will not suffer such impious Assaults to go unpunish'd 3. By Indictment at Common Law at the Kings suit for Debarring his Subject the Common Benefit of the Law of Nature Par. 46. The Duties we owe unto the Dead are chiefly three Sepulture a natural Debt 1. FUneralia decent Interrment a Common office of nature unto which we are mutually bound to each other to perform as Due unto Humanity for that assuredly it must be one Day our own Turn unavoidably to pray the same Therefore Administration by a Stranger for the Sepulture is Allow'd by Law This moral Courtesie was taught from Heaven which induced our Ancestors to Erect their peculiar Sepulchers for themselves and Family Therefore an undecent Funeral or any rude and freekish Directions tending thereunto like unto that of the Stoical Vaunter Sepelit natura Relictos Are Inhumane and Disallowable by Law As by a Decision Maevius made Lucius his Heir by Will sub Pacto or Conditionally to throw his Ashes and Bones into the Sea Two Questions 1. If Lucius did forbear out of Loyalty to humane Decency Performing the Condition whether He could hold the Inheritance as Heir 2. Whether the Condition not Insane and void Resolv'd 1. To the first that the non-performing of the Condition was rather Commendable then Questionable in Committing the Body to civil Burial And hence interring Rites are call'd Justa because Due by the free unwritten Justice of Nature or Law of Civility 2. To the second That the Condition was more then Windy if the Testator in true senses very wicked most Absurd and so void However the Estate Compleatly Holdable in Law and Conscience The Ground Hallowed by Funeral Obsequies Burial is so highly Indulg'd and strictly observ'd by the Canon Law That the very Place where an humane Body or Head is interr'd is instantly Consecrated and adopted Religious And for the future render'd unsaleable even unmorgageable only Demisible What good Christians were some Railers against Decency of late with us scornfully refusing the harmless Celebration of the Liturgy Throwing the Body into the earth as Rudely as Pigs into a Stey without Reverence or Devotion Pompous Interring I agree is undecent because vain and often overchargeable many times obtruding a Fast on the poor Creditor for other Peoples Feastings Censuring Petty and Base 2. Civil Memory in point of generous Breeding we should keep a watch on our mouths and suffer nothing to escape us even of the Living but Reservedly And not make it a Common Practice like Titlers and Story-mongers meerly for Discourse sake to defame the Absents without Cause unless we are particularly Consulted with in Private or Publick to give an Account of any mans Credit and manners Then we ought to be free and deal Candidly otherwise silence is our Duty in Civility and Conscience No speaking of the Dead but Candide and Caste But for the Departed we must never mention them but with Honour a good Fame being the only Interest and Right of Nature which they still Retain below to violate those dues were most ungracious and superlatively Profane beyond the Cursedness of Charles Martel No biting the Absent nor wrestling with Spirits If Bad let their unhappiness die with them if good let them be Remembred with a joyful Applause for so bright a Saint Devises Choicely Regardable in Law and Conscience 3. Performance of the Will for the Good of his Soul as some Books term it or rather for the safety of the Party entrusted to interr Him that He do Righteous things that his own Spirit might find Rest in the other Life For God is Just and let Him expect What Measures he gives the same will be meated unto Him Paganism very Precise in Executing Wills The very Paynims though in the Dark yet by the Peeps of nature were ever most Curious in Gratifying the Request of the Decedent As by a Decision A famous Wit on his Death-bed willed with a very passionate Desire that his Works might be burnt Two Questions 1. Whether the Devise not void because Injurious to publick Interest and the Advance of Learning 2. Admitting it good whether private Request should be preferr'd before the Common Good or General Advantage Resolv'd 1. That the Devise may be Conceiv'd valid and soberly Consistent with Law and Conscience It cannot be Denied but in Law every one may do with his own as he pleases if otherwise the Law deserves to be Coated and Bibb'd to talk of Propriety If so why Publish'd against the Vote and Direction of the Devisor 2. Every one is best skill'd to take measure of Himself And what Judges Civilly Construed Modesty as to the oblivious sense perchance the Requester knew it more fit and Requisite to be taken literally Because of Imperfections best known to Himself not so easily Conceiv'd by others Therefore I cannot but Applaud the Judgment of the Emperour that held the Concealing more Civil than the Divulging The Common Law Favourable to Wills Testaments as the final and Consummate Acts of Mortality are very preciously Esteem'd by all Laws They are Alterable and may be nulled by a latter and invalidated by Eschetable Misdeeds yet they shall never be void if by any Consistency of Reason the Intent of the Devisor can possibly be Pick'd out As by a Case A. devises all that he hath to B. to do with it at his will and Pleasure Three Points 1. Whether a good Devise because not so legally Amplified according to the usual Form 2. Whether Lands and Tenements as well as Chattels do pass for want of apter words 3. What Interest passes whether an Inheritance Absolute or modal and Qualified Resolved 1. In other Conveyances Demur might be made what Right pass'd But in Devises the best shall be taken to fulfil the Will of the Testator Therefore the Bequest good 2. By the Intent a fee simple pass'd of all Reversionary as well as present Rights 3. It will be objected by the Learned that there want Essential words to create an Inheritance and haply not Publish'd Animo Testandi and so void 1. The Devisor shall be Presum'd to lie in Extremis and likewise Inops Consilii altogether destitute of Counsel And so Disabled to give in that Exactness of Form which in his Convalescence he might have done 2. It must be granted that the Testator was Cited by an irresistible Summons to his long Home and there to Abide And so cannot appear to Defend or Explain his own Act. Therefore what he Declares shall be taken Valedissime most favourably and forcibly for the Benefit of the Devisee Par. 47. The Inducement to this Freedom I Write not this Dogmatically to teach the Seniors in Wisdom or Overseers of State nor Captiously in finding Fault with the Law only Piteously out of Tenderness that the poor Languisher might be Reliev'd and the Law Explain'd And likewise that the Unchristian Abuses of Disturbing the Dead unless sentenc'd to Infamy by Law may be Redress'd whose Bodies when Alive were the
his soul from Death And his Body too from vials of wrath that otherwise might overtake Him should He wallow in that damnable Estate And others too for their Recreancy and Remissness in Permitting so much Deadliness to live which by the Judicials was severely Punish'd and ought to be with us with an harder Penance then Sandals or an hair Shirt Righteousness mistaken Thus if the Church enjoyn Vnique Consort in Divine Worship a wrigling Conscience to live lewdly at his own Rate chops in to go his own way though it lead to Hell if the Law arrest this Caitif to drive him into the Right this is Persecution O blessed God what prodigious natures doth thy Poor Spouse meet with all Decencies must be Abandon'd the very Bible burnt and the Alcoran profess'd to tiddle every Crack-brain'd Dissembler every sniveling Tony otherwise to be Branded with Tyranny and Persecution Par. 19. The wildish Pretender possess'd with waspish Rudeness scourgable by Law I 'M inclin'd to Piteousness and Civil Quarter but if the Hold of Blasphemy may not be Assail'd but the Reduction left to the Spirit I doubt of a Convert obstinacy being a Misplea in the Leet of Piety not issuable in Heaven the Magistrate being Sworded not to trifle with Domitian but to uphold Hezekias and suppress Shelomithes Neither is this Presidentless for the potent Master of Holofernes enjoyn'd universal Worship to the God of Shadrack and his Comartyrs Sub-poena Capitis on Pain of Death Unto Daniels God was Ascrib'd the like Devotion Par. 20. Blasphemy Brandable by the Civil Law Capital BY the Common Law the Blasphemer is Infamous and therefore grievously mark'd with a Print of Horror By the Civil Law He 's punish'd with ultimum supplicium even Death the executing Hand according to the Father is sanctified by the Blow Vagrancy from the setled Church in Law Partial Apostacy By some Books I find wandrings from their Habit or Order of Religion to be Revoltings or legally Apostacies And that the Law hath Provided a special Capias to restrain such Gaddings by Reducing them to their Canonical Obedience Par. 21. Conscience in some sort Governable by Law THus the Supreme as Vice King of the Soul may Command the inward Man There 's no Demurring to his Edicts Contempt is no less than Damnable if a Bur to the Soul or truly nauseous to the Judgment Passiveness must be the Cure and ultimate Appeal Vnity in Religion Inforcible in Conscience It cannot be Denied by any Civil Christian in his right senses but that The Magistrate hath Power in omnia mala The best Conscience is too bad and mendable On consequence then the Magistrate hath Conusance over the Conscience Which is but Reasonable for temporal Rulers are bound to have a Care of Souls as well as of Bodies And must Answer if they Perish through their neglect Par. 22. The Guardianship or Charge over the Conscience not Dispensable WHich we may more lively illustrate by a Decision A Minor or one under 25 years of Age is Inspected and by false Proof Adjudg'd to be at full Age under this Pretext of Plenarty of Age He receives a Debt due to Him which He spends loosely or squanders away 2 Questions 1. Whether the Debtor be sufficiently Discharg'd 2. Whether the Curator be Releas'd or still bound to oversee the Trust and so liable to account for the wasting Payment Real a full Discharge 1. For the first I find the Debtor safe enough being fully Acquitted the Common Law by the 26 Eliz. doth in some sence quadrare or readily Assent in case of Infancy As in an Executor if Payment be actually Prov'd it shall Bind But Regularly in most Cases infra aetatem or Nonnage is a good Plea to avoid all Acts and Deeds And the Civil Law is as Cautelous the Minor being uncapable to oblige Himself without the leave and Concurrent assent of the Curator Dispensing unseasible 2. For the second the great Point in Controversie with us the Guardian is liable to answer the wasting for that He should still have continued the Charge which truly seems strange till the Fraud were discover'd being done by Power of Law At Common Law I agree the Guardian would hardly be Acquitted though with the Privity and Intreaty of the Infant if a waste were Committed But if by Order or Act of Law I conceive the Laches were purg'd and he totally Indempnified because Act of Law Can do no Wrong And in that Case the Law is bound to protect Him Religion unalterable Princes must keep to Unity This strongly proves that the Magistrate is still oblig'd as the Committee of Souls to Continue his Tutorship over the Conscience in Holding to sincerity in Religion sub periculo Animae as He will tender the future welfare of his own soul Though in foro Civili here on Earth he may be Absolv'd I doubt of his Acquittal in Heaven for that no Instrument or humane Power imaginable can dispense with the Charge of Souls though with their own Consent in suffering them to pursue the Road to Damnation Par. 23. Wavering in Religion unlawful TO explain this Thesis more clearly by a Case A. and B. 2 Co-Rogues or Comrades in Villany consult how they may more Colourably Beg or Steal They Agree that B shall Cripple A by Maiming his Hand or Foot which is accordingly most Audaciously done 2 Points 1. Whether A. may have an Action or an Appeal of Mayhem against B. 2. Whether B. not Inditable for mutilating or maiming his fellow Subject or Brother Rogue 1. To the first Damnum sine Injuria because of Consent will be presently pleaded 'T is much doubted whether it be good for that there 's no Justifying Malum in se being a most nefarious and unnatural Act. 2. By the 11. Jac. Consent will not free the Mangler or Maimer from being soundly Fin'd and otherways well order'd for his Rascalness in Mangling the Kings Subject for Instance C. kills D. with his Consent and upon his Intreaty and passionate Request this will not excuse C. from Murder and Hanging is too good for Rogues in Grain Now if we have no Power over our Persons to Disable or Spoil at will much stronger are we Disabled to Bopeep or trifle with Souls Verity not sickle but solid and unchangeable Truth is Immutable and will admit of no change no varying without the Hazzard of Heaven And therefore Princes being Delegated by God to oversee and govern the Soul must not turn Waverers by Tolerating Weavers of new Gods they cannot allow of an Alteration of Religion by jeoparding the spirit to Hell by any mortal Consent or legal Contrivance The Apostle is full in the Point by saying the Magistrate is Dei Minister tibi in Bonum that is the substitute of Heaven for the safeguard of the Soul as well as for the Tuition of the outward Man And therefore the same Apostle enjoyns subjection not only for Wrath but for Conscience SECT IV. Par. 24. To pride our selves
Rebel Meeters yelping against Law And the manner of their Worship being not only turbulent and irregular against the express Commands of Law But the matter Irreligious against the Known Current of Salvation with the nicest 't is not Persecution but the Profession and Duty of the Sub-Diety or Sovereign Magistrate according to some opinions to cut out the Tongue if sowing up the Lips will not restrain Profaneness Par. 124. Garden-Gods not Adorable WEre the Adorers of Bel and the Dragon the Sun or Moon Stock or Stone fit to be accounted Idolaters or divine Worshipers if silenc'd and crush'd under foot can the weakest that never Studied farther then the Horn-book adjudge it Persecution being not whip'd as Saints but paid off as Routers in Blinching and snuffing against Law The Diseased why Imprisonable Leprosie Corporeal by the Judicials was murable and to be shut up to keep the Broken from the Whole in Reference to publick safety On this President are the Pestilential with us Padlock'd and Guarded And once mark'd by Law should the visited adventure Abroad without Leave the Watch may resist them as Felons How then can Divines take it ill if for Leprosie spiritual the Law be the same Par. 125. Profane Mutes seldom Disturb'd FOR Persecution 't is an impudent Fable rak'd from the bottomless Pit to mire the Church I know no Inquisitive Law to pick the Conscience if the Poyson be lock'd up all 's quiet But if like mad Brutes they will up and down and spread their Frensie to draw Disciples then the Law Catches them not as misguided Zealots but as outward Disturbers and Violators of the Peace Our great Ancestors were not expell'd Paradise for Chawing the Apple but for the breach of the Precept because prohibited by the Lord of the Garden now non-Conforming is the Forbidden Fruit the eating thereof in defiance to the Church is dangerously Contemptuous against the State and so against God for Laws made by lawful Authority are ordain'd by God and ought not to be slighted or disputed but Reverenc'd and obey'd Par. 126. Laws uncharitable or Idolatrous bind not LAws to inhibit Alms in extreme necessity or to enjoyn Worship to Baalpeor are void quantum ad Deum in the Court Above And not astringent to the Conscience For humane Laws which are no more then formal Astrictions ordain'd for the Political Rule of the People repugnant to Reason or Scripture are not properly Laws but Corruptions As Customs unreasonable are Usurpations and not legitimated by Vsage The Law moral the Transcript of natures Law ALL Regencies though never so rude and Devilish are sounded upon Laws as Bars and Boundaries of Native Liberty the Ground of those Laws is the Law of Nature whose intrinsick Principles we obey because imprinted in our souls by the Original of Nature the Diety now the Law of Nature and the Moral Law differ only Notionally the Moral Law being but the gloss or Explanation of the Law of Nature Hence all Laws are fram'd in imitation of Nature otherwise not pleadable at the Bar of Reason In brief because mans nature is corrupt and divers from the Community of nature these Artificial Restrictions of humane Laws on necessity were devis'd as Locks and Bolts upon the Soul for the Weal of Vnity and Peace Par. 127. Disquisitive Theft WHether blinking Sleights Deluding the People with Wheedles more counterfeit then St. Martins ware Pilfering their Hearts from Legal Forms be not a Theft of a more dangerous concern then the sliness of the Peepers that spirit only the Body they Kidnap the soul And more Theevish then the Larceny of a Sheep or an Ass or a Clout from off the Hedge are Problems that sink deep with the Well-wishers of Monarchy and Lovers of Religion In Law to withdraw the People from their Allegiance is Treason And there 's as much Ligeance due to the Spiritual Law as to the Temporal for in Truth they are Politically Identical one and the same Bond the King equally interested and Supreme in both Par. 128. Polytheism Confounding 'T IS a sure Theorem in State that Diversity of Opinions le ts in Atheism and Shifts off Regality And strictly in speculation of State what are Wincings against Law and Pawings against Prelacy but Seditious Practises against the Crown and meer Confusions which by Law in some sence may be Treasonable on this Presumption of State by the 27 Eliz. the Romish Priests are Hurdled and Quarter'd not for their Priesthood but Plottings against Majesty who holds the Scepter by inherent Birth right or Descent of Inheritance No Crown-Holder at will or on Condition if his Actings out-skim a Fanatick Scull or Romish Oars his Barge in Law is absque Compoto Controulable by none but God And in Law though Process in Ecclesiastical Courts and Temporal too are not in the Kings name However they 're the Kings Courts and the Proceedings are for the Crown To instance these Droitz Royaux or Regal Rights by an Example Every Leet or view of Frank-pledge holden by a Subject is kept in the Lords name yet no Student at Law but knows it to be the Kings Court many Subjects hold Courts of Record and other Courts yet their Proceeds must Conform with the Law Royal and National usage SECT XVIII Par. 129. Severity no unadvised Precept or Club-Law IT will be objected that Christian Laws are not intentionally Newgate Tyranny that is Chains and Fetters but Silken Yoaks Rules written by a soft Hand and easie Finger and shall ever be taken Favourably with some latitude of mildness as to the Darling of the Soul As the Statute of E. 3. that prohibits Relief to a valiant Beggar able to labour on Pain of Imprisonment shall not be taken literally or in Extremity of Justice But according to the Feature of Reason and the Spirit of Charity otherwise the observance may prove a greater Bondage then that of Tripolee or Tunis more then Homicidial even murdrous Posito we meet this lazy Rogue or valiant Beggar on the midst of Salisbury-Plain in the Nones of December or Calends of January Remote from Hovel or Bush in sleeking tert Weather the Air more piercing Cold then in Russia or Greenland enough to engender Chrystal Pitifully jag'd and torn so Back-beaten and Belly too near famish'd more then one leg in the Grave without a noggen shift or even a Patch to cover his Carkass or a scrap to suttle his Panch And afore this Sturdy Villein or Incorrigible Rogue can probably get to a Barn to roost in or a Crust to Knaw He must perish now if one out of Pitifulness fodder this filthy Loyterer or dingy Shab with Offal or dry Crums on Design only to succour his Rogueship from the sharp Stings of Hunger and Cold taking this fusty Lob and poysoning Lout but just before the last Gasp e're He be quite gut-founder'd and Defunct to prevent his Funeral in a Ditch Whether this can be a Breach of Law and so an Offence in Conscience is much