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
in Germany and England ibid. William so called the Bastard or the Conqueror admitted King of England his claim his reign ibid. His politique settlement p. 24 His successors tyranny p. 25 The opposers and how quelled ibid. The gate God opened for freedom p 26 Magna Charta and Charta De foresta granted ibid. The Pleas of Kings against them ibid. The Judges and Lawyers absolute interest serving Kings tending to enslave the people ibid. Some Judges hanged for it ibid. The contest briefly examined pag. 27. Why the Pope suffered these contests ibid. The Popes policy to avoid Reformation from Princes ibid. Gods witnesses against Romes signs and her dealing with them ibid. The Pope and Princes strengthen each other pag. 28. The Kings of Englands best title is from Parliamentary elections and the reason ibid. Princes liberality to the Churches ibid. Parishes erected ibid. God still raises up witnesses against Rome ibid. Incestuous Marriages from the Popes dispensations in most of the chief Families in Europe pag. 29 The Kings labour to exalt Prerogative ib. The settlement of the Court of Kings Bench Common-Pleas Chequer c. ibid. In whom the choice of Judges and how ibid. Court of Wards erected c. ibid. Court of Star-chamber erected ibid. Admiralty and others Courts c. ibid. Luther and his Quarrel with the Pope pag. 30 His Doctrine ibid. His Abettors few if any ibid. His opposers all Christian Princes ibid. Hen. the 8 th of England writes against him ibid. The reason of the Princes siding against Luther ibid. Henry after quarrels the Pope The Reason ibid. His halting twixt Popery and Protestancie He seizeth the Monasteries c and the reasons pag. 31. How he rewarded his instruments ibid. Edward the sons zealous Reformation ib. Maries cruelty pag 32. Elizabeths deliverances and succession ib. Popish plots against her upon Reformation ibid. Englands laws distinguish twixt a Papist in Opinion and in Faction ibid. Englands Law at Elizabeths coming to the Crown ibid. Recusants why so called ibid. All Protestants agree not to Elizabeths Reformation ibid. Their Reasons and uninterestedness p. 33 Some of the Parliament men questioned by the Queen ibid. How she misliked the so called zealots ibid. They flie into Holland and they print freely ibid. Against both Magistracy and Ministery pag 34 Yea against the Queen in regard of manifest error continued both in Church and State ibid. Her Potency and relief to her Neighbours ibid. James succeeds Loves not Puritans ibid. Yet distasts them not ibid. Advances the Interest of Prerogat Courts ibid. Takes away the good old lawes to increase revenew ibid. The succeslesness of His wise Councels p. 35 His policy to subvert the freedom of Parliaments ibid. His way discovered ibid. The end then aimed at the subduing Scotland absolutely ibid. The Court party ibid. The King would not agree to Arms. pa. 36 The cross dealing of the Scotch Presbytery with King James ibid. Some lawes made in King James time how diversly executed ibid. Charles Crowned with great joy ibid. Disgusts against him in his first Parliament ibid. He gets mony and dissolves it ibid. Breakes his Royall word so called in his grant to the Petition of right pag. 37 The State of the Church here at the beginning of and during his reign pag. 37. 38. and 39. in the pride and dependance of the Hierarchie seeking by unjust wayes to raise private estates out of the Church revenues ibid. Their little regard of Blasphemy drunkenness c. ibid. All they sought was unity and by uniformitie ibid. Hate against good men ibid. Their policies to bring in Popery ibid. Some of their errors repeated ibid. The civil state considered pag. 39. 40 The King lost his Militia in all kinds ibid. His Lords given altogether to vain sports c. ibid. The Gentry follow them and the Yeoman them and so all order is broken ibid. Justice wholly turned into form and practice and destructive in all the pooceedings of Law pag. 40. 41. 42. 43. 44. So the first step to introduce generall poverty pag. 45. 46. And that demonstrated by consideration of the parties suing ibid. The process what whence and by whom ib. The Courts of Tryall above and below ib. The Attorny and their practice p. 43. 44. Declaration and Plea ibid. Issue single and double ibid. Jury ibid. Verdict ibid. Stay of Judgement ibid. Judgement ibid. Stay of Execution ibid. Remedy in Chancery the worst evil p. 45. 46 Sollicitors what c. 44. The reasons of all this Error pa. 45. 46. Priviledge of Persons and Places discussed pag. 46 Witnesses and the abuse in them ibid. Most ordinary matters in practice undetermined in Law pag. 46. and 47 Cheatings in Bargains sales and all conveiances pag. 48 Englands Law practicall only so that Government was subverted pag. 48. Coppy-hold or base or villein tenure discussed pag. 48. 49. Want of Forcing Plantations another causes of Englands povertie ibid. Inns Alehouses and Taverns another cause ibid. Marrying of the poor too young another cause and debilitates nature and makes unfit to labour ibid. Englands good lawes for maintaining honest laborious and punishing idle ones enervated and neglected pag. 50 Considerations of binding out poor children apprentices by the Justices of the peace p. 50. Difficulty and varieties of Lawes the Lawyers Gins evidenced ibid. The Criminall part of law neglected and how pag. 51 The policy in ruining the old frame of Englands Government ibid. The policy to evade the discovery of this ibid. London the great Monopol of Trading pag. 52 Monopolies one of the Royall trades ibid. The Kings policy in ship-mony and the end ibid. Kings Charles intends War pag. 53 Intends an alteration of Government ibid. That the alteration was made of necessitie ibid. For a ground he imposes the Eng. Liturgie upon the Scots ibid. His carriage to engage a deeper War ibid. He is necessitated to call a Parliament p. 53 Breaks it and necessitated cals it again ibid. The King seekes mony pag. 54 The King disables himself to dissolve the Parliament ibid. The Parliament questions Strafford ibid. His pleas the Parliaments answers ibid. The King attempts upon some Members ibid. The Parliament sets a guard ibid. The King practizes the Army ibid. 400000. l. Raised and the Army disbanded ibid. Ireland almost lost ibid. The dislike of the people to the Kings encrease ibid. The Bishops questioned and discarded ibid. The King flies pag. 55 The Parliament arm ibid. The King fled the Convocation follow ibid. Many Lords and Commons go also ibid. These he cals his Parliament at Oxford ibid. The Lord Keeper flies to the King ibid. The controversie twixt King and Parliament as it stood controverted between them ibid. The Nationall Covenant agreed on ibid. And the Nature of it ibid. The Kings aime in setling Government pag. 56 Exemplified in a demonstrative particular ibid. The disadvantage to the Parliament by being only defensive ibid. The divers interests that followed the divers
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
your best judgements and lay out your most unwearied labours notwithstanding all discouragements either from malice envy danger or any other cause whatsoever to promote the same so far and so fast as the subject matter will bear and assuredly the blessings of Heaven will attend and follow you and your Councels otherwise be assured when God hath made use of you for a while the Lord will cast you away as others before you and your place shall no more be found for the averting of which judgement and setling this Nation and the Government of quiet and peace upon the foundation of Truth and Righteousness is the prayer of Him that zealously and faithfully endeavours and prays for the peace and happiness of the Commonwealth CHARLS GEORGE COCK The Table THe Creation of man and the end of it pag. 1 The fall ibid. The restauration ibid. How God Communicated himself to man before the fall ibid. How after the fall ibid. Gods Law given to man ibid. How that wrought ibid. Whither this extended to all men ibid. The extent of that Law p. 2 Gods Law against murder ibid. Adams and so the Patriarchs power ibid. The Law of Nature purely tends to parity ibid. The dispersion after the flood ibid. The original of it ibid. Who was then the Prince or chief ib. and p. 3 How Lands were then divided ibid. How wars began and servitude p 3. Gods choise of one peculiar Nation ibid. How the rejection of others wrought ibid. How Abraham a mighty Prince ibid. The Patriarchs sin and infidelity ibid. Gods peculiar people Bondslaves ibid. Moses what and his Judgements ibid. and p. 4 Not exemplary to our present Magistracy ibid. The first law of Moses p. 4 God rejects not Jethroes counsel c. ibid. Gods Law of the second Tables and their division ibid. and p. 8 The supplement for instruction of the people ibid. and p. 8 His successors and how chosen ibid. and p. 5 To Samuel and so to Saul ibid. Whither he and so Kings be of divine appointment ibid. God chooses David and Salomon and rejects their successors ibid. Gods special spirit ceases in hereditary Kings p. 6 The influence of good and bad Princes upon the people ibid. For sin the Prince is rooted out ibid. The Principality sold ibid. Christ expected by the Jew ibid. and how ibid. What the Patriarchs were and how the promise of outward blessings was made good to them ibid. and p. 7 The Nature of the first Covenant so called p. 7. and 8 The end of Gods Law given to man p. 8 The severity of that Law ibid. In obedience to this they placed Salvation p. 8. and 9 Whither these were the best Laws for all men p. 9 All Prophesies and Prophets related to these Laws ibid. In what condition Judea stood at Christs coming in their diversity of Doctrines and Opinions the Temple defiled yet never more outward profession and holiness p. 9. 10 Christ birth and the Manner p. 10 His obedience to the whole Law ibid. and p. 11 John a Preacher of new Doctrine yet regarded and followed by the Rulers ibid. Christs Acts and Doctrine ibid. Pharisees and Sadduces the greatest pretenders to Religion in Christs time Hypocrites p. 11 Christs Doctrine that there 's no Salvation by the workes of the Law ibid. The purity and strictness of his Doctrine ib. The liberty Christ gave on the Sabboth to and in what it lay ibid. The Jews scandal him and his Miracles ib. The inference if Judas received the last supper p. 12 How the high-Priest prophesied at Christs death ibid. The Doctrine of the Apostles the same with Christs ibid. The Apostles had the Spirit but not all alike ibid. The call of the Gentiles ibid. How manifested ibid. The Apostles not infallible in all things ibid. Whither the Gentiles ought to observe the Law of Moses ibid. Wherein the Quere rests ibid. First Quere concerning Circumcision the debate of the matter and by whom ibid. and p. 13 The sentence p. 13 The stile and phrase of it ibid. To whom directed ibid. By whom received ibid. Division and strife among the Apostles ibid. Paul circumcises Timothy after the sentence at Hierusalem ibid. Why controversies arose and God permitted them righteousness opposed Sathans wiles ibid. The spreading of the Gospel p. 14 The Apostles urge the letter of the Law called old against sin ibid. Not two Covenants viz. of works and faith But one diversly demonstrated ibid. What part of the Jews Law so called vanished with Christ what remains ibid. Sects in the Apostles times and how arising ibid. What is a Sect what a Schisme ibid. What remedy the Apostles used ibid. His Doctrine thereupon p. 15 The continuance and eternal duration of the Gospel of Christ ibid. That the professors were subject to afflictions ibid. That they ought not to be discouraged thereby ibid. Persecution of the Gospellers or Christians ibid. Hierusalem the Carcase the Romanes the Eagles to devoure it ibid. All evils charged by Heathens upon the Christians ibid. The ground arising from misinterpretation of the Christians Principles ibid. Heathens and that of the wisest witnesses to the Christians Doctrine and that in tortures p. 16 The purity of Christianity under persecution ib. Their defection in tranquillity ibid. The painfulness and contentedness of pastors ibid. Who Pastors and their duty c. ibid. Julians policy to eradicate Christianity ib. The effects ibid. Worst Emperors Christs greatest Enemies ibid. How the Gospel grew when Scriptures were burned c. ibid. The purity of Roman Pastors so called Bishops in the Primitive times ibid. Pagans eyed prosperity as the sign of Gods love ibid. God exalts Christianity to the Throne ibid. The purity of the Prince and how it wrought ibid. God now afflicts his Church with error p. 18 The spreading of it ibid. God punishes with the sword of Barbarians p. 19 Error encreases ibid. Piety of some professors converts Barbarians ibid. Pope of Rome affects the title of Oecumenical and queries the power of Emperors over them ibid. The Quere arising among Christians ibid. Britain receives the faith ibid. Bishops of Rome erect Judicatories p. 20 Gain large temporalties c. ibid. Admitted infallible ibid. Arbitrates the controversies of Princes and claimes it and upon what ground ibid. The title of the Pope and Bishop to all power ibid. The imitation of the Ceremonials and Iudicials the foundation of all errors in Church and State among Christians ibid. The Clergy encroach upon temporal Magistracy and Jurisdiction p. 21 An universal Monarchy intended with Christians ibid. How all things led on to facilitate the designe ibid. The pride of the Clergy and from what Ground p. 22 Many Laws altered in England upon the comming in of Christianity ibid. How whole Nations came to become Christians at once ibid. Popes labor to gain the right or use of Appeales from all Nations ibid. Some Princes oppose and the reason p. 22 The evil effects of this claim ibid. Especially
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
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
against them and they who hoped to have time to make all sure would not seek that with too much haste and danger which by former experience they saw a small time would of it self restore for it was taken before and would shortly be again and hinting nevertheless that a mite of Gods stock or of the Churches and Church-mens dues as they called them in a Lay-mans hands would bring a moth and curse upon all his estate so that what Covetize had robbed Conscience would restore if not double and as the Church-mens policy was great so they forgot not to foresee a storm in case Mary should depart without issue and the Crown come to Elizabeth who was as the Germans called them a Protestant as the French a Huguenot or of the Religion as the English a Lollard a Bibler a Gospeller wherefore there were many plots to take her away before she came to the Crown it was less danger but the Lord prevented and she trusted in God having no forces no armor no money all the Realm Papists in profession but a day or two before Mary dead is with an universal joy almost received to the Throne and although the Pope being now strengthened by the decrees of that famously infamous Councel of Trent had raised up all the Princes so called Christian as much as in him laid against her and having excommunicated her as an Heretick gave away the Kingdom to the King of Spain who with a so called invincible Armado came to conquer it upon pretence of his holy Father the Popes donation and had by Jesuits Priests and others laboured many ways to take away her life yet she out-lived all and all undertakers against her both in Ireland and England brought to themselves ruine death loss or shame This in care for the Queen produced Acts of Parliament of several natures against Papists Priests Seminaries and Jesuits distinguishing between a Papist in opinion and a Papist in faction and so Priests as being the inciters to things absolutely evil in themselves upon Tenents or grounds not onely unwarrantable in the word nay absolutely contrary but destructive to the principles of Nature humane contracts as no faith to be kept with Hereticks no treason to kill a Prince declared heretical by the Pope and excommunicated And although the Priest and Papists did retort upon the English Professers their former pleas for liberty of conscience in matters of Religion and upon that account would have saved many Traytors to the State of England yet England wisely distinguished between those who had sucked the poyson but poysoned not others executing these and banishing them yea though venting their false opinions if not guilty in or of promoting of Acts of Treason The Pope stomacks this and Elizabeth having now framed a new Church Liturgy or Book of Common prayers or rather corrected the old Popish Mass-Book wherein was nothing contained which the then compilers supposed to smell or have a touch or savor of Popery and casting out all Q. Maries Priests had placed Protestants so called Bishops and Ministers in the several Diocesses of the Kingdom and respective Parishes and commanded no other Liturgie to be used under several penalties the Pope I say he thereupon inhibits all Papists to joyn in the Church duties offices or services with the now so called Church of England whereupon many refuse to go to Church who thereupon were called Recusants and although there were great penalties at last laid upon them as of twenty pound a moneth yet the Recusants in all Counties were many especially of the Nobility and Gentry the vulgar generally as being bred up under that notion that ignorance was the mother of Devotion turned with the Tide and the change was even to reason visible for the Service being now in English was understood or might be yet all the Protestants were not contented but some apprehended a clearer and more uninterested light to Reformation for they pretended neither to Bishopricks nor Deanaries nor any other spiritual promotion so called no places either of honor or profit but meerly to do the work of the Lord for conscience sake these taught that the reformation of Queen Elizabeth was but rather gilding the rotten pillars of the Temple and Church of Christ then doing indeed what ought to be build wholy a new For they declare that the Romane apostacy was Babylonish and that there was no more commixture to be had with her then with Idols that all the ministry of England having no other calling then the outward from Romish Preists by the imposition of hands was Antichristian that all the Courts so called Eclesiastical were unlawful and any Liturgy or set form of prayer commanded in the Church was superstitious that indeed Christs Kingdom which was of the Gospel would not admit of those prophane mixtures which the parishes in England abounded withal and that truly none was fit to be a Christian Magistrate who was not fit to be a Church Member but with all outward acknowledgments of Loyalty to their Prince as aiming at no turbulency in the State but modestly to offer their opinions to the Parliament and it seems some of these opinionists were gotten into the Parliament if not one into the chaire whose zeal would not admit him to take in consideration the Message of the Queen or affaires of State till prayers had been made publikely by the Members for a blessing from God and agreed as per one Author a day to seek God by fasting and humiliation with prayer upon the whole work But all these were nipt in the bud by the Queens authority who inlarged prerogative much through the ardent affection wherewith her vertues had enchained the hearts of her Subjects to her for she being enformed by some how highly these things might in future times be stretched to the enhansing the power of the commonalty in Parliament it being necessary to keep them in due bounds though the Queen might not mislike the Acts she did the manner being done of their own heads without acquainting her and although upon the Remonstrance of divers of these non-conformists the Commons again began to stir yet she not only as we may say wisely moderated them but trusting to the popular affection she had gained and I hope having no end of raising prerogative to a fatall eminency she politiquely overswayed imprisoning by her own authority a Member of Parliament for a motion in the house and did unless my Author be deceived tye the house to agitate no business but what they received in charge from her and the Ministers who pleaded for such a rough thorough reformation were not only silenced by dislikes but by a new impoured high commission pretended against Recusants were over-awed so that they were forced to leave the Land some who staid as the event gave evidence too indiscreetly taxed the Queen and her counsel of State of Apostacy lukewarmness nay absolute Tyranny it is evident truth that the Queen went no further
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
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
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