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A57541 Sagrir, or, Doomes-day drawing nigh, with thunder and lightening to lawyers in an alarum for the new laws, and the peoples liberties from the Norman and Babylonian yokes : making discoverie of the present ungodly laws and lawyers of the fourth monarchy, and of the approach of the fifth, with those godly laws, officers and ordinances that belong to the legislative power of the Lord Iesus : shewing the glorious work incumbent to civil-discipline, (once more) set before the Parliament, Lord Generall, army and people of England, in their distinct capasities, upon the account of Christ and his monarchy / humbly presented to them by John Rogers ... Rogers, John, 1627-1665? 1654 (1654) Wing R1815; ESTC R17577 155,416 182

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the Publicke good and safety and then the second Table containes the order of justice to be observed among men that every one may have right according to which the Publique good is preserved our Parliament is to set up God godlinesse c. in their capacities as the Publique good and then according to his Law to set up Justice and Righteousnesse amongst men because by good and just Lawes are men secundum quid in ordine ad tale regimen made good and just The Braine Liver and Heart in the Body doe resemble three principall Members of the Body Politique the Liver is the beginning of naturall faculties which segregates the Humours aggregates the Bloud and so sends it about into the Body and for this may use be made of the Physician the Heart is the beginning of vitals and generates vitall spirits and then sends them and spends them about in the particular members of the body and this doe some of the faithfull Ministers of the Gospel who wil spend and be spent for the worke of Christ in this Common-wealth But then the Braine is the beginning of Animals as Doctor Sutton sayes in his A●size Serm. p. 2. commands in chiefe the Body sits in the highest roome as in a royal Palace compassed about with Forts and Guards hath the five Sences as so many Intelligencers to give notice what is done abroad c. and this embleme befits good Magistrates who must sit highest and honourablest and command the body so as to keep it in order and good temper 3 Although a Law doth necessarily praesupp●nere actum intellectus yet it does formally lye in actu voluntatis but then the will of the Law-giver must be guided by Divine reason or else his Lawes wil be tyrannical and unjust for Tyrants are absolute in their owne wils and stand tiptoe for their owne interest and like Horses at stake tyed by a Law yet they reach out with one legge as farre as they can to grazs into their owne bellies But Aristotle tels us excellently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that an honest Law is a cleare intellect without the wil that is it is impartial to all alike and cannot be bribed to injustice it is a pure judgement without selfishnesse or seeking our owne wils it is such a Law as makes no factions therefore a Law-giver must follow the ultimum practicum dictamen legis i. e. true reason and his wil like a ●aeca potentia must follow the novissimum lumen intellectus the last light of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and therefore Justice is painted blinde though the Law be oculata and must see for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4 Law-givers had need to have a sound judgement of all men and like Janus his head look both wayes yea all wayes with Argus's eyes when they make Lawes Judicium prudentia Archi●ectonica ad ferendas leges The Aegyptian Hieroglypbick was oculus in sceptro and it had need with us to be such an eye as can see both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 into publick affaires therefore as the Phisician before he sets down his Receipt or prescribes to his Patient what to doe he wil feele the pulse of the body view the urine observe the temper and changes in the body and be very inquisitive to informe himselfe of the true estate of the body before he can proportion his remedies c. So should our Parliament know how the Pulse beats of this Body Politick and consider what temper and changes attend us otherwise they wil never proportion Justice and Lawes sutable to the present estate of this body nor bring forth apt remedies to remove those dangerous Lawes and humours which are the cause of our complaints and sicknesse Legislator humanae legis judicat de actibus exterioribus I pray God give our Parliament such ●udgement and insight for certainly as Averroes sayes Judgement is a Syllogis●ne in which a Judge can never make a good conclusion that considers not of the premises first How many Votes and resolves in Parliament without this wil prove one after another starke nought and blinde and if the first conc●ction be not good the second cannot be so but then up starts the Si●●emites whose counsell is that fire may goe out of the ●ramble to burne up all the Cedars of Lebanon Now seeing we are sure the Lawes flow from a fountaine of wisdome then all our Lawes must be like Candles lighted at his for those Lawes are most profitable and prevalent which are founded in his light 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O what sweet and soft perswasion wil those Lawes have with them that are stuffed with the excellent fanny-downes of reason 5. Lastly the Legislative Power take● special care of the due Proclamation of all the Lawes that the people be not ignorant of those Lawes which require obedience hence as I●idor●s l. 2. c. 10. Etym. sayes Lex is a legend● as wel as a ligando and therefore must be made known as was said in chap. 3. V●●●●ubae to all the people for it is horrible tyranny to punish any free-borne Brittaine or Englishman upon an unknowne Law and therefore as all the Lawes of God are published in a most sufficient and emphaticall manner so according to the Lawes of God ought all our Lawes Thus as they are our Legislators doe we heartily looke for the ●●●ting up of such Lawes as agree with Gods and the peoples nights and for pulling downe those unjust usurping tyrannical topping Lawes and Lawyers who live on the robbing and wronging the people of their just Lawes and Liberties but the Question is now we know by whom when the Lawes may be altered Ans. Although in the second Chapter I have spoken to it yet I adde this 1. That the Lawes may be yea and must be altered i● unquestionable seeing they are not infallible conclusions but better may be brought forth for the publick good safety and freedome And 2 They must be altered when the present Legislators see the defects of the former and are indued with reason to reforme them yea though the first aimed at publick good seeing instituerunt imperfecta forte injusta in multis deficientia yet their Successors must mutare instituere aliqu● quae in paucioribus deficere possunt a commun● salute utilitate 3 When the times are turned and States are changed with them then others must be set up that better suit the times and seasons wherein we live and the condition of the Common-wealth upon such a change this made Augustine to say in lib. 1. de lib. arbit c. 6. tom 1. Lex temporalis quamvis justa sit commutari tamen just● per tempora potest pro hominum ac temporum variis conditionibus let our Lawes be ever so honest and just yet they may be lawfully and justly altered according to the conditions of the Times we live in
hand to rich and poor otherwise there is a Darling yet which is more preferred then the publick But I will say no more as yet to that onely this That all the Demetriusses of this Diana begin already to cry out for fear at the change of their long established forms whereby the publick hath been inslaved and whereby they have made gain by great fees and extortions so that the day of the Principle and Equity is terrible to them and a Lilburn is as bad as a Tiburn to them These twelve Corollaries drop out from the light and law of nature so that Nos legem bonam â mala nullâ alia nisi naturalinormâ dividere possumus c. By that Law we discern and divide betwixt good and bad and because as the Emperor M. Antoninus said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are equivalent the Law of Nature the Law of Nations and the Law of God require reason i. e. The principle to have the preheminence of all humane Laws whatsoever and that for these Reasons too 1. Because this Light of Nature i. e. Reason and clear understanding of things rational is a lumen certum such a light as makes a clear and certain discovery of things within its sphere There were a sort of Academicks and Scepticks who had this Motto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I cannot comprehend or reach and indeed onely God himself can perfectly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an object their radical principle was but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to hold every proposition in aequilibrio in equal ballance and that there was an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an equilibrity of reason for the affirmation or negation of any opinion or perswasion But this is a black error yea a heresie of an irreconciliable antipa●hy against Reason and the light of nature which gives a certainty of knowledge in things rational which first peeps out in sence but shines in the understanding as bright as noon-day And yet I assert that God the eternal entity that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must needs be the Fountain of certainty But reason though her colour goes and comes in motu fluxu sayes Culverwel yet in her sphere sees certainly and deals faithfully with men therefore mens Laws must be made by this and this Reason be a Law above all humane Laws 2. It is a lumen tranquillum a quiet light and the want of this causes much contention and quarrelsomness were this light but followed or reasons voice regarded it would stop many a suit compose many a difference sheath many a sword quench many a flame cure many a wound comfort many a soul and stay much blood dispel much jealousie sullenness and suspition and what not In the dark men are foes with friends and friends with foes and they fall out and cannot tell for what but when Reason comes Passion is rebuked breaches are soon made up and all ●verboyling lusts of men scummed away which are as the Orator sayes averse a rectâ ratione and contra naturam 3. It is a lumen jucundum a sweet pleasing and chearful light 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Reason is the smiling light of nature and her crown of Roses the very frowns and supercilious threatning brows of nature in many cruel and almost unnatural Laws are hereby paved levelled and pared away and turned into pleasing looks upon the poor as well as rich without respect of persons And thus the dark dismal night is chased away into a lovely ●ightsome and welcome day 4. It is a lumen dirigens a light for the feet the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the guiding and directing light Hence Schoolmen call Reason the Principium movens omnium actuum humanorum the moving principle therefore this principle is to be preferred Would not one that is lost in a dark night be glad of a Candle 5. It is lumen derivans or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lumen à lumine a derivative light it is but scintilla divinae lucis a Beam of the Body or a borrowed excellency of Divine Reason So that God himself is the Eternal spring and Head of reason and hence it is that the light of faith and light of reason will both shine in one heart and Reason uses such a prospective-glass to discover amplifie and approximate some amiable objects Now seeing Reason is derived from the most Divine Principle it ought to be regarded and preferred because in time Isa. 60. 19. shall be made good 6. It is lumen ascendens an aspiring growing light as Prov. 4. 18. The light of an upright man shineth more and more to the perfect day In every age Reason reaches higher therefore in every age the Laws should be corrected and pared away from all self-seeking interests according to the measure of Reason while ought to be most of all regarded as the standing rule But if 〈◊〉 be thus let us make this use Use. Let no man hide his light under a bushel but out with 〈◊〉 for the publick good and benefit of the whole Civil firmament 〈◊〉 it is contrary to the nature of true light to be kept up and 〈◊〉 reason to coop it up Nothing makes man more useful as to 〈◊〉 then reason and to cabbin it up is the way to coffin it up 〈◊〉 limit it is the way to lose it Therefore for shame Friends 〈◊〉 Countreymen can we be idle Let us bring out Reason to 〈◊〉 form all Forms and Laws that are against Reason and this 〈◊〉 openly in publishing printing and discoursing Obj. This is the way to be hanged for our Reason what brougt Sir Walter Rawleigh to his untimely end but his too much reason and understanding And so others are thereby brought tamper with Laws and the State and it may be lose their li●● for it under pretence of Traytors Answ. It may be so but let a man be called what you 〈◊〉 because he prefers Reason as the principle of the Law yet 〈◊〉 an honest man 2. It is Satans design in civil affairs as well as spiritual 〈◊〉 blur and blemish the most serviceable and faithful men 〈◊〉 naucious and nocuous terms to render them odious to the wo●● and then to cut them off whiles there is none to pity them 3. He is the greatest enemy to common good and traytor th●● can be that betrayes his Reason and becomes a slave to enforce Forms and Laws of men that are tyranny and oppression and 〈◊〉 gainst Reason Object But Humane Laws do bind the Conscience to obedience Answ. It is true if they be just and honest they do as 〈◊〉 8. 15. By me they decree justice but if they be dishonest and 〈◊〉 just and inconsistent with a rational principle they do not Laws are said to be unjust two ways First When they 〈◊〉 contrary to humane good and welfare and this is two ways 〈◊〉 1. Ex fine when they be burthens and hinderers of common