that but with a reflex upon the matters of the Church as being not to be neglected in respect of their own nature and also for their necessity to the explaining the matters treated of and I the rather chuse to pitch upon that time because the histories are more clear and from that settlement do all the grand Quaeries flow which are now discussed by so many wits and so many pens wherein yet I shall be brief as formerly though laying the plot to the generality of the succeeding matter William the first commonly called the Conquerour being the Bastard son of the Duke of Normandy having indeed no title at all to the Crown of England I cannot say usurps he fought against an usurper yet layes claim to it only under a pretended and invalid promise of Edward late King of England and with his Comrades to whom he had promised shares in his purchase He from Normandy and with Normans that is Frenchmen of the Country Province or County of Normandy lands in England fights the then King and slayes him in the Field and the English distasted at former Kings and it seems doubtfull to whom the Crown belonged and no one publikely laying claim whereby it is probable the race was wom out or utterly disheartned William soon settles himself and by agreement with the English to keep the Laws or rule them according to their Laws he is accepted as King but as to avoid war the strengths of the English being yet in no considerable manner broken by the one battel with the slain King he pretends his Title of Donation Adoption or what you will call such a pretence yet he as he found occasion and opportunity not only strengthned himself but weakned the English and that insensibly deposing all Bishops of whose fidelity he was not assured and for setling a new form of Government upon yet exceeding prudent grounds which was the so called Tenure in Capite or of the Crown he by cutting off the Males of the chief Nobles as Traitors disposed the Females where they were in marriage to his Normans and the other upon seisures he granted to hold of him as of his Crown thus he wrought his own ends every way for now he hereby takes the power of the Kingdom and the adherences of the ancient Nobility into the Norman Race his Normans now as by agreement and according to the rule of their Nation take all from him who is Lord paramount Thus all the land in England is holden of the King and by the equity of the judicial he holding all of God onely and so the land was absolutely enslaved and the title of warlike conquest is atchieved by a quiet bargain for this marriage of the inheritrix all other objects taken away cast the tenants eyes solely upon the enjoyer of their Lady now this way was prepared to before the kingdom being formerly divided not onely into Counties under an Earl Consul or their Sheriff but each County into their Hundreds and those subdivided into half Hundreds and those again into Tythings the most admirable Law that ever was in point of prudence directed even by the infinite Wisdom to the Jew and approved by these men as obligatory to Christians or so pretending these in their gradations all had their law from their Lord and held of him most under an oath and that according to the nature of the Tenures whether by homage or fealty onely with a saving of right to the King and other Lords and that Lord he held of the King nay the wise Bastard had a further reach for these Land-tenants were his Militia and none else were now suffered to have Arms so that his Normans being conveniently disposed into all parts of the Nation and the Nation thus engaged by these courses aforesaid being more warlike then wise few then knowing more then the Priest told them the work was readily effected and so much the rather because the Nobles had Knights held of them by the like service of attendance in the wars some holding Honors and some Mannors in subordination and these again had Freeholders for the provision of their houses which was called the service of the plough And thus all being distinguished into their orders and ranks there was nourished by these mutual dependances love and duty service and sustenance the Noble man being at Court the Lord or chief Knight in the County the Patrons of the Yeomonry and all yet held in chief of the King This prudent settlement holding a correspondence with the ancient Jewish and no difference from the later Romane Government both here by severall Governors and Governments made native was very facile to be effected and the rather because that our rocks of offence now were no stumbling stones of offence then but the foundation-stone of the ladder of the highest preferments for the Kingdom being settled upon a Military frame yet wisely observing the rules of humane Arts Wardship and Marriage the now or late Bugbears were thus laid and reserved by that discreet Prince following so justly and evenly one upon the neck of another by them accounted demonstrative reason that truly his enemies approved at last what his friends denied that is the English admitted what the Normans spurned at for as I find the Kingdom being put into this Sword posture it was thought meet that the Tenants of the King who were not fit to do him service should be under his tuition and who would and could so carefully provide both for their training in warlike exercises or dispose them in marriage for his safety and their well-being as the Prince whose strength and securiry they were to be both in war and peace so that Lords to their Knights and they to their Esquires and all to their Soccagers so that Soccagers or Freeholders sought a Tenancy in Knights Service and they by Knights Service sought to hold of the King not in Capite only but by the greater services of Petite and grand Serjeantie being so much the more or less honorable as they were directed more or less immediatly to the person of the King And I do not finde that King William did create more Lords then there were Counties for he observed his plot of Government as I may say once for all intermingling the old and his new with such a fit contexture as the first glance or present witnesses did not easily discern it Now as he laid his Military part wisely so did he not indiscretely settle the Civil part for that he also ordered that as the Commonwealth was but all one great family and though in regard of the multitude of subjects or children it was necessary to see and hear by others eyes and ears and so to answer and determine differences yet it was of necessity that all should yield obedience to him and render him a final account and therefore he disposed not from himself the ultimate and last determination of all or any cause but that they might appeal to
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
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
divine they begin the question with the power of Calling confirming presiding in and adnulling Councels and ended in dethroning Emperors They who undertook the contest were wise and able and though they opposed a powerful yet it was a devout Emperor and shaken with homebred and intestine afflictions frequent in the decaying estate of the Empire this was heightened by what was then called zeal for Gods Altar after that branded for spiritual pride and accounted the highest step to Antichristian error opening the way to what ever followed with ease placing an especial sanctity in ordination from the Deacon to the Patriarch and so to the Pope gradually and in him not onely to primacy but supremacy so that what was before evidenced by faith and holy conversation was now solely attributed to imposition of hands this was a holy unction an indelible Character marking who were Christs God left not himself without witnesses against these growing errors in the several Ages wherein they were propounded to the world which gave some stop but one error ushering in another strengthened themselves so that at the last they shut truth out of doors But to speak of the particular errors upon the Quaeries arising among Christians First concerning the written Word of God and word in general of the written Word how we are to finde out the sense and know which is the true letter whither it may be translated and whether a fit Judge of controversie Secondly if not who concerning traditions and the way of knowing them which are Apostolical Thirdly the properties office and marks of the true Church And so Fourthly of the ground of faith upon all which with many more necessary and useful matters the whole frame of unnecessary superstitions vain sinful nay damnable doctrines arising in future time was founded I cannot at present at least intend any discussion nor may it take so well with the generality of men to have one whose study and profession was the Law though a Christian which general profession I esteem a full liberty to Quaery any so called Ecclesiastick or Church controversie but that indeed being not the main of my intention I shall apply my self to what is the scope of my undertaking in that way The God of heaven whose aid I implore shall direct my spirit The Bishops of Rome now labour an addition of believers in all Countries and not onely France and Almaine but even the remotest Ilands of Britain receive the truth the Church was to be universal there was a word of truth for it But as the Emperors and Princes of the world had by several experiences found out the best and quaintest waies of stretching their subjects purse-strings without cracking to be the gains and in-comes of sutes and controversies which being the vents either of malice in prosecution or victory in the issue and the party overthrown though miserably complaining were alwaies remediless generally unpittied for it was done by Law the rule of Justice The Bishops of Rome now begin generally to challenge to themselves not only for the honor but for the necessity of order special government by way of judicatories at first only of matters arising within the precincts of his government as Bishop of Rome but after it extended by way of supremacy the great injustice of all Princes giving colour thereto to pluck away causes from the remotest parts of the world after the Bishops had settled their powers and by them courts in any kingdom realm or nation And from particular controversie between person and person Bishop and Bishop he at last became the umpire of the controversies of Kings and by vertue of the necessity of a final appeal he gave away kingdomes as he pleased as the annals not only of Germany but of France and England do specially commemorate and now the name of universal Bishop would not suffice nor these large temporalities bestowed upon them by Princes but they seise the Cities of Romandiola Ferrara and Bononia and much more in the vacancy of the Empire nay the little Horn would not rest so contented but the Emperors oppose the Popes now produce the grounds of their actings partly from reason partly from Scripture yet both agreeing in the substance the necessity of an umpire in the Christian Churches that this absolution must rest in the Church whereof Christ was the head Peter his Vicar and the Pope his that all the kingdomes of the world were now the Lords and his Christs that he gave them to whom he would that this his Vicar was the most fit person yea the only fit if not designed for he was the common father of souls had the care of the Churches good upon him that not only all were alike to him but he bound alike to all the obligation too the Church only excepted This wrought conscientiously in many but actively in most though suspected of self-seeking in some covetize and avarice being the common error of great enjoyers especially in high and ambitious spirits whereby the Pope was not without his Champions against all opposers and as most pretenders do they did some justice extraordinary at first but when the notion of infallibility was accepted who could oppose now the Church was in its ruff and now the whole world turned religious and all Nations especially in Europe were become so great admirers of Christian profession that they erected Monasteries Frieries Nunneries and men and women were engaged on all sides all worldly obligements neglected for the service of their Saviour husbands forsaking wives and wives husbands Children and Servants leave Parents and Masters nothing so secret which confession could not unlock there was ease and plenty so that the Popes chair having so many feet it was in no great fear of falling but least the people should discern this the foundation of all is laid upon the indubitable word so called of God of which they are the sole Expositors and this by way of anology or similitude betwixt the old and new law Therefore they hold forth that as among the Priests one was cheif under the law so also under the Gospel and as the Priests so their lips must preserve knowledge as there was a bloody so here was an unbloody sacrifice and as there was a Temple so here another Church inferior Churches as the Synagogues the times of sacrifice are called Canonical hours and all the officers and offices of the Jewish frame are now brought into the Church and though acknowledged ceremonial in themselves and so passed away yet the mystery of them opened and the end relating to the service of God and his Christ now as before to God under his name Jehovah was allowed as necessary for his better service and as the glory of the second Temple was to exceed the glory of the first so the maintenance of the ministers of Christ and the outward lustre of service was to exceed it but that they might fulfill the measure of iniquity they bring in the use of
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
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
civill State where the Kings as I tell you still laboured to maintain their Prerogative so called by which they intended the absolute rule of their will holding all that was yielded by the Law not as datum or given but debitum therefore they refused it not but laboured to encroach and therefore there was no immunity granted to the Subject but they paid for it no right cleared but bought at the hardest market yet upon these chaffers the Kings settle the Courts of Judicature both of the Common Pleas Kings-Bench Exchequer and appoint Judges and salaries at Westminster a certain place and at certain and appointed times whereby the great and arduous causes the difficulties of which could not be determined by the ordinary Judges of the County might by these eminent and most learned or so esteemed receive a period with less charge to the Subject and to these were appointed Officers and Fees After this the Chancery was setled and the chief Judges of all these Courts I have read the Parliament were to appoint and they might if Annuall but if but every seven years as by after agreement was established it was requisite to admit the king the choyce once and then to be sure he was like to keep it for ever there was a president out of these Courts the kings raised large supports for all the Officers which were now multiplyed went all along with the Crown and yet these Courts the kings liked not but laboured to introduce other Courts the settlement of all these Judicatories by way of gradation admitting a finall appeal to Parliament in course therefore the Court of Wards is erected and that upon a good colour but a bad cause for the latter kings having seen the issues of things before as is related now neglected the warlike education and the preferment of their Wards as at first institution indeed the cause which was then that was the putting by degrees the whole power of the Land by Marriages was now ceased and now none bare less affection to the king then the race of Normans the issue being like in condition with the English ill brooking the service and vassalage which themselves laboured to lay upon the English After this Court came up the Court so called of Star-Chamber intended still as a bridle to curb the head-strong humours of the Lords and great men There were erected Courts of Admiralty and all these Courts were bounded had their Rules in all circumstances the defects of which were still as I said lyable to appeal that is to be questioned in Parliament the Law Courts and Statutes Courts of course the other agreeable to their own nature by supremacy of power neither were the Spiritual Courts so called that is the Courts of or under or by or from the jurisdiction power authority of the so called Clergy from the highest Bishop to the meanest Surrogate of other settlement yet in these the Kings were chary for they appealing to the Pope a curse might follow and who that hath a due consideration of conscience can blame the Princes Judges Magistrates and Officers of those times seeing they pretended to beleeve the Popes Supremacy of power and all other things conducing thereto But now we shall see a stronger opposition to the Pope then ever for he sending out many prophane Indulgences as for pardoning of the greatest offences and tolerating the highest wickednesses Luther a Popeling opposes and that openly before the Emperour at the great meeting or Parliament of the Princes of the Empire many of which took part with him he thus upheld and the Pope scorning the check by a paultry Fryer he curses and excommunicates him Luther writes against that and seeking and searching the Scriptures to find out how to assure the truths he had declared God manifests many more Now here I must observe that Luther broached no new matters it was the old Scriptures and the old truths of the Scripture but the men that then lived thought it then strange and novelty as being contrary to what they had been trained up in Of all the forreign Princes to Germany who stickled in this business none so hot as the king of our England then called Henry the Eight a Prince not esteemed so Religious as Warlike nor approved so Warlike as fierce every violent spirit not being for the management of Military Atchievments and to speak the truth the ease and delicacy of Court breeding imbecillitates the mind and enervates the body for the pains care and danger of War This king nevertheless had sure some design in his head to gain his Holy Fathers good will in as other Princes he therefore writes or causes to be written which he fathered a Book against Luther in maintaining the Popes power yea even in the unjustest matters that is That Luther a Vassal of the Sea of Rome a Child of the Church ought not to judge the Fathers acts nor censure much less controul matters allowed by him much less authorized nay commanded for the bearer of the Indulgences had his Letters missory or Bull so called Luther bears this shock and all and alone stands the dint of the whole so called Christian world a few men and one or two inferiour Princes with an university excepted but this notwithstanding Luther teaching and holding forth the Doctrine of Christ and his Apostles fears not and multitudes are converted I may say to the Faith from the Pope to him he appealing to a general Councel but the Princes oppose with the Emperour as well as our Henry and good reason as I before declared set the Councel to order the Popes matters and a Parliament or Dyet will by Analogical Rule argue at least rationate at first and at last determine of the rule of Princes let a Fryer question the Pope and any Subject may as well altercate with his Prince and at last appeal to a Parliament as Luther to a Councel truly all the irregular Interests of Popes Cardinals Bishops Priests and the rest of that rabble and of kings and Princes Judges Advocates as Lawyers and the rest hang upon one thread and I presume that one sword at one blow cuts at last both asunder assuredly as they have stood so they will fall together but mark Gods way our Henry was a dissolute young Prince and he married young and to a widdow nauseous to such a spirit vain though Heroick or magnanimous to give it the best among such epithites he was desirous of a divorce which he at first at least sought not so much as is most probable for conscience as humour sake for this change he seeks the Popes dispensation she was a daughter of Spain the elder son of the Church that is the most ambitious among the so called Christian Princes which now stood ready at all assayes to act the Popes pleasure He was nigh and potent and must not be displeased the Pope dallies puts the English king desirous and hoping of a divorce upon an injury to
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
over-confidently accept these councels the truth I shall not prolixly assert God having providentially cut of that Quaere by the Sword of the Hollander but their course lading provision number and quantity of men and Commanders quality of convoy and backs of carriage besides the testimony of divers all tend to demonstrate the same nor for the same reason shall I argue how cross and incoherent we see these Councels were for fools see errors when the cast is plaid which the wise Gamester studied for and could not descry This as it hastened preparations on the Kings part for war so it enforced him while yet unprepared to hold out the Ensigns of peace and what no advices could produce before is now for interest sake granted namely a Parliament wherein all under-hand proceedings for elections not being able such a general dislike being in all men to the King and his proceedings to work and mould it serviceable to the Kings ends he as soon dissolves as calls it This breeding a deeper distast and he not yet fitted and seeing the people now fell upon petitioning rather then rebelling relying upon the Parliaments united power rather then upon their single personal rights and would sooner venture to set down with an unjust loss of part from the Kings power then loose all to his mercy by an unwarrantable course He calls a Parliament again and to this Parliament are brought so many complaints that I fear the bulk of Petitions and Remonstrances will affright our Worthies for looking into them and let much necessary work lye undone not giving due reparations to many persons against publike Theeves and Extortioners Now the Parliament made no great haste and the King was urgent for money which they taking advantage of and of his former not only declining and breaking up or dissolving Parliaments but his neglecting his own Laws that is those to which he had assented they upon the ground laid in his third year insist to have an Act for setling this Parliament till dissolved or prorogued by themselves notwithstanding an act for calling a Parliament every three years thinking no knot too sure to hold what they still found loose which effected with some other things they then fall to work with the Earle of Strafford that had power enough to have done all he intended in an ordinary course of providence had not vain confidence that he could do it when he would as the Almighty determined befooled him he surprized who was the Master-dear the herd flye and though accused by the Kings great Councel yet his Majesty having affections personal notwithstanding the supream publick trust in ordinary gives them his pass and by the means of his Admiral they were set safe a forreign shore and now himself labours to his utmost the safety and preservation of that man who had ruled in Ireland to his utmost in that absolute way he intended his Master here should as the Cardinal Richelieu had done in his France the great pleas on his side were what he had done was for his Master the King by his special command for which he had his warrant and for all Moneys his discharge and if a further offence were it was against no existent Law if Treason c. not within the Law of 25. of Edward the third which was made with much advisement to preserve the Liberty of the Subject and consequently his life by a certain knowledge of his dutie To which it was answered that his trust was to the Commonwealth to the King in his Politique not in his natural capacity and his personal receit warrant or allowance was not sufficient but they had power yea in case he had had a legal allowance or discharge in ordinary yet for the Commonwealths sake which includes both king and people to call him to an account And to the last part that it was against no Law existent They said the Parliament was by the Stat. Judge of Treason de futuro and to orethrow the Laws and government was more then to destroy a person to ruine a kingdom then kill a king and therefore I must agree by importunity forced the King to assent to his death which effected and not dared to be recalled all plots and policies left are used to break up the Parliament by the King yea an attempt made upon some Members to sacrifice to the Ghost of Strafford but all failing and yet manifested the Parliament think fit to have a guard the King practices the Army the Parliament Vote no less then 400000. l. And with that disband the Army the King thus lost every way and the Army in Ireland utterly lost by the grand Rebellion there taking many of them part with the Irish if not most and this still giving harsher resentments to the people whose Liberty was now grown great and the Parliament loth to hinder them while they served their turns many not only sleights but affronts were put on the Kings servants reflecting upon himself The Bishops now shew their sure Rock was he and they wholly cleave to him the Lords many joyn with him many against him and many appear not the Kings Agents whose designs had been nipt here being now in Denmark Holland France c. moved for assistance against the Parliament of England as the Irish Rebels do there they seek the same things and under the same pretexts so that the King is said and not without some ground to be the chief Actor in all so loth he was to call the Irish Rebels This causes the Parliament to talk of raising Armes not only to defend themselves against the King and those with whom he came to the Parliament House and kept still about him being generally a crew of Jovialists debaucht persons But to offend such publike forreign Enemies as under the Kings Name should be brought from other Nations or raised here to which there was such an unanimous loan of all sorts especially the Religious who found a change indeed in their condition That they from that took the hint of the strong affections of the people towards them and upon that Vote the extirpation of Episcopacy the which the King so long contending for and so eagerly ruined himself with them How far this is to be read out of the Revelation I shall not quaere but say it was long foretold out of that prophesy and now fell out they gave themselves now to treat of Reformation of the Church but this rooting up Episcopacy took many from them they had voted and acted against pluralities as to settle the Church and gave the Judges a setled and sufficient salary pretending to take away all other Fees from them but proceeded not The King fled from London the Convocation they follow his shaddow the Parliament call themselves a certain number of men called Ministers from all parts and nominate them the Assembly these sit as the Clergy of England the King after many Traverses having gotten together an Army comes to Oxford whether
many come from the Parliament to him as well as went with him there he erects or allowes a new Parliament And by their advice as his Parliament at Oxford demands Treaty with his Parliament at Westminster which they reject and at last the Lord Keeper of the Great Seal London indeed stood true to them which by its Vicinity to the Parliament and infinite populacy awed all other parts they had a sence of former sufferings under the power of Kings they had a deep sence of the extremities the godly and most piously affected people suffered in all parts of the Nation and how far the vicinity of the Court and Archbishop of Canterbury had violated their Christian Liberty prevailing over the quiet spirit of their Bishop was though little not forgotten they therefore generally followed the Parliament especially stirred up by their Ministers as having in hand the cause of God The King he brands them all with Declarations of Rebellion and taxing them with seeking his life and the rooting out of his Posterity They answer that they were so far from seeking his life as that they should labour by all means possible to defend and protect the same their just Rights and Priviledges preserved and for his satisfaction cause the Nation generally to enter the like Protestation this not satisfying but it being still urged by the King that the Protestation was but to establish their own power not secure his fears While their Armies were in the field against the King they answered They were only on the defensive part and such indeed was the Generals Commission and that they could not but according to their trusts preserve the Laws and Rights of the Nation Hereupon they open the Law that the King was indeed but the chief trusted person and that for his peoples sake that of this not he only but they also and more especially being congregate into a body were to judge that his failings past demonstrate his ends contrary to publike interest and resolve that even the Law of Nature taught self-preservation and that it was too too visible he intended an usurpation upon their just Priviledges That they desired his preservation so it might consist with the Weal-publick and therefore desired him to leave the company of evill men so called his Counsellors who mis-led him and to adhere to his great Councel and promised to make him on these terms the most Glorious King that ever was in these Nations and now a diverse part appearing upon several grounds and opinions amid the Members of the House the prevailing party to firm the union betwixt the Scots and them more strongly whose assistance they had had all this while in the work they frame a Covenant which held forth security and glory to the King and his posterity in endeavouring to settle Church and State upon the firm foundations of Justice and righteousness which taken in Scotland is transmitted hither and they by Parliament made brethren and this is tendred to the King to sign being first taken solemnly by the principal of the Nation with this condition That if the King agreed with them in it they would still not only acknowledge him their King but make him more glorious c. But this was so penned in such general terms that an absolute Royalist might well take it for it was intended by the some I say not the many by the leaders not the followers but as a measure to try the stretch of every mans judgement opinion or interest many no doubt took it cordially many formally some strictly some loosely but though this were not only taken but urged yet Armies were continued against the King as he said in the field against his evil Councel as they said 't is truth their evil Councel was now his the Lesson of absolute power and to be like his Brethren the rest of the Kings who had joyned interest with the Whore of Rome made him not only hold correspondence with that Beast not only at bed and board but Councel also as far as served his interest who undoubtedly aimed to rule in all things according to his own Will which Will yet should have had Regulations but still with such dependence upon his Judgement that he being the speaking Law would have had no Interpreter that should be able to cross him and his determination and so the Law must have spoken in all things to his lust or he would have made it and this he thought and I am perswaded believed to be the undoubted right of all Princes though their people as his in case of contest between competitors for the Soveraignty might wring something from them of Grants or Charters or so called priviledges or immunities which yet he believed they could no more grant to the prejudice of the Crown that is of the heirs and successors in the Kingdom then things sacred to God could be imployed to prophane uses This doctrine admitted which I dare avow was and can prove sufficiently by Witnesses yet alive That our late King Charls said these words openly upon a Hearing Mr. Hern I have heard what you have said What do you talk to me of Law Justice or Conscience according to all which Mr. Herne alledged the Patent signed by his Majesty to be I tell you said the King there is nothing in England shall stand that is not for my profit There stands one pointing to Sir John Banks then Attorney General who had hundred of pounds many I have heard for the work and drew the Patent shall bring a quo warranto against the Patent and see then what you will do Now take notice this Patent was of the new invention of Salt and opposed the Monopoly at the Sheilds under the favor of deservedly beheaded Hambleton and the Inventor not complying with the Kings Interest against the priviledge of the Subject the King brake not onely his private word with him contrary to particular engagements under his Hand carried by Sir Charls Herbert but also his publike word as King this sentence being so ruinous to the man made the Worme speak and said Sir Dare you be a King and be thus unjust I never read of Tyrant said so what ever he did or words of like effect whereupon Lord Dorcet with a great oath by his Maker as I express it said loe and if it please your Majesty these are your prick-eared Rogues the Tub-preachers and indeed he was a Zealot these are they will pluck you out of your Throne unless you dethrone them I pray take not this Lord for a Prophet unless like Caiaphas This word I could not but insert for conscience sake as a firm Index and testimony of his reall intentions This kept him off from closing with his Parliament and the rather because they insisted to have the Sword in their power for so many years or during his life tenderness of him caused the Parliament to venture far for it could not by this sole defensive way but protract the
of the day in the wisdom and power of mans strength did the Lord give such a signall Victory as being wisely followed and improved the Kings party were never able to make head again but their severall parties in the severall Counties were partly by the Scot keeping them on work by diversions The English Generall neither Winter nor Summer gave any stop till England had but two Armies the mercinary so called of Scots and the other of English And the King Oxford now only left unto him was enforced to try his then last shift namely to betake himself to the Scot having a strong Army before Newark thereby to engage a quarrel as is more then evident to all by whom he is presently upon the surrender of the place carried back to New-Castle and they wisely finding the difficulties attending them in case they should carry him personally into Scotland upon a Treaty deliver him up to the English and what was altogether unexpected return into their own Land what engagements to a return I know not And now the Presbyterian party so called fly high indeed and urge execution to the highest of the settlement of their own Interest having no other publick enemy bandy against their brethren in the Lords War the generality of the English was for them the so called Independents being esteemed by the many as the Christians of old actors of all impurities and their fry of Confederates the Sectaries but as so many legions of Divels sent into the world to give a stop to the erection of the glorious Kingdom of the Lord Christ Jesus and sure some in their zeal would have thought they had done God good service to have killed them I can in my private thoughts compare their condition to none better then that of the Israelites when they had the Sea before them and an Army behind them and were in the wilderness I know the passion of many a soul when after all their travails for Liberty from the yoak so called of the Bishops Tyranny they found themselves ground to powder under the Milstone of the Presbyters Rigidity and all this for conscience sake for the Presbyter began according to the old Rule with Church work and that was and ever will be long work especially where men take it upon them without the Lord the builder builds in vain From this the Commonwealth being still as over-burthened as before the distastes were great against the present Governors still as before the galled back seeks ease let the plaister cover or saddle be not only gilt but gold This opens a way to the oppressed for the righteous and just ends of the undertaking of this war being held forth that the ends of the Covenant as looking at Gods glory the peoples good and the just Rights of the King were not ever intended to be denyed but the pretended ends namely thereby to ensnare the consciences of men by self-ended glosses or the banishing their persons and confiscation of their goods not for neglect of civil obedience but not conforming to the opinion of others when as yet it was professed that grace was the free gift of God that the rules of prudence or earnall policy had no ground in Gods Word if prudence only might rule why not the Popes and Bishops as well as the Presbyters and to enforce conscience with the Sword of the Scot was as evil as the Mace of a German These and the like matters dispersed abroad and especially in the Army some Regiments rowze and head and notwithstanding all possible endeavors of the Parliament both at London and in the Counties the whole Army is fixed and both with life and Armes meet at the Rendezvouz and engage to prosecute the just ends of Liberty or to obtain the just Liberty of the people and hereabout the name of Levellers first arose part of the Army actually seize the Kings person at Holmby and now the active Grandees of the ruling party so called Presbyterian are accused of high Treason The King is under the custody of the Army and all means endeavoured I beleeve to make him instrumentall to the ends propounded to themselves how far their Treaty proceeded or what obligations were on either side were and are to me private I can take them to be but politick Transactions with respects to their mutuall respective or particular Interests and no further carried on but that either party had their safeguard their way and place of retreat But to proceed there was much spoken now of the Scots return and many agitations a great body was enforced to attend the King And he of a politique head was much catching and drawing and it is likely that his great knowledge where he met with true conscience not equally gifted he must prevail for prevention of which and other evils he I beleeve by stratagem and over-reach was brought to carry himself into the Isle of Wight where five hundred could do more then ten thousand otherwhere but see this brings greater preplexities for many now wearied with war and its effects of all sorts or so pretending taking advantage of the Armies opposing of disbanding cry out there can be no peace while there is an Army and though it is truth they were not a meer mercinary Army but raised by Parliament under the notion of engagement as free men for their own just Rights Yet it was plain their Interest was now grown wholly into the Army and that experience shewed there could be no just settlement while the Sword was unsheathed That they intended nothing but to take away property and introduce confusion and were Levellers haters of all Justice so that now the Souldier was enforced to stand upon his own guard London was opposite her Trade was decayed her Assessments great and all places filled with complaints The weaker party in Parliament being sedulous and crying up the Common good got not only many hearts but had enwoven many strong dependants into principal places of Trust and Office both at Sea and Land so that all that the mighty men could do was only to plot but they could not bring to effect The Army was before much admired for complying with the King and who so high against them as the Presbyter O they treated indeed it was the success however carried they maligned sure I am they opposed not the thing for they acted higher in it then ever did the other but to prepare for the work about the eleventh of June 1647. The London Apprentices so called made the foulest breach unto the Liberty of England that ever was forcing away the Speaker and all partaking with the Interest of the Army and the residue of the Members to testifie their contrivance of the fact choose a new Speaker and declare them at Windsor the head-Quarters of the Army whither the Speaker and divers Parliament men were fled or retired a meer Juncto as the Parliament of Westminster and the Assembly at Oxford had before mutually declared
therein still and these successes against him whom God would cast down engaged them the more speedily to effect their intentions and enact a disbanding of the Army lest the Army should disband them This hastens the Armies march to London I am consident altogether unresolved what to do the work which God now called them to was higher then ever and the presages were the ruine either of London the Army or both certainly there were many who would have put it to the Tryal but the Citizens wisely considering that the multitude of discontented persons poor and necessitous were as great if not greater dangers within then the Army without and that lose they what they could by compliance they must lose more by opposition they admit the General The Parliament is now shattered many of the Members being taken and imprisoned are declared as guilty of the bringing in the Scots and might as well if not better of the several mutinies in England on the Land and defection of the Ships at Sea London is now Garrisoned the Arrears which were great there intending by want of pay if possible to dishearten the Souldier are strictly ordered and the Seat of the beast there that is Pauls Church the Cathedral made a Court of Guard and such Members as would avow the proceedings with the King excluded the House Ireland all this while was to the Parliament almost as it hath been with me a thing not regarded but now there are thoughts of that and the Army setled under a certain number with a settlement of pay respectively and order taken for the settling the Navy and Generals sent forth there is great thoughts of the necessity of doing Justice mens minds had run no higher generally then happily to bring a Lord or two to the block but lo God raiseth mens spirits to that height and brings them to it by degrees that they bring even the King himself to the Barr of Justice O that every heart may tremble at the work of the Lord he hath here manifested his power let all Princes tremble Charls of England the best of Kings I may admit but the worst of all other men for none hath such obligations is the example No Nation had the like mercies with England the hand of heaven had planted and watered us we were grown rich our eyes stared with fat and our bodies sweat under the pride of apparel but our Religion was formal and all our improvement of outward mercies were to licentiousness the poor were naked idle and unprovided for the Law held forth righteousness but the Judges and Ministers made it crooked or broken the rich men only were imployed the honour of Magistracy was rich clothes and a full Table but they were too good to take pains Now O all you Magistrates see God hath plucked him out who was prayed for as the light of your life and the breath of your nosthrils the fountain of your so called Honours your Idoll and hath broken off not only the palms of his hands and his feet but by the Sword of the Lord hath cut off his head as an offender against the Laws which he was entrusted to be the chief Keeper of I write it when I still see with grief men great in riches able in parts think scorn to be left out of Offices and places of trust as neglected but put them in and if they have nothing else to do they think that a work below them I avow it just if God should turn them out of all and set the Plough-man to be their Lord but I see yet no Justice for man to do it yet that they should be punished is most just but of this more seasonably afterwards men that will may see God in this and admire I know many pious Christians enemies to this Act who yet adhered to the Parliament in all the Wars and contributions thereto against the King yea in the offensive one but their stick is the Covenant I would have such rest content 〈◊〉 their own innocency in the fact they might have opposed if then they resisted not let them now be silent seeing the Lord is high in judgement That party of Parliament who transacted the affairs of State now still keeping the name of the Parliament though assisted with or guarded by the Army and in that saving to us our due Rights and Liberties of equal Law and property After this fatall Sentence proceeds to the sentencing of others both of high and low estate and enact the alteration of the State of the Nation from a Monarchy the Government being grown wholly confused the due regulation of the Prince the priviledges of Parliament and the liberty of the Subject being rather not to be distinguished then destinguished rather treated on in the Schools then by themselves and our Laws though the ignorance of them excused no man by the Judges or Senate then by the many concerned whether Executioners as Justices of the Peace inferior Judges Constables c. or the poor multitude yea all our Cities and Boroughs lost in their Franchises and Towns lawless in all kinds so that there was a kinde of legall levelling or theevery grown common Was it not high time for the Parliament of England to step up God raised up some spirits and but a few they attempted high matters feared not the frown of a King nor the combinations of all neighbour Princes which was threatned but resolved to establish the work God set them about And I let them to know God hath plained the way unto them there is no opposition but Self they have been Gods instruments for great works and must be yet for greater success doth not always demonstrate the truth God may suffer them in many errors for one good sake What he intends I determine not but may conjecture that themselves saw God Almighty intended an alteration of that frame of Government which was in this Nation What to settle is their work and how to oppose this settlement was now the endeavour some things I fear in the many Counterbuffs which God had given were taken to oppose which were never so intended though they might be tendered inopportunely and under the time of the grand design of Petitioning As namely some Petitions which though not burned by the hands of the Hangman as that was presented to the ungarbled House yet it was for some things it may be justly distasted in the whole disowned and called or rather miscalled as seditious by some interessed persons to render the whole odious Rainsborough is slain and no due enquiry into his death or Sir H. Cholmleys supposed compliance with the Pomfreteers This in an unsetled State where though faith was highly known and pretended to on both sides little was acted by the parties controverting but as men adopted enemies to new attempts and that from grounds given forth plausible enough for the Engagements at New-Market and Triploe-Heath c. were made the outside of the design The matter proposed
of Reformers cause us to fall out with duty But while they fail let us as we should seek the Lord with double diligence I know there is much objected but the matters most eyed are first of purse-concernment as the Taxes or Assessments for the Army the Excise Customs c. wherein many that are contented to pay do yet much repine at the inequality of the levy But as to them I must say I know they in Supream trust have of late done much nay almost as much as in them lies its perticular interest now obstructs the real truth is corrupt principles have such root in us that gain is above all godliness men eminent could be willing all others should have Justice so they might be favored Yet this one thing might well be yet provided for in the Act that persons of not above four pounds per annum and not able to work or having a charge of children and no personal estate to the value of ten pounds and not being Farmers but living upon that should not be charged many now paying twenty shillings per annum to the war who are fitter to receive collection and many worth four or five thousands nay ten thousand pounds personal estate not taxed at all or if at all not above one shilling or one shilling six pence for three months The next matter chiefly eyed was after the alteration of the State from a Monarchy to a Free State or Republike to consider what should now be done to make good that freedom promised and the first or one of the first matters existent as a Law was the Act for Treasons the Objections against the substance of the Act as to the matters what is Treason I for the present omit to relate but pass to the forfeiture which is to the State as to the King and this some humbly conceive not agreeable to the rule of just Freedom hear their reasons shortly They say first That it is unjust to punish the childe for the fathers offence that it is evident that this was not the original Law of England Nature or Nations but the usurpation of Princes Heathen imitated by Christians for profit sake that it is a folly to think love of the estate or of wife or children will deter where the life is not considered and that this layes the same foundation for the State to seek by the rigour of Laws to gain estates to it self as in the King so that now our condition is not bettered in our Liberties for as our Supreames may be more merciful so they may be more rigorous the settled equal Law is the Subjects best priviledge Again In the Act for Treason they say this seeking of interest is evident in the particular of Coynage of money Clipping c. which being a work private much evil may be done and no legal discovery made as late frequent practise in all places hath evidenced but to put a penalty upon the offerer of it would soon give a full stop to it and that is the best Law which effects its ends with least publike or private detriment now to forfeit the piece so clipped filed or rounded would stop the currant but to forfeit that and so much more would dry it up quickly especially if it had an easie Trial as before the next Justice or two next Constables or some certain number of the neighbourhood and the faulty money immediatly to be cut in pieces I speak not of Coyning Stamping Counterfeiting and Washing let due penalties be by Law imposed onely trial speedy and easie The next Act controverted is that of Printing the Objections against which being publikely avowed in Print though some may say more wittily then with found Christian consideration I shall here onely say thus much that as is there in part held forth it is likely to be found the best expedient to stop the current of calumnious Printing not to do things subjecting to scandal and assuredly all moderate men will assert the Magistrate against the Calumniator if to this end the Press were open provided that each man would own his work and like the old Greekish propounder of a new Law write under the peril of his life it might be an useful expedient to take off Tryflers though it might endanger many whose zeal were either too much or knowledge too little I am now come shortly to the great rubb at present which is the Engagement against which none sure but preingaged persons can as matters stand object justly for otherwise to resolve Conscience we must ravel the Successions of all powers for if the actual possession of the Supream power doth not inable to require all Political obedience then surely acquests without just Title are void if so time cannot remedy it if so it concerns all powers to justifie to each Scrupler not onely his pedegree but the justice of it from the beginning I may say of the world but it is plain the Boglers at the work are such as look for an other change It is certain Protection requires Obedience and it is as certain that they are happy in Politicks who in the Changes of Government are so disposed by the Supream Wisdom for mans alone will not avail that they exercise the extream or height of Rigidity or Mercy aright for one is ever found necessary And now I am come to the last great contest the peoples Liberties The questions are first concerning an extraordinary Commission to try sitting the odinary Courts at Westminster For the holding up the hand opening of doors both which were pressed I fear rather to make a party and oppose the present Power then out of Conscience I omit them here The next was Whether in Case of Life a man may have Councel A third Concerning the lawfulness of requiring and taking the general plea not guilty The last Whether the Iury be Iudges meerly of fact or of Law also and to these well may be added two things more namely the Queries concerning maintenance in prison And arresting by an armed power in the time of peace All which indeed are of main concernment to the Nation and people yea even as much as Lives and Liberties matters of the most pretious respect with men and justly to be inquired into wherein I shall only shortly give the general Opinions and Arguments of men wise and desiring just things but withall entreating briefly of the criminal part of our Laws prosecution which hitherto hath been purposely waved I take it that the Law of England according to the rule before said down owns a twofold way of bringing persons criminous to trial which is that of appeal of which I shall onely hint what it was being now a thing as before I said wholly disused namely it is a prosecution of the party be it for Maihem or Felony of any sort and in the name of the party appealing which suit he might by the Law compound for and release yea if it were for murder at least it was
pleading to the Jurisdiction Next by denying himself to be the party with multitudes more how evident soever Which Laws in the letter being taken advantage of as one for example one first called said nothing then shewed his name was not John but John-as Jenkins therefore not the party indicted That amended the Clerk goes on John-as Jenkins of c. he answers not after much debate there is two Towns one Hoph Pet. the other Jo. and the Indictment is general he knows not which that agreed on then his addition is mistaken as he is Baronet indicted Knight or Knight and Baronet but all agreed on he is then to plead and to this he pleads First strange dilatory pleas as that the fact was done in another County c. These breeding great trouble and great delay were both in Civil and Criminal cases in great part rectified but so jealous was the Parliament ever of the thing called Priviledge that all was never done though it may be the greater evils were removed so that there are causes enough still to dally in Law to general disadvantage of honest and publike good and no liberty but of general capital offenders Now the reason of this was evident because the Subjects Liberty was by Princes sought to be totally enslaved the best and wisest were most active in opposition and to save these good men we ensnarled the Law and till now had never opportunity of rectification if yet we have this seen by the Crown side they engage three wayes by Judges absolutely depending A Jury of Conformists and the general Plea not guilty And thus Prerogative and Priviledge fought And surely the Law holds forth matter so clear in the Year-Books on the one side by Presidents Rights of Supremacy dispatch of business c. On the other side by Presidents reason of Priviledge for safety of Life that the controversie seems endless and yet Justice is plain let him plead not guilty but withall give what other matter he can in evidence which the Court ought to accept and upon the whole matter to give judgement hearing himself and Councel which surely if in any other Cause Matter or Plaint a Subject ought to have then much more in case of life especially if the Law favors it and more especially where the Judges are the meer Dependants of the Prince or State which jealousie cannot be satisfied without if withall other things can be supposed any way requirable and therefore it hath been accounted for Law that the Jury were not barely Judges of the fact but were surely intended as a barr to Prerogative in some sort or dependance thereon for they may be without all doubt so far Judges as to finde the matter specially will the Judge or nill he and if themselves will venture an attaint may be Judges of the Law indeed against the plainest evidences So that it is evident these questions are easie to be controverted and hard to be determined yet not in themselves but only because of the divers interests in this as in most matters in our Law wherein the Crown had any hook according to the prevailing of their party having laid foundations for their own benefits and advancing their particular designs which is the first rise of the controversie about the Militia which never was in England in the Kings hand otherwayes then that of Tenures the posse Comitatus being alwayes the proper defence of the County and not subjugated to the Kings will or Royal Commission Now the reason was War and Peace was nominally in the King really in the Subject because of Moneys which could not be charged without consent in Parliament some upon this ground a Quaere of main concernment Namely what are the Laws of England or where to be found Some as I have said answer the Law of God others say excellent reason some the Law of Nations peculiarized by use others say with the Lawyers That the Law of England is founded upon the Law of God the Law of Reason principles called Maximes Customes not contrary to reason received time out of mind and proper quarto modo to the people of the Nation Statutes and the resolutions of the Judges To this it is objected that these generals teach or edifie not what the Law of England is For the Quaere is If the word of God whether all or part if so the infallible or at least certain Rule pleadable to know which part they require the like certainty in reason and the Exposition of Principles and Customes for they say all these must solely depend upon the Iudges and then the Law in their opinion is wholly Arbitrary for if their only word makes it reason and their only word determines the end and meaning of the principle and so whether custome be good or not then it is meerly at the will of them and this they say experience manifested in the great Cause of Ship-Money wherein had not the Sword been the better Arbiter of their priviledge the sentence had been irrevocable to enslave them all to the King Therefore they say there must be common reason or some head-Rule which must judge most excellent reason not that they intend vulgar decision but a judgement must be tryed by its conducing to publike good The Rule is Good the more general and common so much the more precious and from this they conclude all these heads of the Law of Nature or Reason Principles or Maxims and Customes to be all the same with the dicta sap or resolutions of the Judges and then whose creatures they are and from whom they have their honour pay c. to them they will be bound which they cast not by way of odium upon them but common to them with all men to enforce and improve all their abilities by the first principle of nature to the preserving self and this they do and better self in advancing the Title and Interest of them upon whom they depend But they say this is as fatal a hawk to liberty to have such an absolute dependance upon a State as upon a Prince tending to the same end of enslaving the people Yea reducing a State from a Democracie to a Tyranny as well as from Royalty to Tyranny for they say they have heard from Lawyers and it is a general complaint That the Laws of England are they know not what at least a wise or so called Politick Judge may make them so and that this is easiliest done in matters of highest concernment Take them to be the Law of God no such matter where is ought according to that rule They exemplifie in Henry the Eights Law for marriages made meerly for private interests and now for the same neglected for Gods Name is scandalized prophaned blasphemed and not regarded horrible adulteries and some say incests unpunished Yea all the rabble of Popish Episcopal and now so called Presbyterial Professors that is the baptized Christian are guilty of walking clean contrary to their profession
Where is the Image of God Look upon the Magistrate by what names or titles so ever distinguished they execute not the judgement of God but of themselves they rule to satisfie their lust they glory in outward power riches honor and the like the great men both those that are mighty through wisdom as the learned Lawyer Phisitian Divine mighty in strength as the Commander in war Military Power or the Magistrate from the highest Iudge to the lowest Constable who are cloathed with civil power all as the Supream in Trust do lead follow the dance of eying the splendors and glories of the world and can we think that the multitude will not follow O all you mighty men What hath made you thus haste to destruction What was it that by degrees made possible what confidently none of you could once think on the executing of a King in the chief City of his Realm what made you seek a change and what prepared the way to the Iudgement which God had appointed was it not Self-seeking was it not raigning for Self was it not Oppression in Iustice was it not altering the end of the Law more then the Law it self though that was laid to his charge as fittest to draw the people to a sensible interest Those that came in place after what was it rendred them obnoxious to change was it not driving on the same trade and most assuredly it will in Gods Jnquisition for righteousness and Iudgement ruine all that shall tread the same path you cannot wholly ruine the native Liberty I avow to have after a total expulsion of the Kings Power and setling an other by your onely visible Power submitted to the Engamement to be true and faithful to the Commonwealth of England c. I by this acknowledge my self bound in my Place and Station to be actively to you untill as fully subdued while at liberty but if under the Sword of your Adversary I must submit unto the force and not act against them not you this the Law of Nature teaches the Law of best and Supream Reason further you cannot expect no nor your enemy unless you will be Tyrants and this either of you may require I allow not of seditious words writings or deeds I onely say Give the liberty you would take sure none but evil Magistrates ever would disallow a liberty to complain some say t is all that is left them But I shall desist from such enlargements and speak onely upon some few matters arising in the Verge of my trust I am bound by a necessity to declare the evils of them First Concerning the Tax for the Army It hath as to its great and unjust inequality been long complained of for some paid but two pence per pound that is the rate came to two pence per pound in those parts and they gave in but half value of their lands as twenty True value was rated at ten and no more if so much and the Towns adjacent were at full value one shilling two pence per pound yea some in other places one shilling ten pence so that in the highest rates to the E. of Manchester British Army Newark the Garrisons c. the poor owner and some rich ones did freely offer their whole Revenues to discharge Taxes This burthen was long laboured against after this comes an Act for an equal pound rate this by them who had good bargains was opposed and delayed so that the Armies necessities enforced a return to the old way of error Some just men renew this work more rigorously and an Act comes down for six months beginning at 25. of Decem. last the Act comes so late that it s not possible to act towards the first three moneths and that there might not be such delayes and evils as had faln out upon the former three months which gave no power to the Commissioners to act otherwise then by a pound rate so that many feared Premunires this gave such a power in case of not being able to compass the work in due time to return back again The business of the second three months was not thought fit to be put on foot till the first three moneths were ended when the time comes the old Opposers are the new Opposers and plead several pleas which will inlighten much to the truth of what is before Historized The main objections were three or four first It was Levelling and that it was as just to reduce all mens estates to an equality as the rates after so long continuance this a grave and wise man otherwise strenuously asserted The second was It was an obstruction to the service of the State for alteration of Customary Rates would be long in settling the monies would not come in and then the Souldier would return to free quarter and the next The Garrison of Lin were earnest not to alter fearing as they said That they that took free-quarter when it was not due and more then was due would out-do Reason if really behind The last was when we had done what we could we could not make a truly perfect Rate There was a fourth but little to the purpose and that was we knew not what nor how to rate and so we might over-rate as well as under-rate and for that we had no power To the first it was answered That a rule of Justice was desired not equalling estates but equal rating of them the best way to quiet spirits from thoughts of unjust Levelling To the second That it obstructed not the service to alter the rates from evil to good the souldier should have his money and would but each one lend their helping hand as soon as in the old way and to avoid raising more they would raise less and then rate a new as the Act ordered but if obstructing Service would bear a rate absolutely contrary to an Act before that reason would allow a little over rating now and the rather because it should truly ease the next Assessment the Accompter would appear and no evil done To the third it was said That the evil unjust rate had continued seven years and no remedy as unjust as at first and must be so for ever for the rule was to rate as formerly This was now provided for and what was now pleaded That the Parliament did not intend any alteration for alteration could not be without obstruction Thus Self makes use of all weapons for her advantage and were it possible to trust men in chief places not so selfish or that those in Supremacy were so clear that right might be expected we should soon see an alteration The next thing which I hold my self bound to give notice to the Nation of is The Assizes for Norfolk were according to evil Custome if there be so much in it kept at Thetford on the brink of the River parting Norfolk Suffolk the use arising from the High-Sheriffs heretofore serving for both Counties it having no prison fit to receive the
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
Lawgivers 6 Why they pretended to receive their Laws from their gods and that both in respect of Magistrate and people p. 106 7 That Christians ought to live under Laws and the reason 8 Authors waved and the reason why Reason is onely allowed 9 The inference that the Magistrate in Legislative power ought to make Laws by a Head Rule and the Judicial propounded and the reasons for it examined by several Instances specially in life liberty and goods and this proved by the New Testament 10 That the Judicials did not properly mislead us but the Ceremonials Chap. 10. p. 112. Wherein is shewed 1 That the Magistrate keeping his Head Rule his power extends all vice 2 In that liberty his boundary generall manifested by an example Chap. 11. p. 112 113 114 Wherein is cleared 1 What the general acceptation of Prerogative is 112 2 What it intends as looking at the Supream Magistrate and that either in absolute Powers or limited 3 The vertual power of Supremacy is ubiquitary 113 4 How its intended in Law that the King can do no wrong 5 The error causing our Divisions heightning giving to the person what was proper to the Power 6 Several benefits given to the Supream Magistrate by Laws and called Prerogative 7 The reason why lapse of time did not prejudice the King 114 8 The reason why the King was admitted to be deceived in his Grant 9 The insufferable abuse of these 10 And of the Kings dispensing with a non obstante in a Statute and not so bound unless named 11 A further grant of profits to the King 12 Some Honorary Grants yet used to profit 13 How the King takes or parts with ought legally as King 14 Some unfitting profits evidenced 15 Deodands a meer allusive Judicial 16 Of the special Judges to try his Rights 17 Three abuses of Prerogative in not having judgement final against him acting all particularly for which no Law was granting Charters and priviledges 115 18 The special badges of Supremacy what and incommunicable 19 That these were never in the King of Englands hand Chap. 12. pag. 116 117. Wherein is shewed 1 That the Supream Magistrate is Judge of Publike good p. 116 2 That this must yet in the issue be evident to others 3 The abuses and benefits of Monarchies and Republicks further debated 4 How Englands Laws admitted her King Judge of publike good 5 Some complaints against meer Prerogative Officers remembred 117 Chap. 13 p. 117. Wherein is treated 1 That the Supream Magistrate may grant inferior so called Prerogatives 2 How he may grant them and the benefit and necessity thereof Chap. 14. p. 117 118. Wherein is declared 1 That there alwayes have been diverse Opinions of the Magistrates and Churches Power with the Reasons of it 117 2 That the Magistrates Power is chiefly preservation of the Peace 3 That much of the Duty of the first Table lies upon the Magistrate and how but not solely nor principally and the reason 4 A touch of Christs Blessing left to his Church the Apostles and their Successors in Doctrine Chap. 15. p. 118 119 120 121. Wherein is treated 1 Of the end of Magistracie 118 2 That evil men may be good Magistrates therefore obedience is still due to them 3 The necessity of this or good Magistrates will be ousted by evil men p. 119 4 That the Pope through the abuse of this difficulty became the sole umpire of all controversies 119 120 5 Limited Magistrates or that rule by Law must not go beyond their rule and the reasons of it 6 Absolute Monarchs questionable onely by the whole community 7 How dangerous an evil this is and therefore waved 8 Christian Princes from the Kings of Judah especially have all pleaded to be absolute 120 9 In limited Monarchies the Assemblies Dyets c. may judge the Monarch 10 The way to distinguish absolute and limited Monarchy 11 The necessity of well tempering popular States 12 There are evils in having as in not having barrs to Supremacy 13 The punishments used formerly to them called Kings or Monarchs 121 14 The benefit of such punishments Cap. 16. p. 121 122. shewing 1 The original end of Parliamentary meetings 121 2 The priviledges given to the persons met and the reasons thereof 3 Protections to other then meer menial servants in ordinary unlawfull 4 Their Speaker not to be disallowed but upon good cause 5 They have a liberty to treat of all matters freely c. 122 6 They are the Guardians of the peoples Lives Liberties and Estates c. 7 The necessity of them to keep Kingdoms from devolving into Tyrannies 8 These to be limited to time lest they grow Tyrants or as bad 9 That their errors if any committed by them might be amended 10 They are to be paid by an equal rate upon all that chuse and ought to do if they had not dispriviledged themselves Chap. 17. p. 123 124 125 126 127. Wherein is shewed 1 The necessity of Magistracy 123 2 The principal ends manifesting wherein the Priviledge of the Subject generally consists Examples given thereof first negatively then affirmatively 3 Affirmatively to be governed by righteous Laws righteously 124 4 That these Laws extend to persons in all places at all times c. and that in respects requisite to common or more publike peace or safety 5 That its requisite the Supream Magistrate set the example to others 6 The Supream Magistrates neglect a ground to hinder Reformation 7 Ill Customs or Laws to be altered 125 8 Matters of publike grievance especially if arising from particular interest not to be continued 9 Placs of publicke Judgements to be fitly setled and not altered but in case of necessity 10 Priviledge wherein respecting the Subjects generally wherein it consists illustrated in many particulars heretofore questioned 11 Priviledge not to be pleaded to them convict of crime 126 12 A general Law can be no dispriviledge 13 Exempting particular persons for particular and special reasons can be no priviledge or dispriviledge 14 To be Master of Arms or admitted into Military trust a special priviledge 127 Chap. 18. p. 127 128 129 130. in which 1 Nature gives like priviledges to all men 127 2 We lose them either by compact of force 3 Iust that force should be submitted to And that to equals obtaining Supremacy by power 128 4 In rational subjection or subjection by compromise or agreement there is to be no difference betwixt the Prince and Subject concerning good better or best for of that the Prince is absolutely judge and so on the contrary but in manifest evil or good 5 The absolute Powers Christian are under a Law 6 Powers must look to be just 7 Self-safety considered in a queried particular 8 Opposition makes Conquerors hard-handed in the first settlement 9 Providence considered and where it s to be allowed where not 129 10 Nations not to make others their Pattern without a just rule 11 Nations subject Nations as men do men and
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