Scope of the story which was to shew that Naaman by the Miracle of healing with the word applied by the Prophet was converted from Paganisme to vvorship the true God and the same well suits with the Prophets answer to Naamans Petition go in peace (h) Calvin Institut l. 3. cap. 2. f. 32. Calvin considers Naaman as a new Convert and one that had some knowledge of Christ The common reading makes Naaman a grosse Hypocrite praying to be dispenced with in his beloved sin and it seems to charge the Prophet with unfaithfulnesse in not reproving Naaman for this reservation which could not have stood with true repentance but rather incouraging him Saying go in peace which inconveniences are all taken away by rendring the words in the sence of the Preterperfect tence That in Judges 11. concerning Jephthah his vow Judges 11.30.39.40 and concerning his daughter The last Translation seems to countenance such horrible Murder as was committed by the Heathen Gentiles and sometimes by the Idolatrous Israelites in sacrificing their Children to Devils The word in the last verse Translated lament the daughter of Jephthah being rendred according to the Marginal reading To confer or talk with the daughter of Jephthah sufficiently clears the matter Piscator on the Place And lets us know that she was not murdered or offered for a burnt-offering But that she was redeemed as God had appointed in the (i) Lev. 27.2 3. Num. 18.15 Exod. 34.20 Law but was dedicated to be a servant in the house of God as Samuel was This reading agrees with that vers 38. she bewayled her Virginity not her death This Act of Jephthah is judged to be an Act of his faith for which he is commended Heb. 11.32 If he had murdered his daughter he would have been reproved for it which he is not Therefore we must conceive that Jephthah's vow was Conditonal Vers 31. that if that which had met him coming out of the doors of his house had been a thing which might have been offered for a Dog or a Swine might have met him which might not be offered in Sacrifice he would have offered it to the Lord If otherwise it were a thing not to be offered and might be redeemed he would redeem it and offer something in lieu thereof As Abraham did the Lambe instead of his Son There are divers things in the New Testament which ought to be cleared in point of Translation That Acts 14.23 Acts 14.23 Translated when they had ordained them Elders in every Church The Text being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is (k) Pasor Lex pag. 609. A. Quun que ipsis per suffragia creassent Presbyteros 2 Corint 8.19 truely read they Created them Elders by suffrages which in the Geneva Translation is rendred they ordained them Elders by Election But this word Election signified by extending or lifting up the hands of the people the late Translators Holyoke Belcanqual and their fellows being Episcopal men made shift to thrust out of the Text That they might preserve the Bishops power of ordination as our Presbyters do now who tell us that the Church Math. 18.17 is but the Presbytery or representative Church which exposition is justified by no Scripture for the word Church is either taken for the (l) Acts 15.3 4 22 23. and 13.1 Members without the Officers called brethren or else for the Officers and Members together That in Phil. 1.21 Phil. 1.21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The new Translation reads Grammatically out of the Vulgar Latine For to me to live is Christ to dye is gain which is perfect non-sence The two infinitive Moods without wronging the Text may be either translated substantively or as participles and then the sence is for Christ is to me in life and death or living and dying gain or advantage which is according to the Geneva Translation and suits with the sence of the fore-going verse Christ shall be magnified in my body whether it be by life or by death For these and many other causes which might be shewed it were fit a more perfect Translation of the holy Scriptures were had and published 3 In the next place I set it down as a sinfull defect that there is no Law against swearing by Creatures as the Sun Light Jerem. 5.7 Perk. on the Decal Com. 3. vol. 1. pag. 42. col 2. the Bread the Drink the Money and such like which Oathes are very common amongst the prophane and ignorant multitude and are as bad if not worse than prophane swearing by the holy name of God Math. 5.34 35. Exod. 23.13 Isa 65.16 Amos 8.14 4. The like may be said of swearing by Idols as the Crosse the Masse the Rood or by Saints as Saint Mary by our Lady That place Matth. 23.22 Condemneth such swearing Perk. on the Decal Com. 3. vol. 1. pag. 42. col 2. by Imaginary Saints as Saint George by Faith and Troth c. the like may be said of wicked cursing against our selves or others as Pox Plague the Devil rot thee and the like c. these are all unlawfull yet we have no Law against them their unlawfulnes appears by these Scriptures Ier. 4.2 and 5.7 Psal 109.17 and Psal 115 8. Deut. 6.13 Willet Hex in Exod. chap. 20. pag. 347. 5. The use of Lots in sport is a sinfull thing and no Law against it as (m) The use of Cardes dice and the very Sale of them are prohibited by the Lawes of Geneva Lawes Geneva pag. 30. 36. Carding Dicing Playing at such Games as wherein is no use or exercise of skill or memory but meer chance as it 's called these are a sporting with the Divine providence of God which is not to be meddled with but with great reverence and Lots are to be used onely in weighty matters for that therein Almighty God is immediately appealed unto as Judge and determiner of the controversie So they may be used in chusing of Officers or Governours where God hath not declared his will or in division of inheritances and such like The use of these Lots in other cases is unwarrantable Prov. 16.16.33 Levit. 16.9 Perkins on the third commandment vol. 1. pag. 43. Acts 13.19 6. The like may be said of Gaming and playing for great sums of money the same is a horrible sin and the cause of many other sins there is unlawfull getting and unlawfull spending with unnecessary expence of precious time every Lawfull means of getting is sanctified by the word of God and prayer Gaming for money is not sanctified by the word of God and prayer Ergo Gaming for money is no Lawfull means of getting The Major of this Proposition is the Scripture it self all things i. e. all Lawfull things are sanctified by the word of God and prayer the Minor is undeniable there being no word of God to vvarrant such a course of getting and what man upon any ground of Scripture or word of faith can or dare
Romans was chosen by the Emperour Tac. 1. Annal. l. 1. cap. 1. pag. 2. Civil Supream Magistrate who in this respect as well as others is (c) Rom. 13.4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Minister of God and ought by good Laws to appoint the Ministers their imployment and see that they do their work for proof hereof I will not much insist upon the practice of (d) 2 Chro. 8.14 Solomon in building the Temple nor upon Solomon (e) 2 Chro. 20.21 Jehosaphat and (f) 2 Chro. 31.2 1 Kings 2.27 35. Hezechiah their facts in appointing the Levites their Offices and courses lest that should seem to comply over-much with the Levitical service although something by way of Analogy may be proved from thence and much more might be said of Solomon his putting the High-Priest from his Office and appointing another in his room 1 King 2.27.35 and of Asa (g) 2 Chro. 14.4 and converted (h) 2 Chro. 33.16 2 Chro. 17.7 8 9. Manasses their commanding Iuda to serve the Lord. But the fact of Iehosaphat 2 Chr. 17.7 8 9. seems to me a good Testimony in this matter and undeniable It 's said that he that is Iehosaphat (i) It 's said Nehem. 6.7 that Nehemiah appointed the Prophets to preach at Jerusalem in the thirteenth year of his reign sent to his Princes Benhail Obadiah c. to teach in the Cities of Iuda and with them he sent Levites Shemaiah Nathaniah c. and with them Elishama and Jehoram Priests And they taught in the Cities of Juda and had the Law of God with them and went about throughout all the Cities of Juda and taught the people Five things I conclude from this context 1. That these Princes Priests and Levites were appointed to the work of teaching by the King 2. That the Princes as well as the Priests Levites taught the people 3. (k) Laws of Geneva p. 2 3. 1. The Ministers are first approved of by the Council 2. Thâ—n received by common consent into the Company of the faithfull 3. Then sworn before the Signiorie to serve God faithfully in the worke of the Ministery This is called the Ministers Induction pag. 3. That the Kings command was the ground of their Commission to teach the people 4. That some Teachers are not tied to particular Congregations 5. That this reaching was no Ceremonial or Levitical service nor performed in the Temple this preaching was in the City out Juda out of Jerusalem they had the book of the Law of God with them out of this they taught the people This book of the Law was that which the King was commanded to read and contained the moral as well as the judicial and ceremonial Law which being read to Josiah melted his heart and that which with the Prophets as commentaries thereupon was read in the Synagogues of the Jews every Sabbath-day (l) Acts 15.21 Acts 13.15 If we should consult the Papists and rigid Presbyters in this matter The Papists tell us that all authority to teach or preach for it 's all one is to be derived from the head of the Church on earth that is the Pope and that the Bishop as the Popes Substitute with a Presbyter are to ordain the teaching Priests and so they did in England in the Bishops time The rigid Presbyters of this age tell us that the Presbytery are to ordain those who are to teach or preach and such as teach or preach without their ordination which is done by the imposition of hands of other Presbyters or Preachers do greatly sin against God but I think it will not be denied that whosoever may offer up publick prayer may also publickly teach or expound the holy Scriptures King Solomon did the one 1 Kings 8. And I see no reason but that he or any other in his condition may do th' other if he be apt to teach and able to divide the word of truth aright we cannot in the New Testament expect the civil Magistrares to put forth or execute such a power as Jehosaphat did for that was contrary to their principles to further the preaching of the Gospel or the religion of Christians which those Pagan Emperours and Kings accounted (m) Acts 25.19 Sueton. in vita Claudii Caesaris Sect. 16. Broughton in Daniel Conclus in fine a barbarous Superstition therefore the Lord of the Harvest sent forth labourers inâ—o his Harvest the Apostles and Evangelists with larger Commâ—ssion than to teach in the Cities of Juda. First to the lost sheeâ— of the house of Israel and the Apostle Paul was immediately sent to the Gentiles and then the Commission was to preach the Gospel to every Creature These were not tyed to any paâ—ticular Congregation But besides these there were Pastors and Teachers sent Regeâ—volsc Hist Eccleâ— Slavoni Provin l. 1. cap. 3. pag. 12. Pectus Valdus a rich Mercant of Lions was chosâ—n Pastor of the Church their Anno 1160. Act. 1.23 and 5 6. Calvin Instit lib 4. cap. 19. Sect. 31. and c. 14. Sect. 31. Fuller Holy state l. 2. c. 12. pag. 87. Mâ—gd Cent. 2. c. 7. Cent. cap. 7. and râ—ised up for edifying and building up the Church of God and untill Churches or particular Congregations were setled the preaching was at large but when the number of believers was increased and multiplied then were they divided into particular Congregations and had their Pastors and Officers by (n) Acts 9.30 Acts 11.22 26. and 13.8.15.2 3. suffrage or (o) Simpson Church Hist lib. 2. Cent. 12. pag. 429 430. Election and those Congregations of believers called also the Church as occasion was (p) The manner of the Election of Pastors in the Slavonian Churches Anno 1467. You may see at large in Regenvolscii Historia Eccl. Slavon Provin lib. 1. c. 1. p. 30 31 32. sent forth others to preach the Gospel to such places where there was need and where the Gospel was like to be received to gather men to Christ and this was done in defect of the work of the Supream Magistrate (q) Constâ—ntine the Great and Theodosius before the reign of Antichrist and afterwards Otho and Henry the fifth Emperours and others nominated and appointed Bishops and others nominated and appointed Bishops and others to preach Simpson Church Hist lib. 1. pag. 6. Whites way to the true Church Sect. 50. p. 389 390. Petrus Valdus and the Bretheren of that societie who were raised up about the year 1160. in that and the next century and afterwards John Wickliffe his followers by their publique preaching gathered more Churches and converted more souls to Christ than all the Bishops and Presbyters had done in 600. years before Many of which Churches remain to this day whose Office it is to appoint the Gospel to be preached to the world and the Lord did from time to time in every age as might easily be shewed when there wanted a Christian Magestrate and also during the
Rewards and Punishments and of that which by Right belongs to every man And where shall this Justice be found but in the Holy Scriptures which is that perfect Rule and Law of Justice and Righteousness Without this Guide men have no more then that glimmering Light of Nature to lead them which although it retain general Principles of (k) Idem Bod. Rep. l. 6. c. 6. p. 761. Tac. Annal. l. 1. c. p. 2. Right and Wrong as one may so speak since the depravation thereof by the fall of Man yet we see by Experience That the most wise Law-givers who had the best endowments of Nature elevated and much perfected by Humane Learning and Knowledge without the knowledge of the Divine Law contained in the Holy Scriptures erred and wandred far and wide in many things as men blinde-folded and led aside by their lusts and passions and chiefly for want of this Golden Rule to walk by And if no more could be said of this subject this were sufficient to satisfie any rational man That there is an absolute necessity to compare (l) Vis Magistratus est ut praefit praescribatque quae recta utilia conjuncta cum legibus ut enim populo praesunt Magistratus ita Magistratibus leges Lex simul cum mente divina orta Creditur Itaque vera Lex Princeps apta ad Jubendum votandumque ratio est recta summi Dei Coel. Rhodig Lect. Antiq. l. 8. c. 1. p. 279. all Laws with the Laws of God and to frame and square these our Laws according to that Patern For that nothing can be or be truly accounted Right which is not agreeable thereunto And therefore (m) Bodin Rep. l. 6. c. 6. p. 759. the Jews called their Book of the Law The Book of Right or as it 's observed the Caldaean Interpreter hath it The Book of Rightness having no crookedness or error in it nor suffering such as walk by it to turn out of the way CHAP. III. That the Law of England as now it is in use is a departing from the Law of God and a taking of a Law from Hâ—abeâ—s and Idolaters IT is not to be doubted but as these Judicial Laws were the Foundation of the Imperial or Civil Law so were they of the Saxons Danes and Normans Laws amongst which many particulars of those Judicial Laws are found extant as amongst the Laws of this Nation which herein in their fit pâ—aces shall be made appear But the Roman Clergie or rather Idolatrous Priests being Chancellors Judges Reporters Scribes and Compilers of our Laws to these Laws of Common Equity added many Heathenish Impious Superstitious and wicked Customes and imposed the same upon the poor conquered and enslaved People for Laws Which things when we consider and what is reported by Sir Edward Coke (a) Coke Com. Littleton l. 3. c. 9. sect 535. and his Preface 8 Reports That in the time of William the Conqueror and long after his time the Chancellor Treasurer and Judges were for the most part Bishops Monks men of the Church as he calls them of whom he names very many expert in the Common Laws and such as wrote the same We may easily judge what Laws we were like to have from such men surely such as their Religion then was in the very darkest night of of Popery which must needs produce nothing so much as Idol try and the Oppression and Persecution of the Saints like the (b) Mic 6.16 1 Kâ—ng 22 26. 1 Kin. 16.25 27 Statutes of Omri and Ahab according to that of the Psalmist (c) Psal 74. â—0 The dark places of the earth are full of the habitations of cruelty Upon these grounds it may be cleared That we are much departed from the Law of God and have received a Law from Antichrist and it will further appear in the particulars following That many wicked and profane Incroachments are made by our Laws upon the honour of God in abuse of his Holy Name and Worship and thereby also great Iniquities Injustice Wrongs Oppressions Deceits and Falsehoods practised maintained and acted continually towards all sorts of men as well by colour of divers Statutes as the Common Law now in use and practise But for the present let it be observed That the whole Body of Popery is in a manner comprehended (d) See Coke upon Littleton under these Titles Absuration Exile Appeal Advowson Bishops Appropriation Clergie Divorce Excommunication Heresie Frank Almoigne Marriage Parson Patron Presentation Profession Quare impedit Tythes and upon the old Statutes in Littleton's Book which is so much commended by Sir Edward Coke and that the old Statutes made in affirmance of the Common Law and the Books and Entries whereof he makes mention are stuffed with all manner of Superstitions and Idolatrous Rights and Customs And if any man shall be offended that I do not lick the sores of Justice Littleton and Sir Edward Coke the two great Idols of the Law It sufficeth me to know That the first did (e) Littleton was a Judge in the Reign of King Edw. 4. according to the Religion then in use and it may be according to the Dictates of his own Conscience and in many things hath judiciously taught the succeeding Ages but therefore hath not deserved to be accounted an Oracle And for th' other I think of him according to (f) Scrinia Sacra Cabal p. 61 62 63. the Character given him by that Incomparable Learned Sir Francis Bacon in a Letter to him after his disgrace And something more I could say That he was a man of a bitter spirit against the dear Servants of God and if he should be judged according to the Judgement he gave of the most sincere Professors of Christs Gospel the (g) Coke l. 5. Part. 1. Cawdreys case f. 25. followers of John Wickliff abusively called Lollards and his (h) Coke in the Title-Pages of his Books of Reports being 11. judgement of Queen Elizabeth and Kings James whom he blasphemously calls The Fountain of all Piety and (i) The Law of the 12 Tables is called by the Roman Historian The Fountain of all Justice Tit. Liv. l. 3. p. 112. H. and out of this Heathen Sir Edw. Coke learned this Blasphemy Justice and the life of the Law A rational man indued with any knowledge of God would think such a man too ignorant of the wayes of God to be accounted an Oracle or termed The speaking Law as every Judge is or A Promulgator thereof Now if it shall be cleared without doubt whence our Laws came and that they contain such Impieties and Injustice as are before touched I say when that shall plainly appear every Christian whose heart God shall open to see the truth will assuredly be satisfied in his Conscience That this Law ought to be changed or greatly amended seeing that Christians ought to be so far from receiving the (k) Rev. 14.9 Mark of the Beast by taking Laws
from Idolaters that they ought to root out their Idols and all (l) Deut. 12.3 Exod. 23.13 34.13 2 King 18.4 Hos 2.17 Zech. 13.2 their Superstitions from under heaven For that whilest things stand as now they are we cannot expect the comfortable Presence of God so effectual for our good and protection as if they were removed according to that (m) Psa 94.20 of the Holy Ghost by the Prophet Shall the Throne of Iniquity have fellowship with thee which frameth mischief (n) Such Laws as are contrary to the Laws of God and Nature the Prince may abrogate at his pleasure Bodin Rep. l. 1. p. 105. by a Law And if we consider that these Popish Laws coming from Idolaters branded this Nation with the Mark of the Beast which all those Kingdoms and Common-wealths received who were under the Power of Antichrist as this was until King Henry 8. his time who although he cast out the Pope's Supremacy yet retained Popery we may justly fear that without serious Repentance which cannot be testified but by Reformation the Maintainers and Countenancers of these Superstitions (o) Rev. 14.9 10 11. shall taste of the wine of the wrath of God and be tormented with fire and brimstone for ever But our God will save his people from their sins and deliver them from his wrath Howbeit it concerns us to know That although God (p) Acts 17.30 winked at the former times of Ignorance yet now he commandeth all men everywhere to repent and although we have hitherto failed of our expected Reformation and that all the labour and pains taken in order thereunto hath been lost and frustrate because a Patern from Gods Word was not sought for which may be imputed to be the true cause thereof yet at last it may be found that the Moral and Judicial Laws of Moses and other Rules and Consequences from Scripture are a sufficient standing Rule in all cases not onely for Godliness but also for Righteousness Justice and Sobriety according to that of the (q) 2 Tim. 3.16 17. Apostle to Timothy herein before recited And it is to be hoped upon very good grounds That the neerer we come to perfect Reformation the more we shall taste of Justice and Righteousness in the (r) Isa 60.17 execution of holy and just Laws under such Judges and Magistrates as were in the beginning which is to be earnestly prayed for knowing That good Laws are more security to the People then good Magistrates But when Almighty God giveth both together that 's an eminent sign of his special favour (Å¿) Isa 1.26 And this is promised to the People of God in the later times and now began to be fulfilled in this Nation in as much as the blessed Gospel of our Lord Jesus Christ and the People of God in the Profession thereof have more freedome and incouragement to Worship God according to his Divine Will then ever England enjoyed in any former Age either before or since the last Reformation But it 's much to be lamented that many who within this Age suffered Persecution under the tyranny of the Bishops and Archbishops upon pretence of breach of these our Laws in not conforming to Order and Discipline They themselves under the same pretence of Order and Church-government as they call it are now as ready to persecute their Brethren whose Consciences are not just of their Size if they could get Power into their hands to execute their Canons and other Popish Injunctions as ever the Bishops were since Queen Maries dayes For although they with the Scots are glad to be rid of the Bishops yet they at least many of them have the Scotch Presbyters Spirit in them (t) Simson Church-Hist in the Life of Anastatius Cent. 6. p. 88. who in his Church History commendeth the People of Antiochia that they were very friendly to their Pastor Flavianus and that they finding a great Number of Monks savouring as he saith of Eutyches Error and having an intent to compel their said Pastor or Bishop to accurse or abjure the Councel of Chalcedon but how their purpose was manifested doth not appeare in the Story The People set upon the Monks as not long after the honest Monks of Bangor were set upon slew a number of them others leaped into the River Orontes where as the Scotch Presbyter faith they found a meet burial for Seditious Monks There is no means under Heaven certain to preserve the People of God from Persecution but the abolishing of all Popish Laws and to Conform our selves to the holy Laws of God And that is the scope of this Treatise CHAP. IV. That Magna Charta and Charta Forestae do not appear to be any Acâ—s of Parliament although they be so called That chiefly therein was intended the advaâ—cement of the Romish Power in a Tyraâ—nical Goverâ—ment FIrst it is to be considered That upon the Norman Conquest by Duke William (a) Fox Acts Mon. Vol. 1. pag. 221 222. Ex Henrico Huntingdon l. 6. the bulk of all the Lands in England some few excepted Wales being then a Kingdom of it self were divided to such Noblemen Commanders and Gentlemen as joyned with him in the Conquest the design not being carried on by himself alone but by the forces helps and purses of many others who were to share with the Conqueror therein who besides what he reserved in Demesne he divided the rest to his Friends and Assistants to be holden of him by such Tenures Rents and Services as he thought fit (b) The Romans subduâ—d the Britains to be Subjects but not to be Slaves They were willing to pay all Levies of Men and Money if Insolencies were foâ—boâ—n Tacit. in vita Jul. Agricolae p. 188. as the Romans had done a thousand years before (c) Cambdens Britannia p. 94. Cowels Interp. word Doomsday Lamberts Exposition of Saxon words Jus Dacorum This occasioned the great Survey of England to be taken called Dooms-day-Book wherein were set down all the Lands in England and in whose possession they were Upon this Division the Natives (d) Stow Annal. p. 10. Life of King William the Conqueror Cok English Law p. 24 25. were horribly oppressed and rigorously dealt with insomuch that it was afterwards a (e) Fox Acts Mon. Vol. 1. p. 222. col 2. shame to be accounted an English-man which caused very many to remove into Wales and other Countreys rather then to abide the Tyranny of the Normans and the rest were left to the mercy of the Conqueror and the Strangers who came with him who (f) Stat ' Ebor ' 12. Ed. 2. in Preface Plowd Com. fo 129. B. Fourn Geogr. Orbis Notitia l. 5. part 1. c. 11. pag. 224. thereupon altered or rather abrogated the Laws of England and put upon them the Customs of Normandy written in the French Tongue and for ought appears the Nation had no considerable settlement by Laws until Hen. 3. his time
when these Grants and Customs were procured and confirmed And it appears clearly upon perusal of the Statute called Magna Charta That the same was but onely the Grant of King Hen. 3. and the confirmation of King Edw. 1. and some of his Successors and the end and scope of it is the upholding of Tyrannical Government and the advancement of the Power of Anti-Christ And although by some particulars in the said Charter Tyranny seemed somewhat to be eclipsed or bound up by the Kings own Consent yet in other particulars it is as much enlarged and confirmed which appears upon view of the Second Third Fifth Seventh Eight and twentieth One and thirtieth and Two and thirtieth Chapters of the said Charter wherein provision is made according to the Law of the Normans (g) See the Customs of Normandy upon these subjects in the several Titles to settle Tenures by Knights Service and Capite and all the Slavery and Oppression which that Tenure drew with it to wit Wardship of the Body Primer Seisin Mesne Rates Marriage Relief Suing Livery or Ouster le Main and all such-like Miseries as were the Badges of a Conquered and Enslaved Nation All which Laws are as it 's hoped taken away with their Rack or Inquisition-house the late Court of Wards And besides this the Laws imposed upon the People were then written either in French or Latine which the Vulgar of the English understood not and yet they were bounden to obey under severe Penalties And although some of those Laws have been since translated yet many of the old Statutes and the bulk of that which is called The Common Law do yet remain in the Latine and French Tongues untranslated to the shame of the Nation as if we were resolved for ever to wear the Tokens of our former Captivity That this Charter called Magna Charta chiefly intended the advancement of the Power of Antichrist there is nothing more evident and needs no other proof but what is therein contained (h) Preface to Magna Charta First in the preface of King Hen. 3. to the said Charter it 's mentioned to be granted for advancement of holy Church that is the Church of Rome and the same is done in the Confirmations of the same Charter (i) Stat ' 25 Ed. 1. c. 1. 1 2 Ed. 3. 1 R. 2. by divers of the succeeding Kings And the Grants to all the (k) Coke Inst 2. part Pa. 1. In Charters of Creation of Dignities the directions have always been Archiepiscopis Episcopis Ducibus c. and his restibus in the end as Magna Charta hath which is a Badge of the Kings Grant and no Act of Parliament Archbishops and Bishops Abbots Priors and all those Popish Orders clear what was intended by the said Charter In the beginning whereof the King granteth to God that is either to the Pope or the Priest for so it 's to be understood in the Law where a Mortuary or Tythes are paid they are said to be given to God but they go to the Priest So a Deodand whatsoever moveth to the death of any man accidentally slain is said to be given to God but it was used to be disposed of by the Kings Almoner who was some Bishop (l) Ans 5 Rep. Coke Caudreys Case Instances in all the Kings from the Conquest until Ed. 6. c. 7. p. 155 156 160 168 to the end of the Book Then in the first Chapter the King grants That the Church of England shall be free not from Rome for the Pope rode the whole State both Ecclesiastical as they called it and Civil from the Conquerors time until King (m) Fournier Orbis Notitia part 1. l. 5. c. 12. p. 225. Preface to Magna Charta c. 5. 14. Hen. 8. but from the Secular Power that is Antichrist shall so far prevail and be exalted that all his Vassals Priests and Clerks shall be free from the Temporal Laws and Civil Power or Authority Insomuch that if the Ordinary would acknowledge any man for a Clerk he should be taken from Judgement and be discharged of all his Crimes and Offences be they never so heinous And the Priviledges granted to the Popish Clergie in the 5th and 14th Chapters of the said Charter do further confirm what the Kings intention was in making the said Grant or Charter nothing more then the advancement of the Popes Power And as concerning the Charter of the Forest a (n) Charta Forestae c. 6 9 10.11 considerable part thereof contains matters trivial and of mean concernment And that part of it which beareth the most weight was in it self a great Oppression to the People And the best which can be said of both the said Charâ—ers is That they were (o) Magna Charta est liber seu Codex Constitutionum quas Hen. 3. ad utilitatem subditorum suorum promulgabat c. Cowel Instit Index Exposit Lit. M. the Badges of a Popish Kings Favour and are said to be granted for the Salvation of his Soul and the Souls of his Progenitors and Successorâ— And we may remember how by colour of the said Charter of the â—orest the Justices in Eyre tyrannized over the Pâ—ople living in or near the Forests not long since the most considerable part of the Nation (p) Cok. Engl. Law p. 48. being like to have been brought within the compass of the Forests and subject to these Forest-Laws And what vast sums of Money have been exaâ—â—ed for Fines imposed for building hedging incroaching and other advanâ—ages taken against them in the said Forests And what Wrongs and Oppressions have been done to the said Inhabitants by the coâ—our of the said Laws it 's too well known And (q) Cok. Engl. Law p. 25. how many Towns have been destroyed to make a Forest and yet the poor People might not kill the Deer although they did eat up and spoil their Corn what price soever it beared But it is to be hoped That the Lord Protector will put these Forests to some better use then formerly they have been put unto the (r) An ancient Manuâ—â— Expos Forest Law fo 1 3. Original of them being for Coverts for wilde-beasts and wilde-fowl And lastly these Charters although haply they do contain some things which were the Laws and Customs of England before that time yet they have also the Laws and Customs of Normandy thereunto added having no shew or colour of an Act of Parliament in which the People were interested as parties to the mâ—king thereof both the said Charters being called The Grants of King Hen. 3. and the Confirmation of K. Edw. 1. (s) See the conclusion of Magna Charta The Statute de Bigamis is said by Shard Justice to be no Act of Parliament upon this ground Coke Instit 2 part p. 267. And in conclusion termed The Kings Letters Patents as all other the Kings Grants are and the Witnesses Names subjoyned in Testimony thereof which
a Forester or Warrener finde any Trespasser wandring within his Liberty intending to do damage therein and do fly away after Hue and Cry that is a Noise made after him the Forester or Warrener may kill him that so flies away and he shall suffer nothing This is a wicked Law and against the Royal Law of God (d) 3 Jac. 1. c. The Statute That an Attorney or Sollicitor laying out Moneys for his Clyent or Master shall not demand or recover his Money unless he can produce a Ticket under every man's Hand to whom he paid it which is a thing impossible to be done for that no Lawyer Serjeant Judge or his Servant will give any such Ticket It seems regularly that Statute pleaded is no Bar for a mans Fees for those are due where he layes out no Money if the Attorney take pains nor is it allowed in Bar of the Money laid out if a just Bill be delivered under the Attorneys Hand yet some Judges have allowed this to hinder a man from Recovering a just Debt This Law is a hard Law and ought to be amended (e) 21 Jac. c. The like may be said of the Statute concerning Limitation of Personal Actions which was Ordained to a good end that Debts might not be twice paid but now it 's constantly used by Knaves who owing Debts without Specialty will drill men on until the six years are up and then will impudently plead the Statute although they have never denied the Debt But it may be Witnesses are dead or the Debtor or Creditor dead or out of the Countrey in the time of the late Warres and so no Suit hath been brought within six years This Statute hath undone many Tradesmen in London and elsewhere It were fit this Statute were amended and something put in to help the Creditor where the Debt appears to be due notwithstanding the Suit was not brought within six years next after the cause of Action All these Laws are oppressive to the Subjects And although some of those last-mentioned had some ground of Reason for the promulgation thereof yet we see by experience That those as well as the former mentioned under this Head are grown to be prejudicial to all such whom they concern and are all against those Laws of God which condemn Oppression Ezek. 18.18 Zech. 7.10 Proverbs 14.31 and 22.16 1 Thessal 4.6 Isaiah 33.15 CHAP. VII That several Acts of Parliament made since Magna Charta and having the force of New Laws contain in them many Idolatrous and Superstitious Rights and Customs against the Law of God ALl those Laws which concern Presentations to Churches as they are called taking from the People that Liberty of choice of the Minister which they originally had in the Primitive Times as shall appear in it's proper place and the imposing a Priest or Minister upon them against their wills are Superstitiouâ— and tend to corrupt the Worship of God and to subvert the Order which Christ hath appointed in his Church of which sort of Laws are 13 R. 2. Chap. 2. and 31 Eliz. 16. The Statutes disallowing Clergie in many cases that is hanging a man because he cannot reade are both Superstitious and cruel Laws 23 Hen. 8. 1. 25 H. 8. 1. All in holy Orders as they are called shall have (a) 4 H. 7. c. 13 4 H. 8. c. 2. Benefit of Clergie but afterwards they and all other men are ousted of Clergie in many cases 28 H. 8. 1. 26 H. 8. 12. 32 H. 8. 3. 4 5 Phil. Mar. 4.2 3 Edw. 6. 20. 33. 5 6 Edw. 6. Chap. 9 10. 18 Eliz. 7. 39 Eliz. 9. But it 's observable That Manslaughter which is the killing of a man wilfully in hot blood for which the Offender ought to die was never ousted of Clergie All these are Superstitious and wicked Laws The Statute of the 25 Hen. 8. 16. authorizing Judges and great men to have Chaplains who may have a Benefice with Cure of Souls and not be resident upon the same implies two great Enormities 1. That some Ministers may have a Benefice or Church-living without Cure or Charge of Souls 2. (b) 28 H. 8. c. 13. That such Ministers may be absent from such Church or People and yet take the Tythes The Statute of the 25 Hen. 8. Chap. 20. about Consecration of Bishops with all the Ceremonies thereabouts is Superstitious The Statute of the 25 Hen. 8.20 appropriating to King Hen. 8. to be Supreme Head of the Church on Earth Impious if not Blasphemous This was Repealed the 1 and 2 Phil. Mar. her Successor was called Supreme Governor c. The Statute concerning First-fruits and Tenths payable to the King as they were formerly paid to the Pope in imitation of the Jews paying to the High-Priest all of them are Superstitious Laws 25 H. 8. 20. 26 H. 8. 3. 28 H. 8. 11. The like Superstitious are all those Laws which concern (c) 5 H. 4. c. 11 Tythes Oblations and Church-duties as they are called 27 H. 8. 20. 32 H. 8. 7. 37 H. 8. 12. 2 Edw. 6. 13. A Staâ—â—te was made 34 and 35 H. 8. 1. prohibiting the Reading or having Scriptures in English commanding That Religion should be as the King should appoint he that should Preach or Teach contrary to the Kings Injunctions should Recant his first Offence abjure the Realm for the second Offence and for the third Offence should be burned to Ashes This wicked and accursed Law was Repealed 1 Edw. 6. 12. Presently upon the making of this accursed impious Law 34 and 35 H. 8. 17. five new Bishopricks were erected by the King whereupon King H. 8. in that Statute is highly extolled for his Piety He cast out the Pope and made himself Pope and retained Popery The Statute of the 37 H. 8. 17. appoints Ecclesiastical Jurisdictions to be executed by Doctors of the Civil Law whereas all Ecclesiastical Power is in the Church All those Statutes which concern Uniting of Churches Election of Bishops Advowsons of Churches Jus Patronatus Quare Impedit are Superstitious and tend onely to the advancement of Antichrists Power 37 H. 2. 21. 1 Edw. 6. 1. 1 M. 5. The Statutes against eating Flesh in Lent and at other times little better then the Doctrine of Devils 2 and 3 Ed. 6. 19. The Statute 1 M. 3. forbidding to disturb a Priest or Minister in saying Mass or Divine-Service or the breaking any Altar Cross or Crucifix the Offender shall suffer Imprisonment and be otherwise punished This is a severe Law The Statutes appointing and setting up the Bishops above the Lords in Parliament next to the King his Vicegerent 31 H. 8. and all the old Statutes and those of later times also whereby the Lords Spiritual as they are called are placed before the Lords Temporal as they are generally in all Acts of Parliament this savours strongly of the Power of Antichrist The Statute of 1 Eliz. concerning the Oath of Supremacy now
reade This is likewise against the Law of God Numb 35.33 Lev. 24.21 Gen. 9.5 6. Rev. 13.10 (d) Bod. Rep. l. 4. c. 7. p. 542. To prevent Man-slaughter some wise States have prohibited the wearing of Weapons in time of Peace for that armed men are more insolent and ready to kill then other men disarmed 4. (e) Doct. St. c. 8. fol. 17. B. Fitz. Coro 404 415. Poult pax Reg. Regni Larceny f. 129. A. 18 Eliz. c. 4. The Romanes judged it a notable example of publike clemencie to spare life where other punishments are sufficient Tac. Annal. l. 14. c. 13. p. 215. That a mans life should be in danger for any Theft or trivial Felony above the value of Twelvepence is a Law against the Law of God who hath ordained Restitution and other Compensations as the Case shall be where things stollen are living or dead It 's a Rule without Exception given by the Learned That no humane Law can juâ—tly take away the life of a man for any offence without a general or particular warrant from God's Word because mans life is onely at God's disposing Willet Hex in Exod. 22.1 Qu. 3. Exod. 22.1 3 4. 2 Sam. 12.6 19. Luke 8. It may be observed That where the Laws are most severe against Stealing as amongst the Arabs there are most Thieves through the just judgement of Almighty God 5. (f) Poult pax Reg. Râ—gni Judgement Treason f. 244 6 El. Dyer 230 Cowel inter verb Treason Cowel Instit Jur. Angl. l. 4. Tit. 18. S. 8. p. 317. Anciently amongst the Romanes these facts were Treason 1. Betraying the Army 2. Stirring up the people to Rebellion 3. Bad managing the affairs of the Commonwealth 4. Impairing the Government and Majectie of the People of Rome Tacit. Annal. l. 1. c. 15. p. 29. The Judgement in Treason is a barbarous and inhumane Judgement viz. That the Offender shall be drawn upon an Hurdle to the place of Execution there to be hanged by the neck then cut down alive his Intrails and Privie Members cut from his body and burned in his sight then his head struck off and his body divided into four quarters c. This is an act of Cruelty and too much insulting over a poor fellow-creature in misery No such kinde of death was amongst the Jews Greeks or Romanes the nearest were those Torments devised by the Heathens for the Macchabees and those used in the first Ten Persecutions after Christs time which were devised rather by devils incarnate then men All such Cruelty is condemned Amos 1.3 4 5 11 12 13 14. Chap. 2.1 Jer. 6.23 Heb. 12.35 36 37. Jam. 2.13 6. (g) Magna Chart. cap. 1. Coke l 4. f. 46. a 9 Ed. 2. c. 16. 8 El. c. 4. 84 El. c. 5 Wingate Law c. 46. p. 85. n. 11 12. Cowel Inst l. 4. Ti. 18. sect 17. p. 325. The use of Clergie as it was at the Common Law is a great offence when he that could reade was not subject to be tryed for Murther and other great Offences but being claimed by the Ordinary for a Clerk should be taken from Judgement This is said to be the Priviledge of Holy Church viz. of Rome which is the exalting of the Romish Antichristian Power above the Law and Word of God who hath appointed Magistracy for the punishment of evil-doers without respect of persons in Judgement Rom. 13.4 All the Statutes made in affirmance or alteration of the Common Law in this Point of Clergie are unlawful as to save life in case of Manslaughter if the Offender can reade or to take away life for Theft above Twelve pence and in other cases where men ought not to suffer death Ezek. 13.19 Jam. 4.12 7. (h) Custom Norm tit Forfeitures f. 24. b. Exp. For. Laws a Manuse f. 40. Coke Entr. p. 1. tit Abjuration Stamf. Pl. Cor. l. 2. c. 39. f. 119 120. 35 El. c. 1. The Oath of Abjuration of such as took Sanctuary and then abjure the Realm the same used of late times to acquit Sorcerers and Conjurers and to punish such as offend against Forest-Laws This is a horrible prophanation of the holy Name of God and the abuse of an Oath which is a part of Gods solemn Worship Exod. 20.7 Heb. 6.16 Jer. 4.2 The Heathen Romans appointed Sanctuaries whither every lewd fellow escaping if he could but lay hold on Caesars Image he was free both from Debts and Punishments This was accounted a Grievance and condemned by the Heathen Historian Tacit. Annal. l. 3. c. p. 75. c. 13. p. 83. l. 4. c. 3. p. 94. c. 10. p. 104. 8. (i) Art Câ—â—â— 9 Edw. 2. 16. Chapters about these Superstitions See the books of Canons and of Consecrat of Priests Deacons Shepherds office of Church Ministers c. 8. n 2 3 4 5 6. Office Church-wardens c. 9. n. 1 2 3. Donus or Domus Bishop of Rome about the year 661. first divided the Romish Clergie into Ranges and Orders of Bishops Priests c. The whole Body of the Law called The Law of Holy Church and the Canon Law concerning Ecclesiastical Jurisdiction in Bishops Archbishops Archdeacons Deans Chancellors Commissaries Officials Suffragans Canons Spiritual Courts or Court-Christian Dispensations for Non-Residence Restraint of Marriage at certain times as Ember and Rogation-week Oath Ex Officio Compurgators Sanctuaries Penance Commutation of Penance Excommunications Absolutions Consecrations Prayers for the Dead Masses Dirges Pompous and Idolatrous Ceremonies and in conclusion the whole Body of Popery upheld and set forth in the old Statutes and Law-books which are said to be in affirmance of the Common Law and in other Statutes many of which are not Repealed All these are unlawful having no foundation in Gods Word and were the Inventions of men tending to corrupt the Worship of God Psal 19.7 8. Exod. 40.16 Isa 1.12 Mat. 15.6 Mar. 7.7 9 13. (k) Tac. Annal. l. 3. c. 7. p. 75. l. 3. c 15. p 86. Tit. Liv. l. 25. p. 5â—5 D. E. l. 43. p. 1163. f. l. 1. p. 32. G. l. 39. p. 1032. p. 357. a. l. 23. p. 495. a. Tacit. Histor l. 4. cap. 20. pag. 165. Many of these Superstitions wâ—re taken from the Heathen Romans onely called by other Names and used by the Papists as is proved in the particular places where these things are discussed 9. (l) Pault Pax Reg. Regni stand Mute fo 222. Westm 1. c. 12 Fitz. Cor. 233 283 359. Stams Pl. Cor. l. 2. f. 149 150. This Judgment is set down at large Cowel Instit l. 4. Tit. 18. sect 35. p. 334. The Judgement of Paine for t dure when a man charged with Felony or other Capital Crime either stands mute or refuseth to plead to an Issue to be tryed by a Jury it is That the party Indicted or Arraigned upon an Inquisition for his refusal to plead shall be laid upon his back with a Stone under it and