others either preferred before or above them yet even in this time the name of religion was venerable and truly the faith of many or rather the credulity or superstition of most with abundant charity was everywhere perspicuous love of God drew some but Pride Lust Covetize Ambition Ease and such like drew a multitude to speak of the multitude of vain and superstitious attractives I count needless as fitting rather itching ears then solid heads yet this gangrene over spred the whole body of the Christian Common-wealth and it was no miracle for miracles were become common and now the Church slept in greater security then before for who durst oppose the word of the Pope and the sword of Princes for seeing fire and faggot the ax and halter were now in the hands of the chief Christians what cause of fear to the servants of Christ and what need the Kings fear if they had the Pope to their friend yet divers of them repined seeing so much of the temporall estate each day slipt away under Ecclesiasticall jurisdiction so called as that in the time of Henry the fourth of England when it was complained of in Parliament that the third part of the Land and revenue of the whole kingdome was in the Church-mens hands and it was petitioned to take some away the first publick act of the people of England against the jurisdiction and estate of the Bishop of Rome although in the case of Johns grant of the kingdome to the Pope to hold in fee of him The Lords dis-owned the power of the king to grant as having no more but a trust in the kingdome but they did not hint that his Holiness could not take and it was vain when they saw he gaped for more then he took and took more then was his due The succeeding Kings were either so given to forreign wars or troubled with the intestine divisions of the houses of York and Lancaster that now they were forced to own Parliaments yea to take the chief strength of their Title from their determinations There had been a Law made formerly to have Parliaments once a year for as the Kings of England sought to avoid those publick conventions of the most potent Lords and popular Commons for divers most evident reasons as they conceived and upon their unjust grounds truly destructive to their Royalty for there their actions were continually questioned the actors by personal command of the Kings against Law or labouring the abolishing the Laws either fined or hanged or otherwise punished and though some Parliaments went cross to others some even justifying the acts of kings against Law and their abettors this invalidates not the power of the Parliament but confirms it for by these Acts the kings after made Title so that here the Parliament got into their hands and that upon motion of the kings even the power of appointing the king and this arose from that bloody contention between those two houses But you will ask was not the Title clear yes without doubt but the Estates that is the Parliament upon the great dislike of the present Government their hearts being alienated from a dissolute and riotous Prince sought out the man among them of the Race with whom the potent men could drive the best bargains for Riches Honor and promotion and ever or mostly though the love and zeal of the Laws Liberties but especially of Religion gave the first blow to the quarrel and suited it yet interest espoused wedded owned and enjoyed it so easie are the best natures to be corrupted and depraved by outward excellencies or esteemed excellent things But it may be Quaeried what all the succession of Princes all this while did for the Church truly all they could both by themselves and Subjects multitudes of Churches Monasteries Fryeries Nunneries Abbies Chappels all planted in the most pleasant delicious places of the Nation admirable and costly structures richly furnished largely endowed both with lands and yearly profits of Tythes onely to send a brother to preach and now the common maintenance of the Church or Church-men ceased and was made proper and after was drawn into that civil order which we now call a Parish being a limitation of the bounds of the Church for care of souls and maintenance and though indeed there was so great a sufficiency yet even then many of the Clergy were in want it may be the Pope thought it fit some of Christs Servants should be like their Master I mean of that so called and justly at first the Fryers of Saint Francis Order according to their stile commonly called the Begging Fryers for so they did upon conscience of the Rule of our Saviour Go forth into all the world take no care for any thing one coat no money not a staffe no nor sandalls these went bare-foot preached diligently expecting onely what God moved peoples hearts to bestow upon them for they beleeved that God that said The labourer is worthy of his hire would not suffer them while they laboured to want That Rome testified against Rome admitting truth for truth though living in Errour yea many of these preached against the Errours I say not of the Church but of the Court of Rome wisely as it was beleeved covering their mothers nakedness with the Fig-leaves of their temporal acquests but all were not so politick some spake plainly against the Bishop of Rome in all Ages and preached Rome Babylon and the Pope Antichrist and it might well be for Rome come to the height of outward greatness so that the Mahumetans who look for an earthly Paradise excelling and abounding in all carnall delicacies could not have desired more it fell into the sink of enormity all debauchery riotousness and prophaneness and exalted it self not onely against God kicking with the heel now she was fat but above God under the power of the Keyes for she dispensed with the very Commandments of the Almighty giving licence not onely to unlawful but even to incestuous marriages which hath filled Christendom so called with all those horrible and direful effects of wrath upon all Nations which now of late years have fallen out especially upon the Kings Princes and great men the great Merchants whose lusts would admit no denyal and so traded with this spirituall harlot for some of her trash and paint to give a colour to all their incests murders perjuries lyes adulteries rapines thefts extortions and such like and let all the families of Europe look to themselves they boast to be descended of Kings ally'd to all the great Princes of Europe but have they not therewith an allyance to the judgement which will it is probable follow these sins till the blot be utterly worn out and let them look to it they hold not but by this beast and will be destroyed with her mistake not I say not all Kings or kingly power or Rule or Government but the issue of Incest and the spawn of unlawfull Lusts I must now return to the
clearly evince that those national meetings were and are not only the most natural and prudent means of composure of civil differences but also proper to this Nation the due rights of which were alwaies contended for This contest wrung away from the King those two great Charters of priviledge called Magna charta charta de foresta being the express limit and boundary of the Prince that he might not upon occasion fly out after upon his title of conquest the subject matter of them are evident to each mans veiw they are generally consonant none contrary to right reason they are restraints of the Princes absolute will or of Governing according to his own lust and declarative to the subject what he might trust to establishing indeed the right of property meum and tuum against that high point of levelling which the Princes of this Land as of all other Nations sought after not only the great men Mountains Lords but even the Mole-hills the meanest Subjects to the nod beck word of this man God the King The Lords and others saw this wherefore they bound the King by oath but what coard is able to hold a covetous much less an Ambitious spirit first therefore they plead duress or constraint and I must ingenuously acknowledge there was force against force another King confirming it in his minority or under the Age of twenty one years he thinks this a loose to his oath as if he were old enough to vow but not to perform and to these refuges of the Princes the Lawyer could give excellent colours and now the master-piece was to set the work afoot in a legal way and the Judges of the land were to determine this part they were sworn to the King and therefore they must give their advice and afford their best assistance to him the histories publike say it was an enforced opinion whereby they annihilated all the principal priviledges in the grand Charter putting at once the sword and purse of the kingdom into the Kings hand upon necessity making him to be judge of the necessity for the great trust reposed in him as King for the benefit of the Common-wealth and of this faithfulness there must be no doubt this was in the time of a weak wilful yong Prince so that the Lords in Parliament for who else durst budge or stir question the Judges as betraiers of their trusts and the liberties of the people and make them examples by hanging them at the common Gallows There were then men whose judgements and opinions were as absolute for this King and his actions these men and their determinations as might be who cried out upon the Lords and the Parliament as Rebels Subverters of the Law the setled Law and that by the opinion of sworn men the Judges magnifying the King as one that did but intend to take away the Root Spawn and seed-plot of Rebellion for while a power of contest or visible cause thereof remained which these Charters had often manifested themselves to be there would be no visible security for a setled peace if the Lords might judge of one right or privilidge of one part of the Kings prerogative why not of all if so as good be no King this was the Court dialect and of their dependants and this controversie ceased not till at last the King had ruined all the power of the Lords and now all was safe the Kings therefore to divert the stream of affection in the people from seeing into the invasion of their liberties propound Wars in France wherein being successful they please the people with smal things and take away great but especially curtail the Lords of that absolute dependance which was upon them by their under-Tenants granting the use of Magna Charta and the other Charter as Law but breaking it upon all occasions in times of War and then complying in times of peace and truly this was the State of England for the space of about three hundred years after the Conquest But you will say why did the Pope suffer this why did not he as the common and spiritual father of the whole Christian flock use his power both over the great Ram the King and the lesser cattel and younglings of the flock what such devastations murderings perjuries and other evils as must of necessity follow so many Warlike conflicts under Christs kingdom the Lion and the Lamb were to feed together and the Wolf and the Kid to lie or couch together Truly the Pope had ever an Oare in the Boat of the Common-wealth But know Rome was now the Princess and Queen of Power she raised up the people to scourge Princes disobedient to her not those obedient they should whip the people to the bare bones and this juggling appeared and there were open complaints even to Princes against the Vicar of Christ But as the Princes to appease their Subjects propound War against a neighbour Prince yea though Christian for now great men and Princes being become Christians it was hard to know whether Christians were Christians yea or not their actions were so far different from their professions So the Popes to take the Christian Princes off of their intentions to look into his Court and customes propound War against Turks and Infidels a holy and specious pretence to redeem Hierusalem from the hands of heathens still the Jewish pattern by this he hath a double advantage for his chief Enemies gone that is the most active and most zealous Princes for reformation he propounds the same to others but discharges them of their oath for they that went did so for many others he employed against his private Enemies that is Enemies of his leudness wickedness and apostacy from the faith of God the Kings of the earth making a league with the whore and drinking of the cup of her fornications and shall no doubt of her destruction also so that they who should and ought being taken off from punishing her God raised up poor despicable Creatures yea taught Babes and Sucklings to vindicate his truth as the so called Waldenses Albingenses poor men of Lyons in France and boundaries of Italy Wickliff with us John Huz and Jerom of Prague with the Germans and others with others thousands of which the Pope in the teritories of France caused to be murdered by souldiers sworn for Hierusalem Now as the Popedome was corrupted so was the generality of all the Bishops Doctors and Priests in all places they had an abundance of riches fat paunches and lean pates they had now found out an easie method of serving Christ they were in the years of the Churches prosperity that themselves agree and we believe that was the great reason they took so little pains The Kings had reserved donations of Bishopricks to themselves and riches and honor the nourses of ease were what all strove for these dependances held the generality close to the Kings if any opposed it was pride stirred up anger that they were omitted and
his Crown as it is at last resented by making him in a private manner as a subject to the Pope appear before his Legat to answer his fact Truth is the very Court of England was now tainted with Luthers Doctrine notwithstanding the kings Book and these men taking opportunitie of the kings wrath blow it up to ingratiate themselves and advance their interests by subverting their enemies they instill into the kings eare a Rhetorick pleasing enough to a high and angry spirit namely that he had no dependance on the Pope his Royalme was free True his predecessors either of weak Title at first or controvertible at last of weak parts or in a turbulent State either durst not or did not openly oppose yet truly did what they could to extinguish that power that they beleeved usurped The king upon this resolves to proceed without the Pope and at last having experienced many wayes receives satisfaction and withall to despight the Pope renounces his Supremacie and gains it Enacted by Parliament But to shew his zeal to the Romish Religion he continues the Act so called of the six Article a most bloody and Popish device and executes it by which two conttary Acts a Papist is burnt for denying the Kings Supremacy and a Protestant for affirming the Pope Antichrist and such other matter both at one and the same Stake so that it was evident this Prince sought not the honour of Christ but his own interest but this foundation laid he proceeds a step further which enlightens this somewhat more for the Pope who thought he had as good hold in all his Christendome so called as Henry had in England he first cites then excommunicates him but this Prince all fire by his Colleague in Arms Bourbon assaults and had not Woolsey been truer to Rome then to England had had the Pope his Captive but money not coming timely enough hinders that but he that regards not the father neglects the son Henry therefore throughly angred finds some default in the great Church-men most obvious to Law and least favoured of the people and not at all owned in the word of God as were Bishops Pastors Priests and Ministers He therefore feiseth the rich Abbies Monasteries Nunneries and Frieries and as before the Knights Templers once faln had many sins laid to their charge which it was believed they never did so these had many sins found which it was proved they might well be charged withall which but few ever believed of them as Sodomy Beastiality Murder and the like for Adulteries and whoredoms they were known and he justified his actions by the actions of the late named Cardinal Woolsey who had as he said destroyed little Monasteries to build a great Colledge and he destroyed great ones to support a noble Kingdom intimating that he found that these would be his enemies in his contest against the Pope to whom they were more surely tied then to him so that in case contention came this was so provided for as a dangerous fire hid within his own bowels the lands he exchanged with his Lords Nobles and Servants at easie rates whereby he was little advantaged and they highly obliged whereby he got fast friends against the Papal power and they that would not exchange were noted as favorers of the Pope and from this change first arose our Lay-preachers or Impropriators so called See how God works his ends against his enemies not a title of or for God intended and yet his work done and Henry hath the glory of the first Reformer yea and his Declarations pronounced no less then zeal for Gods Glory but what he truly had others as truly deserved in his Court whose faithfulness to their Prince and zeal for Gods House yet at last by the malignity even of the contrary faction was when his service was ended and the Kings coffers full rewarded with an Axe such fickle things are Princes the sons of men and this is the promise of the faithful in this world of affliction in the life to come eternal felicity this was the first turn of the wheel of wrath against these Apostates from the purity of the Gospel and the practise of the Gospel having left the Service of Christ to serve themselves in the honors riches glories pomps and vanities of the world lusts of the flesh and pride of life and now as wave succeeds wave so doth sorrow sorrows to these children of bitterness for the son makes clean work and hardly leaves a handful of Popelins in England and this was presumed to favor more of conscience because they saw not the hire of the work there was little pay for their pains but he of short continuance Mary though born in unlawful wedlock was notwithstanding the Will of the last King or the Acts of Parliament for disinabling of her through the potency of the Popish party yet by Parliament advanced to the Throne But surely England had now well thriven in knowledge especially from the after Lights to Luther who following his steps went further in the knowledge of the Gospel truth is Luther opposed them and had his followers but the other and more and the opinions increased and spread further And to declare the truth and honor it with respect enough to Luther who deserved much of Gods people as an instrument he had raised up for their benefit his bitterness against his brethren desertors from the errors of Rome as from what they accounted his mistake gave the Papists much advantage to upbraid the dissentions of the Schismaticks so called urging that there was never like to be peace where this gap was opened that the divisions of the Church were subject to the questions or judgements of particular Christians for from hence each man as his understanding or ability was less or more should believe as he listed and trouble the peace of the Church as these Schismaticks had done to prevent which in England it having had some footing as was conceived here through the interest of Henry and the youth of Edward who though begot by a Popish Father was educated by a Schismatick Tutor The Bishops ply it hard by fire and faggot to root out all that followed the way as it was called they had many nick-names in all Ages but here they who were the Lords Wheat had the name from the envious man of the devils Tares cast upon them Lollards and they had as in the Primitive times all evils errors and sins charged upon them they were generally poor and happily the rich thought any way a good riddance especially being so at least accounted of proud minds though in beggars rags and had all those phrases of Scripture applied to them as to those who subverted souls So that here was a great persecution many hundreds were put to death in opposition to the Doctrine of the Church of Rome but the State in policy medled not with the taking away of the Abby-Lands because of the strong party that might have engaged
Market is over before they arrive or near it They also put exceeding charges upon admissions c. and no accompt but to themselves which in the consequences may be destructive not only to the private person but body politique in amassing Treasure The lesser Corporations were for marking measuring sealing sluffs linnen and woollen with a Crown Seal forsooth and these were his Majesties gratuities to the Lord of c. Marquess c. Q. Mother Lady Nurse Groom of the stool that is the Close stool whether King or Queen high and advantageous honours and this discended to outlandish as in Land commodities yea to pins and brooms and it was said to Rags for paper and Marrow-bones for Kitchin-stuff or grease Next he found one so base as being a Lawyer to take a pattent to have the first motion in the strictest sence or to be heard in all cases before any other which the Judges wisely quashed in the shell hearing him and shewing obedience to power and fulfilled this Patent therein and then declaring by an intimation of a rigid dislike that the Authority pretended could not that is with safety grant it for the Lawyers would be stirred who had the key of Knowledge and they once disaffected might be like a spark in powder All these had their success because they by degrees falling upon persons or trades only they even upon advice desisted generally from more then expostulation some few brought Actions and were killed with delayes and frowns Then the King intends a Master-piece which was at once to quash all controversies by a sleight and sudden judgment having a colour of Law but no substance and this was by an universal charge upon the whole body of Subjects so called Ship-Money which had for foundation thus much The Kingdom was an Isle the defence Shipping the Navy was decayed the King must replenish so he rigs his Ships and sends them forth to take the ayre as the idle ones said but indeed to inure bodies to the Sea settle them under pay and discipline and so engage dependance they return and whereas heretofore the Maritine Counties sent forth Ships and the Land towns paid now the King would provide all Ships and they all should pay now this was clearly done only to inhance the so called Crown Revenue for the Subject saw no Enemy and so no necessity the original cause of that Tax a general peace was held to the out side with all Nations after theslaughter of the gallant English at the Isle of Ree and the dismanteling of Rochel But the upshot was the King must be judge nay sole Judge of this necessity and this is quaeried by the King to his Judges which to prove the assertion before they were all King trodden that is had engaged all their abilities to his meer will two onely of twelve in this so important a business as indeed the whole life of the Subjects Liberty was involved in it as to his estate at first and for denyal of that to his restraint durst assert the truth which two only I shall own as men noble and honest Crook and Hutton and though both or one were by the plurality of Votes ingaged to the first Quaere Whether the King were sole Judge yet upon the Tryal brought by that true Patriot Hambden they righted themselves and the Nation to the utmost and honest Crook spake true plain English reason and good Law while mercinaries blundred upon the work and had they taken Barcley's Argenis and read the discourse betwixt Polyarchus and Hyanisbe touching such taxes they had saved their credits as only declaring the judgement of an Alien to English Liberty and reserved themselves But now 'twixt Truth and Loyalty so called they were confounded and gave no satisfaction no not to the well-affected to absolute powers and by this notwithstanding all power the Subject was enboldned to deny and at last after some two or three yeer the King was enforced to desist and surely his cogitations were for Armies how providence prevented there being so many discourses of it I shall omit only with this hint That these fore-runners manifestly declare that the Arms in Ireland raised by his Commission and continued in England against the same power of Parliament Assertors of the same Common Liberty by the Nation owned and petitioned for were undoubtedly the effects of the same cause namely the subversion of Englands Law and Government the peoples Liberties and all Rights making the King by his meer free will the absolute Arbiter of all actions civil and criminal Thus in brief I have set down some of the visible preparatives to Englands Climaterical Revolution which it now labours under In the discussion of the State of affairs civil and so called Ecclesiastick before but especially in the time of the late King and all shews that plainly there was left no more then an outside Christianity or formal Religion the temper of the clay of the world the pravity of Reason in the depraved principles of policy the iron of reason in the variety of species of Government and the gold of Christian simplicity the gold owned in the Scriptures by Authority allowed the iron in the rational formal profession of the same and the consequences thereof the Clay in the false and unconsequential glosses to make mans rule and absolute Government the higest and last refuge of every man and that for a particular persons end though in publke trust for that trust was said not so much to be for the peoples benefit as his own These things premised I might omit the passages since as being fresh in every mans memory but at the desire of some I shall go on in the way of a cursory Historical Narration repinings and grudgings by and from the actions of the King and his Ministers growing high so that it was not thought fit to proceed without some force ready for fear of insurrections which were indeed desired and therefore the people were afflicted that they might rebell and bring themselves into slavery The King having received the platform of alteration of his State from Thomas Earle of Strafford he is made his Agent to keep on foot a strong Army in Ireland who to speak truth were a company of men fit for as high an attempt as they were intended for but being Jesuited in great if not the greatest part they might have double designs that is rather to embroile all the Kingdomes and fit them for the tooth of the Spaniard their universal Patron then for the Kings absolute settlement in England whom they truly knew not to affect the Popes interest further then it stood with his own which is truly the Maxime of all Princes however they carry it Upon the confidence of this Army he is fooled into a quarrel with the Scots and was undoubtedly made beleeve that to let the Spaniard land 10000. in England was the only way to set all right and Wentworth a man of depth of policy and courage might
interests for they were corrupt Oh you that are in power build not with such hay and stubble still for surely your work is like to pass the fire But assuredly a Kingdom Hereditary is far before any other Kingly Government where the Nation is small bounds large and spirits content for Peace is most durable in that Government And that will give Riches and the people shall have ease and plenty and grow numerous for emulation the mother of discord is restrained at least But then the land will be too scant and that Nation must fall upon others or break within her self or transmit Colonies Now Democracie must be in War abroad or else she breeds Feavers in her own bowels Yet Aristocracie and Oligarchy seems worse as partaking in more selfish interests but assuredly in all they are best or worst as the men Ruling are 6. Whether the acquests of Kings belong to the State in Case of alteration of Government SEeing now alterations are incident to States it may be justly Quaeried whether what is gotten by the Prowess of a King or Marriages come to the Supreme power Governing or return back in such Alterations or the Heir Naturall to enjoy them The answer is easie for all these things rest in the King as King as they were acquired whether in an absolute or limited State they go to his Successor Politick not Natural not in the ordinary course of inheritance but according to the Transition of the Crown how great Jumps soever it take and this person dies not so that it is evident the supreme power hath all the acquests and rights whether Warlike or Civil as by Marriage Permutations Emptions of State or Mortgages Real as Cautionary Towns So that this Change of Government hath not divested England of any Title to ought due to any former Kings as Kings of England whether in Ireland France Castile Cicily Cyprus Hierusalem united Provinces or else where And should Kings come in again sure they would not hold the intervening settlement of a Reipublick a Bar and the Reason is evident for they have the Supreme power and are as Capable to give Protection and enforce Obedience each as other in consideration of Reason so there is no inconsistencie in the thing 7. Whether better to be Governed by Laws or without HAving seen the Governors let us see how they are to Govern I take it that the same reasons against Arbitrary Government in a King will serve for a State for grant a Choyce of the most excellent men in knowledge and Justice Yet can we say they shall be alwaies such or those that succeed them therefore no doubt it is better to be Governed by good Laws then good men taking care that those Laws be executed under severe punishments 8. Whether better to have general or particular Laws I Now must come to the hard task of all Polititians That is to set the Medium of power in Magistrates wherein it is plain that to tye a Magistrate in any Government supreme or inferior yet administring Justice to the very strict letter of the Law is to have all the safety of the Commonwealth shipt in a Vessel without sails or oars slip but the letter and no Magistrate can meddle Therefore generals must be the way but limited they must be or else your venture is as much on the other side for to give him no bound or too much is to put him into a vessel overladen and the sail too full which upon every gust is ready to sink or be o're turned or run under water Now to pass this Scylla and Charybdis is the hard work in the first settlement That the supreme Magistrate hath his due boundary and after for him so to dispence to inferior Magistrates that the equal Temperament in every part may assure the safety of the whole England before the late fatal infusions into King Charls his head of the absolute power due to Princes Jure Divino whereby they were rendred accountable only to God boasted against all other Nations of the happiness of all these Governments in a sweet and admirable admixture of power for they had the freedom of a Commonwealth the opulency of Aristocracie the glory of a King Yet he so bounded by the Laws and so watched by the Emulators of his glory the Nobles and by the Conservators of our Liberties the Commons that it was hard for him to break Yet break he did and that so suddenly that it was evident the settlement we gloried in was but as we say A last gasp to the decaying state of the Bastard William so called the Conqueror And now is the time for them to whom God gives the Honor of a Settlement so to mould and temper Government that it may be most durable which is the glory of a State Now to do this aright after the Assurance that nothing be done how politick or advantageous soever it seems contrary to the light of Christian Doctrine I come to the difficulty abovesaid that is What Power is to be committed to the Magistrate whether Supreme or Inferior respectively To which I answer generally That the Magistrate whoever he be that is intrusted ought to have more power then it s commonly requisite he should improve that thereby by acts of Grace he may endear or suppress as occasion shall offer The Supreme thereby obliging all parties as well inferior Magistrates as other Subjects the inferior Magistrate to engage the equals in all but Magistracie and all the vulgar and that without punishment from above or scorn below For it is evident there are ever ambitious or insolent Spirits who if the Magistrate be tyed too streight will draw him to the end of his line and then dare him I wish from my soul Magistrates were all wise and just fearing God and hating Covetize but in the choyce of these men for interests it will not be so therefore I meddle not to prescribe rules as some do for a man who prefers private interests but him that onely and principally fixes himself and his endeavors upon the advance of Publick and Common good therefore to them I address my self with this Caution That the great ruining danger is in times of Commotion to be over strict beyond late presidents and Examples for that blows the coals of Sedition yea sparks to a great flame especially if publick ruins build private fortunes so called or partake with any selfish interest They therefore that are in Supream trusts and would settle or continue their Governments quiet must themselves in their places and whom they impower respectively with not onely faithfulness and diligence but also wisdom and discreet activity moderate that power which may be lawful much more that which is exorbitant or but to be used against persons exorbitant that is violent Rebellious and that in acts disturbers of the Peace for against such to spare one guilty is to venture the destruction of a thousand of innocents In evident just things
put to sell his Freehold all which are argued for with much nicety little Christianity Now as for the benefit of the Commonwealth the Law put the King into possession of others though by matter of Record so it kept him in the State of the Commonwealth for for Lands Jure personae or hereditary at Common Law the rule of Law extends not to it as I conceive therefore the King cannot be disseised and many other such things as the goods of Felons murderers c. which is or may be just in murder in some sort but in no case in Felony but they ought to go to the person wronged and in manslaughter and defence of a mans own person there ought to be no right to the Checkquer not in the Self-defence at all and in the others it ought to go to the party for if the Law in forceable strikeing give dammage and more in wounding and more in Maihem then most in killing where the life of the criminal is saved That of Deodands is in the Law and I see no warrant for it but the meer allusive equity of the Judicial It is also said to be a part of the Kings Prerogative to have special Iudges to try the right of his revenues as is the Checkquer and the differences of his immediate Officers and servants as the Steward and Marshal of his house and instead of Action against his person The Law by the Ordinance of Edward the third for honor sake framed it in nature of a Petition but the Process was as against an other person and so if Iustice be upon that it is just otherwise not it will also admit no wager of Law against him and which proved a great abuse and was unjust and is no way either honorary or necessary he did take men under pretence of being his debitors into his protection to the overthrow of many particular persons and universal detriment thus was Derogative Again Judgment was never final against him but with a figmentitious advantagious evasion of a saving his right and this was also new and not necessary I come to two main and principal steps to the eminency of Prerogative alwayes afforded the Supream power which are first That the King hath by his publike trust power to do whatsoever there is no Law against So that from hence hath arisen the obstructions to Laws upon new Causes namely setling that in the Law which was before in the King and so abridging the Royal Tenure By vertue of this he created Corporations and made Denizens The other was from Gods appointment to Moses surely to appoint places so called of Priviledge like Cities of Refuge but undoubtedly this was a civility betwixt the Kings and Popes to raise a benefit to the King by priviledging That Charter had many Fees and then the Pope made it by allowance a Sanctuary and so secured by both powers what can be doubted that must be just where Moses and Aaron joyn and these men both Pope and Prince did well they saved the life but squeised the purse and none affoord such milke more freely then Rogues and Whores as all Histories evidence This is the summ of all the Prerogative so called that I in this haste remember just or unjust that the Laws of England hold forth The three main pillars upon which the Edifice of Prerogative stands all these being but the Ornaments thereto are the absolute power to make Laws War and Peace and raise moneys Except in some few scattered judgements arising upon Emergencies and are not indeed worthy the name of Prerogative though in our Topical heads of Laws they be so ranked but rather priviledges or Royalties many of which were obtained by Subjects for what a Subject may enjoy I count not Prerogative therefore not Copning of money c. nor Royal fishes nor a hundred matters of the like nature and wreck is generally detestable and the Royalty of grandage abominable but the generalty of them are justly belonging to all men with the Supream Majesty especially those favors of errors in pleadings c. Now this Legislative power was never in the King nor no reason it should which alone shews the Kings in England never was since the establishment of the three estates the Supream power for the makeing of Laws was alwayes since in them as the body Representative of the Nation and so the Lords and Commons were put as a Bar to invading Prerogative Next for war or peace it was not in the Kings power his Knights were bound according to their Tenures but not otherwayes and the special of them not performing their service were to be fined nowhere but in Parliament The last of them which are the sinews of the war were always in the peoples hands never denyed by any King however subtilly obtruded upon as by loans privy Seals c. which were always declaimed against and damned by Parliaments These were and are necessary to the Supream Power but never trusted to Englands Kings a sure sign the Supremacy was not in the King he knew it necessary to aggrandize his power and for an absolute subjection of all interests to his to claim that these were incident and appendixes to the Supremacy absolute which he aspired unto And though the Forts Ships Magazines and appointing Judges Governors Captains c. were actually in his power yet hereby it is plainly seen to what end and how trayterous they were to the then true English Interests who stuck to the King against the Parliament in this war but that controversie is besides my task here Therefore I proceed and say that it is necessary still that the total and absolute Supremacy hath these powers viz. of making or giving forth Laws making Leagues offensive and defensive denouncing Wars and establishing Peace and also to raise moneys Now this I know not denied by any publike and approved Judgement but these men have their bounds their limits also for general common and publike good is their limit their chain and to see the end of this it is fit next to see 12. Who is Judge of publike good and his Rule of Restraint and whether it be fit to admit this absolutely in the Supream Power THe Kings formerly were not unskilled in the issue of this mystery they boulted out what others will bake who ever eats it Now it is plain this also is required in the Supream Power for it is impossible to settle particular Laws sutable to each particular occasion for in the corrupt state of man as the Law is profitable or disprofitable so it is rellished as for example in an equal rate the just man likes the equality and so doth the covetous but he saith no rate at all and if an honest Miser can be he approves equality but he repines at the payment Now the boundary is evident publike good and of this in the manifest parts of it are all men Iudges for though in transactions of the high affairs of State the progression
parties of King and Parliament ibid. Two speciall parties Presbyter and Independent ibid. The principall differences generally discussed pag. 56. and 57 The doctrine Episcopall and Presbyterian the same pag. 58 The Parliament upon prudent consideration do not fully approve the Presbyterian way ibid. The reasons ibid. A main error held by Presbyters pag. 59 The Congregational way rather allowed ibid. And the reason ibid. The objections against it pag 60 The Army new moulded in a dangerous season ibid. Naseby fight and the disadvantages to the Parliament in reason ibid. The prosecution of the victory pag. 61 The King comes in to the Scots ibid. The Scots return ibid. Independants how thought on c. ibid. The Army seise the King at Holmby ibid. He is prudently wrought into the Isle of Wight pag. 62 The Armies interest questioned ibid. London Prentises assault the Parliament ibid. Generall Risings in all Counties ibid. A great insurrection at Norwich with an extraordinary providential issue p. 62. and 63 The Navy revolt ibid. The Presbyter joynes in the design ibid. The King set at liberty prudentially in the Isle of Wight ibid. The mannagement of the plot ibid. How advantageous to the King ibid. The Scot invades England to necessitate continuance of the treaty ibid. Colchesters Siege ibid. The Parliaments Armies streights and patience the Scots routed p. 64 The Army march to London ibid. Divers Members imprisoned ibid. London Garrisoned ibid. The King questioned and executed ibid. The Kingdome made a Republique p. 65 Opposition to the work fomented with the grounds of it ibid. All arose from the Kings party ibid. The Levellers rise ibid. Levelling in all the various Interests of it as evil considered p 66. and 67 Just Levelling considered p. 67. 68. 69. as it relates in the whole to a just settlement of the Nation ibid. The divers grounds these just Levellers had p. 69. and 70 Manifesting the difficulty of due reformation in the Nature of interest corrupted ib. The scandalizing of authority under availed name disallowed p. 72 General complaints considered ibid. A consideration of the incoherency of Christians Lives and Doctrine ibid. The Parliaments faithfulness in general ibid. Obstructed by particular interests p 73 Some considerations of some Laws or statutes new made how tending to the priviledge of the people ibid. Consideration of Engagement ibid. Consideration of trials by extraordinary Commission p. 74. and 75. Wherein is considered The holding up the hand ibid. Opening the doores ibid. The parties whether to have councel or not ibid. Whether the Jury be Judges of Law and how c. ibid. Gaoles and their evils briefly considered p. 75 Maintenance in prison p. 75. and 76 Arresting by armed power considered p. 76 Dilatory Pleas exploded p. 77 The reasons of making the Laws difficult ibid. Contrariety of Laws resolved ibid. Kings of England had not the Militia p. 78 Consideration what is the Law of England c. p. 78. and 79 Want of work-houses and the reasons p. 79. and 80 Particular Law-books examined whether Law ibid. These greivances not yet remedied p. 80 Errors in all states and conditions of men ibid. And the most visible reasons of some ibid. Lawfulness of Impropriations questioned p. 81 The Objection against the present Parliament ibid. Counsel of State considered ibid. Corrupt Interest still makes Corrupt Officers p. 82 Taverns Inns Alchouses the Nurseries of all vice encrease p. 82. 86. and 87 From these Defects Governors opposed ibid. Civil Apostacy as well as Ecclesiastick agreed ibid. Christs Kingdome desired till then a Rational prudential settlement ibid. Saints priviledge ibid. Their submission to all Government p. 83 Gospel good workes what ibid. Christians bound to the Law ibid. The vanity of the Amusive part of Civil Government simply p. 84 Court of Chancery considered and what is the proper matter for that Court p. 85 Some General considerations of legal grievances p. 86 Necessity of setling Schooles p. 87 And regulation of apparel ibid. More consideration of legal Nicety ibid. Speedier Law in proper places necessary p. 87. and 88 Magna Charta and the Petition of Right how the priviledge of the Subject considered p. 88. and 89 The way to settle the Nation propounded p. 89. and 90 Who to be used in setling the Law p. 89 and 90 Excellent reason in Englands Law p. 89 Evidenced in particular cases ibid. Gods Law to be the head rule ib id Consideration of discents of inheritance by a double portionaccording to Gods Law or as in England p. 90 Who the great opposers of due reformation in the Law and practice c. p. 90 Divers conversation of Christians to their profession ibid. A serious Caveat to all in power p. 91 The extent of the Engagement considered ibid. Assizes in Norfolk held in an illegal place p. 92 Some matters concerning the course of Error in Criminal trials remembred ibid. A great abuse in Vnder-sheriffs ibid. Evils of Law suits worse then ever p. 93 Something fit to be done considered to answer so many Engagements ibid. Difficulty of National reformation ibid. Danger if Reformation be not evident of strange returns ibid. Considered from several opposers ibid. Gods admirable workings for the Supream powers of this Nation ibid. This ought to raise hearts to serve God the more ibid. Not the Author of a work but the nature and usefulness to be regarded ibid. The end of the first part intimating the general end of the second ibid. Desire of a blessing from God in it p. 95 Courteous Reader amend these faults of the Printer with some false stops which the Author could not so well correct nor the Printer in so much haste as was in this desired PAge 2. line 50. read most p. 3. l. 9. r. ware and l. 56. r. our p. 14. l. 26. r. promises p. 17. l. 28. r. Grandeurs p. 20. l. 45. r. mother p. 21. l. 45. r. that p. 22. l. 53. r. Annate and l. 56. r. still p. 31. l. 26. r. change p. 34. l. 5. r. nought appeared p. 37. l. 22. r. at least as to p. 42. l. the last but two r. Councellor p. 43. l. 21. r. exacted p. 44. l. 47. r. Mystery p. 46. l. 3. r. that was was Kings p. 48. l. 13. r. Acres of the Tenement p. 49. l. 10. r. Christian Knight and l. 47. r. first p. 53. l. 43. r. barques p. 55. from the word there l. 10. to reject l. 12. put a Parenthesis and l. 27. r. while with a little w. p. 58. l. 51. r. impowred p. 67. l. 21. r. to leave each p. 69. l. 11. r. a Hanck p. 78. l. 37. r. Hanck p. 82. l. 35. r. policies p. 85. l. 22. r. course p. 87. l. 15. r. effronting and l. 18. r. universal p. 89. l. 19. r. force p. 91. l. 31. put the stop after value A SVRVEY Of the Houshold of God on Earth c. THe Lord God for his own glory and the accomplishment of his determinate
otherwise He that will rule let him be servant be not like the Princes of the world but yet this as most cohering with naturall reason and the custome of Princes and that the decree might be fulfilled was accepted by the Princes of the earth and now the Crozier and the Crown went together in England for the Princes were generally zealous of the Law after once admitted it may be politickly but I judge not although that from the power of the Romanes here so long ruling there was a foundation laid of good and just Laws and holding much consonancy with the Judicials of Moses yet the many barbarous and irrational customes and usages especially those that were unchristian were by the Kings with the consent of their people abolished and extinguished and there was one generall Law received which was That nothing was to be done taken or holden for Law which was contrary to the Law of Almighty God meaning the Law of Moses which they took to be the speciall Rule of Morall Wisdom and if once sanctiated by the Bishop undenyable if not infallible and though it is like as in all other Ages and places the alterations of old and long received Laws and introduction of new was difficult and dangerous yet this Age being a warring Age and Souldiers little book learned and yet the Princes of the earth the vulgar people were far less so that the many followed the mighty and obedience was more pure then then now though more easie to be corrupted so that the Kings beleeved the Bishops the Lords the King and the people the Lords and thus it was that whole Nations even on a sudden became professors of Christ I say not Christians and though the Monks of Bangor would not seeing the pride of Augustine submit to him yet the King converted power effected what prayer would not but this bred a worse stir after for these Monks still living in their simplicity and preaching faithfully requiring nothing but being contented with what the people gave were more pleasing to the people then they who were not only imperious and proud but covetous also so called in requiring and enforcing Tythes according to the Mosaical Law and this was tryal enough for generally men love to be of that Religion that costs them least Parishes were not yet known they had not in these dayes nor many hundred years after such clear light in Christs Discipline as to finde that civil prudential thing in the book of Religion but men gave who would give their Tythes to the Ministry these in each County or Diocess or Precinct notwithstanding all learned oppositions of the so called Clergy were treasured in common the Bishop if any were as the High Priest or Priest had his portion or Tythes out of the whole and the Pope was to have his Tyth afterward called Annate or yearly Offering from him besides first fruits paid originally by every Minister or Monk for they then generally were the Ministers though not only to the Bishop upon his introduction and the Bishop to the Pope all pretending sâ—…ill after the pattern of the Jewish Church So also was it in their Courts by way of gradation admitting appeals and that at last to the Pope himself which though upon the first ground each Prince ought to have allowed yet some Princes finding the evils in time by alienating the hearts of their Subjects from them subjugating purse and person to a stranger for so high these Popes at last went other Princes spying the rents in other mens Dominions avoided it in their own so that they either never allowed or sought to avoid if before admitted such appeals upon this nevertheless at length sprung up controversies not only between the Pope and other Princes but also between the Princes of the Earth in the respective Nations of the world and the Bishops both also using the same arguments of duty and allegiance the Pope by reason of being the Vicar of Christ the King the same the difference was the one was in Spirituals the other in Temporals this hath made the Bishops not only combine against their Soveraign for the Popes Cause but even the people for some pretending conscience have served the Popes and Bishops lusts against their Soveraign and many times either for necessity or necessitated by superstition against their own as well as the Kings Interest And thus by degrees what the Spirituality as they termed themselves had obtained in other places is granted in England and the marvaile was not so much at what was granted but that no more was when even the Crown it self was holden in homage at last of the Popes Holiness so called And now were the people all fitted to receive even what should be imposed upon them I cannot but observe again that these Ages were very ignorant so that the Church-men for want of others were without scruple commonly if not generally admitted the Seats of Judicature in the ordinary Law Courts of the Kingdome and were the prime men of the Kings Councel so that there was nought to hinder but only the pride and power of some warlike Noblemen who in emulation still opposed the Bishops and as the Age grew more knowing began to stickle against them But now the pride of Rome come as it were to the highest pitch even as all other things have their rises stops and declinings even so had this but that it might not fall alone nor want strong supporters against the pride of Princes which Rome thought would be ready to push at her she drives on a fury in spurring the people to depose their Princes upon her Excommunications the dire effect of which all Christian Nations so called felt more or less though more especially Germany so this our England and truly the people might well be apt enough to it for that most Princes had as their Rights of Prerogative taken from all but their Souldiers whose swords upheld them in their Majesties and so they upheld them in their acquests be they good or bad and from the Priesthood then generally so called whose superstitions should work an awe upon their spirits all that could be called an immunity much more the Rights of a free people and that people should be slaves to their Prince is not found in Reasons Lesson and that any prime Nation in Europe was the Conquest of any of their Kings I read not true it is Castile conquer'd all the rest in Spain so the French were reduced into one so others and so our England the conquer'd yet in length of time enjoying almost like grace with their fellow Subjects but with us in Wales we were made one This caused oft and dangerous tumults wherein still a Priest bare his part but things of long date being incertain we shall now come to look at the last great mutation in this our England and carry along the business of the Commonwealth from the time of William the first sirnamed the Conqueror as principally eying
in reformation then needs she must and truly the Spirits of most men would have sunk under the burthen of her undertaking and had not God wonderfully preserved her she had perished an hundred waies she thought not fit therefore to stir all at once she was troubled with some risings every moment and to have attempted such a work as these men preached up it was not only attended with difficulty and danger but was accounted tending to Anarchy and sedition which was so earnestly laid to their charge that some of these suffered as Traytors and the Laws were as if not more spitefully used against these so called Brownnists or Sectaries then against the Papists they were few in Number but generally the cheif for zeal and knowledge among the common people who instigated the final and total casheering of the Pope It is observable many Papists were found Traitors and abettors of Treasons against the Queen but not one of these nay they died in her quarrel they taught as it was objected Treason but practized nought but prayers and patience yet even these suffered as the rest and therefore being over-burthened in spirit they retired out of the kingdom into Holland that is the united Provinces whence they dispersed the books of their opinions all over the kingdom whereby many were as it was called poysoned and corrupted and now they handled freely all the controversies wherein they dissented being under no lash and shewed the Bishops of England in their Lordly power the Clergy in their lazy set services and the people in their prophane mixtures to be no better then a mockshew of Christianity that all their pretences of Christianity was but formal their learning in the Scriptures was but natural Sermons rather rethorical flourishes then Soul-saving doctrine and indeed the lives of these professors were worse generally then heathens the influence of the Popish apostacy having so corrupted all the parts and Members of this body that no sound part remained neither Prince Magistrate Minister or people or the Laws themselves holding forth ought of the government of Christians or whereby they professing Christianity ought to govern themselves and the Magistrates neglecting their office sin nourished and vertue disdained nought 〈◊〉 but pride and vanity luxuriousness and villany the seats of Law being become the places of oppression and the Schools of learning the shops of wickednes hereupon they were cried out upon as Enemies to Government and haters of all learning yea despisers of God and all goodness for they were sacrilegious robbers of Churches and this because they not only held unlawful the honors of Bishops and all that temporal greatness which attended now the so called clergy but also all set stipends and parish maintenance whether by way of tythes or otherwise many other things concerning politike and ecclesiastick government they held forth which the world could not recieve at least did not no not their brethren in enmity to the Pope and Church of Rome and it is truth that though the Queen had separated from Rome as her predecessors had done and that not for the respects they did which nevertheless were political enough for that hereby all the Subjects both of the Clergy and Laiety held none paramount the King which before they did in the Pope as before said and thereupon had arisen many rebellions but for conscience as taking him to be an Enemy instead of the Vicar of Christ Jesus yet she left all Ecclesiastick honors and promotions Courts Jurisdictions and Dependances in the same condition as before yea took the first fruites of Bishopricks and dues to Rome as due to her successors by a supposed right of the Crown together with the right of investitures and many absolute Popish superstitions were admitted still as Churching of women Mattens and Evensong all continued in the so called Cathedrals or Churches that were Bishops seats Vigils of Saints and many holydaies rhe solemnity of Christtyde after the Popish accompt from the First of November to the Second of February Times for prohibition of Marriage without a license or Popish dispensation and in the politique Law the wicked prophane Jeroboam like so called justitution of saving Thieves and Manslayers from the Gallows to serve at Gods Altar so called with many other things which we shall have occasion to remember after So prone and ready are even the zealous of men and women to be content to set down quiet and the dilatoriness and chargeableness thereof was not at all eased and though many good Laws were yet all the edge was taken off except against Papists and the now so called Puritans sectaries or factionists for the good old Laws against excess were much laxed and what was never known before two whole subsidies were in one Parliament granted to the Queen God blessed her infinitely and her people riches with trading increased greatly and the hate of Spaine had made her potent at Sea she was great relief to the distressed Hollander and a sanctuary of safety to the Poor Protestant through Popish cruelty no longer able to live in France and truly if reports be true her Court was that of the best nurture among all the Princes so called Christian and though her successor James were a wise Prince and well seen in all the controversies of religion for a King yet he made little alteration he loved not Puritans but he durst not hate them he would not promote them nor exasperate them and in his latter daies he grew too flexible towards Papists and offered indulgent Articles upon the treaty of a marriage with Spain which he much hoped and labored for as was thought being tired with their continual practises against him others believed thereby to strengthen himself against the Puritan party which notwithstanding all Court policies and Law devices did increase in all Counties and some did dare from forraign parts to tell their mindes to him plainly while others at home did in Parliament with a little boldness stand upon the priviledges of their house So that King James thought it not safe to call them too often But under pretence of remedying what was amiss or defective in the Law he lifted high the Courts of Star-Chamber Wards and Requests but especially the Councel Table And that he might not stand in need of money if possible aliened many of the Crown lands and loosing the good Laws concerning apparel altogether opened the door to excessive vanity in apparel which yet inhansed customes so that I have heard what was thirty thousand pounds at highest in the daies of Elizabeth was at the lowest two hundred thousand pounds in the daies of James He was a wise Prince and of great learning but as unhappy in the improvement of it to the end he aimed at as Hannibal was said to be of his victory at Canna But his procedures were with great judgement for he exalted those called common Lawyers the then supposed keepers of the English liberties to an imminent height but those
otherwise received by the vulgar and multitude The Independent so called being burthened both by Bishop and Presbyterian with all calumnies as the Presbyterian being envied much by the Bishop being as his Opponent and by all their followers and that just as the Papists had in the first Reformation branded the Church so called of England governed by Bishops but denying the Supremacy of the Pope and therefore cursed by them as Hereticks Schismaticks Adulterers yea Heathens for by their rule we had no Ministry no Sacraments and so consequently no Church because not holding of their head the Pope And in the word of a Christian so doth the consequence of the Episcopal and Presbyterian Doctrine brand the Congregational way for they say no Ministry but so derived as by Succession from the Apostles and that admitted they must hold none have power to administer the Sacraments They all differ also about Government in the Church the Bishop and Presbyterian much what alike both indeed making the officers of the Church the Church as Rome doth so as the Church taking the Government solely into themselves count all other Christians as Lay-men they had as good say Heathens if throughly scanned and they onely the Clergy the Priests of the living God so indeed claim a magisterial power by the same Rules Order Arguments and Distinctions and Differences as Rome doth yea over the Supream Magistrate making him their rod of iron to thresh the Nations that is all opposers of their Classical Edicts These men gave the Magistrate no more power then the Pope for as he so they were the Church the holy ones the Saints at least representative To these men at first gave great regard but many wise Heathen Lay-men feared these mens unskilful lording it over the Lords Inheritance for they presumed these rash Novices in civil Discipline would drive higher then the Bishops who had gone before them Surely if the Bishops men trained up at the Courts of Princes after they came out of the Halls of Lords for the Chaplains of great men came generally to Episcopal Thrones or Chairs and so had still had a reflection upon the order of civil Government and had undoubtedly improved their natural as well as so called spiritual Talent if they had lost themselves and ruined Government through error in Judgement c. or dependance what would these who came but from the Pedantical Tyranny of the Universities and foolish idiotisms of puer-putes I intend this to meer Scholars and give them but their own language which I presume they cannot but apprehend These considerations made the Parliament at Westminster while yet unshattered otherwise then by defection base unworthy defection they should as men have had resolutions worthy their trusts but their cause it seems gave no courage at first to declare against these powers of Parishional Presbyteries to this effect that they did not intend to raise nine thousand odd hundred Seats of Judgement or Judicatories that is so many as there were Parishes of England the least of which should have more power then the Parliament of England And I think few men knowing but will agree that the name onely of Bishop should have been suspended or extinguished but the same power yea that so called by the Presbyter unjust being exercised by the Bishop the preheminence being now in the Presbytery the same had been allowed and indeed it pleased God so farto give way that these men were throughly tryed for the Parliament did not seeing all at once constitute Elderships to be chosen and improved some men whether intentionally as supposing that Discipline best or so called politickly to discover their temper I determine not But these men presently fall hot upon the work and what had but just before ruined their predecessors the Bishops and been their stumbling stone namely the Non-Conformity of the now called Presbyter becomes the Presbyters rock of offence against the so now called Independents And to assure this after the manner of the Apostate Church they call for the secular power or the power of the secular Sword and an Act was said to be prepared they talked much of it That Non-Conformists should have a liberty to bear office either in Church or Commonwealth It is truth the rigidity of some its probable seeking not onely the Supremacy of power but an addition of wealth for by them also were sought outward honor riches Lay-power so called and what else was of the old Babels trash to adorn the Church and by them called the Churches Rights bounding it to the so called Priesthood was by these as much eyed as by the veriest Babylonian in the world and the Commonwealth of England still made the Stalking-horse to their lucre and the base men of a rout of people so called also Cleri or Clergy men in whom if St. Paul left the Qualifications right set down were rather the Priests of Bacchanals if not of Bacchus then Pastors of rightly constituted Congregations and these altogether take advantage of an Ordinance made for Tythes to give the denied treble damages they also upon the same grounds get Acts Orders or Ordinances for uniting Parishes and could inform untruths for advantage which appearing the union is for malice not conscience of the complainer dissolved for could the persecutor have had his Tythes but for half value all had been whist but the Priest saw not where such agreement would rest he might undo the Church that is his Successor by that means Wills Probation fixed as they were under an incertain irregular way and illegal till established they continued the Marriage of persons as a Sacrament to be the proper work of the Priests Baptizing Infants the eighth day held if not by the wisest yet by the most of necessity to salvation Yea some held That the Sacrament of the Lords Supper was a converting Ordinance and so to be administred to all to whom the Gospel was to be preached namely the most prophane of any This to many seemed rather an allowance Politick then Religious to gain a party then to give forth a principle untill some leaders were found publickly to avow the Tenent but this licentiousness lost them the best and most considerable party I shall not further wade in these Controversies nor had I gone thus far could I have otherwayes well cleared what is to follow Namely that the Magistrate eyed these Tenets as sorting with or against his interest and accordingly seemed to allow or disallow The Presbyter struck so high at the root of Magistracy making them their meer Executioners and bringing by Text of old Law what was given to the Priests more imperiously into the Cleri and on the other side the so called Erastian giving all to the Magistrate not as of the Church or in the Church but meerly from the Civil Jurisdiction and totall subjection of the whole course of so called Priests unto the meer will of the Magistrate either by doing or suffering not allowing an
of a body of Law out of all Laws making Gods Word at least generally or the Moral Judicial that is that which in point of Reason is equal and just to the Samaritan or Egyptian as to the Jew to whom yet an Hebrew was an abomination Now it is worthy serious consideration who to imploy in this work to imploy Lawyers is to give no satisfaction to the people jealous of these men whose interest depends so specially thereon not to use them is to stir up the prime men of parts and of vast revenues to a contest of great importance and some think not of evident necessity for there are many wise just and outwardly religious amongst them out of Englands Law-Books its desired it should come the head Rule of Gods Word and Truth preserved still in the eminency of Power and then let the Rule of just and good be by such of them as you shall appoint and such others as you shall chuse to commissionate with them drawn out of those deep fountains of Wisdom then which none are more excellent generally nor more divinely rational and laid open to the view of each one to judge I shal give you but one example we all agree that the civil Law here raigned originally and by it the next of kin whether of fathers side or mothers to whom the inheritance did by Law descend was Guardian of the Infant The Law of England now is the next of kin to whom the inheritance cannot discend is Guardian the reason of the Civil Law was because alliance of bloud was the bond of Love and who would take greater care but this Law of Nature was found to be most unnatural many by accidental passions being corrupted for pride covetize or envy sake brake the bonds of Nature and for the inheritance sake became the murderers or instrumental to the murder death or captivity of such infants thereby to keep the estate for ever or gain to themselves the estate and inheritance saying this is the heir let us kill him and the Inheritance shall be ours so that it is evident Supremacy of Reason bare sway but the reason is founded upon the divine Rule but look at other cases which are divers and the reason divers and yet all hold force in Law and that for good reason sake As first The Law gives in some and most places all the Land to the eldest and the reason is because he is thereby enabled to give greater assistance to the King in his wars with horse of service as William the Bastard plotted In Kent there the land is divisible equally among all because all stand in equal relation to the father and where the Custome is its Law at this day A third rule is Borough English there the younger son had all the Land as least able to maintain himself there were no great evils found in these therefore these all stand but it s believed by most that were a double portion given to the eldest and no otherwise it might be the ground of a better settlement then this Nation ever had who it is agreed did never yet submit to that Law It cannot be denied but that it will take off much from the vastness of estate which is now ofttimes for many generations continued in the stock of noble Ancestors but t is answered That it will keep from the Gallows and other places as infamous and more miserable many noble and gallant Sprouts and Syences of Royal stocks who having as it oft falls out more active and ingenious spirits then the Elder brother and brought up by the indulgent Parent according to the rank and quality of his father he dead and either none or a small portion no way equal to his breeding but infinitely short of his birth as he calls it or of his spirit left him he being before fired with ambition is now madded with envy and in a kinde of desperation puts himself upon looseness and villanies to support his indigency This Law hath therefore much need to be seriously considered as also that concerning Estate in Tayl and Feoffments upon condition T is ageed none will be more able then the religious Lawyer in this part but as to the setling of Courts Fines Officers Fees Times of Trial Process Execution and the like it s conceived wholly unfit to have Judge or Lawyer impowred if holding places of profit actually or pactising in any Court under a Fee for the Nation complains not so much of the Law of property and right and wrong as in the discipline or execution of the Law it s found to be corrupt interest that troubles both Church so called and Commonwealth therefore in this let Lawyers object but others determine and that according to a Rule of righteousness namely for Justice sake not to maintain interest as hitherto the puny Clerks and unfavored Lawyer and young Attorny and heretofore some puny Iudges would be content with Reformation for they could not be worsed by the bargain No t is those Officers that have places from four or five hundred to ten or twenty thousand per annum that are loth to be drawn to the Standard of Iustice T is this and the like casts odiums upon just things under the name of Levelling destroyers of property despisers of Governments haters of Order projectors for Anarchy enemies to Caesar that is the Supream Magistrate we have seen and most do believe that many no way affecting Reformation have held forth just things only to deceive and delude and lull the State asleep untill they were fit for their design But these also admire that the State do not these just things to take away the colour of such mens aspersions and mutinous clamorous and hinder others from being drawn into such Toyls by too easie credulity while they after renewed complaints finde no amendments they hear and listen day after day and moneth after moneth but there 's no end of their expectation God hath changed and changed and changed again but their bondage is they say the same T is most true t is not possible to please every pallat especially when each pallat hath most visibly a disgust we are faln into many pieces God hath taken us and dashed us one against another yea now the Evil is come to that pass that the wound of carnality is most evident in the Envyings of Professors O what bitter enmity among those call themselves the people of God! and though Discipline be pretended its evident the root is Government the high-gate of Preferment eminency of Power multitudes of followers and the like Brethren is this of Christ Is this according to his Rule He that will rule let him be servant to all I cannot but apply to such heady ones that of Festus to Paul without cause to you with cause The knowledge of the world hath beguiled you You deceive your selves and others while you contemn all men but your selves and all judgement that agrees not with your opinions
and through the might of the Lord Jesus may so live here that we may raign with him in Glory for evermore Amen Amen AN ESSAY OF Christian Government Vnder the Regiment of our Lord and King the one Immortal Invisible Infinite Eternal Universal Prince the Prince of Peace EMMANVEL Presented to all them that bear Office and are impowred by God in the Government of Nations but especially to the Commonwealth of England and to all the Magistrates and People therein expecting and hoping for the Glorious Appearing of our Lord Christ Jesus Ezech. 33. 7. 6. 4. 7. O Son of man I have made thee a Watchman to the house of Israel therefore thou shalt hear the Word at my mouth and admonish them thereof 6. If the Watchman see the Sword come and blow not the Trumpet and the people be not warned if the Sword come and take any person from among them he is taken away for his iniquity but his bloud will I require at the Watchmans hand 4. He that heareth the sound of the Trumpet and will not be warned if the Sword come and take him away his bloud is upon his own head 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 English Reader READER WHoever thou art of what ever Calling or condition know God calls thee by his Judgements to a serious consideration of thy duty thy duty is towards him and those to whom he hath given power over thee They hold forth desires of setling the State and that both in Religious and Civil respects sincerely We all agree all out of order that which naturally draws most men is present benefit this makes some crie out for the old Government others one wholly new others to settle their Condition would patch and dawb and joyn iron and clay together I ask thus Is the priviledge of an Englishman and old Laws and carnal Interests above that of Christian Christs or Gods Laws and the inheritance of Eternity If so to them say so I am silent To the Christian Englishman I say I have propounded a Model of Christian Government I say not perfect nor according to that perfection which I do as I conceive comprehend but such as may be constituted to fit by degrees to a more pure settlement I intend not all should be as here set down it s but an Essay I have gone as neer the Original Law of England after the Nation received Christ as I could This if accepted must as in all alterations destroy many interests and advantage others All that submit in all things to the will of God will not kick against him in his dealings they will say it s the will of God I submit How it shall be done I leave to the great Councel of Parliament beseeching the Almighty to give them wisdom to govern the people rightly we are a stubborn Nation naturally where grace polishes look for assured help where wisdom settles you will finde no resistance Go on Worthies God is with you and good men are not against you chear their hearts go on to settle be not alwaies pulling down it s harder to build then destroy I know many of you then much more the people will think some of these Tenets against priviledge what the Magistrate to superadvise private actions be not disquieted either to think your care will be too great or the Subjects Liberty streightned The opposition is only to evil men in evil things and that when notorious the onely thing you all fear is Magistrates may abuse their Trusts To all such I say the Law is just still for the man punish him I shall not enlarge but in one word to the Politick man Sir I have I confess not stuck so close to the rules as many do at least of late but you may see I offer things as I think they may be now received to fit for better by degrees To all I say the intention of my undertaking was onely the peoples good but especially Gods glory who knows all our hearts and knows that I speak truth to whose guidance I commend your Spirits The Table to the Second Part. Chapter 1. Page 101. and 102. shewing 1 WHat is Monarchy 2 Its divisions 3 Whether Obedience be due in things unlawful and how 4 What if bound by Oath and that both voluntary and inforced 5 Limited Monarchy lawful and cautioned freedom or freedom contracted for due 6 The best way of gaining it by a Representative 7 Who and how to judge of the clashings or differences of the Representatives 8 The duty publike and private of Representatives as such viz. in their Trusts 9 The necessary issue of a Monarchy devolved into Tyranny Chap. 2. pag. 102. shewing What is Aristocracie Chap. 3. pag. 102. shewing What is Olicharchy Chap. 4. pag. 102. shewing 1 What is Democracie simply so called 2 Democracie setled in promiscuous choice 3 Democracie refined and that both in Electors and Elected 4 The end of Government Chap. 5. 102. 103. shewing 1. Wherein a Kingdom or Commonwealth precede each other negatively and affirmatively 2 Kings no weasiest to be corrupted and hardlyest reclaimed 3 Where a Kingdom hereditary is best 4 The evil of that in the issue 5 The evil of the three other sorts of Government 6. That evil and good is not properly in the nature of the Government but in the good or evil of Governors Chap. 6. pag. 103. Wherein is shewed 1 That States are subject to alteration agreed if so 2 That what was in the Supream Power as such goes along with it 3 That England hath right to Estates the late King had as King 4 The reason of all Chap. 7. Wherein is treated pag. 103. 1 That whatever the nature of the Government be viz. whether of one or more in chief Laws ought to be set 2 The reason of it Chap. 8. pag. 104. and 105. Wherein is handled 1 The evil of tying Magistrates to the strict letter of the Law 2 The evil of too loose a Rule 3 Magistrates in Supremacy their duty in this case 4. The supposed excellency of Englands last settlement and wherein 5 The reasons why Magistrates inferior must not be tyed too strict 6. A caution for them in Supremacy of power in unsetled times 7 Rules of bounding inferior Magistrates tendered 8 No Officer to be punished for executing the command of his Superior 9 Judges offences to be speedily determined and if he acts but for just things by these Officers not to be punished 10 Generally they that act legislatively not be permitted Judicial places Chap. 9. pag. 105 106 107 108 109. 110 111. Wherein is handled 1 What is Dominion Power or Authority in it self p. 105 2 What is the end as to others 3 The reason of mens subjecting to Powers c. particular good in universal 4 The various wayes of seeking it 5 The high respect given by Heathens to just
considered with the possibility of effecting it Chap. 27. pag. 147 148 149 Shewing 1 That to fit children for publicke employment is not dispriviledge 2 That if the Magistrate takes this care it s better then the Parents can be it eases him and ought to be submitted to the benefit is most to the poorest who are aptest to repine 3 All to be done by a publicke equal rule 148 4 Further considerations of the causes of unequall rating 5 The duty of a wise Magistrate to disburthen his Land when over-numerous 6 Setled wayes to make the work acceptable 7 No place or Person to be freed from payments 149 8 How personal estates are to be rated that equality may be 9 The end of all punishments publicke good Chap. 28. p. 149 150 shewing 1 That the Magistrate ought to regulate or give Rules for Families 149 2 The Jewish Husbands Power was absolute 3 Some men cannot rule their wives 4 Necessary to settle some Law to avoid known evils 150 5 The like for children 6 The like that Parents may provide duly for their Families 7 None to keep servants but such as are able to maintain them 8 All servants to be inrolled 9 None to depart c. without a Certificate 10 Birth and Age of children to be kept by a sworn Officer 11 Inholders power in their Family and duty to their Guests Chap. 29. p. 51 52. shewing 1 Parents heretofore naturally had absolute dispose of their children 151 2 They unnaturally exposed them 3 Their duty is to sustain them till fit for labour or marriage 4 Reasons that the Magistrates may and ought to appoint the Ages of Marriage 5 Contrary reasons refelled 152 6 The Magistrates power after set Age to allow the child their choice in some Cases and to inforce the father to some portion 7 The act of Marriage is properly the work of the Magistrate Chap. 30. p. 152 153. shewing 1 The municipal Law of England better then the Imperial Law in appointing Guardians and Tutors 152 2 The Magistrate yet to appoint the Guardian answerable for the value at the time 3 The discharge of such Guardian ought to be valid in Law 4 If a Guardian prove unfit the money to be paid to a publike Treasury thereto appointed which shall allow some maintenance 5 To appoint how inheritances shall descend and by whom division to be made 153 Chap. 31. p. 153 154. shewing 1 How Cities and Corporations or Towns first arose 153 2 Its fit to continue them 3 To inable them by certain Laws to maintain their Societies 4 These must be according to the nature of the place Maritim eor Inland 5 They must have Laws for all inhabitants according to emergency evil Laws that is where a better is seen must not be sued upon after confirmed but complained of and continued till a new one made unless absolutely destructive 154 6 Particular persons not to question or disobey a setled Law Chap. 32. p. 154. shewing 1 Customs ought not to be pleaded as Law till allowed by the Magistrate 2 They ought to be after allowance Published and Recorded yea Printed 3 A book so allowed to be kept in each place where the Custome runs Chap. 33. pag. 154 155. shewing 1 The Magistrate is to defend against private force as well as publick 154 2 A further consideration of the Magistrates war against internal vanities 3 The Magistrates Power and Duty as to observation of a Sabboth 4 A way to know the Masters diligence in a Family 155 5 A consideration what to be done with Heathens in that case 6 A consideration what to be done to Absolute Popish Papists 7 A consideration upon the whole whether the Christian Magistrate may go to war Chap. 34. pag. 155. shewing 1 That its unsafe to trust Strangers with Arms but Natives 2 The Reasons against it confuted Chap. 35. pag. 156. 157. 158. 159 shewing 1 All humane settlements how wise soever vain without a blessing from heaven 156 2 Absolute dependencies are the Nurses of feuds and jealousies 3 In case of civil broyls none justly to be suspected to be intrusted with Arms after dominion obtained 4 Otherwise all to be appointed to arms or works or paiment towards both according to proportion of estate 5 Wisdom not to charge many arms upon vast estates but to abate some for paiment and also 157 6 Towards maintenance of these all Lands and Stocks to be charged 7 Fit to allow abatement for money as for Land after discovery 8 Commissioners to be Judges and apportion charges out of lands charged arms where Rents issue out 9 Jurisdictions for this ought to be setled 157 10 The best way as yet to charge Arms. 11 All Arms to be Recorded and owned the Commonwealths 12 Fit men considered 13 A Military Oath fit both to Officers and Souldiers Reasons discussed 14 Other offers of Settlement 15 Some consideration of our present condition 16 The general way to root out heart-burnings 158 17 The vanity of meer Machivilian Policy 18 Pay considered for Officer and Souldier 19 Whether fit to pass at all in time of peace 20 How Officers are to be tried and punished 21 Some necessary power to be in Judges of Arms as in appointing makers and sellers of Ammunition and keepers of publick Houses of Resort as Tavernes Inns c. 22 An advice to Judges and Officers at Arms to be wise and strict in Order and Discipline in regard all Government receives strength from them 159 Chap. 36. pag. 159 160. shewing 1 The difference 'twixt an Appeal and an Inditement 159 2 How Appeals come to be wholly discussed 3 How fit it is to compromise both the interest of the Prince and Subject 4 A way to do it legally propounded 5 Creditors also to have a portion 160 6 The Error to want Commission alwayes to try all offences in all Counties 7 Deodands superstitious 8 Security in case of words threatning life 9 The benefit of this proceeding Chap. 37. p. 161. shewing 1 That violent presumptions and lesser suspitions are to be considered 2 In violent presumptions any one to apprehend a felon c. 3 In probable ones onely the Justice must grant a Warrant 4 In either of these cases no suit unless the cause feigned or a meer conspiracie 5 The Military power may assist the Civil Chap. 38. p. 161. shewing 1 The benefit of speedy trials 2 The evil of delayes 3 Prisons to be nowhere but in walled Towns 4 There to be reasonably maintained unless able of themselves 5 The Goaler to have his stipend c. 6 Treasurers to whom the States Attorny should account 7 To use their Trade in prison if it may be c. 8 Better restrain private Liberty then endanger the publike Chap. 39. p. 162. shewing 1 That one word viz. Bail be used for all undertakings for appearances legal or duties enjoyned to or by Courts 2 No bail in high Treasons but in misprizion 3 Speedy Tryal necessary here
agreeable to the Rule of Proportion I may say that the law of England did own this as its necessary pattern it is seldom denyed but if any do oppose or doubt let them first consider That no law in England was setled generally at least until the Pope had come to an obliging power and that agreed sure as he aped the Ceremonials he did engage a conformity in Princes as far as might be to the Judicials I shall now see the onely or main objections against the Judicials which may be reduced I take it to three chiefly First they were given to the Jew Secondly they are not or cannot all be performed by us for some were onely proper to the Jew some no way fitting this Nation for they were never received and there is a necessity of altering laws as vices encrease and grow more Obnoxious and also in regard the Judicials themselves are not all so clear that it can be said which are all the Judicials by reason of mixtures of Ceremonials with them Thirdly The Law of Christ is a Law of Love not Revenge to pray for enemies do good to them that hate us turn the other cheek to him strikes one and give the cloke to him takes the coat and go two miles with him enforces thee to one God assisting we will endeavor to clear these Heads and then in consideration of the particular Laws answer some particular Objections if any be seen needful Now as to the first That these things were immediatly directed by the Almighty wisdom to the Jew it is agreed But what doth this hold forth Sure onely this That the Jew was bound by them God having commanded them to that Nation that God required not obedience from the other Nations to whom he had given no command but that any other Nation might not use them it proves not But rather that those Laws as far as holding forth a rule of Justice to them which had no Rule or a better where defective ought by these Nations to whom they were known to be established is sure out of controversie while Legislators have Just and Good for their Rule To the second That they cannot be all performed by us Let us see the hindrances First Some being supposed onely proper to the Jew if we come to search what those be which we cannot perform there appear here visibly but the Law concerning the Trials of Adultery and Virginity we allow these ought to be inquired into and satisfaction given to the jealous spirit but we presume the special Law binds not That in case of Virginity being though natural yet as it were onely proper to that Nation and that by some extraordinary power of Divinity giving forth Testimony to his own Law The other simply extraordinary in regard the same water wrought so contrary effects so that the vertue was evidently not in the water and if we should search the depth the seeds though conceived by of the Adulterer could work no more then of a husband in the ordinary course of Nature There is also some particular Laws of two wives humbling of Handmaides with some others The next sort of Laws are such as are said hold no proportion with the natural condition of the people of this or other Christian Nations and therefore the Nations setled others and never received them To this part I answer That if it never received them there was no trial whether agreeable to the Nation or not Next if tried how doth this indisposition in Nations generally to the receit of particular Laws appear sure it is not by way of Antipathy so that the Nation fails dies or is removed upon receiving of them truth is we all agree Nations may be altered by Laws as the Romanes brought from natural savageness to a more moderate temper by Numa's Laws and the Lacedemonians by those of Lycurgus and they may be heightned and debased in spirit as well as moderated but all this rests not in the Law but the executive part or power of it Now that force will naturalize Laws it is plain why then not Reason It is evident Laws are the reins of Reason over the beastial part of man therefore now to the reasonable man any just Law is approveable as to his obedience he is a Law to himself and happily gives far less liberty to his particular beast his appetite be it to or in what it will then it is fit the general Law should hold forth and this hath just wisdom in it hereby are the good and wise distinguished from the vain and idle even by the subjection of natural appetite from whence it is hereby clear that to govern a fierce Nation the same Laws will not serve as to govern a quiet peaceable one But now our Quaere must be whether there be not be a just Law in the generality agreeable to the light of Nature set down in the Judicial heads of Law which will agree to govern all Nations by take two Laws for example Murder and Theft The first is the head-Law of mankinde towards his like the prime end of Magistracy being to preserve life The next is goods Now in this I finde no loose to the Magistrate but life must be for life if murder that is lieing in waite or as with us malice before hand in this the Magistrate hath no liberty to ingratiate in refined Reason it lies upon the Land if not expiated with the blood of the offender and so upon the City and so upon the Army But the chief guilt surely lies upon the chief Magistrate who is the prime in trust executive as to the fact this sure is and ought to be death in all Nations The like head-Rule of common Justice is in the Law of the manslaier at unawares and surely of this sort there will be no doubt nor of the expiation of incertain murder which ought to be setled rightly by an Oath of Inquisition c. But the great quaere will be concerning Theft which is the matter most or with the most to be considered as a grould of controversie For the most of Christian Nations have made it death yet the Judicial maketh it death in no kinde That punishing life with life and goods with goods c. in the rule of proportionate Justice Now this alteration is not without reason as things stand that is upon the received principles forementioned out of the seeming contrariety which Christians have gathered out of the Law Judicial and Apostolical For they have gathered that Christs Kingdom being of brothers there should be no servants that is no slavish servitude or bondmen which was the issue of not satisfying what was stollen with the Jew and upon this presumption they at last wholly abrogated as to Theft the mulcts of two three four or seven-fold restored for his life and took away his life now this being onely practice cannot determine the Controversie Let us then see the Reasons if any be whereof the most eminent
by Execution to this end it is fit as most think to give a general Oath of faithfulness in their trusts although they agree it true that the generalty of men are just for Righteousness sake oath or no oath they are the same And so on the contrary but in a Commonweal in the State that England is now in it is fit to make Laws of this nature probationers for a time in each County and by due returns of what is done which is so required but neglected for that in all things its noted only from all Acts and Ordinances and Instructions earnestly required for a day or two and then rejected which is a great oversight in them supreamly concerned for it is visible all men are by this beaten out of the road of setled obedience and spin out time to attend the issue and that falling out as of old they will never be forward to service after so for service in Arms the forward appear the other slack so in Assesments upon the true value the forward pay to the utmost peny the other half no punishment but talking no deal gently thus is all sense of obedience to Powers and Authorities destroyed by the Powers themselves and their self-ended Agents seeking to make parties for one such time and person-server shall in this corrupt Age have more followers then 20. honest men But I return to my task If the supream Power have due returns let them see and judge out of the severall experiments made what is fittest to be the general head Rule and way of the charge of Arms It s visible in our condition at present the generality of the Nation are unfit to be entrusted but for accidental evils there can no particular remedie be well prescribed the general Rule wisely executed must be the top stone under God of the safety Magazines in the several Hundreds for the publick Arms of the Hundred or the chief Town adjoyning or such head Town or Town of defence in a County to be the Magazine of the County these have all their objections yea in a setled state all or any may be useful and in a distracted one may prove destructive now the difficulty is but to find out the best as we must say for the present temper of the Nation for its certainly true to settle unity love and peace and root out the jealousies and acerbities which are risen in a Nation its fit to have all the same general Law the Supream Magistrate ought so to administer Law that it be the same to all his Subjects To follow the crochets of Machivilian Politicians by transplanting souldiers is to nourish absolute dependences such as free Common-wealths explode only raise to an eminency of power to do good or evil at lust which is tyrannical no a necessary dependance is all here hinted which though some may extend farther then others yet while its rule is not absolute nor its constant practice there is no just ground for exception by this its plain the Laws must be equal that is respecting time place person estate c. and so universal now for the leading and conducting of these whether to place the whole under a general Command absolute and setled of a known Military Officer or of a Civil Officer as now the Sheriff and the other to be setled by the Supream power as need is is worthy enquiry yet easie to be determined for if it be looked into both will be seen necessary for the setled Law of England alwaies allowed the power of the County to suppress Riots c. and against obstinate offenders and oppugners of the Publick peace therefore the chief Judges in the County must have an Officer duly constituted who shall see to the execution of the Laws next to give the ancient Colonel or the Col. of Horse in each County the chief trust in order reserving special power of making an extraordinary Officer in chief is while Commissioners for the Militia are a Court resident the most evidently safe way Now we are come to consider a necessary engagement and that is the pay of Officers and Souldiers of the Trained Souldiers of the Nation To this it s easily answered if in actual service pay is necessary the doubt is only in time of peace now not to distinguish of peace as setled peace and disturbed peace intervalls of peace and war or outbreakings or fears I say in the most setled times its fit the Officer have some setled pay be it more or less as the Supream power thinks fit I shall not enlarge concerning that what the age of Souldiers is is not so needful ours is the best way that requires an able man of body and of this the Commissioners are absolute Judges It s not much requisite with us what rank a Horsman be of especially if the State be mixt Monarchy so called or Republical for honours engage not to a dependance that is should not but as the Law requires For offences done in the field and as Souldiers let them be tryed by the Commissioners for the Militia without any form of complaint legal or in writing that is so necessitated and let the Marshal see the Judgement executed For all things which now the Heralds exercise in Office and which the Lord Marshal did take cognizance of they ought properly to come to the Commissioners thereto appointed in the County and that for the Militia is the fittest for Honours arose from Arms and with them let the Records of Honors remain The Lists of them enrolled Souldiers Those authorirized to make and fell Arms Powder and Ammunition of all sorts Let them also have the sole power of watching and warding but by a like head-rule of a proportionate charge and let them have a set way by a joint consent at Sessions or as is by the Supream Magistrate appointed to raise monies to pay in case of necessity such as are imployed by them for the necessary peace of the County Let them appoint Superadvisors of Taverns Inns Alehouses c. and let them have their Licenses from them if allowed by the Justices at Sessions and you may make a Reservation of a Rent to the State to defray charges but to admit that entrance to increasing gain is a visible in let to all villany in enervating the good Law under colour of publick benefit which is most carefully to be avoided as the shelter to private knaveries Lastly the rule of punishments that is the general Law of punishing mutinous refractory and disobedient Souldiers and that both in actuall service and also in ordinary musters and trayning or better to express it appearing in Arms is to be considered and some other way thought of especially for trained Souldiers who are not in constant pay then cashiering or taking away of Arms for the despising of Arms is yet in mind and the honour of the trust of Arms is unknown it must be corporal punishment as whipping with cashiering some incorrigible rude unworthy
Transubstantiation not Consubstantiation for they agreed the whole Law was as it is devolved into Form and Practise the pure streams of Justice were as they fell from the fountain of Divine and Moral Reason drawn by Art into private Cisterns of Profit and Honour But they durst not undertake the VVork I desired then considering my many occasions That they would but impart something to me to help me in my so great attempt I talked with some Attorneys to the same purpose and from two men I received two Papers shewing the abuse of dammage clear and suing out the Cap. utlagats the most ordinary matters I then addressed my self to some men eminent in Honor and places of Trust discovered my minde we argued I saw they were convinced of the truth of the thing and were resolved were the Law altered they should submit yea even to what I then and here propounded But they would have no hand in it they had no time they had spent their Studies in the present Law and to change was a new work Some advised me to leave off these thoughts and fall to Practise they would warrant me I should get as much as any of them After long delayes consulting my own strength and seeing Judges Serjeants Councellors Attorneys Solicitors and All confessed Alteration necessary delayes evident Justice incertain Equity more ruining then undoing Common Law I did partly out of the sence of the unjustness and wickedness of the Law but principally that I might be out of the lash of a credit Ruining frown leave all Practise whatsoever as I had formerly left the most and did consult which way to take to open in the most Christian way the Evils of the Apostate State and Commonwealth and how to offer an expedient sutable to the condition of the people wedded to Laws and Customs called their own This is that which the Lord put me upon I have avoided to my utmost all bitterness and just occasion of offence to any either Powers or persons And to any man shall require a further account of the hope that is in me concerning matter of Conscience or of the matter of Law and the Reasons herein offered so it be with Christian meekness and zeal for the Truth according to my knowledge I shall freely discover my self and yield I hope a satisfactory answer For I assert there is nothing here laid down in any kind as to the civil Regiment not warranted by the present so called Law-books of England I restrain not my self to the so called Year-Books For the scantness of my time I could have wished more and more abilities and that both natural and experimental but you must take it as it is onely an Essay for a Settlement of a Christian Commonwealth I leave the Work to such as Providence shall cull out of the many present Worthies of Englands Labourers Me thinks England labours like a woman in sore pangs of Travel crying out to be delivered I pray God none of the Midwives Juno like set cross-legg'd in the Temple of honor profit power or the like O that every one could banish all interests and all Relatious for Christs sake I know abundance that will allow this project of Resolving this Nation into County Jurisdictions their spirits will be immediatly fancying places to themselves friends kindred c. for the moddle holds forth a due satisfaction even to carnal Interests The opposition will arise from the great interest of the City of London and the Supream Judicatures but it is clear their interest may thus be continued to a just proportion Now they ruine Government within themselves and destroy the whole Nation besides let them live but let not England perish for the Lords sake you that are our Physitians remember your promises when you undertook the Cure Then you stroaked the wound gently you asked nothing till the cure were perfected but our wound is open still more wayes to discourage the poor impoverished subject then ever Take but the many fruitless Acts for poor prisoners into consideration and the forceing an Affidavit of the Engagement notwithstanding a Certificate of the Commissioners can we not easily determine the Reason it cannot be zeal for Justice but the Clerks Fee upon the Oath our hearts are hot in pursuit after the world while our lips breath forth expressions of the new birth Assuredly Englands Allarms to War will not cease till the sins cease You that are in Authority like valiant Chieftains must not onely speak couragiously but Act rigorously you and your just Acts and Ordinances are slighted and contemned First by your selves our Trustees they are not duly transmitted to the Counties then by our selves your Trustees they or some of them deal with them as they list each one interprets as his interest leads Let these things be represented to you and what is done nothing Nay come up to London waite and attend till you be weary the justness of your Cause gives not the quicker dispatch yea I have heard that some spoken to to hasten matters agreed on have been told their haste should cause their tarriance or words to that effect These are sad Symptoms to such Melancholy spirits as mine of renewed Judgements I shall say no more But leaving the whole Work to the Lord address my self to seek his face and pray unto THe Lord our God the God of Abraham Isaac and Jacob and of all the faithful the Almighty Jehovah the Father of our Lord Iesus and in him both of Jew and Gentile That he will please to open the eyes of all called Christians and give them hearts to understand his wayes that they may see and perceive the evil of their doings that the precisest professors may see that from their evil walkings the Enemy takes advantage and causes many Professors to fall off vainely thinking all are wholly hypocritical because of some mens failings Let those O Lord who have some beginnings of resenting their duty to seek thy face not give any occasion to thy Enemies the profane-hearted yet among thy people to transgress with more boldness because of their Liberties Yea give the loose Professors to consider that their evident unchristian walkings cause the open Enemies of our blessed Saviour to blaspheme even Jew and Gentile for what people walk so contrary to their profession as the so called Christian Father I pray discover to them that claim to be called thy Clergy as at least indeed set apart for more excellent and eminent services in Word and Doctrine that their lives must be the best Interpreter of their words their conversations of their Exhortations and Perswasions To Preach Love and live in Enmity to Preach Obedience and be Refractory if not Rebellious is not Christs way O let them all see even from the highest to the lowest that its Error evident hath caused Truth to be distrusted and their words contemned Righteousness and Truth carry a Majesty which Satan fears Convince them therefore that as they have