture stands for if there be a plain Law of distributive Justice a necessary rule for the benefit of Societies take that and if there be no corrupt interest in it sure it will be accepted by wise men though meer Politicians may baulk it as well as enact it as King Hen. the 8. did in case of Marriages I am now come to the great head of all namely that the Judicials were a Law of revenge which now is proper to God Christians must not fight war revenge c. I could with some say I admire the wonderfull goodness mercy long-sufferance patience c. of God who willing to shew the Riches of his mercy forbears the vessels of wrath fitted for destruction Art thou a Christian that objectest against the Judicials to elate another Magisterial power then that of the Regiment of the Lord Christ for though they were given by Moses they were the Dictates of the prime verity And where O man hast thou such a pattern But thou wilt say We are Christians and we have no need of Laws I answer with Paul If thou beest the Law to thy self the Law punishes thee not Rulers are set up for the punishment of evil doers So said the Lord to Cain in the first two thousand years And so saith the Spirit to the world in the last two thousand But say you we acknowledge a Law to men but not Christians Brethren be not deceived remember what Peter saith The unlearned and unstable wrest the Scriptures to their own destruction the place I pitch upon to clear up the Righteousness of the Law even to Christians is that of the 1 Tim. 1. from the 8. to 14. There are multitudes of places hinting the same I at present know none more pregnant for thence it is plain that there were then many controversies stirred by the Christian Iews or so pretending concerning the observance of the whole Mosaical Law whether Ceremonial or Judicial Paul had beaten down as much as in him lay the Ceremonial shewing it was but the shadow the body was Christ Now concerning the Judicials particularly there is no question but from the following verses and from other places it is plain what was intended for in the 9. verse he sheweth wherefore the Law was made First Negatively not for the Righteous the foundation of great errors while misapplied Next Affirmatively for the lawless and disobedient ungodly and sinners unholy and prophane these are general Now he comes to particulars Murderers Manslayers Whoremongers Buggerers Men-stealers Lyers Perjured persons and against all other things contrary to sound Doctrine c. There is an objection against this viz. these things are Morall To which I answer that if you take Morall for the Law of the ten Commandements they are not literally there if you intend Moral for what ever is contained virtually under these heads the two generals whereof comprehend the whole duty of man to God and to his brother all mankind then the whole Judicial at least must be therein comprized If you intend by Moral what the light of perfect reason holds forth concerning just and good no man dare say the Judicials wanted the height of perfect Reason If you look at it as rectified by Evangelical Doctrine then it is answered that the primitive error is the cause of our now wandering First generally seeing the errors which have flowed by the Church to the Commonwealth we confusedly judge this to rise from the principle of the Judicials and lay all the pride covetize and various interests of Princes Courts Judges Fees and unjust and unnecessary dependancies Nurses of Heathenish and detestable wickedness villany and ensnaring dependencies to life and liberty of common Societies as well as particular men upon the Judicial Next it is beleeved that Christians take the Judicials proper to them as to the prototype of the Jew which
power absolute and can punish have no rule but prudence in enlarging or restraining them they generally used banishment but this in successive or hereditary alterations upon the same ground of prudence cannot be safe therefore some have immured them and starved them some imprisoned them some cloystered them some privately murthered them but all these were acts of pure power and force and left but an implicite construction of Justice on their actions Our new and unparallelled Transaction doth I know to many seem Heroick and if established by Law upon this president would be an admirable adventure to hold an aw upon the spirits of great men and to that end they desire the explanation of the supream power or Magistrates Trusts and in what cases it shall be lawful to arraign them with the same legal provisions as King Charls tyed his own hands in the Act for a Triennial Parliament but I leave treating of this lest I grate to no purpose I come now to see 16. What are the Priviledges of Parliaments and in them of the Bars to the Supream Power FIrst we must consider that these meetings are according to the Rule of pure Native Law by the advice of many and those duly elected out of the people to avoid confusion to take care for the settlement of all those errors which intervening time produced since such an Assembly last Congregated and that both as to the Actions of the King in his Officers where the King was held unquestionable and therefore which was unjust in some part his servants were punished of the higher Magistrates and inferior Subjects either in a legal way according to the ordinary constitution of the Nation or extraordinary in case of emergencies for which no Law was provided The examples are manifest in both Now the priviledges of these men were and ought so to be whereever such bars are first that the due right of the subject might be preserved that those who were to be of the Parliament were duly chosen that is neither by fear nor favor which was from either open force or private warnings or requests to the friends or dependants of great mâ—… which were commands which how broken and still are even by Reformers themselves to their shame not of Reformation is evident The next priviledge is that being chosen they being now of special use and imployment for the publick themselves horses goods and menial servants were priviledged from Arrests distresses c. and only they for the law of entertaining by giving protections was a dispriviledge of the common Subjects for whose sake only they were priviledged and no more that other being but a meer Royal corruption by degrees to make them all seekers of interests upon that base Maxime that trusts were to their own benefit The next was to have free liberty to chuse their Speaker who was not to be disallowed but upon good Cause and that Cause they were Judges of for all see else the vanity of the formality if the approbation be upon meer will for then there is the power of Election and this Speaker they may also upon good Cause put out by the Votes of the greater number The next priviledge is That they have a free liberty to treate of all matters the assembling by Kings Writ the being called his great Councel are honors of Time and formal and cannot abridge their necessary liberty of free Treaty c. But their power appears in that they had the Guardianship of the peoples Lives Liberties and Estates and though in the variety of changes they did as all mortal Powers do sometimes submit sometimes inforce as the condition of Times were we must use a true foot and ascribe no more to them then is needful not plead presidents but Supream reason by which they therefore might and ought during the forty dayes Session a convenient time which by convention seems the time set during which the King could not dissolve them to receive Petitions from all places by turning themselves into Committees and hear how matters went with the Nation upon such Representations from the particular Counties Cities and Town therein addressed to the particular Members chosen by them for the aid of the whole Nation and upon these to call some say the Kings all agree all the Kings Officers of all sorts to their Accounts as Treasurers and that both for Land and Sea yea Officers of Peace as all Iudges c. and of War as General or Lord Marshal or by what other name or names on Land or Admiral or c. at Sea Captains of Forts and all others who managed the Revenues so called of the Crown that is for the publike benefit and this power is coincedent to every Bar to Supremacy And truely where this is not it is easie to believe the Supream Majesty may soon pretend all is intrusted to his own Will and for his particular benefit then they may adjudge and sentence but not in Committees but in the whole house otherwise there is no legal proceeding and really and purely this did and was to rest principally in the Representatives of the people who are the Commons the separation of the Houses as with us and the single power of the Lords to Iudge the Commons to accuse yet one Court is much differing from excellent Reason if not contrary to it that so right might be done to the whole Commonwealth against the out-breakings of the King and also to every particular person by restitution against the wrong doer yea though by the Kings Command or Commission if not agreeable to the Law Now the limited times of Parliament were necessary lest otherwayes they should abuse their Power or usurp Supremacy absolute and also become desperate debtors because of priviledge And lastly that while being men and capable of erring their false judgements if any were may be rectified by a new for it was and must be the priviledge of these highest Courts not to have ought done there by any of the Members questioned in any other Court onely Treason Felony and the Peace which being flagitious the excellency of Reason admitted no priviledge to for how could such enormous Transgressors of the Law be righteous Law-Makers The last priviledge is to have pay for their pains by a it should be equal rate upon all the Freeholders in the County that is they who legally had or might have had a Vote in the Choice and this allowance was to be set by Parliament and who could they better trust with a little of their estate then they whom they had formerly instrusted with the whole and this was not due till the end of Parliament So jealous is Reason of all Supremacy in the corrupted state of mankinde And surely none that is not actually in this height but will agree to this just Reason and he that is in if he intends onely a due use of it cannot deny it this is just betwixt these powers and them for whom they are intrusted for
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
be composed if this will not do let a Magistrate allow a legal controversie Then let his Case be set down specially as it is after the nature of an Action upon the Case and let Oath be of the truth of it and that he is able to make it good by Law let the Case barely be stated no Conceits no Opinions but the naked truth which the Complainant is to make good Let this alwayes be within twelve moneths after cause of Action Then let a Summons go to the Defendant by a sworn Officer from the Court or the party or some other making Oath of the Summons if he appears not let a Note be fixed to his door under a severe penalty to any one to take off requiring appearance or to shew Cause if neither be done let the Trial immediatly be awarded if he appear let the day of hearing be ordered and entered in the Court-book and that truly by the Clerk under a severe Fine immediatly to be deducted by abatement in his Salary after which time let a Jury of twelve or six men for it is not the number that doth the work I think six best but that contest is not worth the while the alteration of an old received way is the greatest objection be warned not under the penalty of twenty or one hundred pounds and nothing ever paid but of ten or five shillings to be assuredly levied to the States use immediatly of Course unless sick in bed or otherwise imployed in the Service of the Commonwealth in the County above twenty miles or hindred by Providence which Causes sworn and allowed may excuse or essoyn him for not summoned the Officer is sworn and must admit no present contest Now the men must be knowing understanding men and of estate to answer dammages if that be continued if they give a false Verdict which is just being they are properly Judges of the dammage now if they and the Judge differ upon the Law let them do it at their peril for the Case let it be stated the Judges and their hands with the Counsel present set to it and let the yearly Judges decide it and if the Judge be faulty let him otherwise the Jury be fined to the State and if they give a false Verdict that is go not truly according to what is truly alledged and proved unless they or some of them of their own knowledge know the thing of which they are bound to give the Court publike Cognizance for Juries as other Judges are under a Rule of Reason and Common Justice then Jurors must be of the next inhabitants to the place where the fact was Committed of the vicinage neer dwellers so that they know the parties their lives and conversations and thereby judge But there ought to be no relations of Consanguinity or Affinity within three degrees for although spiritual or publick relations ought to be preferred above natural yet this is now little known less regarded Lastly he must not be who is a Jury-man a common Swearer Drinker Company-keeper nor ejected any congregation as an evil person an offender against the peace and quiet of the Nation or one that hath declared his opinion before sworn It is agreed it is best object against the Juror before sworn but what the court is mistaken in ought not to be proceeded in therefore till they be as we say gone from the bar just objections may be offered but the Judge must not allow objections as to favor or surmises after sworn if it be let it be proved for let no Juror after sworn be dismissed but the reason recorded and this proof is easie and then let him be fined When Judgement ought to be and Execution And when void IUdgement ought immediately to follow Execution unless some just cause and that only in Law be offered and for execution notwithstanding the cause which may be for delay alledged let the goods be secured or the money deposited or no cause allowed And if the party be present let him enter caution immediately to perform the judgement or otherwise to imprison his person is not dispriviledge if he be able till he performs it let the caution be setting his hand to the judgement which ought to amount in Law to above all Statutes or Customary Judgements alwayes provided if the execution be not within twelve moneths upon any Judgement whatever the Judgement to be void for the long hanging of judgements and other securities is also legall injustice I say no more Offendors in impannelling Juries Imbracers and the like FOr offendors in putting in knowingly unfit Jurors in any kind let them be fined and the Fines high and deducted out of their salary if any in hand otherwise by distress besides loss of that place and disabled of any other for at least some years for it must be perjury for he is a sworn Officer For drawers of Iurors or informers of them aforehand to draw them to one party let all be upon presentment and tryed and fined What Distresses are lawful THe Law is just that no man be destrained in that whereby he principally earns his living if ought else be But to distrain one man for a Fine due from a Hundred Town c. this is hard without speedy remedy is unjust let this be generally committed to a Court and right done as the fact appears that is let an equal rate be and the Constable and Overseers gather it and pay it immediately with respect to his dammage adjudged and set and if they will not let the Court enforce the rate and all charges upon it and so in all other Cases What to be done in cases of waste c. IN case of waste let the forfeiture be certain for Tenants for year by Lease let it be their Term except an incom be and for that let a Jury mitigate For Guardians of Infants Tenants for life and the like let it be treble dammages those to be assessed by a Jury What to do in Commons THis is a matter of large extent and is one of the great sores of England which wants healing Our Commons are either appendant appurtenant or by reason of vicinage and were originally the relief of the beasts of the Plow and for the breed of young Cattel for the Freeholders and do primarily belong to them and as their Farm was so might they put upon the Common greater or lesser quantity of Cattel according to proportion But long since the rule of Commoning was lost and Commons are become the ruine of the generalty of the poor to whom Commonage belongs not For first they get a Cow in Summer and live idlely of that and not providing against winter they buy dear in the Spring and sell cheap at winter and the rich so long as the purse payes not few regard how things go by this at last miserable and remediless beggery ensues besides the general neglect of Commons as of all matteâ—… of publick interest whereby many poor are undone
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
your best judgements and lay out your most unwearied labours notwithstanding all discouragements either from malice envy danger or any other cause whatsoever to promote the same so far and so fast as the subject matter will bear and assuredly the blessings of Heaven will attend and follow you and your Councels otherwise be assured when God hath made use of you for a while the Lord will cast you away as others before you and your place shall no more be found for the averting of which judgement and setling this Nation and the Government of quiet and peace upon the foundation of Truth and Righteousness is the prayer of Him that zealously and faithfully endeavours and prays for the peace and happiness of the Commonwealth CHARLS GEORGE COCK The Table THe Creation of man and the end of it pag. 1 The fall ibid. The restauration ibid. How God Communicated himself to man before the fall ibid. How after the fall ibid. Gods Law given to man ibid. How that wrought ibid. Whither this extended to all men ibid. The extent of that Law p. 2 Gods Law against murder ibid. Adams and so the Patriarchs power ibid. The Law of Nature purely tends to parity ibid. The dispersion after the flood ibid. The original of it ibid. Who was then the Prince or chief ib. and p. 3 How Lands were then divided ibid. How wars began and servitude p 3. Gods choise of one peculiar Nation ibid. How the rejection of others wrought ibid. How Abraham a mighty Prince ibid. The Patriarchs sin and infidelity ibid. Gods peculiar people Bondslaves ibid. Moses what and his Judgements ibid. and p. 4 Not exemplary to our present Magistracy ibid. The first law of Moses p. 4 God rejects not Jethroes counsel c. ibid. Gods Law of the second Tables and their division ibid. and p. 8 The supplement for instruction of the people ibid. and p. 8 His successors and how chosen ibid. and p. 5 To Samuel and so to Saul ibid. Whither he and so Kings be of divine appointment ibid. God chooses David and Salomon and rejects their successors ibid. Gods special spirit ceases in hereditary Kings p. 6 The influence of good and bad Princes upon the people ibid. For sin the Prince is rooted out ibid. The Principality sold ibid. Christ expected by the Jew ibid. and how ibid. What the Patriarchs were and how the promise of outward blessings was made good to them ibid. and p. 7 The Nature of the first Covenant so called p. 7. and 8 The end of Gods Law given to man p. 8 The severity of that Law ibid. In obedience to this they placed Salvation p. 8. and 9 Whither these were the best Laws for all men p. 9 All Prophesies and Prophets related to these Laws ibid. In what condition Judea stood at Christs coming in their diversity of Doctrines and Opinions the Temple defiled yet never more outward profession and holiness p. 9. 10 Christ birth and the Manner p. 10 His obedience to the whole Law ibid. and p. 11 John a Preacher of new Doctrine yet regarded and followed by the Rulers ibid. Christs Acts and Doctrine ibid. Pharisees and Sadduces the greatest pretenders to Religion in Christs time Hypocrites p. 11 Christs Doctrine that there 's no Salvation by the workes of the Law ibid. The purity and strictness of his Doctrine ib. The liberty Christ gave on the Sabboth to and in what it lay ibid. The Jews scandal him and his Miracles ib. The inference if Judas received the last supper p. 12 How the high-Priest prophesied at Christs death ibid. The Doctrine of the Apostles the same with Christs ibid. The Apostles had the Spirit but not all alike ibid. The call of the Gentiles ibid. How manifested ibid. The Apostles not infallible in all things ibid. Whither the Gentiles ought to observe the Law of Moses ibid. Wherein the Quere rests ibid. First Quere concerning Circumcision the debate of the matter and by whom ibid. and p. 13 The sentence p. 13 The stile and phrase of it ibid. To whom directed ibid. By whom received ibid. Division and strife among the Apostles ibid. Paul circumcises Timothy after the sentence at Hierusalem ibid. Why controversies arose and God permitted them righteousness opposed Sathans wiles ibid. The spreading of the Gospel p. 14 The Apostles urge the letter of the Law called old against sin ibid. Not two Covenants viz. of works and faith But one diversly demonstrated ibid. What part of the Jews Law so called vanished with Christ what remains ibid. Sects in the Apostles times and how arising ibid. What is a Sect what a Schisme ibid. What remedy the Apostles used ibid. His Doctrine thereupon p. 15 The continuance and eternal duration of the Gospel of Christ ibid. That the professors were subject to afflictions ibid. That they ought not to be discouraged thereby ibid. Persecution of the Gospellers or Christians ibid. Hierusalem the Carcase the Romanes the Eagles to devoure it ibid. All evils charged by Heathens upon the Christians ibid. The ground arising from misinterpretation of the Christians Principles ibid. Heathens and that of the wisest witnesses to the Christians Doctrine and that in tortures p. 16 The purity of Christianity under persecution ib. Their defection in tranquillity ibid. The painfulness and contentedness of pastors ibid. Who Pastors and their duty c. ibid. Julians policy to eradicate Christianity ib. The effects ibid. Worst Emperors Christs greatest Enemies ibid. How the Gospel grew when Scriptures were burned c. ibid. The purity of Roman Pastors so called Bishops in the Primitive times ibid. Pagans eyed prosperity as the sign of Gods love ibid. God exalts Christianity to the Throne ibid. The purity of the Prince and how it wrought ibid. God now afflicts his Church with error p. 18 The spreading of it ibid. God punishes with the sword of Barbarians p. 19 Error encreases ibid. Piety of some professors converts Barbarians ibid. Pope of Rome affects the title of Oecumenical and queries the power of Emperors over them ibid. The Quere arising among Christians ibid. Britain receives the faith ibid. Bishops of Rome erect Judicatories p. 20 Gain large temporalties c. ibid. Admitted infallible ibid. Arbitrates the controversies of Princes and claimes it and upon what ground ibid. The title of the Pope and Bishop to all power ibid. The imitation of the Ceremonials and Iudicials the foundation of all errors in Church and State among Christians ibid. The Clergy encroach upon temporal Magistracy and Jurisdiction p. 21 An universal Monarchy intended with Christians ibid. How all things led on to facilitate the designe ibid. The pride of the Clergy and from what Ground p. 22 Many Laws altered in England upon the comming in of Christianity ibid. How whole Nations came to become Christians at once ibid. Popes labor to gain the right or use of Appeales from all Nations ibid. Some Princes oppose and the reason p. 22 The evil effects of this claim ibid. Especially